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
The important words “any colony, district, or people” were introduced
to cover the precise case of the revolted Spanish colonies and
their precise condition at that moment, there being no question of
belligerence. Now the practical question is, whether these words,
introduced originally for a specific purpose, having an historic
character beyond question, can be extended so as to be applied to
insurgents who have not yet achieved a corporate existence,--who have
no provinces, no cities, no towns, no ports, no prize courts. Such is
the fact. I cannot supply the fact, if it does not exist; nor can the
Senator, with his eloquence and with his ardor enlisted in this cause.
We must seek the truth. The truth is found in the actual facts. Now do
those facts justify the concession which the Senator requires?
The Cuban insurgents, whatever the inspiration of their action, have
not reached the condition of belligerents. Such, I repeat, is the fact,
and we cannot alter the fact. Here we must rely upon the evidence,
which, according to all the information within my reach, is adverse.
They do not come within any of the prerequisites. They have no
provinces, no towns, no ports, no prize courts. Without these I am at a
loss to see how they can be treated as belligerents by foreign powers.
Before this great concession there must be assurance of their capacity
to administer justice. Above all, there must be a Prize Court. But
nobody pretends that there is any such thing.
MR. CARPENTER. Will the Senator now allow me to ask him one
question?
MR. SUMNER. Certainly.
MR. CARPENTER. My question is, if it be not the most favorable
opportunity to obtain the facts to libel those boats and get
proof on the question?
MR. SUMNER. The Senator will pardon me, if I say I do not think it is.
I think that the better way of ascertaining the facts is to send to
our authorized agents in Cuba,--we have consuls at every considerable
place,--and direct them to report on the facts. I understand such
reports have been received by the Department of State. They will be
communicated to the Senate. They are expected day by day, and they are
explicit, unless I have been misinformed, on this single point,--that,
whatever may be the inspiration of that insurrection, it has not yet
reached that condition of maturity, that corporate character, which in
point of fact makes it belligerent in character.
MR. HOWARD. I do not wish to interrupt the Senator, but I
should like to ask a question at this point.
MR. SUMNER. Certainly.
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