Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The terms of the “guaranty” are general, and it was “forever.” Even if
limited to _defensive_ war, it would be difficult to say that France
was not engaged in such a war, with the added incident that it was
a war by a combination of kings to overcome a republic. France was
alone, with the royalties of Europe embattled against her. Only after
the execution of the King England joined this array, lending to it
invincible navies. But, according to official avowals, it was what King
George called “the atrocious act recently perpetrated at Paris”[150]
that finally prompted the part she undertook, and her real object, in
the language of Mr. Fox, was no other than “the destruction of the
internal Government of France.”[151] The case was unprecedented; but
it is difficult to say that it did not come under the “guaranty.” The
_casus fœderis_ had occurred. If France did not exact performance,
that is no reason why our obligations should be disowned, when, at the
present moment, we are trying to arrive at some appreciation of their
extent. A careful examination of the treaty shows that the “guaranty”
became primarily obligatory on the occurrence of _a rupture between
France and England_. Nothing is said or suggested as to the character
of the war, whether offensive or defensive. It is enough that there
was “a rupture.” In such a case, the “guaranty,” according to the
illustration of Cicero, was, _tanquam gladius in vagina_, at the
disposal of France. Our Secretary of State, even while seeking to limit
its application, seems to have seen it prospectively in this light,
when, in his instructions of July 15, 1797, to our plenipotentiaries,
Messrs. Pinckney, Marshall, and Gerry, he said, “Our guaranty of the
possessions of France in America will perpetually expose us to the
risk and expense of war, or to disputes and questions concerning our
national faith.”[152]
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