Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
By that law, as I understand it, nations are not left to any mere
caprice. There is a rule of conduct which they must follow, subject
always to just accountability where they depart from it. On ordinary
occasions there is no question; for it is with nations as with
individuals. It is only where the rule is obscure or precedents are
uncertain that doubt arises, as with some persons now. Here I wish
to be explicit. Belligerence is a “fact,” attested by evidence. If
the “fact” does not exist, there is nothing to recognize. The fact
cannot be invented or imagined; it must be proved. No matter what our
sympathy, what the extent of our desires, we must look at the fact.
There may be insurrection without reaching this condition, which is
at least the half-way house to independence. The Hungarians, when
they rose against Austria, obtained no such recognition, although
they had large armies in the field, and Kossuth was their governor;
the Poles, in repeated insurrections against Russia, obtained no such
recognition, although the conflict made Europe vibrate; the Sepoys
and Rajahs of India failed also, although for a time the English
empire hung trembling; nor, in my opinion, were our slave-mad Rebels
ever entitled to such recognition,--for, whatever the strength of the
Rebellion on land, it remained, as in the case of Hungary, of Poland,
of India, without those Prize Courts which are absolutely essential
to recognition by foreign powers. _A cruiser without accountability
to Prize Courts is a lawless monster which civilized nations cannot
sanction._ Therefore the Prize Court is the condition-precedent; nor is
this all. If the Cuban insurgents have come within any of the familiar
requirements, I have never seen the evidence. They are in arms, I know.
But where are their cities, towns, provinces? where their government?
where their ports? where their tribunals of justice? and where their
Prize Courts? To put these questions is to answer them. How, then, is
the “fact” of belligerence?
There is another point in the case, which is with me final. Even
if they come within the prerequisites of International Law, I am
unwilling to make any recognition of them so long as they continue
to hold human beings as slaves, which I understand they now do. I am
told that there was a decree in May last, purporting to be signed
by Cespedes, abolishing slavery; then I am told of another decree in
July, maintaining slavery. There is also the story of a pro-slavery
constitution to be read at home, and an anti-slavery constitution to be
read abroad. Nor is there any evidence that any decree or constitution
has had any practical effect. In this uncertainty I shall wait,
even if all other things are propitious. In any event there must be
Emancipation.
Public-domain text, read in full here on John Shaqi.
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