Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1869-04-27
Speech of Charles Sumner.

cred in the senate, April Ii, which
will be found of great interest, we
make no doubt:
THE RULE OF DAMAGES.
Perhaps | ought to anticipate an
objection from the other side to the
effect that these national losses. wheth-
er from the destruction OF our com
merce or the prolongation of the war,
are indirect and remote, so as not to
be just cause of claim. This is ex-
pressed at the common law by the
rule that damages must be for the
natural and proximate consequences
of an act" q Greenleaf, Ev., p. 21O.)
To this excuse the answer Is explicit.
The damages suffered by the United
States are twofold, individual and ma
tional, being in each case direct and
proximate, although in the one case
individuals suffered and in the other
case the nation. 1t is easy to see that
there may be occasions where, over
topping all individual damages, are
damages suffered by the nation, so
that reparation to individuals would
be insufficient; nor the claim of the
nation be questioned simply because
it is large, or because the evidence
with regard to it is different from
that in the case of an individual. In
each case the damage must be proved
by the best possible evidence, and
this is all that law or reason can re.
quire. In the case of the nation the
evidence is historic, and this is enough.
Impartial history will record the Ia
tional losses from British intervention
and it is only reasonable that the ev-
idence of these losses should not be
excluded from judgment. Because the
case is without precedent, because 10
nation ever before received such inju-
ry from a friendly power, this can be
no reason why the case should not
be considered on the evidence.
Even the rule of the common law
furnishes no impeachment for our dam.
ages are the natural consequence of
what was done. But the rule Of the
Roman law, which is the rule of inter.
national law, is broader than that o.
the common law. The measure of
damages, according to the Digest, is
"whateyer may have been lost or might
have been gained;" pu0ntium mih1
abest, qatamtuoaque Lucrari potui ; and
this same rule seems to prevail in the
French law, borrowed from the Ro
man law. This rule opens the door
to ample reparation for all damages
whether individual or national.
There is another rule of the com
mon law, in harmony with strict jus
tice, which is applicable to the case
| find it in the law relating to NUS
ances, which provides that there may
be two distinct proceedings, first, ii
behalf Of individuals, and secondly il
behalf of the community. Obviously
PREPARATION to individuals does not su
persede PREPARATION to the community
The proceeding in the one case is by
action at law, and. in the other, by in
dictment. The reason assigned by
Blackstone for the latter is "becau8l
tho damages being oommon TO all The
kings subjects, no one can assign hi;
particular portion of it, g Black
Com, p. 219) But this is the very
case with regard to damages sustain
ed 10y the nation.
A familiar authority furnishes al
additional illustration, which is pre-
cisely in point =
"No person, natural or corporate, ca
have an action for public nuisance, o
punish it but only the king in his publ
fdmiIidS of the kingdom. Yet this rule ad
mits Of one exception where private pen
son suffers some extraordinary damage be
You'd the rest fthe kings subjects. - Tom
Inns Lar Dict, art. Nuisance.
Applying this rule to the presen
case, the way is clear. Every Brit
ish pirate was a public nuisance. il
volving the British government, whic
must respond in damages, not only t
the individuals who have suffered, bu
also to the national government, &C
ing as pater famiLias Tor the commo
good oil all the people.
Thus by an analogy of the commo
law, in the case of a popular nuisance
also by the strict rule of the Roma
law, which enters so largely into il
ternational law, relating to damage
all losses, whether individual or M
tional, are the just subject of CLAIM
1t is not | who say this; it is the Law
The colossal sum total may be seel
+. not only in the losses of individual
but in those national losses, caused b
the destruction of our commerce an
the prolongation of the war, all O
which may be traced directly to Ems
land;
illud alb uno
Corpore, ct ex una pendebat origine bellum.
t Three times is this liability fixed
first, by the concession of ocean be
q ligerancy. opening to the rebels shi
yards, founderies, and manufacture
, and giving to them flag on the ocean
secondly, by the organization of no
tile expeditions, which, by admission
s in parliament, were nothing less tina
D piratical war on the United State
. with England as the naval base; an
thirdly, by welcome, hospitality, an
supplies extended to these pirate shiI
in ports of the British Empire. Sho
: either of these and the liability Q
s England is complete. Show the thrt
and this power is bound by trip
cord.
CONCLUSION.
q Mr.. President, in concluding thes
!. remarks, | desire to say that | am L
4 volunteer. For several years hay
=, carefully avoided saving anvthino r