Without considering more critically what should be the fate of these ocean incendiaries, or what the responsibilities of England, out of whom they came, I content myself with the conclusion that they are not entitled to ocean belligerence. And here let it be understood that no question is possible with regard to an established power with access to the ocean; for belligerent rights are fixed by International Law, without foreign recognition; nor can the rights of such a power be a precedent for any concession to a rebel community without ports and Prize Courts.
Pirate is a hard word; but Jefferson did not shrink from applying it to “private armed vessels,” infesting our coasts, preying upon our commerce, and making captures at the very entrance of our harbors, as well as on the high seas. “They have carried them off,” he says, “under pretence of legal adjudication; but, not daring to approach a court of justice, they have plundered and sunk them by the way, or in obscure places, where no evidence could arise against them, maltreated the crews, and abandoned them in boats in the open sea or on desert shores without food or covering.” These things, kindred to what is done by our Rebel cruisers, he calls “enormities,” and he announces that he has equipped a force “to bring the offenders in for trial as pirates.”[155]
Even if Rebel Slavery, coagulated in embryo government, has arrived at that semi-sovereignty de facto on the ocean which justifies belligerent rights, yet the Christian powers should indignantly decline to make the concession, because by doing so they make themselves accomplices in shameful crime. Here I avoid details. It is sufficient to say that every argument of fact and reason, every whisper of conscience and humanity, every indignant outburst of an honest man against recognition of Slavery as an independent power, is equally strong against any concession of ocean belligerence. Such concession is half-way house to recognition, and can be made only where a nation is ready, if the fact of independence be sufficiently established, to acknowledge it, on the principle of Vattel, that “whosoever has a right to the end has a right to the means.”[156] It is equally clear, that, where a nation, on grounds of conscience, must refuse recognition of independence, it cannot concede belligerence; for, where the end is forbidden, the means must be forbidden also. The illogical absurdity of such concession by Great Britain, so persistent always against Slavery, and now for more than a generation the declared protectress of the African race, becomes doubly apparent, when it is considered that every Rebel ship built in England and invested with ocean belligerence carries with it the Law of Slavery, so that, by British concession, the ship becomes an extension of Slave territory and a floating Slave castle.
And yet it is said that this impostor is entitled to ocean rights, and the British Queen is made to proclaim them. Sad day for England, when another wicked compromise was struck with Slavery, kindred to that old treaty which mantles the cheeks of honest Englishmen, when the slave-trade was protected and its profits secured to British subjects! I know not the profits secured by the destruction of American commerce, but I do know that the Treaty of Utrecht, crimson with the blood of slaves, is not so crimson as that reckless proclamation which gave to Slavery a frantic life, and helped for a time, nay, still helps, this demon in the rage with which it battles against Human Rights. Such a ship, with the law of Slavery on its deck and the flag of Slavery at its mast-head, sailing for Slavery, fighting for Slavery, burning for Slavery, and knowing no other sovereignty than the pretended government of Rebel Slavery, can be nothing less in spirit and character than a slave pirate and the enemy of the human race. Like produces like, and the parent power, which is Slavery, must stamp itself upon the ship, making it a floating offence to Heaven, with no limit to its audacity,—wild, outrageous, impious, a monster of the deep, to be hunted down by all who have not forgotten their duty alike to God and man.
Meanwhile there is one simple act which the justice of England cannot continue to refuse. That fatal concession, made in a moment of eclipse, when reason and humanity were obscured, must be annulled. The blunder-crime must be renounced, so that Slave pirates may no longer sail the sea, robbing, destroying, burning, with British license. Then will they promptly disappear forever, and with them the occasion of strife between two great powers, who ought to be, if not as mother and child, at least as brothers among the nations. And may God in His mercy help this consummation!
Here I leave this part of the subject, founding my objections on two grounds.
(1.) The embryo of Rebel Slavery has not that degree of sovereignty on the ocean which is essential to belligerence there.
(2.) Even if it possessed the requisite sovereignty, no Christian power can make such concession to it without shameful complicity with Slavery.