Looking at the bill more closely, it is found to have two distinct features: first, as a new agency against the Rebellion; secondly, as a provision for privateers in any future war. I regard these two features as distinct. They may be considered separately. One may be right, and the other wrong. One may be adopted, and the other rejected.
So far as the bill promises substantial help in putting down the Rebellion without more than countervailing mischief, it may properly be entertained. But what can it do against the Rebellion? And where is the policy or necessity on which it is founded? If Senators think that the bill can do any good now, I am sure they listen to their hopes rather than to the evidence. Why, Sir, the Rebels, against whom you would cruise, are absolutely without commerce. Pirate ships they have, equipped in England, armed to the teeth, and unleashed upon the sea to prey upon us; but there is not a single bottom of theirs that can afford the booty which is the pay and incentive of the privateer. It would be hardly more irrational to enlist private armed ships against the King of Dahomey.
I know it is said that our navy is too small, and that more ships are needed, not only for transportation, but also to increase and strengthen the blockade, or to cruise against pirates. Very well. Hire them, and put them in commission as Government ships, with the immunities, the responsibilities, and the character of such ships. There can be no difficulty in this; and, better still, there will be no difficulty afterwards. This is simple and practical.
But, while I see no probable good from launching privateers upon the ocean to cruise against a commerce that does not exist, and to be paid by a booty that cannot be found, I see certain evils which I am anxious to avoid for the sake of my country, especially at this moment. I think that I cannot be mistaken in this anxiety.
It is well known, that, according to ancient usage and the Law of Nations, every privateer is entitled to belligerent rights, one of which is that most difficult, delicate, and dangerous right, the much disputed Right of Search. There is no Right of War with regard to which nations are more sensitive,—and no nation has been more sensitive than our own, while none has suffered more from its exercise. By virtue of this right, every licensed sea-rover is entitled on the ocean to stop and overhaul all merchant vessels under whatever flag. If he cannot capture, he can at least annoy. If he cannot make prize, he can at least make trouble, and leave behind a sting. I know not what course the great neutral powers may adopt, nor do I see how they can undertake to set aside this ancient right, even if they smart under its exercise. But when I consider that these powers have already by solemn convention—I refer, of course, to the Congress of Paris in 1856—renounced the whole system of privateers among themselves, I confess my fears that they will not witness with perfect calmness the annoyance to which their commerce will be exposed. And now, Sir, mark my prediction. Every exercise upon neutral commerce of this terrible Right of Search will be the fruitful occasion of misunderstanding, bickering, and controversy, at a moment when, if my voice could prevail, there should be nothing to interfere with that accord, harmony, and sympathy which are due from civilized states to our Republic in its great battle with Barbarism. Even if we are not encouraged to expect these things from Europe, I hope that nothing will be done by us to put impediments in their way. Justly sensitive with regard to our own rights, let us respect the sensibility of others.
It is not enough to say that we have an unquestioned right to issue letters of marque. Rights, when exercised out of season or imprudently, may be changed into wrongs. It was a maxim of ancient jurisprudence, Sic utere tua, ut alienum non lædas, and I think that this maxim, at least in spirit, is applicable to the present occasion. Our right may be clear; but, if its exercise would injure or annoy others, especially without corresponding advantage to ourselves, we shall do well, if we forbear to exercise it.
Thus far I have considered that part of the bill which provides for privateers against the Rebels; but I cannot quit this branch of the question without calling attention again to the scenes that must ensue, if these privateers are let loose. Picture to yourselves the ocean traversed by licensed rovers seeking prey. The Dutch admiral carried a broom at his mast-head as the boastful sign that he swept the seas. The privateer might carry a scourge. Wherever a sail appears, there is chase; the signal gun is fired, and the merchantman submits to visitation and search. Delay is the least of the consequences. Contention, irritation, humiliation ensue, all calculated to engender ill-feeling, which, beginning with individuals, may embrace country and government. I do not say that such an act, even harshly exercised upon neutral commerce, will bring upon us further war, but I would not try the experiment. The speaking-trumpet of a reckless privateer may contribute to that discord which is the herald of bloodshed itself.
But, Sir, even if you think it worth while to authorize privateers against the Rebels, to cruise against an imaginary commerce, in quest of an imaginary booty, why not stop there? The measure would not be wise, but it might find seeming apology in the present condition of affairs. The bill of the Committee, and also the amendment of the Senator from Iowa, go much further. It is a general bill, authorizing privateers, not merely against the Rebels, but also against foreign nations in future wars, in the discretion of the President. I quote from the bill of the Committee.
“That, whenever war exists or has been declared between the United States and any other nation, and during the present Rebellion, the President of the United States is hereby authorized to issue to private vessels of the United States commissions or letters of marque and general reprisal, in such form as he may think proper.”
Mark the language, “whenever war exists.” I am not ready to say that these words give the President power to declare the existence of war without the intervention of Congress; but I object to the whole clause on account of its generality. And the substitute of the Senator is obnoxious to the same objection. It says:—