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 only justification that I have heard for this extraordinary
concession, which unleashed upon our country the Furies of War to
commingle with the Furies of Rebellion at home, is, that President
Lincoln undertook to proclaim a _blockade_ of the Rebel ports. By the
use of this word “blockade” the concession is vindicated. Had President
Lincoln proclaimed a _closing_ of the Rebel ports, there could have
been no such concession. This is a mere technicality; lawyers might
call it an _apex juris_; and yet on this sharp point England hangs
her defence. It is sufficient that in a great case like the present,
where the correlative duties of a friendly power are in question,
an act fraught with such portentous evil cannot be vindicated on a
technicality. In this debate there is no room for technicality on
either side. We must look at the substance, and find a reason in
nothing short of overruling necessity. War cannot be justified merely
on a technicality; nor can the concession of ocean belligerency to
rebels without a port or prize court. Such a concession, like war
itself, must be at the peril of the nation making it.
The British assumption, besides being offensive from mere technicality,
is inconsistent with the Proclamation of the President, taken as a
whole, which, while appointing a blockade, is careful to reserve
the rights of sovereignty, thus putting foreign powers on their
guard against any premature concession. After declaring an existing
insurrection in certain States, and the obstruction of the laws for
the collection of the revenue, as the motive for action, the President
invokes not only the Law of Nations, but “the laws of the United
States,” and, in further assertion of the national sovereignty,
declares Rebel cruisers to be pirates.[56] Clearly the Proclamation
must be taken as a whole, and its different provisions so interpreted
as to harmonize with each other. If they cannot stand together, then it
is the “blockade” which must be modified by the national sovereignty,
and not the national sovereignty by the blockade. Such should have
been the interpretation of a friendly power, especially when it is
considered that there are numerous precedents of what the great German
authority, Heffter, calls “Pacific Blockade,” or blockade without
concession of ocean belligerency,--as in the case of France, England,
and Russia against Turkey, 1827; France against Mexico, 1837-39;
France and Great Britain against the Argentine Republic, 1838-48;
Russia against the Circassians, 1831-36, illustrated by the seizure of
the Vixen, so famous in diplomatic history.[57] Cases like these led
Heffter to lay down the rule, that “_blockade_” does not necessarily
constitute _a state of regular war_,[58] as was assumed by the British
Proclamation, even in the face of positive words by President Lincoln
asserting the national sovereignty and appealing to “the laws of the
United States.” The existence of such cases was like a notice to the
Public-domain text, read in full here on John Shaqi.
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