MR. PRESIDENT,--The question is now presented precisely, whether the
Senate will confine this bill in operation to the war in which we are
actually engaged for the suppression of the Rebellion, or make it
prospective in character, applicable to some war in the unknown future,
to some country not named, to some exigency not now understood, and
therefore, in its nature, a notice or warning, if not a menace, to all
countries.
This is the precise question: Shall the bill be confined to our own
time, to this day, to this hour, to something we can see, to what is
actually before us; or shall it be extended also to the future, to
something we cannot see, to what is not actually before us, and with
regard to which we can have no knowledge, unless we listen to our fears?
If the words are introduced as a menace, then are they out of place and
irrational. Suppose any such words in the legislation of Great Britain
or France at a moment when they might be interpreted as applicable to
us, who can doubt their injurious effect upon public opinion here? A
brave and intelligent people will not bend before menace, nor can any
such attempt affect a well-considered national policy. All history
and reason show that such conduct is more irritating than soothing.
Sir, if you are in earnest, as I cannot doubt, to cultivate those
relations of peace and good-will with foreign nations which are in
themselves a cheap defence, you must avoid all legislation which can be
misinterpreted, especially everything which looks like menace.
I cannot pretend to foresee the future. I know not that other wars
may not be in store for us, that we may not be called to confront
other powers, in alliance, perhaps, with our Rebels, and to make still
greater efforts. All this may come; but I pray not. If it does come,
then let us meet its duties and responsibilities like Senators; but do
not rush forward recklessly, like the bully with his bludgeon, ready to
strike wherever there is a head. I do not believe in such legislation;
nor do I believe in any legislation providing new facilities for a
war, or tending to produce irritation and distrust. Prepared always
for the future, I would not challenge it. Preparation and provocation
are widely different. Nor would I do anything out of season. There was
characteristic wisdom in the remark of the venerable Chief Justice of
England, Sir Matthew Hale, when he said that “we must not jump before
we get to the stile.” It seems to me that Senators who are pressing
this bill forget this time-honored injunction, and try to make their
country take a jump prematurely.
…
You have just listened to the Senator from California [Mr. MCDOUGALL],
announcing that perhaps before the next meeting of Congress there
may be foreign war; and you have not forgotten his elaborate speech
only the other day, when he openly challenged war with France. I ask
Senators, if, at this critical moment, they are ready to follow him in
his effort to carry us in that direction. For myself, I protest against
it. I am heart and soul for putting down this Rebellion without playing
into the hands of Rebels. Now it must be plain to all that every word
calculated to draw or drive any foreign government into alliance
with the Rebellion does play into the hands of Rebels. Senators may
be willing to distract the attention of the country from our single
object, to impair the national force, and help surrender all to the
uncertainties and horrors of accumulating war. Let me not enter into
their counsels. It is not my habit to shrink from responsibility;
personal risks I accept willingly; but I confess anxiety that my
country should not rush abroad in quest of new dangers, whose only
effect will be to increase the national calamities.
The amendment of Mr. Sumner was lost,--Yeas 13, Nays 22.
Mr. Sumner then moved to strike out the words authorizing the
President to “make all needful rules and regulations,” and to
insert--
“The provisions of the Act of Congress, approved on
the 26th day of June, 1812, entitled ‘An Act concerning
letters of marque, prizes, and prize goods,’ and of the Act
of Congress, approved on the 27th day of January, 1813,
entitled ‘An Act in addition to the Act concerning letters
of marque, prizes, and prize goods,’ are hereby revived,
and shall be in force in relation to all that part of the
United States where the inhabitants have been declared in a
state of insurrection, and the vessels and property to them
belonging.”
Mr. Sumner explained the amendment.
It will be observed, that, by the amendment already adopted, the
President alone, without the coöperation of Congress, is empowered
to make what are called all needful rules and regulations for the
government and conduct of these privateers, and for the adjudication
and disposal of prizes and salvages made by them. But formerly it was
not so ordered. No such large power was ever before vested in the
President. By the statute of June 26, 1812, a system was provided, in
seventeen sections, for the government of letters of marque, prizes,
and prize goods. These sections relate to the formalities required
from persons applying for letters of marque, the bonds to be given,
and the sureties, how the captured property shall be forfeited, the
distribution of the prize money, the distribution of salvage, how the
prize shall be brought in for adjudication, regulations concerning
prisoners found on board of prize vessels, instructions for the
privateers, bounty for destroying the enemy’s vessels, instructions to
the commanding officers of privateers to keep journals, how owners of
privateers are punishable for violating the revenue laws of the United
States, how offences on board private armed vessels are punishable;
also the commissions of collectors and consuls upon prize goods, and
the uses to which they shall be applied. Here is a statute, in itself a
code, containing provisions exclusively applicable to these important
matters, all determined by Congress in advance; but it is now proposed
that Congress shall abdicate, leaving to the President alone this large
power.
I call attention to one matter in the statute, namely, “How offences
on board private armed vessels shall be punished.” It is enacted,
“that all offences committed by any officer or seaman on board any
such vessel having letters of marque and reprisal, during the present
hostilities against Great Britain, shall be tried and punished in such
manner as the like offences are or may be tried and punished, when
committed by any person belonging to the public ships of war of the
United States.”[147]
I would ask if it is in the power of the President merely by regulation
to determine how offences on board private armed vessels shall be
tried and punished? I take it that Congress must deal directly with
this question. I am sure that it is unwise for Congress to renounce
a duty belonging to it obviously under the Constitution, and which
in former times it exercised. Senators sometimes complain that great
powers are assumed by the President; but, unless I misread this bill,
they are about to confer on him powers large, indeed, beyond precedent.
There is, in the first place, the power to declare whether, in case
of war with a foreign nation, letters of marque shall be issued,--a
high prerogative, in times past reserved exclusively to Congress. But,
not content with this, they would confer upon him plenary powers, as
legislator, with regard to everything to be done by the letter of
marque, and with regard, also, to its possible prizes. As once the
French monarch exclaimed, “The State, it is I!”--so, when we have
conferred these powers, one after another, on the President, I think he
may make a similar exclamation.
This amendment was also lost.
Mr. Sumner then moved the following substitute for the pending
bill:--
“That the Secretary of the Navy be authorized to hire any
vessels needed for the national service, and, if he see
fit, to put them in charge of officers commissioned by
the United States, and to give them in every respect the
character of national ships.”
The proposition on which a vote is now asked has all that is good in
the pending measure, without any of the unquestionable disadvantages. I
am unwilling to trespass upon the Senate, and would hope that I am not
too earnest; but the question, to my mind, is of no common character.
The Senator who presses this measure seeks to employ private enterprise
in all wars, domestic or foreign: I show him how it can be done.
He seeks to enlist the private marine of the country in the public
service: I show him how it can be done. He seeks to contribute at this
moment to the national force: I show him how it can be done. Say not
that I am against the employment of private enterprise. Nor say that
I would allow our private marine to rot at the wharf. Nor say that
I would begrudge anything needed by the national force. To this end
the Senate cannot go further than I. All that the Senator would do I
would do, but in a way to avoid those embarrassments and difficulties
necessarily incident to privateering, and so as to be in harmony with
the civilization of our age. Nor shall it be said that I shrink from
any of the responsibilities which belong to us with regard to foreign
nations; but I desire to say, that among the highest responsibilities
which any can recognize is that of doing nothing needlessly which shall
add to existing troubles or give the country a new burden.
In conclusion, let me once more remind you that every privateer upon
the ocean carries the right of search. Wherever he sails, he is
authorized to overhaul neutral ships in search of contraband, or, it
may be, to determine if the voyage is to break the blockade. A right so
delicate and grave I would reserve to the Government, to be exercised
only by national ships. I cannot err, when I insist that it shall be
intrusted to those only whose position, experience, and relations with
the Government give assurance that it will be exercised with wisest
discretion.
If, in order to secure private enterprise and to enlist all its
energies, it were necessary to have privateers, then the argument
of the other side might be entitled to weight. But all that you
desire can be had without any such resort, and without any drawback
or disadvantage. Let the Secretary of the Navy hire private ships,
wherever he can find them, and put them in commission as national
ships, with the rations, pay, officers, and character of national
ships. This will be simple and most effective. I am at a loss for any
objection to it: I can see none.
I may be mistaken, Sir, but I speak in frankness. To my mind the
question between the two propositions is too clear for argument. On one
side it is irrational, barbarous, and fruitless, except of trouble. On
the other side you have practical strength, and the best assurance of
that prudence which is the safeguard of peace. Between the two let the
Senate choose.
This amendment was also lost,--Yeas 8, Nays 28.
The bill then passed the Senate,--Yeas 27, Nays 9. March 2d, it
passed the House of Representatives without a division, and was
subsequently approved by the President.
* * * * *
Failing in Congress, Mr. Sumner renewed his opposition with
President Lincoln, urging upon him the impolicy of any action
under the law. He advised most strenuously that no commissions
should be issued, and that the law should be allowed to remain
a dead letter. The President was so much impressed by these
representations that he invited Mr. Sumner to attend the next
meeting of his Cabinet and make them there. When Mr. Sumner
doubted the expediency of such a step, as possibly giving rise
to comment, the President requested him to see the members of
his Cabinet individually, which he did. No commissions were
ever issued, and the attempt soon subsided.
* * * * *
This effort to set afloat privateers created anxiety among our
friends in England. Mr. Bright wrote:--
“I hope the President will remain firm against the letters
of marque, so long as peace is preserved. They will do no
good, and only tend to war. I was sorry your fight against
the bill was in vain.”
A letter from Mr. Bates, the intelligent American partner in
the London house of the Barings, confirmed the President in his
determination. Another letter from the same source concurs with
Mr. Bright in condemning the project.
“I am very glad that anything I have written has had any
effect in stopping the issue of letters of marque, for I
am convinced that their issue would have led to a war, and
would have given those who in this country wish for war an
opportunity through the press to make a war popular. It
would, further, have been playing into the hands of the
Confederates, who are doing all they can to embarrass the
relations between this country and the United States. It is
the last card the Confederates have to play.”
The Act of Congress authorizing letters of marque has since
expired by its own limitation.