THE CASE AGAINST ENGLAND.

Passing from the treaty, I come now to consider briefly, but with

proper precision, the true ground of complaint; and here again we

shall see the constant inadequacy of the remedy now applied. It is with

reluctance that I enter upon this statement, and I do it only in the

discharge of a duty which cannot be postponed.

Close upon the outbreak of our troubles, little more than one month

after the bombardment of Fort Sumter, when the Rebellion was still

undeveloped, when the National Government was beginning those gigantic

efforts which ended so triumphantly, the country was startled by the

news that the British Government had intervened by a Proclamation

which accorded belligerent rights to the Rebels. At the early date

when this was done, the Rebels were, as they remained to the close,

without ships on the ocean, without prize courts or other tribunal

for the administration of justice on the ocean, _without any of those

conditions which are the essential prerequisites to such a concession_;

and yet the concession was general, being applicable to the ocean and

the land, so that by British fiat they became ocean belligerents as

well as land belligerents. In the swiftness of this bestowal there was

very little consideration for a friendly power; nor does it appear that

there was any inquiry into those _conditions-precedent_ on which it

must depend. Ocean belligerency, being a “fact,” and not a “principle,”

can be recognized only on evidence showing its _actual existence_,

according to the rule first stated by Mr. Canning and afterward

recognized by Lord John Russell.[53] But no such evidence was adduced;

for it did not exist, and never has existed.

Too much stress cannot be laid upon the rule, that belligerency is

a “fact,” and not a “principle.” It is perhaps the most important

contribution to this discussion; and its original statement, on

the occasion of the Greek Revolution, does honor to its author,

unquestionably the brightest genius ever directed to this subject.

According to this rule, belligerency must be proved to exist; it must

be shown. It cannot be imagined, or divined, or invented; it must exist

as a “fact” within the knowledge of the world, or at least as a “fact”

susceptible of proof. Nor can it be inferred on the ocean merely from

its existence on the land. From the beginning, when “God called the dry

land Earth, and the gathering together of the waters called He Seas,”

the two have been separate, and power over one has not necessarily

implied power over the other. There is a dominion of the land, and a

dominion of the ocean. But, whatever power the Rebels possessed on the

land, they were always without power on the ocean. Admitting that they

were belligerents on the land, they were never belligerents on the

ocean.

“The oak leviathans, whose huge ribs make

Their clay creator the vain title take

Of lord of thee, _and arbiter of war_,”--

these they never possessed. Such was the “fact” that must govern

the present question. The rule, so simple, plain, and intelligible,

as stated by Mr. Canning, is a decisive touchstone of the British

concession, which, when brought to it, is found to be without support.

Unfriendly in the precipitancy with which it was launched, this

concession was more unfriendly in substance. It was the first stage in

the depredations on our commerce. Had it not been made, no Rebel ship

could have been built in England: every step in her building would

have been piracy. Nor could any munitions of war have been furnished:

not a blockade-runner, laden with supplies, could have left the English

shores, except under a kindred penalty. The direct consequence of this

concession was to place the Rebels on an equality with ourselves in

all British markets, whether of ships or munitions of war. As these

were open to the National Government, so they were open to the Rebels.

The asserted neutrality between the two began by this tremendous

concession, when the Rebels, at one stroke, were transformed not only

into belligerents, but into customers.

In attributing to that bad Proclamation this peculiar influence I

follow the authority of the Law Lords of England, who, according to

authentic report, announced that without it the fitting out of a ship

in England to cruise against the United States would have been an act

of piracy. This conclusion was clearly stated by Lord Chelmsford,

ex-Chancellor, speaking for himself and others, when he said: “If the

Southern Confederacy had not been recognized by us as _a belligerent

power_, he agreed with his noble and learned friend [Lord Brougham],

that any Englishman aiding them by fitting out a privateer against the

Federal Government _would be guilty of piracy_.”[54] This conclusion is

only according to analogies of law. It is criminal for British subjects

to forge bombs or hand-grenades to be employed in the assassination of

a foreign sovereign at peace with England, as when Bernard supplied

from England the missiles used by Orsini against the life of the

French Emperor,--all of which is illustrated by Lord Chief-Justice

Campbell, in his charge to the jury on the trial of Bernard, and also

by contemporaneous opinions of Lord Lyndhurst, Lord Brougham, Lord

Truro, and at an earlier day by Lord Ellenborough in a case of libel

on the First Consul. That excellent authority, Sir George Cornewall

Lewis, gives a summary drawn from all these opinions, when he says:

“The obligation incumbent upon a state of preventing her soil from

being used _as an arsenal_, in which the means of attack against a

foreign government may be collected and prepared for use, is wholly

independent of the form and character of that government.”[55] As every

government is constrained by this rule, so every government is entitled

to its safeguards. There can be no reason why the life of our Republic

should be less sacred than the life of an Emperor, or should enjoy less

protection from British law. That England became an “arsenal” for the

Rebels we know; but this could not have been, unless the Proclamation

had prepared the way.

The only justification that I have heard for this extraordinary

concession, which unleashed upon our country the Furies of War to

commingle with the Furies of Rebellion at home, is, that President

Lincoln undertook to proclaim a _blockade_ of the Rebel ports. By the

use of this word “blockade” the concession is vindicated. Had President

Lincoln proclaimed a _closing_ of the Rebel ports, there could have

been no such concession. This is a mere technicality; lawyers might

call it an _apex juris_; and yet on this sharp point England hangs

her defence. It is sufficient that in a great case like the present,

where the correlative duties of a friendly power are in question,

an act fraught with such portentous evil cannot be vindicated on a

technicality. In this debate there is no room for technicality on

either side. We must look at the substance, and find a reason in

nothing short of overruling necessity. War cannot be justified merely

on a technicality; nor can the concession of ocean belligerency to

rebels without a port or prize court. Such a concession, like war

itself, must be at the peril of the nation making it.

The British assumption, besides being offensive from mere technicality,

is inconsistent with the Proclamation of the President, taken as a

whole, which, while appointing a blockade, is careful to reserve

the rights of sovereignty, thus putting foreign powers on their

guard against any premature concession. After declaring an existing

insurrection in certain States, and the obstruction of the laws for

the collection of the revenue, as the motive for action, the President

invokes not only the Law of Nations, but “the laws of the United

States,” and, in further assertion of the national sovereignty,

declares Rebel cruisers to be pirates.[56] Clearly the Proclamation

must be taken as a whole, and its different provisions so interpreted

as to harmonize with each other. If they cannot stand together, then it

is the “blockade” which must be modified by the national sovereignty,

and not the national sovereignty by the blockade. Such should have

been the interpretation of a friendly power, especially when it is

considered that there are numerous precedents of what the great German

authority, Heffter, calls “Pacific Blockade,” or blockade without

concession of ocean belligerency,--as in the case of France, England,

and Russia against Turkey, 1827; France against Mexico, 1837-39;

France and Great Britain against the Argentine Republic, 1838-48;

Russia against the Circassians, 1831-36, illustrated by the seizure of

the Vixen, so famous in diplomatic history.[57] Cases like these led

Heffter to lay down the rule, that “_blockade_” does not necessarily

constitute _a state of regular war_,[58] as was assumed by the British

Proclamation, even in the face of positive words by President Lincoln

asserting the national sovereignty and appealing to “the laws of the

United States.” The existence of such cases was like a notice to the

British Government against the concession so rashly made. It was an

all-sufficient warning, which this power disregarded.

So far as is now known, the whole case for England is made to stand

on the use of the word “Blockade” by President Lincoln. Had he used

any other word, the concession of belligerency would have been without

justification, even such as is now imagined. It was this word which,

with magical might, opened the gates to all those bountiful supplies by

which hostile expeditions were equipped against the United States: it

opened the gates of war. Most appalling is it to think that one little

word, unconsciously used by a trusting President, could be caught up by

a friendly power and made to play such a part.

I may add that there is one other word often invoked for apology.

It is “Neutrality,” which, it is said, was proclaimed between two

belligerents. Nothing could be fairer, always provided that the

“neutrality” proclaimed did not begin with a concession to one party

without which this party would be powerless. Between two established

Nations, both independent, as between Russia and France, there may

be neutrality; for the two are already equal in rights, and the

proclamation would be precisely equal in its operation. But where one

party is an established Nation, and the other is nothing but an odious

combination of Rebels, the proclamation is most unequal in operation;

for it begins by a solemn investiture of Rebels with all the rights of

war, saying to them, as was once said to the youthful knight, “Rise;

here is a sword; use it.” To call such an investiture a proclamation

of neutrality is a misnomer. It was a proclamation of equality between

the National Government on the one side and Rebels on the other, and no

plausible word can obscure this distinctive character.

Then came the building of the pirate ships, one after another. While

the Alabama was still in the ship-yard, it became apparent that she

was intended for the Rebels. Our Minister at London and our Consul at

Liverpool exerted themselves for her arrest and detention. They were

put off from day to day. On the 24th July, 1862, Mr. Adams “completed

his evidence,” accompanied by an opinion from the eminent barrister,

Mr. Collier, afterward Solicitor-General, declaring the plain duty of

the British Government to stop her.[59] Instead of acting promptly by

the telegraph, five days were allowed to run out, when at last, too

tardily, the necessary order was dispatched. Meanwhile the pirate ship

escaped from the port of Liverpool by a stratagem, and her voyage

began with music and frolic. Here, beyond all question, was negligence,

or, according to the language of Lord Brougham on another occasion,

“crass negligence,” making England justly responsible for all that

ensued.

The pirate ship found refuge in an obscure harbor of Wales, known as

Moelfra Bay, where she lay in British waters _from half-past seven

o’clock, P. M., July 29th, to about three o’clock, A. M., July 31st_,

being upward of thirty-one hours, and during this time she was supplied

with men from the British steam-tug Hercules, which followed her from

Liverpool. These thirty-one hours were allowed to elapse without any

attempt to stop her. Here was another stage of “crass negligence.”

Thus was there negligence in allowing the building to proceed,

negligence in allowing the escape from Liverpool, and negligence in

allowing the final escape from the British coast.

Lord Russell, while trying to vindicate his Government, and repelling

the complaints of the United States, more than once admitted that the

escape of the Alabama was “a scandal and a reproach,”[60] which to

my mind is very like a confession. Language could not be stronger.

Surely such an act cannot be blameless. If damages are ever awarded to

a friendly power for injuries received, it is difficult to see where

they could be more strenuously claimed than in a case which the First

Minister of the offending power did not hesitate to characterize so

strongly.

The enlistment of the crew was not less obnoxious to censure than the

building of the ship and her escape. It was a part of the transaction.

The evidence is explicit. Not to occupy too much time, I refer only

to the deposition of William Passmore, who swears that he was engaged

with the express understanding that “the vessel was going out to the

Government of the Confederate States of America,” “to fight for the

Southern Government”; that he joined her at Laird’s yard at Birkenhead,

near Liverpool, remaining there several weeks; that there were about

thirty men on board, most of them old man-of-war’s men, among whom

it was “well known that the vessel was going out as a privateer for

the Confederate Government, to act against the United States, under

a commission from Mr. Jefferson Davis.”[61] In a list of the crew,

now before me, there is a large number said to be from the “Royal

Naval Reserve.”[62] I might add to this testimony. The more the case

is examined, the more clearly do we discern the character of the

transaction.

The dedication of the ship to the Rebel service, from the very laying

of the keel and the organization of her voyage, with England as her

_naval base_, from which she drew munitions of war and men, made her

departure as much _a hostile expedition_ as if she had sailed forth

from her Majesty’s dock-yard. At a moment of profound peace between the

United States and England there was a hostile expedition against the

United States. It was in no just sense a commercial transaction, but an

act of war.

The case is not yet complete. The Alabama, whose building was in

defiance of law, international and municipal, whose escape was “a

scandal and a reproach,” and whose enlistment of her crew was a fit

sequel to the rest, after being supplied with an armament and with a

Rebel commander, entered upon her career of piracy. Mark now a new

stage of complicity. Constantly the pirate ship was within reach of

British cruisers, and from time to time within the shelter of British

ports. For five days, unmolested, she enjoyed the pleasant hospitality

of Kingston, in Jamaica, obtaining freely the coal and other supplies

so necessary to her vocation. But no British cruiser, no British

magistrate ever arrested the offending ship, whose voyage was a

continuing “scandal and reproach” to the British Government.

The excuse for this strange license is a curious technicality,--as if a

technicality could avail in this case at any stage. Borrowing a phrase

from that master of admiralty jurisprudence, Sir William Scott, it is

said that the ship “deposited” her original sin at the conclusion of

her voyage, so that afterward she was blameless. But the Alabama never

concluded her voyage until she sank under the guns of the Kearsarge,

because she never had a port of her own. She was no better than the

Flying Dutchman, and so long as she sailed was liable for that original

sin, which had impregnated every plank with an indelible dye. No

British cruiser could allow her to proceed, no British port could give

her shelter, without renewing the complicity of England.

The Alabama case begins with a fatal concession, by which the Rebels

were enabled to build ships in England, and then to sail them, without

being liable as pirates; it next shows itself in the building of the

ship, in the armament, and in the escape, with so much of negligence

on the part of the British Government as to constitute sufferance, if

not connivance; and then, again, the case reappears in the welcome

and hospitality accorded by British cruisers and by the magistrates

of British ports to the pirate ship, when her evasion from British

jurisdiction was well known. Thus at three different stages the

British Government is compromised: first, in the concession of ocean

belligerency, on which all depended; secondly, in the negligence which

allowed the evasion of the ship, in order to enter upon the hostile

expedition for which she was built, manned, armed, and equipped;

and, thirdly, in the open complicity which, after this evasion, gave

her welcome, hospitality, and supplies in British ports. Thus her

depredations and burnings, making the ocean blaze, all proceeded from

England, which by three different acts lighted the torch. To England

must be traced, also, all the wide-spread consequences which ensued.

I take the case of the Alabama because it is the best known, and

because the building, equipment, and escape of this ship were under

circumstances most obnoxious to judgment; but it will not be forgotten

that there were consort ships, built under the shelter of that fatal

Proclamation, issued in such an eclipse of just principles, and, like

the ships it unloosed, “rigged with curses dark.” One after another,

ships were built; one after another, they escaped on their errand;

and, one after another, they enjoyed the immunities of British ports.

Audacity reached its height when iron-clad rams were built, and the

perversity of the British Government became still more conspicuous by

its long refusal to arrest these destructive engines of war, destined

to be employed against the United States. This protracted hesitation,

where the consequences were so menacing, is a part of the case.

It is plain that the ships which were built under the safeguard of this

ill-omened Proclamation, which stole forth from the British shores

and afterward enjoyed the immunities of British ports, were not only

British in origin, but British in equipment, British in armament, and

British in crews. They were British in every respect, except in their

commanders, who were Rebel; and one of these, as his ship was sinking,

owed his safety to a British yacht, symbolizing the omnipresent support

of England. British sympathies were active in their behalf. The cheers

of a British passenger-ship crossing the path of the Alabama encouraged

the work of piracy; and the cheers of the House of Commons encouraged

the builder of the Alabama, while he defended what he had done, and

exclaimed, in taunt to him who is now an illustrious member of the

British Cabinet, John Bright, that he “would rather be handed down

to posterity as the builder of a dozen Alabamas” than be the author

of the speeches of that gentleman “crying up” the institutions of

the United States, which the builder of the Alabama, rising with his

theme, denounced as “of no value whatever,” and as “reducing the very

name of Liberty to an utter absurdity,”[63] while the cheers of the

House of Commons echoed back his words. Thus from beginning to end,

from the fatal Proclamation to the rejoicing of the accidental ship

and the rejoicing of the House of Commons, was this hostile expedition

protected and encouraged by England. The same spirit which dictated

the swift concession of belligerency, with all its deadly incidents,

ruled the hour, entering into and possessing every pirate ship.

There are two circumstances by which the whole case is aggravated. One

is found in the date of the Proclamation which lifted the Rebels to an

equality with the National Government, opening to them everything that

was open to us, whether ship-yards, foundries, or manufactories, and

giving to them a flag on the ocean coëqual with the flag of the Union.

This extraordinary manifesto was signed on the very day of the arrival

of our Minister in England,--so that, when, after an ocean voyage, he

reached the British Government, to which he was accredited, he found

this great and terrible indignity to his country already perpetrated,

and the floodgates opened to infinite woes. The Minister had been

announced; he was daily expected; the British Government knew of his

coming;--but in hottest haste they did this thing.

The other aggravation is found in its flagrant, unnatural departure

from that Antislavery rule which, by manifold declarations,

legislative, political, and diplomatic, was the avowed creed of

England. Often was this rule proclaimed, but, if we except the great

Act of Emancipation, never more pointedly than in the famous circular

of Lord Palmerston, while Minister of Foreign Affairs, announcing

to all nations that England was pledged to the Universal Abolition

of Slavery.[64] And now, when Slaveholders, in the very madness of

barbarism, broke away from the National Government and attempted

to found a new empire with Slavery as its declared corner-stone,

Antislavery England, without a day’s delay, without even waiting the

arrival of our Minister at the seat of Government, although known to

be on his way, made haste to decree that this shameful and impossible

pretension should enjoy equal rights with the National Government in

her ship-yards, foundries, and manufactories, and equal rights on the

ocean. Such was the decree. Rebel Slaveholders, occupied in a hideous

attempt, were taken by the hand, and thus, with the official protection

and the God-speed of Antislavery England, commenced their accursed work.

I close this part of the argument with the testimony of Mr. Bright,

who, in a speech at Rochdale, among his neighbors, February 3, 1863,

thus exhibits the criminal complicity of England:--

“I regret, more than I have words to express, this painful

fact, that, of all the countries in Europe, this country is the

only one which has men in it who are willing to take active

steps in favor of this intended Slave Government. We supply the

ships; we supply the arms, the munitions of war; _we give aid

and comfort to this foulest of all crimes. Englishmen only do

it._”[65]

In further illustration, and in support of Mr. Bright’s allegation,

I refer again to the multitudinous blockade-runners from England.

Without the manifesto of belligerency they could not have sailed. All

this stealthy fleet, charged with hostility to the United States, was

a part of the great offence. The blockade-runners were kindred to the

pirate ships. They were of the same bad family, having their origin and

home in England. From the beginning they went forth with their cargoes

of death;--for the supplies which they furnished contributed to the

work of death. When, after a long and painful siege, our conquering

troops entered Vicksburg, they found Armstrong guns from England in

position;[66] and so on every field where our patriot fellow-citizens

breathed a last breath were English arms and munitions of war, all

testifying against England. The dead spoke, also,--and the wounded

still speak.

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