Mr. Sumner at that time had not seen the demand, and was without any precise information on the subject, but felt it his duty to say something by way of breakwater against the rising tide. He spoke briefly.
Mr. President,—The Senator has made his speech, and then withdrawn his motion; he has accomplished his object. For myself, Sir, I would rather meet this question, truly important, when presented in a practical form. The Senator treats it on an hypothesis; he assumes that Great Britain has made an arrogant demand, and then proceeds to denounce it. How does he know that any such demand has been made? Who in the Senate knows it? Who in the country knows it? I do not believe it,—will not believe it, except on evidence.
The Senator says that he is not against arbitration. How does he know that this is not the policy of the Administration? But I know nobody here who can speak for the Administration on this point.
I submit to the Senator that on both points he has spoken too swiftly. There is no evidence to justify him in belief that any arrogant demand has been made; there is no evidence that can lead him to distrust the fidelity of the Administration. Speaking for myself and nobody else, I declare my conviction that the question will be peaceably and honorably adjusted. I do not believe that it is a question for war; and I hail with gratitude the declaration of the honorable Senator in favor of arbitration. This at least is pacific in what must be called a war speech. But do not understand me as intimating that such mode is under consideration. I content myself with repeating, that the question is in safe hands, and that it will be better for us to reserve ourselves until it is presented in some practical form, or at least on evidence, and not on mere hypothesis.
Mr. Sumner had been with the President and his Cabinet the day before, to read important letters just received from Mr. Cobden and Mr. Bright; but he did not know the conclusion on the question. The few words in reply to Mr. Hale were in the spirit of peace, and as such were warmly welcomed by the public. The sympathy they awakened attests the prevailing interest. A leading citizen of Providence wrote: “Very many thanks for your mild rebuke of our friend Senator Hale, when he mounted the war-horse.” Another in Boston adopted the same vein: “For your wise words, after the war speech of Mr. Hale, you have my thanks, and the thanks of thousands who will never express to you their feelings. I know you will exert your great influence on the side of peace, and I rejoice that you have so much moral power in this matter.” Rev. George C. Beckwith, Corresponding Secretary of the American Peace Society, had promptly declared his trust: “It is a matter of special congratulation, that the helm of our Foreign Relations, so far as the Senate is concerned, is held at this juncture in hands so worthy of our confidence. We trust that you and your Committee will have all the wisdom and other qualities needed to meet the case now before us just as it ought to be.” A friend holding high office in Massachusetts augured new strength for Mr. Sumner in the battle with Slavery: “Your decisive speech,” he wrote, “will do much to raise you in the estimation of those who were alarmed by your Emancipation doctrines, and who begin to see that you are right in that, as well as other things.”
The confidence reposed had its responsibilities increased by his position as Chairman of the Committee on Foreign Relations, and, when the surrender was announced, Mr. Sumner felt it a duty to do what he could in reconciling the people to his conclusion, especially as he was satisfied that the original taking of the Rebels could not be justified without adopting most obnoxious British precedents. Besides, reform in Maritime Law seemed to be involved in the discussion, and he was not without hope of contributing to this important result. Therefore he made an early occasion to address the Senate on the subject.
In his speech Mr. Sumner brought into strong relief the early and long continued pretension of England to enter our ships and take our sailors without trial of any kind, as Captain Wilkes had entered the Trent and taken the Rebel agents. In presenting this point, he was determined not only by the London press, which adopted the original American objection to any such entry and taking, but also by the unpublished opinions of the law advisers of the Crown, which he had before him in manuscript.
The capture of the Rebels was known in London on the evening of 27th November. But some time before, on an intimation that such an attempt might be made, the British Government had asked the opinion of the law officers on the questions involved in such an act. An answer was returned, bearing date 12th November, which was signed by the Queen’s Advocate-General, the Attorney-General, and the Solicitor-General. In this opinion it was stated: “The United States ship of war may put a prize crew on board the West India steamer and carry her off to a port of the United States for adjudication by a Prize Court there; but she would have no right to remove Messrs. Mason and Slidell and carry them off as prisoners, leaving the ship to pursue her voyage.” This opinion was supposed to have greater value because it was given sixteen days before anything on the subject had appeared in the London press. Afterwards the case of the Trent was submitted to these law officers, and on the 28th of November they gave another opinion in accordance with the former, where they say: “From on board a merchant ship of a neutral power, pursuing a lawful and innocent voyage, certain individuals have been taken by force. They were not apparently officers in the military or naval service of the Confederate Government.” They conclude that Her Majesty’s Government “will be justified in requiring reparation for the international wrong which has been on this occasion committed.” In conformity with this opinion, Earl Russell, in his letter demanding the surrender, treated it simply as a forcible taking of “certain individuals” from an innocent British vessel at sea by an American ship of war, all of which had been too often done by British ships of war with innocent American vessels at sea.
It will be observed that Earl Russell uses the most general language, without specification; but the contemporaneous press dwelt on the single point taken by the law officers. One of these is quoted in Mr. Sumner’s speech.
In France, the Revue des Deux Mondes wrote, as if instructed from Downing Street:—