Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is well known, that, according to ancient usage and the Law of
Nations, every privateer is entitled to belligerent rights, one of
which is that most difficult, delicate, and dangerous right, the
much disputed Right of Search. There is no Right of War with regard
to which nations are more sensitive,--and no nation has been more
sensitive than our own, while none has suffered more from its exercise.
By virtue of this right, every licensed sea-rover is entitled on the
ocean to stop and overhaul all merchant vessels under whatever flag.
If he cannot capture, he can at least annoy. If he cannot make prize,
he can at least make trouble, and leave behind a sting. I know not
what course the great neutral powers may adopt, nor do I see how
they can undertake to set aside this ancient right, even if they
smart under its exercise. But when I consider that these powers have
already by solemn convention--I refer, of course, to the Congress
of Paris in 1856--renounced the whole system of privateers among
themselves, I confess my fears that they will not witness with perfect
calmness the annoyance to which their commerce will be exposed. And
now, Sir, mark my prediction. Every exercise upon neutral commerce
of this terrible Right of Search will be the fruitful occasion of
misunderstanding, bickering, and controversy, at a moment when, if my
voice could prevail, there should be nothing to interfere with that
accord, harmony, and sympathy which are due from civilized states to
our Republic in its great battle with Barbarism. Even if we are not
encouraged to expect these things from Europe, I hope that nothing will
be done by us to put impediments in their way. Justly sensitive with
regard to our own rights, let us respect the sensibility of others.
It is not enough to say that we have an unquestioned right to issue
letters of marque. Rights, when exercised out of season or imprudently,
may be changed into wrongs. It was a maxim of ancient jurisprudence,
_Sic utere tua, ut alienum non lædas_, and I think that this maxim, at
least in spirit, is applicable to the present occasion. Our right may
be clear; but, if its exercise would injure or annoy others, especially
without corresponding advantage to ourselves, we shall do well, if we
forbear to exercise it.
Public-domain text, read in full here on John Shaqi.
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