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XII.—PUBLIC PIRACY OF RUSSIA
[Reply to the Address of the Bar of New York, Dec. 19th, 1851.]
A reception and a banquet to Kossuth having been prepared by the Bar at Tripler Hall, ex-justice Jones introduced him with a short speech; after which Judge Sandford, in the name of the whole Bar, read an ample address, of which the following is the principal part:—
Governor Kossuth.—The Bar of New York, having participated with their fellow-citizens in extending to you that cordial and enthusiastic welcome which greeted your landing upon the shores of America, have solicited the opportunity to express to you, as a member of the legal profession, their respect for your great talents and eminent attainments, and their admiration for the ardour and enthusiasm with which you have devoted all your powers and energies to the sacred cause of the emancipation of your native land. Wherever freedom has needed an advocate, wherever law has required a supporter, wherever tyranny and oppression have provoked resistance, and men have been found for the occasion, it is the proud honour of our common profession to have presented from our ranks some prominent individual who has generously and boldly engaged in the service; and Hungary has furnished to the world one of the most striking in the brilliant series of illustrious examples. As early as the year 1840, the public history of Hungary had made us acquainted with the distinguished part which a Mr. Kossuth, an attorney, as he was then described, had performed in sustaining the laws of his country. Mr. Kossuth, the Attorney of that day, has since matured into the Counsellor, Statesman, Patriot, Governor, and now stands before us the Exile more distinguished for his firmness and undaunted courage in his last reverse than for his exaltation by the free choice of his countrymen. After the years of your imprisonment and painful anxiety had worn away, and the illegal measure of your arrest had been publicly acknowledged, we found you restored to your personal liberty, and again ardently engaged in the great cause of your country's freedom. At the meeting of the Diet of Hungary which was held in November, 1847, and before the flame of revolution had illuminated Europe, we found a series of acts resolved upon by that body, which declared an equality of civil rights and of public burdens among all classes, denominations, and races in Hungary and its provinces, perfect toleration for every form of religion, an extension of the elective franchise, universal freedom in the sale of landed property, liberty to strangers to settle in the country, the emancipation of the Jews, the sum of eight millions set apart to encourage manufactures and construct roads, and the nobles of Hungary, by a voluntary act, abolishing the old tenure of the lands, thereby constituting the producing classes to be absolute owners of nearly one half of the cultivated territory in the kingdom. This great advance made by your country in a system of benign and ameliorating legislation, was checked by occurrences which are too fresh in your recollection to require a recapitulation. We welcome you among us; we tender you our admiration for your efforts; our sympathy for your sufferings; our cordial wishes that your persevering labours may be successful in restoring your country to her place among nations, and her people to the enjoyment of those blessings of civil and religious liberty, to which, by their intelligence and bravery, and by the laws of nature and of nature's God, they are justly entitled. Our professional pursuits have led us to the study of the system of jurisprudence which has been matured by the wisdom and experience of ages, but which has been recognized by all eminent jurists to be founded upon the defined principles of Christianity. From that great source of law we have learned, that as members of the family of mankind, our duties are not bounded by the territorial limits of the government which protects us, nor circumscribed as to time or space. We have framed a constitution of government, and under it have adopted a system of laws which we are bound to execute and obey. The stability and efficiency of our own government are dependent upon the intelligence, virtue, and moderation of our people. It has been justly remarked by one of our most distinguished jurists, that "in a republic, every citizen is himself in some measure entrusted with the public safety, and acts an important part for its weal or woe." Trained as we have been in these principles of self-government, appreciating all the blessings which a bounteous Creator has so profusely showered upon us, and desirous to see the principles of civil and religious liberty extended to other nations, we rejoice at every uprising of their oppressed people; we sympathize with their struggles, and within the limits of our public laws and public policy, we aid them in their efforts. If through weakness or treachery they fail, we grieve at their misfortunes. In you, sir, we behold a personification of that great principle which forms the corner stone of our own revered Constitution—the right of self-government. Darkened as has been the horizon of suffering Hungary, in you, sir, still burns that living fire of freedom, which we trust will yet light up her firmament, and shed its lustrous flame over her wasted lands. "The unnamed demi-gods" whose blood has moistened her battle-fields, the martyrs whose lives have been freely offered up on the scaffold and beneath the axe, the living exiles now scattered through distant lands, have not suffered, are not suffering in vain. Governments were created for the benefit of the many, and not of the few. A day, an hour of retribution will yet come; the Almighty promise will not be forgotten—"Vengeance is mine—I will repay it, saith the Lord."
Kossuth thereupon replied:—
Gentlemen,—Highly as I value the opportunity to meet the gentlemen of the Bar, I should have felt very much embarrassed to have to answer the address of that corporation before such a numerous and distinguished assembly, had not you, sir, relieved my well-founded anxiety by justly anticipating and appreciating my difficulties. Let me hope, that herein you were the interpreter of this distinguished assembly's indulgence.
Gentlemen of the Bar, you have the noble task to be the first interpreters of the law; to make it subservient to justice; to maintain its eternal principles against encroachment; and to restore those principles to life, whenever they become obliterated by misunderstanding or by violence. My opinion is, that Law must keep pace in its development with institutions and intelligence, and until these are perfect, law is and must be with them in continual progress. Justice is immortal, eternal, and immutable, like God himself; and the development of law is only then a progress, when it is directed towards those principles which, like Him, are eternal; and whenever prejudice or error succeeds in establishing in customary law any doctrine contrary to eternal justice, it is one of your noblest duties, gentlemen,—having no written Code to fetter justice within the bonds of error and prejudice,—it is one of your noblest duties to apply Principles, —to show that an unjust custom is a corrupt practice, an abuse; and by showing this, to originate that change, or rather development in the unwritten, customary law, which is necessary to make it protect justice, instead of opposing and violating it.
If this be your noble vocation in respect to the Private laws of your country, let me entreat you, gentlemen, to extend it to that Public law which, regulating the mutual duties of nations towards each other, rules the destinies of humanity. You know that in that eternal code of "nature and of nature's God," which your forefathers invoked when they raised the colonies of England to the rank of a free nation, there are no pettifogging subtleties, but only everlasting principles: everlasting, like those by which the world is ruled. You know that when artificial cunning of ambitious oppressors succeeds to pervert those principles, and when passive indifference or thoughtlessness submits to it, as weakness must submit: it is the noble destiny—let me say, duty—of enlightened nations, alike powerful as free, to restore those eternal principles to practical validity, so that justice, light, and truth may sway, where injustice, oppression, and error have prevailed. Raise high the torch of truth; cast its beams on the dark field of arbitrary prejudice; become the champions of principles, and your people will be the regenerators of International law.
It will. A tempestuous life has somewhat sharpened my eye, and had it even not done so, still I would dare to say, I know how to read your people's heart. It is conscious of your country's power; it is jealous of its own dignity; it knows that it is able to restore the law of nations to the principles of justice and right; and knowing its ability, its will shall not be lacking. Let the cause of Hungary become the opportunity for the restoration of true and just international law. Mankind is come to the eleventh hour in its destinies. One hour of delay more, and its fate may be sealed, and nothing left to the generous inclinations of your people—so tender-hearted, so noble, and so kind—but to mourn over murdered nations, its beloved brethren in humanity.