MR. SUMNER. The Senator will pardon me, if I say that I know no better denunciation than that of a treaty negotiated by Franklin. A treaty is the act of the nation, and testifies to the sentiments of the nation. If the same denunciation did not find place in more important treaties, it is reasonable to suppose that it was not acceptable to the other contracting parties. It is an historic fact, that Franklin sought to embody this denunciation in the very treaty by which our independence was acknowledged, and thus to associate it with our national being.[145] Indeed, it was a standing offer from our Government to foreign powers.[146] Unquestionably the Constitution gives Congress the power to issue letters of marque, but the reason is obvious: because privateering was recognized at that time as a proper agency of war. The framers of the Constitution did not divest the government they created of a power which belonged to other governments according to the existing usage of nations. In recognizing this power, they express no opinion upon its character. For that we must go to the treaty, and to the words and efforts of Franklin, Jefferson, and John Quincy Adams, speaking and acting officially for the nation,--all but Franklin subsequent to the Constitution. And now, Sir, at the risk of repetition, I enumerate my objections to this bill. 1. It proposes to cruise against a non-existent commerce, for the sake of a non-existent booty. 2. It accords to private individuals the belligerent right of search, which must be fruitful of trouble in our relations with the great neutral powers. 3. It gives to the President, in his discretion, the power to issue letters of marque in any future wars, without any further authority of Congress, when this power should always wait for the special authority of Congress on the declaration of war. 4. It is in the nature of a menace to foreign nations, and therefore worse than useless. 5. It vitalizes and legalizes a system which civilization always accepted with reluctance, and our own country was one of the earliest and most persistent to denounce. 6. It will give us a bad name in history. It does all this without accomplishing any substantial good. If it be said that ships are needed for transportation, or for the blockade, or in order to pursue pirates on the sea, then, I repeat, let the Government hire them. The way is easy, and it is also the way of peace. To this end I offer a substitute for the present bill, which will secure to the Government all the aid it can desire, without the disadvantage or shame of a measure which can be justified only by overruling necessity. I will read the substitute. “That the Secretary of the Navy be authorized to hire any vessels needed for the national service, and, if he sees fit, to put them in charge of officers commissioned by the United States, and to give them in every respect the character of national ships.”