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.
Americanus.
The article was answered by an able writer in the Advertiser of December 13th, who assumed that Mr. Sumner was the apologist of seizures in neutral waters. It was also severely criticized by Professor Goldwin Smith, then travelling among us, in a letter which was given to the newspapers. Mr. Sumner, whose special object was to anticipate British criticism and to smooth the way with Brazil, said nothing until the case was understood to be settled, when he reappeared in the Advertiser of January 17, 1865.
SUPPLEMENT.
The recent correspondence between Mr. Seward and the Brazilian Chargé d’Affaires at Washington seems to bring the case of the Florida to a close. Our Government has distinctly recognized the inviolability of territorial sovereignty, and made reparation for the original act of violence, so much discussed. The vessel itself, out of which the question arose, was no longer in existence; so that the only important point not already settled by principle and precedent was eliminated from the case. There was no vessel to be claimed on the one side or refused on the other, and nothing was said of damages on account of its loss. Of course, had the Florida belonged to Brazil, any reparation would have been incomplete which did not embrace the vessel or its value.
But Mr. Seward has been careful to exclude the assumption that the Rebels have belligerent rights on the ocean, and also the other assumption that the Florida was anything but a pirate. It is clear that the position taken on these two points must have influenced any decision with regard to the vessel itself, or damages on account of its loss.
As the case is now settled, it is unnecessary to consider objections adduced against the view presented by me in the “Advertiser” some weeks ago. What is now certain was then uncertain. The Government has spoken, and the country accepts the result. But it may not be unprofitable to return for one moment to the original discussion.