ciples that are necessary to the
well-being of all civilized nations. It is thus, in my judgment, that we
have quite recently and erroneously laid down the doctrine that foreign
vessels of war shall not board American ships on the coast of Africa, in a
time of peace, in order to ascertain their character.
On this subject I intend to speak plainly. In the first place, I lay no
claim to that spurious patriotism which says, "our country, right or
wrong." This may do for the rabble; but it will not do for God, to whom
our first and highest obligations are due. Neither country, nor man, can
justify that which is wrong; and I conceive it to be wrong, in a political
if not in a moral sense, to deny a vessel of war the privilege which
England here claims. I can see but one plausible argument against it, and
that is founded on the abuses which may arise from the practice. But it
will not do to anticipate abuses in this instance, more than in any other.
Every right, whether national or international, may be abused in its
exercise; and the argument, if good for anything, is as good against every
other right of international law, as it is against this. Abuse, after it
has occurred, might be a justifiable reason for suspending the exercise of
an admitted right, until some remedies were applied to prevent their
recurrence, but it can never be urged as a proper argument against the
right itself. If abuses occur, we can get them remedied by proper
representations; and, if these last fail, we have the usual appeal of
nations. As well might it be said, the law of the land shall not be
administered, because the sheriff's officers are guilty of abuses, as to
say the law of nations shall cease because we apprehend that certain
commercial rivalries may induce others to transcend them. When the wrong
is done, it will be time enough to seek the remedy.
That it is the right of a vessel of war to ascertain the character of a
ship at sea, is dependent on her right to arrest a pirate, for instance.
In what manner can this be done, if a pirate can obtain impunity, by
simply hoisting the flag of some other country, which the cruiser is
obliged to respect? All that the latter asks is the power to ascertain if
that flag is not an imposition; and this much every regularly commissioned
public ship should be permitted to do, in the interests of civilization,
and in maintenance of the police of the seas.
The argument on the other side goes the length
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