The recognition of Rebel belligerence in France was wrong without injury; but that same recognition in England was wrong with injury, and it is of this unquestionable injury that we complain.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
Then, again, it is said, “Why not exhibit an account against France?” For the good reason, that, while France erred with England in recognition of Rebel belligerence, no pirate ships or blockade-runners were built under shelter of this…
We trace no damages to them, nor to any class, high or low, but to England, corporate England, through whose Government we suffered.
Because the damages are national, because all suffered instead of one, this is no reason for immunity on her part.
An eminent English judge once pronounced from the bench that “the law is astute to find a remedy”; but no astuteness is required in this case,--nothing but simple justice, which is always the object of a true diplomacy.
In view of this transcendent wrong, it is a disparagement of International Law to say that there is no remedy.
If the amount is unprecedented, so also is the wrong.
Now, without undertaking to say that there is no remedy in the case supposed, I wish it understood that our complaint is for damages traced directly to England.
Loudly it is said that there can be no sentimental damages, or damages for wounded feelings; and then our case is dismissed, as having nothing but this foundation.
The English arguments, so far as argument can be found in the recent heats, have not in any respect impaired the justice of our complaint.
In all controversies the first stage of justice is to understand the case; and sooner or later England must understand ours.
But I have little hope of any adequate settlement, until our case, in its full extent, is heard.
Then will our losses end in gain for all, while the Law of Nations is elevated.
On this head I content myself with the aspiration that out of this surpassing wrong, and the controversy it has engendered, may come some enduring safeguard for the future, some landmark of Humanity.
It will be for her, on a careful review of the case, to determine what reparation to offer; it will be for the American people, on a careful review of the case, to determine what reparation to require.
I make no demand,--not a dollar of money, not a word of apology.
Who shall fix the measure of this great accountability?
This terrible complicity began with the wrongful recognition of Rebel belligerence, under whose shelter pirate ships were built and supplies sent forth.
There can be no doubt that we received from England incalculable wrong,--greater, I have often said, than was ever before received by one civilized power from another, short of unjust war.
On this subject I have never spoken except with pain, as I have been obliged to expose a great transgression.
In the absence of any precise injunction, I do not hesitate to adopt that interpretation of International Law which most restricts war and all that makes for war,--believing that in this way I shall best promote civilization and obtain new…
Undoubtedly an independent nation may do anything in its power, whenever it pleases,--but subject always to just accountability, if another suffers from what it does.
Nor is there any evidence that any decree or constitution has had any practical effect.
Even if they come within the prerequisites of International Law, I am unwilling to make any recognition of them so long as they continue to hold human beings as slaves, which I understand they now do.
A cruiser without accountability to Prize Courts is a lawless monster which civilized nations cannot sanction.





