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
Earl Russell himself, so swift to make this concession, is led
to confess the necessity of Prize Courts on the part of _ocean_
belligerents, and thus exposes the irrational character of his own
work. In a letter to the Liverpool Chamber of Commerce, occasioned by
the destruction of British cargoes, the Minister says: “The owners of
any British property, not being contraband of war, on board a Federal
vessel captured and destroyed by a Confederate vessel of war, _may
claim in a Confederate Prize Court compensation for destruction of such
property_.”[149] Even in the very speech announcing the belligerent
rights of our Rebels, including the right to visit and detain British
merchant vessels having enemy’s property on board and to confiscate
such property, Earl Russell was compelled to declare, that “it was
_necessarily implied_, as a condition of such acknowledgment, that the
detention was for the purpose of bringing the vessels detained before
an established Court of Prize, and that confiscation did not take place
until after condemnation by such competent tribunal.”[150] Such was the
express condition, obviously to secure justice. If there be no Prize
Court, then justice must fail; and with this failure tumbles _in fact_
the whole wretched pretension of _ocean_ belligerence, except in the
galvanism of a Queen’s proclamation or a Cabinet concession.
If a cruiser may at any time burn prizes, it is because of some
exceptional exigency in a particular case, and not according to general
rule, which practically declares that there can be no right to take
a prize, if there be no port into which it may be carried. The right
of capture and the right of trial are the complements of each other,
through which a harsh prerogative is supposed to be rounded into the
proper form of civilized warfare. Therefore every ship and cargo burned
by the captors for the reason that they had no port testifies that they
are without that vital sovereignty on the ocean which is needed in the
exercise of belligerent jurisdiction, and that they are not _ocean_
belligerents _in fact_. Nay, more, all these bonfires of the sea cry
out against the power which by precipitate concession furnished the
torch. As well invest the rebel rajahs of India, who never tasted salt
water, with this ocean prerogative, so that they too may rob and burn;
as well constitute land-locked Poland, now in arms for independence,
an ocean belligerent,--or enroll mountain Switzerland in the same
class,--or join with Shakespeare in giving to inland Bohemia an outlook
upon the ocean.[151]
Public-domain text, read in full here on John Shaqi.
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