Speeches on Questions of Public Policy, Volume 1Bright, John
History
Speeches on Questions of Public Policy, Volume 1
Bright, John
Great Britain -- Politics and government -- 1837-1901
But there has occurred an event which was announced to us only a week
ago, which is one of great importance, and it may be one of some peril.
It is asserted that what is called 'international law' has been broken
by the seizure of the Southern Commissioners on board an English trading
steamer by a steamer of war of the United States. Now, what is
international law? You have heard that the opinions of the law officers
of the Crown are in favour of this view of the case--that the law has
been broken. I am not at all going to say that it has not. It would be
imprudent in me to set my opinion on a legal question which I have only
partially examined, against their opinion on the same question, which I
presume they have carefully examined. But this I say, that international
law is not to be found in an Act of Parliament--it is not in so many
clauses. You know that it is difficult to find the law. I can ask the
Mayor, or any magistrate around me, whether it is not very difficult to
find the law, even when you have found the Act of Parliament, and found
the clause. But when you have no Act of Parliament, and no clause, you
may imagine that the case is still more difficult.
Now, maritime law, or international law, consists of opinions and
precedents for the most part, and it is very unsettled. The opinions are
the opinions of men of different countries, given at different times;
and the precedents are not always like each other. The law is very
unsettled, and, for the most part, I believe it to be exceedingly bad.
In past times, as you know from the histories you read, this country has
been a fighting country; we have been belligerents, and, as
belligerents, we have carried maritime law, by our own powerful hand, to
a pitch that has been very oppressive to foreign, and especially so to
neutral nations. Well, now, for the first time, unhappily,--almost for
the first time in our history for the last two hundred years,--we are
not belligerents, but neutrals; and we are disposed to take, perhaps,
rather a different view of maritime and international law.
Now, the act which has been committed by the American steamer, in my
opinion, whether it was legal or not, was both impolitic and bad. That
is my opinion. I think it may turn out, almost certainly, that, so far
as the taking of those men from that ship was concerned, it was an act
wholly unknown to, and unauthorized by, the American Government. And if
the American Government believe, on the opinion of their law officers,
that the act is illegal, I have no doubt they will make fitting
reparation; for there is no Government in the world that has so
strenuously insisted upon modifications of international law, and been
so anxious to be guided always by the most moderate and merciful
interpretation of that law.
Public-domain text, read in full here on John Shaqi.
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