Mr. Howard. Any civil government, any legislative power for the actual exercise of legislative functions?
Mr. Sumner. I think there is no evidence that there is a legislative body; and I must say I await with great anxiety the evidence of their action on the subject of Slavery itself. What assurance have we that slavery will be terminated by these insurgents? Have they the will? Have they the power? I know the report that they have abolished slavery, but this report leaves much to be desired. I wish it to be authenticated and relieved from all doubt. It is said that there are two decrees,—one to be read at home, and another to be read abroad. Is this true? And even if not true, is there any assurance that the insurrectionists are able to make this decree good? But while I require the surrender of slavery from the insurrectionists, I make the same requirement of Spain. Why has this power delayed?
Mr. Morton. I ask the Senator if Spain has not recently affirmed the existence of slavery in Cuba and Porto Rico, especially in Porto Rico, by publishing a new constitution guarantying the existence of slavery?
Mr. Sumner. I am not able to inform the Senator precisely on that point. I do know enough, however, to satisfy me that Spain is a laggard on this question; and if my voice could reach her now, it would plead with her to be quick, to make haste to abolish slavery, not only in Cuba, but in Porto Rico. Its continued existence is a shame, and it should cease.
I have no disposition to go into this subject at length. There is, however, one other remark that the Senator from Wisconsin made to which I shall be justified in replying. He alludes to the case of the Hornet, and the proceedings against that vessel.[190] It is not for me now to vindicate those proceedings. They may have been proper under the statute, or may not; but it is very clear to me that the cases of the Hornet and the Spanish gun-boats are plainly distinguishable, and, if the Senate will pardon me one moment, I will make the distinction, I think, perfectly apparent. We all know that two or three or four or a dozen persons may levy war against the Government, may levy war against the king. A traitor levies war against the king. The king, when he proceeds against the traitor, does not levy war. He simply proceeds in the exercise of his executive functions in order to establish his authority. And in the spirit of this illustration I am disposed to believe that the United States were perfectly justifiable, even under this statute, in arresting the Hornet; but they would not be justifiable in arresting the Spanish gun-boats. The Hornet was levying war against Spain, and therefore subject to arrest. The gun-boats are levying no war, simply because the insurrection against which they are to be used has not reached the condition of war.
Mr. Carpenter. Will the Senator allow me to ask one other question?
Mr. Sumner. Certainly.
Mr. Carpenter. What I want to know is this: whether the condition of neutrality does not necessarily depend upon the fact that war is progressing between two parties? Can there be any neutrality, unless there is a contest of arms going on between two somebodies? Now, if it be a violation of our Neutrality Act for one of those bodies to come in and fit out vessels in the United States, is it not equally so for the other?—or is our pretence of neutrality a falsehood, a cheat, and a delusion?
Mr. Sumner. Mr. President, I do not regard it as a question of neutrality. Until the belligerence of these people is recognized, they are not of themselves a power, they are not a people. Therefore there can be no neutrality on the part of our Government between Spain and her revolted subjects, until they come up to the condition of a people. They have not reached that point; and therefore I submit that there is at this moment no question of neutrality, and that the argument of the Senator in that respect was inapplicable. When the belligerence of the insurgents is recognized there will be a case for neutrality, and not before.