Amidst the general degradation following such obeisance to Slavery, there are two Christian powers that would appear in sad and shameful eminence. I refer to Great Britain, declared protectress of the African race, and to France, declared champion of “ideas,” who, from the very abundance of pledges, are so situated that they cannot desert the good old cause and turn their faces against civilization without criminal tergiversation, which no mantle of diplomacy can cover. Where, then, is British devotion to the African race, so eloquently proclaimed by the British Minister? Where, then, is French devotion to ideas, so ostentatiously announced by the French Emperor? Remembered only to point a tale and show how nations have fallen. Great Britain knows less than France of national vicissitudes, but such an act of wrong would do something in its influence to equalize the conditions of these two nations. Rather than do this thing, better for the fast-anchored isle that it should sink beneath the sea, carrying down its cathedrals, its castles, its happy homes, its fields of glory, Runnymede, Westminster Hall, and the tomb of Shakespeare. In other days England has valiantly striven against Slavery, winning a truer glory than any achieved by her arms on land or sea; and now she is willing to surrender, at a moment when more can be done than ever before against the monster, wherever it shows its head,—for Slavery everywhere has its neck in this Rebellion. In other days France has valiantly striven for ideas; and now she, too, proposes surrender, although all that she professes at heart is involved in the doom of Slavery, which a word from her might hasten beyond recall. It is in England, where the great victory of Emancipation was first obtained, that now, more even than in France, the strongest sentiment for Rebel Slavemongers is manifest, constituting a moral mania which menaces a pact and concordat with the Rebellion itself,—as when an early Pope, head of the Christian Church, did not hesitate to execute a piratical convention with a Pagan enemy to the Christian name. It only remains that the new coalition should be signed in order to consummate the unutterable degradation. The contracting parties will be the Queen of England and Jefferson Davis, once patron of “Repudiation,” now chief of Rebel Slavery. Then must this virtuous lady, whose pride is justice always, bend to receive the author of the Fugitive Slave Bill as ambassadorial plenipotentiary at her Court.
A new power, dedicated to Slavery, will take its seat at the great council-board, to jostle thrones and benches, while it overshadows humanity. Its foul attorneys, reeking with Slavery, will have their letter of license as ambassadors of Slavery, to rove from court to court, over foreign carpets, poisoning the air which has been nobly pronounced too pure for a slave to breathe. Alas for England, vowed a thousand times to the protection of the African race, and by her best renown knit perpetually to this sacred loyalty, now plunging into adulterous dalliance with Slavery, recognizing the new and impious Protestantism against Liberty itself, and wickedly becoming Defender of the Faith as now professed by Rebel Slavemongers! Alas for England’s Queen, woman and mother, carried off from the cause of Wilberforce and Clarkson to sink into unseemly association with the scourgers of women and the auctioneers of children!—for a “stain” deeper than that which aroused the anguish of Maria Theresa is settling upon her reign. Alas for that Royal Consort, humane and just, whose dying voice was given to assuage the temper of that ministerial despatch, by which, in an evil hour, England was made to strike hands with Rebel Slavery!—for the counsellor is needed now to save the land he adorned from an act of inexpiable shame.
And for all this sickening immorality I hear but one declared apology. It is, that the Union permitted and still permits Slavery,—therefore foreign nations may recognize Rebel Slavery as a new power. Here is the precise error. England is still in diplomatic relations with Spain, and was only a short time ago in diplomatic relations with Brazil, both permitting Slavery; but these two powers are not new, they are already established, there is no question of recognition, nor do they pretend to found empire on Slavery. There is no reason in any relations with them why a new power, with Slavery as its declared “corner-stone,” whose gospel is Slavery, and whose evangelists are Slavemongers, should be recognized in the Family of Nations. If Ireland were in triumphant rebellion against the British Queen, complaining of rights denied, it would be our duty to recognize her as an independent power; but if Ireland rebelled with the declared object of establishing a new power which should be nothing less than a giant felony and a nuisance to the world, then it would be our duty to spurn the infamous pretension, and no triumph of rebellion could change this plain and irresistible obligation. And yet, in face of this commanding rule, we are told to expect the recognition of Rebel Slavery.
An aroused public opinion, “the world’s collected will,” and returning reason in England and France, will see to it that Civilization is saved from this shock, and the nations themselves from the terrible retribution which sooner or later must surely attend it. No power can afford to stand up before mankind and openly vote a new and untrammelled charter to injustice and cruelty. God is an unsleeping avenger; nor can armies, fleets, bulwarks, or “towers along the steep” prevail against His mighty anger. To any application for this unholy recognition there is but one word the Christian powers can utter. It is simply and austerely “No,” with an emphasis that shall silence argument and extinguish hope itself. And this proclamation should go forth swiftly. Every moment of hesitation is a moment of apostasy, casting its lengthening shadow of dishonor. Not to discourage is to encourage; not to blast is to bless. Let this simple word be uttered, and Slavery will slink away with a mark on its forehead, like Cain, a perpetual vagabond, forever accursed; and the malediction of the Lord shall descend upon it, saying: “Among these nations shalt thou find no ease, neither shall the sole of thy foot have rest; but the Lord shall give thee there a trembling heart and failing of eyes and sorrow of mind; and thy life shall hang in doubt before thee, and thou shalt fear day and night, and shalt have none assurance of thy life; in the morning thou shalt say, Would God it were even, and at even thou shalt say, Would God it were morning.”[141]
V.
Too much have I spoken for your patience, if not enough for the cause. But there is yet another topic, which I have reserved to the last, because logically it belongs there, or at least can be best considered in the gathered light of the previous discussion. Its immediate practical interest is great. I refer to the Concession of Belligerent Rights, being the first stage to independence. Great Britain led the way in acknowledging the embryo government as belligerent on sea as well as land, and by proclamation of the Queen declared neutrality between the two parties,—thus lifting an embryo, which was nothing else than animate Slavery, to equality on sea as well as land with its ancient ally, the National Government. Here was a blunder, if not a crime, not merely in the alacrity with which it was done, but in doing it at all. It was followed immediately by France, and then by Spain, Holland, and Brazil. The concession of belligerent rights on land was a name and nothing more, therefore I say nothing about it. But the concession of belligerent rights on the ocean is of widely different character, and the two reasons against the recognition of independence are equally applicable to this concession: first, the embryo government has no maritime or naval belligerent rights de facto, and, secondly, an embryo of Rebel Slavery cannot have the character de facto which would justify the concession of maritime or naval belligerence; so that, were the concession vindicated on the first ground, it must fail on the second.
The concession of ocean belligerence is a letter of license from consenting powers to every Slavemonger cruiser, or rather it is the countersign of these powers to the commission of every such cruiser. Without such countersign the cruiser would be an outlaw, with no right to enter a foreign port. The declaration of belligerence imparts legal competence, and the right to testify by flag and arms. Without such competence there would be no flag and no right to bear arms on the ocean. Burke sententiously describes it as an “intermediate treaty which puts rebels in possession of the Law of Nations with regard to war.”[142] And this is plainly true.
The magnitude of this concession may be seen in three aspects: first, in the immunities it confers, putting an embryo of Rebel Slavery on equality with established governments, making its cruisers lawful instead of piratical, and opening to them boundless facilities at sea and in port, so that they may obtain supplies and hospitality; secondly, in the degradation it fastens upon the National Government, which is condemned to see its ships treated on equality with the ships of Rebel Slavery, and also the just rule of “neutrality” between belligerent powers invoked to fetter its activity against a giant felony; and, thirdly, in the disturbance to commerce it sanctions, by letting loose lawless sea-rovers armed with belligerent rights, including the right of search, whose natural recklessness is left unbridled and without remedy even from diplomatic intercourse. The ocean is a common highway; but it is for the interest of all who traverse it that the highway should not be disturbed by predatory hostilities. Such a concession should be made with the greatest caution, and then only under the necessity of the case, on the overwhelming authority of the fact: for, from beginning to end, it is simply a question of fact, absolutely dependent on those conditions and prerequisites without which ocean belligerence cannot exist.
As a general rule, belligerent rights are conceded only where a rebel government or contending party in a civil war has acquired such form and body, that, for the time being, within certain limits, it is sovereign de facto, so far at least as to command troops and to administer justice. On this last point I dwell especially. It is the capacity to administer justice which is the criterion, whether on land or ocean. The concession of belligerence is the recognition of such limited sovereignty, which bears the same relation to acknowledged independence as gristle bears to bone. It is obvious that such sovereignty may exist de facto on land without existing de facto on ocean. It may prevail in armies, and yet fail in navies. In short, the fact may be one way on land and the other way on ocean. Nor can it be inferred on ocean simply from existence on land. Our Supreme Court has declared that there may be “a limited, partial war,” “a restrained or limited hostility,” “an imperfect war, or a war as to certain objects and to a certain extent.” Thus, on one occasion, hostilities were authorized “on the high seas by certain persons in certain cases,” but without authority “to commit hostilities on land.”[143] But by the same rule there may be war on land and not on sea, and this may follow from the necessity of the case. If Rebel Slavery does not come within the conditions of ocean war, then, whatever its belligerence on land, it cannot expect it on the ocean. Since every such concession is adverse to the original government, and is made only under the necessity of the case, it must be limited carefully to the actual fact. Indeed, Mr. Canning, who has shed so much light on these topics, openly took the ground that “belligerency is not so much a principle as a fact.”[144] And the question then arises, whether Rebel Slavery has acquired such de facto sovereignty on the ocean as entitles it to ocean belligerent rights.