Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I have no disposition now to discuss the great question involved in
the speech of the Senator from Wisconsin; but the Senator will pardon
me, if I venture to suggest that he has misapprehended the meaning of
the statute on which he relies. Certainly he has misapprehended it or
I have. He has misapprehended it or the Administration has. I do not
conceive that the question which he has presented can arise under the
statute. The language on which he relies is as follows:--
“If any person shall within the limits of the United States
fit out and arm, or attempt to fit out and arm, or procure to
be fitted out and armed, or shall knowingly be concerned in
the furnishing, fitting out, or arming of any ship or vessel,
with intent that such ship or vessel shall be employed in the
service of any foreign prince or state, or of any colony,
district, or people, to cruise or commit hostilities against
the subjects, citizens, or property of any foreign prince or
state, or of any colony, district, or people, with whom the
United States are at peace,” &c.[188]
The operative words on which the Senator relies being “any colony,
district, or people,” I understand the Senator to insist that under
these words Spain cannot purchase ships in the United States to cruise
against her Cuban subjects now in revolt. That is the position of the
Senator. He states it frankly. To that I specifically reply, that the
language of the statute is entirely inapplicable. Those words, if the
Senator will consult their history, were introduced for a specific
purpose. It was to meet the case of the revolted Spanish colonies
already for eight years in arms against the parent Government, having
ships in every sea, largely possessing the territories on the Spanish
main, and with independence nearly achieved.
There was no question of belligerence. It was admitted by all the
civilized world. Nation after nation practically recognized it. Our
Government, our courts, every department of the Government, recognized
the belligerence of those Spanish colonies. Their independence
was recognized more tardily, after ample discussion in these two
Chambers as late as 1820; but their belligerence was a fact perfectly
established and recognized by every branch of the Government. To meet
their case, and for no other object, as I understand it, Mr. Miller, a
Representative of South Carolina, on the 30th day of December, 1817,
introduced the following resolution:--
“_Resolved_, That a committee be appointed to inquire into the
expediency of so amending the fourth section of the Act passed
on the 3d of March, 1817, entitled ‘An Act more effectually to
preserve the neutral relations of the United States,’ as to
embrace within the provisions thereof the armed vessels of a
Government at peace with the United States and at war with any
colony, district, or people with whom the United States are or
may be at peace.”[189]
Public-domain text, read in full here on John Shaqi.
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