and America

$19. Britain we are determined to have justice ourselves, we also want justice done to be friendly. to them. True Anglo-Saxon Americans are they; let them possess and enjoy due honor and respect.

The British will also find

ternational

to the North.

have rights in

But we hope, on examining further the Law of Nations, the wise men points in In- of Britain will also discover points that work in favor of the North. We Law favorable in the Northwest especially wish to learn, whether we are not correct in our opinion, that these Sovereign States, in becoming joint owners in their These States common territory, have become possessed of properties and franchises their cor.mon with which we have never parted, and of which war cannot rightfully territory. dispossess us. We are impressed with the words of wisdom which Jef JEFFERSON, ferson penned to our excellent friend La Fayette: "I think with others, fayette, April that nations are to be governed with regard to their own interests, but I Works, iii, 182. am convinced that it is their interest in the long run, to be grateful, faithStates to be ful to their engagements, even in the worst of circumstances, and honorfaithful to en- able and generous always. If I had not known that the head of our Government was in these sentiments, and that his national and private ethics were the same, I would never have been where I am.

Letter to La

2, 1790.

honorable and

gagements.

Those were Washington's sentiments.

South desert

That "head of our Government was our beloved WASHINGTON. "These sentiments" of being "faithful to their engagements, even in the worst of circumstances, and honorable and generous always," were indeed Never will the preeminent in the Father of his country. His countrymen of the South his principles. will never desert the principles of Washington, Jefferson, the Pinckneys, Mason and the host of patriots, whose memory is a common and rich inheritance to all these Peoples. They will be "faithful to their engagements, even in the worst of circumstances; never can the South belie If mistaken as themselves, and be other than "honorable and generous always." If they find they are mistaken as to principles of International Law, and that faith and pact are unjustly, unnecessarily violated by some of the States seceding, those States will retrace their steps and endeavor to frame a new and proper Federal Union, in which all these States can enjoy their common rights and franchises.

to Internation

al Law, they

will correct

their errors.

But

Nor will we in the North be less "faithful to our engagements," less "honorable and generous always," than our sisters of the sunny South. The declaration has been made that we will not give up our rights in the seceded States, and we never will be dispossessed by force of arms. if we are wrong as to the Law of Nations, learn either that these States never had rights beyond their own boundaries, or have rightfully and completely parted with their rights to each new State, as it has been admitted into the Federal Union "on an equal footing with the original States; " if we have no rights in States seceded from the Union, in others which may and will secede; if the Union cannot be restored, let us know it, and we shall not longer fight for them. We shall only continue the war begun upon us till the South are satisfied, and make propositions to conclude it, when we shall frankly and heartily say, "Wayward sisters, go in peace."

Whichever way this question of our rights, according to the Law of

and America

Nations, may be decided by competent authority, it surely brings peace, §19. Britain for we are no "beasts." We white folks, both in the South and in the to be friendly. North, belong to that race which was made "in the image of GOD." According to "Reason" not "force" will govern us, when we can learn what is Law, is this แ question bereason." We cannot, as States, be governed by "force," either in the tween North North or in the South.

International

and South to be decided.

our peace.

renders us improper judges

of right.

tween author

Our kindred and friends of the mother-land almost as earnestly as do Britain desires we, desire peace. In our strife and excitement, we are not competent judges of these nice questions of International Law; and the authors of the Code of Nations do not seem themselves to harmonize on all points Excitement as perfectly as would be desirable, and we must have counsel and instruction. To our muddled intellects there is an apparent difference of considerable moment, between the teachings of Grotius, Pufendorf, Vattel, Difference be&c., and those of Locke, Blackstone, and the Whig school of England. ities as to Sovereignty. If Sovereignty be in the Legislature, according to the latter, then Pufendorf and the others are quite in error as to the Legislature being only one of the "parts" of Sovereignty, and that a perfect Right of Command must not only have a power to make laws, but also a power, another "part," to judge concerning those laws, called a Judiciary; a power to execute, called an Executive; a power to tax, to create corporations, the right of eminent domain, &c. To decide whether there be any difference To decide is the first point, between these authorities, and what it is, would seem to be the first question to examine, though there probably is not much in it, for Locke and Blackstone can hardly be wrong; and had Grotius and his followers so entirely disagreed with the others, the differences and errors would long ago have been discovered. If our friends can determine these points for if our friends us, if there be anything in them, we shall then be able to find our longlost Sovereignties, and as faithful subjects will we return to our allegiance.

aid to find it, we return to our allegiance.

Sovereignty,

rights and

Having found and properly located our Sovereignties, we can then Deciding as to learn the rights and wrongs of these States, concerning which we also will decide need advice. Seldom is it, not once in centuries, that the statesmen of wrongs of Britain can have an equal opportunity to perform a kindness, and gladly will they avail themselves of it beyond a doubt; with usual British British opporhonesty and sincerity and justice, will the work be done.

States.

tunity.

cure Northern

It will take some little time to make the examination, and meanwhile During exami nation, war the war goes on. And though it was impolitic and imprudent to intimate goes on. how the British Government could please the South by recognition; yet as a "faithful liege subject of the Federal Government," as our wise Chance to se statesmen use the words, we may declare openly a means of securing friendship. Northern confidence and friendship. Our good Whig friend, Lord Rus sell, remarked, as before quoted, that "the South have made war on the The Sonth Government of Abraham Lincoln." His lordship knows that the "necessity" the Law of Nations requires, did not exist to justify the South in beginning this war; that notwithstanding many circumstances greatly éxtenuate, they scarcely justify, and therefore they are in an "unjust, offensive.

made war

-is unjust,

and America

This Britain

cannot aid.

Yet her captains dodge her regulationsa

than French

do this.

$19 Britain offensive war," which no Christian nation can aid or abet, and they are to be friendly. bound by every principle of Jus Gentium, and of honor, to prevent their subjects from aiding our enemies, especially in articles contraband of war. Some captains will be smart and dodge the authorities, get out of port, cross the ocean, run the blockade, and sometimes by accident they carry arms, ammunition, &c. We observe that many more vessels, somehow or More English other, run away from Britain than from France; but we do not complain of this, because the British coast is extensive, and we shall no doubt sooner No complaint or later be neutral to a nation or nations at war, when we shall understand how difficult it will be to watch so long a coast and prevent contraas our cap- band trade. It will be almost impossible to keep our smart Yankee captains from trying to make a little more profit, even with a good deal of risk. So we do not now complain of our friends' want of care, and we shall by and by know how to sympathize with them, in the inability of Government to control these smart captains.

by: us

tains may

dodge.us.

The Alabama

a bad example

But it is very naughty in our cousins to allow such things as that Alabama to be built, freighted, and manned in their ports, and receive supplies in others, to prey upon our commerce. It is a bad example for our mother to set her daughters, one which they may be so unwise as to -our builders imitate. When there is occasion, our shipyards will very likely be may imitate. building just such things for the Cantons of Switzerland, San Marino, and all the other great maritime nations; and when they put to sea and find it difficult to sail direct to those States, they may cruise elsewhere.

If Brain desires Northern

has a chance to

If Britain desires the friendship of these Northern States, she can friendship, she have it; and probably no like opportunity as the present, will soon recur secure.it. to gain it. She must, however, somewhat shift her course, to be successful; yet only in uniformity with the rules and the demands of friendship. Britain knows us. She believes this Anglo-Saxon stock will always Mustange stand by a friend, punish a foe when it is right and opportune. We shall take good care that her confidence is not misplaced.

her course.

These States deeply inter

national Law.

Of all States, these of America have deepest concern in thorough ested in Inter- knowledge of the Law of Nations, the rule of conduct between them. Brita next. Next to us, Britain probably is most interested. Kent, Story, and Wheaton agree, as we have seen, and their judgment is confirmed by Hume, Bentham, Ferguson, Mackintosh and other authorities, that com Importance of merce in good part has created the necessity for the modern International comingce. Code, and caused its rise. Commerce between these States and that of Britain is unsurpassed by that of any other nations. So that, aside from Importance to questions of our own reunion, and of war and peace, present and future, national Law a clear determination of what is that Law to regulate that commerce, is of much consequence. Also is it of fundamental importance, that these Peoples, and their several individual members, know perfectly in whom Sovereignty is, their Sovereignty, their Right of Command, is to be found, in order to know whence comes the authority to enforce that Law.

them of Inter

to regulate it.

Must know

where their

Britain's Colonies

Britain, though a single State, has important Colonies widely spread, which have rights dependent on the Law of Nations. The commerce of

and America

that State and her Colonies, is the greatest of all the world. She needs § 19. Britain to well understand the International Code; and we should suppose that, to be friendly. if Whigs and Tories could come to an understanding, whether their Right To understand of Command were really in her Majesty, though limited by fundamental Sovereignty, laws, as it was in Saul and David; or in Parliament, creating an Aristocracy, it would tend to promote good understanding and correct management, and save other ruptures like that of ours in '76.

where is her

desirable.

British his

While still adhering to the determination not to commit the folly of Some points in attempting to instruct the wise men of Britain as to their Government, it tory. may not be improper to suggest some points in the early history of our common country and its Government, which are hardly questionable. England was conquered by William the Norman, in 1066; and The Norman though this is denied by some English writers, yet his bearing the title, by common acceptation, of THE CONQUEROR, and the acts recorded of him, prove the fact incontestably. Says Ormerod in his History of Chester :

conquest.

Chester, In

xxvii.

The general confiscation which may be presumed to have followed [the attack of ORMEROD'S the Normans on the Saxons], and the murder of the earl of Mercia in the year follow- History of ing [1070], prepared the way for the establishment of the NORMAN EARLDOM OF troduction, CHESTER, first granted to Gherbod, a noble Fleming, and then conferred on Hugh d'Avranches, the king's kinsman. To constitute an efficient counterpoise to the neighbouring Welshmen, the vast privileges of the ancient palatinate were annexed to Division of the grant, making the earl a sovereign prince within his limits, owing fealty indeed to lands by the Conqueror to the greater empire of England, but holding the whole (in the words of the grant) as his followers. freely by the SWORD, as the king held his realm by the CROWN, as "a dignity inherent in the sword, as purchased by it, and to be kept by it also."

This grant included the entire lands of the palatinate, with the exception of those held by the bishop, and nearly all the Saxon proprietors appear to have been ejected. This deprivation, and the subsequent distribution of lands to his Norman followers, was finished before the year 1086, &c.

archy insti

vened nobles

ple's Repre

Thus was the British Monarchy instituted, and the Conqueror distrib- British Monuted his lands to his subjects; and though various grades of honors and tuted. privileges were established, the recipients were still subjects of their King. To get their contributions, the early Kings after William called Kings conthe Nobles together, and their assent has been supposed to have always been given to the laws. When the People, by their representatives, first began to join in making their grants and giving assent to laws, is un--then Peoknown; but in 1322 an act of Edward II declares that "the matters to sentatives. be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, should be treated, accorded and established in Parliament, by the king, and by the assent of the prelates, earls and barons, and the commonalty of the realm, as had been before accus- England a tomed." It seems unquestionable, that the English Government was a Cromwell's Monarchy down to the usurpation of the Sovereignty by the Long Parliament, and the murder of Charles I. It was then an Aristocracy, the State being under the rule of the fees, till Charles II was able to assume Crown inherit the Right of Command which he had inherited, and which was actually ed by Charles his, from the day of his father's death. His brother, James II, inherited crown, which by his tyranny and violation of his oath he doubtless James II

the

Monarchy til

usurpation.

-then

by

and America

feited.

No change

$19. Britain forfeited, and the Commons seem to have been right, as appears from to be friendly. their Journal, in insisting upon their resolution, that James II had “abdiby him for cated the Government, and that the throne [was] thereby vacant," to which the Lords reluctantly assented. In settling the crown on William made in grant and Mary, both Lords and Commons were very particular to make no change in their form of Government; and though the Commons desired to grant the crown conditionally upon their Majesties making farther concessions, they receded, and the joint Declaration reads:

of crown to

William and

Mary.

Journal of the
House of
Lords, p.

100.

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective Letters and Elections, being now assembled in a full and free Representative of this Nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the First Place (as their Ancestors in like Case Assert ancient have usually done) for the vindicating and asserting their ancient Rights and Liberties rights

-which are undoubted.

Declaration of

ange.

him.

William and
King and
Queen.

Declare, [then follow thirteen declarations, to be given in the fuller recital, adding] And they do claim, demand and insist upon, all and singular the Premises, as their undoubted Rights and Liberties; and that no Declarations, Judgments, Doings or Proceedings, to the Prejudice of the People in any of the said Premises, ought in any Wise to be drawn hereafter into Consequence or example. To all which Demand of Prince of Or- their Rights they are particularly encouraged, by the Declaration of His Highness the Prince of Orange, as being the only Means for obtaining a full Redress and Remedy Confidence in therein, Having therefore an entire Confidence that His said Highness the Prince of Orange will perfect the Deliverance so far advanced by him, and will still preserve them from the Violation of their Rights which they have here asserted, and from all other Attempts upon their Religion, Rights, and Liberties: The said Lords Spiritual and Mary declared Temporal, and Commons, assembled at Westminster, do Resolve, That William and Mary, Prince and Princess of Orange, be, and be declared, King and Queen of England, France and Ireland, and the Dominions thereunto belonging; to hold the Crown and Royal Dignity of the said Kingdoms and Dominions, to them the said Prince and Princess, during their Lives, and the Life of the Survivor of them; and William to be that the sole and full Exercise of the Regal Power, be only in, and executed by, the King. said Prince of Orange, in the Names of the said Prince and Princess, during their joint Lives; and after their Deceases, the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess; and for Default of such Issue, to the Princess Anne of Denmarke [who became Queen], and the heirs of her Body; and for Default of such Issue, to the Heirs of the Body of the said Prince of Orange. And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly. And that the Oaths hereafter mentioned be taken by all Persons, of whom the Oaths of Allegiance and Supremacy might be required by Law, instead of them; and that the said Oaths of Allegiance and Supremacy be abrogated: I, A. B. do sincerely promise and swear, That I will be faithful, and bear true Allegiance, to their Majesties King William and Queen Mary. So help me God, &c.

The descent of
Crown.

Oath of allegiance.

William and
Mary pro-

The above was adopted the 12th February, 1688. The next day the claimed King Lords and Commons waited upon the Prince and Princess, and made to and Queen. them in person their Declaration, which, with the crown, was graciously accepted in a short speech, after which the Lords and Commons proceeded to Whitehall gate, and publicly proclaimed the Prince and Princess of Orange, King and Queen, followed by three similar proclamations by the same parties in other parts of the city.

Form of Gov

ernment un

changed.

Some acts were passed, which received their vitality from the assent of the King, strengthening the rights of the People, as had been desired