Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
If the recognition of a _de facto_ power were a duty imposed upon
other nations by International Law, there would be no opportunity for
objections founded on principle or policy. _But there is no such duty._
International Law leaves to each nation, precisely as the Municipal
Law leaves to each citizen, what company to keep or what copartnership
to form. No company and no copartnership can be forced upon a nation.
It is all a question of free choice and acceptance. International Law
on this head is like the Constitution of the United States, which
declares, “New States _may be admitted_ by the Congress into this
Union.” Not _must_, but _may_,--it being in the discretion of Congress
to determine whether the State shall be admitted. Accordingly, in the
exercise of this discretion, Congress for a long time refused to admit
Missouri _as a Slave State_. And now the old Missouri Question, in
more outrageous form, on vaster theatre, with “monarchs to behold the
swelling scene,” is presented to the Christian powers of the world. If
it was right to exclude Missouri, having only few slaves, and regarding
Slavery merely as a temporary condition, it must be right to exclude
a pretended nation, which not only boasts millions of slaves, but
passionately proclaims the perpetuity and propagation of Slavery as the
cause and object of its separate existence.
Practical statesmen have always treated recognition as a question of
policy, to be determined on the whole case, even where the power is
_de facto_ established,--as amply appears in the Parliamentary debates
on the recognition of Spanish America. If we go behind the practical
statesmen and consult the earliest oracles of International Law, we
find, that, according to their most approved utterances, not only may
recognition be refused, but there are considerations of duty this way
which cannot be evaded. It is not enough that a pretender has the form
of a commonwealth. “A people,” says Cicero, in a definition copied by
most jurists, “is not every body of men, _howsoever_ congregated,
but a gathered multitude _associated through agreement in right and
community of interest_.”[110] Again, he goes so far as to say, “When
the king is unjust, or the aristocracy, or the people itself, the
commonwealth is not vicious, _but null_.”[111] Of course a commonwealth
that is _null_ cannot be recognized. This same lofty standard is of
frequent recurrence in the testimony of the great Roman. But he is not
alone. Grotius, who speaks always with the magistral voice of learning
and genius, furnishes the just conclusion, when, after declaring that
a state is “a complete body of freemen associated for the enjoyment of
right and for their common benefit,”[112] he exposes the distinction
between a body of men, who, being already a recognized commonwealth,
are guilty of systematic crime,--as, for instance, piracy,--and
another body of men, who, _not yet recognized as a commonwealth_, band
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