Then follows this postscript:--

“P. S. Though it be sufficiently implied by the above words,

_all reasonable satisfaction, as far as his Majesty can with

honor_, that there are things which his Majesty could not

possibly on any account comply with, I have thought it may

not be improper, for your more certain guidance, expressly

to signify to you that any personal mark on a great Admiral

who has done so essential a service to his country, or on

any one under his command, is totally inadmissible, _as well

as the idea of restoring the ships of war taken_. You will

therefore, in case, in your conversation with the Portuguese

ministers, any suggestion pointing to either of those methods

of satisfaction should be thrown out, _take especial care to

say enough to shut the door entirely against any expectation

of that kind_,--being at the same time particularly attentive

to avoid, in the manner, everything that can carry the air of

peremptoriness or harshness which may interest the delicacy of

the King of Portugal. I am further to give you to understand,

for your private information, that, if the circumstances of

the supposed grievance should come out to be of sufficient

magnitude, such is the King’s strong desire to give the most

public and ostensible satisfaction to the King of Portugal,

that his Majesty will not, I believe, even be averse to sending

an extraordinary mission on this occasion.”[31]

The extraordinary embassy promised in this postscript was despatched

to Lisbon; and here we have another letter of Mr. Pitt, dated at

Whitehall, May 30, 1760, and marked “Most secret,” where he declares

anew “the King’s immutable and affectionate concern for the dignity

and independence of the crown of Portugal,” and enjoins upon his

ambassador to “forbear entering into much controversial reasoning,” and

to “accompany his answer with all possible gentleness and cordiality of

manner, and with the most conciliating and amicable expressions.” It

seems that the Portuguese minister had demanded the restitution of the

ships, but accompanied by “the friendly and confidential declaration

_that a compliance therewith was not expected_.” Mr. Pitt was anxious

to avoid any such demand, as “an invidious use would not fail to be

made of it by enemies, and perhaps by neutral powers.”[32] From the

Memoirs of Pombal we learn how the British ambassador acquitted himself.

“The King of England sent an ambassador extraordinary to

Lisbon to give the satisfaction which was demanded. It was

Lord Kinnoul who was charged with it, and who acquitted

himself of this commission as the Count de Oeyras [Marquis

of Pombal] required. This lord declared openly and in full

audience, composed of the foreign ministers, that the English

officers who burnt the French vessels on the coast of Lagos

were reprehensible, and that on this account the King, his

master, sent him to Lisbon, in order to testify that he had

no part in it, and that it was contrary to his orders that

they had committed that act of hostility for which he made

reparation.”[33]

_The ships were not restored_, nor was there any indemnity. But the

case did not end here. In 1762 France declared war against Portugal,

and in its declaration made the failure to obtain restoration of these

ships one of the causes of war. These are the words:--

“Every one knows the utmost and violent attack made by the

English in 1759 on some of the [French] King’s ships under

the cannon of the Portuguese forts at Lagos. His Majesty

demanded of the Most Faithful King to procure him restitution

of those ships; but that Prince’s ministers, in contempt of

what was due to the rules of justice, the laws of the sea,

the sovereignty and territory of their master (all which were

indecently violated by the most scandalous infraction of the

rights of sovereigns and of nations), in answer to the repeated

requisitions of the King’s ambassador on this head, made only

vague speeches, with an air of indifference that bordered on

derision.”[34]

Thus, while Great Britain was saved from the restitution of the ships,

Portugal was compelled to suffer.

* * * * *

Such are historic precedents furnished by Great Britain to illustrate

the case of the Florida. In face of this long array, it is difficult to

see how British critics or British ministers can venture to reproach us.

From this review it appears, that, where ships have been captured

in neutral waters, their restitution was at least on one occasion

positively refused by a British minister of commanding authority, while

on other occasions it was avoided from destruction of the ships. If

the American commander who undertook this business at Bahia had done

it completely, there would be little difficulty now. There were fire

and water both at his service. He might have burned the Florida or

scuttled her at once, and his offence would have been no greater than

now, while, according to the precedents, his Government would have been

relieved from embarrassment.

But there are peculiar circumstances which distinguish this instance

from every other. They may be mentioned under two heads: I shall only

allude to them.

_First._ The Florida was illegitimate and piratical in origin and

conduct, being little more than a lawless gypsy of the sea,--born

contrary to the Law of Nations, and living in constant defiance of that

law.

_Secondly._ The Florida pretended to belong to a Rebel combination

of slave-masters, now engaged in rebellion for the sake of Slavery.

Though certain foreign powers, including Brazil, have conceded to

this Rebel combination what are called “belligerent rights,” yet the

extent of this concession is undecided. Of course, it is much less

than a recognition of national independence. Every presumption must be

against such a Rebel combination, having such an object. The indecent

haste with which “belligerent rights” were originally conceded cannot

be forgotten now; nor can we neglect the well-founded argument, that,

in the absence of prize courts belonging to the pretended power, any

such concession _on the ocean_ was flagrantly unjust, and, when we

consider its wide-spread consequences, to be reprehended always by

our Government, as it must be by impartial history. Assuming that the

restitution of a ship belonging to an independent power, as to France

or England, might be properly required, it does not follow that such

restitution should be required in a case like the present, where the

pretended owner is not an independent power, and where the ship was

lawless in origin and conduct,--or, in other words, that Brazil should

expect the United States to restore the Florida, that it might be

handed over again to the support of a slaveholding Rebellion and to

burn more ships.

* * * * *

I call attention to these considerations without expressing any final

opinion. The case of Koszta, forcibly taken by an American frigate from

an Austrian ship-of-war in the territorial waters of Turkey, shows

how the conduct of governments is sometimes inconsistent with strict

law. An explanation and apology were promptly offered to Turkey, whose

neutrality had been violated; but this was all. There was no offer on

our part to surrender Koszta; nor was there any demand by Turkey for

his restitution. But the present case is stronger than that of Koszta.

It is well understood that the seizure of the Florida was wrong only

with respect to Brazil, and not with respect to the Rebel enemy. There

can be no demand, therefore, unless Brazil steps forward. Whatever is

done must be in her name and at her instance. The enlightened Emperor

of Brazil is of the royal house of Braganza, which reigned in Portugal

when her great minister, Pombal, forbore to press the restitution of

ships captured by the British in Portuguese waters. Here is a precedent

of his own family, completely applicable. I venture to add that he

would do an inconsiderate and unfriendly act, if he should press the

restitution of a ship obnoxious not only as a public enemy, but as the

piratical agent of a wicked Rebellion. Even admitting that the capture

was null by the Law of Nations, yet the nature of the reparation to

be demanded rests absolutely in the discretion of Brazil, and in this

age no power can be justified in any exercise of discretion adverse to

human freedom.

Charles Sumner: his complete works, volume 12 (of 20) · 第 14 / 126 题