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
determine if the seizure is valid. The question is compendiously called
_Prize or No Prize_. Where the property of neutrals is involved, this
requirement becomes of absolute necessity. In conceding belligerence,
all customary belligerent rights with regard to neutrals are conceded
also, so that neutral rights and interests are put in jeopardy. Here
we see at once the wrong done. If nothing is due to Civilization,
something is due to neutrals. Without dwelling on this point, I
content myself with the authority of two recent French writers.
M. Hautefeuille, in his elaborate work, says: “The cruiser is not
recognized as the proprietor of the objects seized, he cannot dispose
of them, but _it is his duty to present himself before the tribunal and
obtain a sentence declaring them to be prize_.”[147] A later writer,
M. Eugène Cauchy, whose work has appeared since our war began, says:
“A usage which evidently has its source in _natural equity_ requires,
that, before proceeding to divide the booty, there should be an inquiry
as to the regularity of the prize. _Every prize taken from an enemy
should be carried before the judge established by the sovereign of
the captor._”[148] But if the power calling itself belligerent cannot
comply with this condition,--if it has no port into which it can
bring the captured ship, and no court, according to the requirement
of the British Admiralty, with “a regular judicial proceeding wherein
both parties may be heard,”--it is clearly _not in a situation to
dispose of a ship or goods as prize_. Whatever its force in other
respects, it lacks a vital element of _ocean_ belligerence. In that
_semi_-sovereignty which constitutes belligerence on land there must be
provision for the _administration of justice_, without which there is
nothing but a mob. In that same _semi_-sovereignty on the ocean there
must be similar provision. It is not enough that there are ships duly
commissioned to take prizes, there must also be courts to try them;
and the latter are not less important than the former. Such is the
conclusion of reason, in harmony with acknowledged principles. How,
then, acknowledge belligerent rights where this condition is wanting?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account