North America - Volume 2 By Anthony Trollope 




















































































































































 -   The men,
however, were to be surrendered, and the good policy consisted in
this, that no delay was sought, no - Page 15
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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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