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
“No person, natural or corporate, can have an action for a
_public nuisance_, or punish it,--but only the king, in his
public capacity of supreme governor and _paterfamilias_ of the
kingdom. Yet this rule admits of one exception: where a private
person suffers some extraordinary damage beyond the rest of the
king’s subjects.”[90]
Applying this rule to the present case, the way is clear. Every British
pirate was _a public nuisance_, involving the British Government, which
must respond in damages, not only to the individuals who have suffered,
but also to the National Government, acting as _paterfamilias_ for the
common good of all the people.
Thus by an analogy of the Common Law in the case of a Public Nuisance,
also by the strict rule of the Roman Law, which enters so largely into
International Law, and even by the rule of the Common Law relating
to Damages, all losses, whether individual or national, are the just
subject of claim. It is not I who say this; it is the Law. The colossal
sum-total may be seen not only in the losses of individuals, but in
those national losses caused by the destruction of our commerce, the
prolongation of the war, and the expense of the blockade, all of which
may be charged directly to England:--
“illud ab uno
Corpore, et ex una pendebat origine bellum.”[91]
Three times is this liability fixed: first, by the concession of
ocean belligerency, opening to the Rebels ship-yards, foundries, and
manufactories, and giving to them a flag on the ocean; secondly, by
the organization of hostile expeditions, which, by admissions in
Parliament, were nothing less than piratical war on the United States
with England as the naval base; and, thirdly, by welcome, hospitality,
and supplies extended to these pirate ships in ports of the British
empire. Show either of these, and the liability of England is complete;
show the three, and this power is bound by a triple cord.
CONCLUSION.
Public-domain text, read in full here on John Shaqi.
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