That I Take It Is
The Meaning Of "Habeas Corpus," And It Is Easy To See That The
Suspension Of That Privilege Destroys All Freedom, And Places The
Liberty Of Every Individual At The Mercy Of Him Who Has The Power
To Suspend It.
Nothing can be worse than this:
And such
suspension, if extended over any long period of years, will
certainly make a nation weak, mean spirited, and poor. But in a
period of civil war, or even of a widely-extended civil commotion,
things cannot work in their accustomed grooves. A lady does not
willingly get out of her bedroom-window with nothing on but her
nightgown; but when her house is on fire she is very thankful for
an opportunity of doing so. It is not long since the "habeas
corpus" was suspended in parts of Ireland, and absurd arrests were
made almost daily when that suspension first took effect. It was
grievous that there should be necessity for such a step; and it is
very grievous now that such necessity should be felt in the
Northern States. But I do not think that it becomes Englishmen to
bear hardly upon Americans generally for what has been done in that
matter. Mr. Seward, in an official letter to the British Minister
at Washington - which letter, through official dishonesty, found its
way to the press - claimed for the President the right of suspending
the "habeas corpus" in the States whenever it might seem good to
him to do so. If this be in accordance with the law of the land,
which I think must be doubted, the law of the land is not favorable
to freedom. For myself, I conceive that Mr. Lincoln and Mr. Seward
have been wrong in their law, and that no such right is given to
the President by the Constitution of the United States. This I
will attempt to prove in some subsequent chapter. But I think it
must be felt by all who have given any thought to the Constitution
of the States, that let what may be the letter of the law, the
Presidents of the United States have had no such power. It is
because the States have been no longer united, that Mr. Lincoln has
had the power, whether it be given to him by the law or no.
And then as to the debt; it seems to me very singular that we in
England should suppose that a great commercial people would be
ruined by a national debt. As regards ourselves, I have always
looked on our national debt as the ballast in our ship. We have a
great deal of ballast, but then the ship is very big. The States
also are taking in ballast at a rather rapid rate; and we too took
it in quickly when we were about it. But I cannot understand why
their ship should not carry, without shipwreck, that which our ship
has carried without damage, and, as I believe, with positive
advantage to its sailing. The ballast, if carried honestly, will
not, I think, bring the vessel to grief. The fear is lest the
ballast should be thrown overboard.
So much I have said wishing to plead the cause of the Northern
States before the bar of English opinion, and thinking that there
is ground for a plea in their favor. But yet I cannot say that
their bitterness against Englishmen has been justified, or that
their tone toward England has been dignified. Their complaint is
that they have received no sympathy from England; but it seems to
me that a great nation should not require an expression of sympathy
during its struggle. Sympathy is for the weak rather than for the
strong. When I hear two powerful men contending together in
argument, I do not sympathize with him who has the best of it; but
I watch the precision of his logic and acknowledge the effects of
his rhetoric. There has been a whining weakness in the complaints
made by Americans against England, which has done more to lower
them as a people in my judgment than any other part of their
conduct during the present crisis. When we were at war with
Russia, the feeling of the States was strongly against us. All
their wishes were with our enemies. When the Indian mutiny was at
its worst, the feeling of France was equally adverse to us. The
joy expressed by the French newspapers was almost ecstatic. But I
do not think that on either occasion we bemoaned ourselves sadly on
the want of sympathy shown by our friends. On each occasion we
took the opinion expressed for what it was worth, and managed to
live it down. We listened to what was said, and let it pass by.
When in each case we had been successful, there was an end of our
friends' croakings.
But in the Northern States of America the bitterness against
England has amounted almost to a passion. The players - those
chroniclers of the time - have had no hits so sure as those which
have been aimed at Englishmen as cowards, fools, and liars. No
paper has dared to say that England has been true in her American
policy. The name of an Englishman has been made a by-word for
reproach. In private intercourse private amenities have remained.
I, at any rate, may boast that such has been the case as regards
myself. But, even in private life, I have been unable to keep down
the feeling that I have always been walking over smothered ashes.
It may be that, when the civil war in America is over, all this
will pass by, and there will be nothing left of international
bitterness but its memory. It is sincerely to be hoped that this
may be so - that even the memory of the existing feeling may fade
away and become unreal. I for one cannot think that two nations
situated as are the States and England should permanently quarrel
and avoid each other.
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