The Men,
However, Were To Be Surrendered, And The Good Policy Consisted In
This, That No Delay Was Sought, No Diplomatic Ambiguities Were Put
Into Request.
It was the opinion of very many that some two or
three months might be gained by correspondence, and that at the end
of that time things might stand on a different footing.
If during
that time the North should gain any great success over the South,
the States might be in a position to disregard England's threats.
No such game was played. The illegality of the arrest was at once
acknowledged, and the men were given up with a tranquillity that
certainly appeared marvelous after all that had so lately occurred.
Then came Mr. Sumner's field day. Mr. Charles Sumner is a Senator
from Massachusetts, known as a very hot abolitionist, and as having
been the victim of an attack made upon him in the Senate House by
Senator Brooks. He was also, at the time of which I am writing,
Chairman of the Committee on Foreign Affairs, which position is as
near akin to that of a British minister in Parliament as can be
attained under the existing Constitution of the States. It is not
similar, because such chairman is by no means bound to the
government; but he has ministerial relations, and is supposed to be
specially conversant with all questions relating to foreign affairs.
It was understood that Mr. Sumner did not intend to find fault
either with England or with the government of his own country as to
its management of this matter; or that, at least, such fault-finding
was not his special object, but that he was desirous to put forth
views which might lead to a final settlement of all difficulties
with reference to the right of international search.
On such an occasion, a speaker gives himself very little chance of
making a favorable impression on his immediate hearers if he reads
his speech from a written manuscript. Mr. Sumner did so on this
occasion, and I must confess that I was not edified. It seemed to
me that he merely repeated, at greater length, the arguments which I
had heard fifty times during the last thirty or forty days. I am
told that the discourse is considered to be logical, and that it
"reads" well. As regards the gist of it, or that result which Mr.
Sumner thinks to be desirable, I fully agree with him, as I think
will all the civilized world before many years have passed. If
international law be what the lawyers say it is, international law
must be altered to suit the requirements of modern civilization. By
those laws, as they are construed, everything is to be done for two
nations at war with each other; but nothing is to be done for all
the nations of the world that can manage to maintain the peace. The
belligerents are to be treated with every delicacy, as we treat our
heinous criminals; but the poor neutrals are to be handled with
unjust rigor, as we handle our unfortunate witnesses in order that
the murderer may, if possible, be allowed to escape. Two men living
in the same street choose to pelt each other across the way with
brickbats, and the other inhabitants are denied the privileges of
the footpath lest they should interfere with the due prosecution of
the quarrel! It is, I suppose, the truth that we English have
insisted on this right of search with more pertinacity than any
other nation. Now in this case of Slidell and Mason we have felt
ourselves aggrieved, and have resisted. Luckily for us there was no
doubt of the illegality of the mode of seizure in this instance; but
who will say that if Captain Wilkes had taken the "Trent" into the
harbor of New York, in order that the matter might have been
adjudged there, England would have been satisfied? Our grievance
was, that our mail-packet was stopped on the seas while doing its
ordinary beneficent work. And our resolve is, that our mail-packets
shall not be so stopped wit impunity. As we were high handed in old
days in insisting on this right of search, it certainly behoves us
to see that we be just in our modes of proceeding. Would Captain
Wilkes have been right, according to the existing law, if he had
carried the "Trent" away to New York? If so, we ought not to be
content with having escaped from such a trouble merely through a
mistake on his part. Lord Russell says that the voyage was an
innocent voyage. That is the fact that should be established; not
only that the voyage was, in truth, innocent, but that it should not
be made out to be guilty by any international law. Of its real
innocency all thinking men must feel themselves assured. But it is
not only of the seizure that we complain, but of the search also.
An honest man is not to be bandied by a policeman while on his daily
work, lest by chance a stolen watch should be in his pocket. If
international law did give such power to all belligerents,
international law must give it no longer. In the beginning of these
matters, as I take it, the object was when two powerful nations were
at war to allow the smaller fry of nations to enjoy peace and quiet,
and to avoid, if possible, the general scuffle. Thence arose the
position of a neutral. But it was clearly not fair that any such
nation, having proclaimed its neutrality, should, after that, fetch
and carry for either of the combatants to the prejudice of the
other. Hence came the right of search, in order that unjust
falsehood might be prevented. But the seas were not then bridged
with ships as they are now bridged, and the laws as written were,
perhaps, then practical and capable of execution. Now they are
impracticable and not capable of execution.
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