Charles Sumner: his complete works, volume 12 (of 20) — John Shaqi
Charles Sumner: his complete works, volume 12 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 12 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Of course, the general principle of International Law applicable to
such an incident is beyond question. It is found in the authoritative
words of the Dutch publicist, Bynkershoek, when he says, “Certainly
it is by no means lawful to attack or take an enemy in the port of
a neutral who is in amity with both parties.”[2] Chancellor Kent,
a great authority, enforces the same principle, when he says, “It
is not lawful to make neutral territory the scene of hostility, or
to attack an enemy while within it.”[3] General Halleck, in his
excellent work on International Law, says: “Hostilities cannot be
lawfully exercised within the territorial jurisdiction of the neutral
state which is the common friend of both parties.” And he follows
this compendious statement with the remark, that “the Government of
the United States has invariably claimed the absolute inviolability
of neutral territory.”[4] As early as 1793, our Government gave its
adhesion to this principle in a case where Great Britain and France
were the hostile parties. The British merchant-ship Grange was captured
in Delaware Bay by a French frigate, and brought into Philadelphia,
to which port she was bound. Mr. Jefferson, in a gossiping letter to
Mr. Monroe, under date of May 5, 1793, says: “Upon her coming into
sight, thousands and thousands of the yeomanry of the city crowded and
covered the wharves. Never before was such a crowd seen there; and when
the British colors were seen reversed, and the French flying above
them, they burst into peals of exultation.”[5] The British minister,
addressing himself at once to our Government, demanded restitution of
the captured vessel, then within our jurisdiction. The French minister
insisted that Delaware Bay was an open sea, so that the original
capture was lawful. _But the ship was restored._ Washington was at
the time President, and Jefferson Secretary of State. It is not known
that there was any appearance in the prize court with reference to the
Grange. It was settled by diplomacy, as will be seen by a formal letter
of the Secretary of State addressed to the French minister, where he
says: “I am charged by the President of the United States to express
to you his expectation, and at the same time his confidence, that you
will be pleased to take immediate and effectual measures for having
the ship Grange and her cargo restored to the British owners, and the
persons taken on board her set at liberty.”[6] The general principle
illustrated by this striking case has been maintained by our Government
ever since. If any reader is curious to see an elaborate vindication of
it, I refer him to a very animated article in the “Boston Gazette” for
1814, transferred to “Niles’s Register,”[7] where the inviolability of
neutral territory is upheld, especially against the open pretensions of
Great Britain.
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