Year: 1862

aha iofcoB stated tho particular evils which II sup


sed Will arise from the operation OF the Declaration


Paris IN favor OF neutrais hope amt be eve th ov


are greatly exaggeT ated but before tho


which induce me 70 entertain that hope the House will


permit mo TO put before il the other side Of the question


and consider what the evils that may arise from tht


adoption OF the principle recommended by tho honorable


member ior Liverpool Now, il has been SAID more than


once IN the course of this debate that il is u


refer TO the old established OF nations for that


nave introduced new principle by the Declaration Of


Idrls. But thdt, SIR denr. We gaze up ceridts Del


l'9ret rights oa 1ohich might haas sssed b hau


tnrodaced no ,etg J1Incide Bus this motion does
ask US to give up principles hitherto OF cardinal and
fundamental importance in the law Of nations. there


De any principle OF the law of nations cardinal than
another II is that In war governments are identhed with
their pcoplefhdt you cannot make upon the 0otera


naellt and haze pedcs Uih their recpdt the people
bound up tcih he 9orenme Gai e public Interests of The
subject have laid down that prnciple-they said
that the property OF the individual part OF tho pro
perty oi the naton Is responsible for the liabilities
the natonas against the foreign belgerent the nation
and the individuals that compose and the same
and no distinction made between the aggregate
individuals Or ichole system, Of oar, all doctrine
reprsdts Is bh oss thai principe- that that the r19h
OF maritime capture rests that the disability
subjects Of the belgerents TO carry on trade with
each other, or 10 maintain actions and to join in


racts-a principle TO which Mr. Justice story great
American authority has said


mo principle Mr. Justice Story, "of national
eny during war are utterly void This principle has
grown hoay under the respect OF Centuries and
cannot now be shaken without uproong the
tons OF national Law"


This is not Arbitrary principle Iventure to say this
principle involves in itself the very highest and most
momentous considerations-he interests OF patriotism
and the interests OF peace Hear, hear) Sir dread
TO think what might be the effect Of admitting the prin
pie OF political war and o commercial peaco-(hear
hear)governmenis at and ther subjects at peace,
and carrying on their trade with each other. (Hear
hear II anything could sap the patriotism OF nation
think IT would be such state OF things As far
know the earliest writer who ably advocated the prnc
pie OF the honorable member Of Liverpool the Able
Mabay, about the middle Of last century said
90 hA
that the unrestrained communications Of
chants would no doubt, offer facilities to tho enemy but
IL would be easy TO provide against that. The police
would manage all that. Merchants the least patriotic
of all the world. and will only regard their ine-
rests" Now, sir hold that the merchants of England
are not the least patriotic in the world quite agree
with the honorable m0mber from Birmingham on tha,
point. The merchants OF England have many
sons shown their patriotism. But under what system
was the patriotism Of English merchants fostered
maintainedy Was 1t under the system of political wars
and commercial peace-(cheers) )-or under system
that in bound them up together with their gouern
ment which made them follow sufferers in its reverses-
partners in the common stake and looking to its
the source or return Of their prosperity (Cheers


venture TO say that the patriotism Of the mercantile
class would be placed in danger il in time Of their
interests were separated from the general nterestsf
they were ndemned against the consequences of
Il they were deprived OF their general interest in
the maintenance Of peace. What must be the effect
the interests Of peace Of this great principle OF sub
jects and governments being idented in time Of war;


yield to no one IN my love Of peace echo the words
that fell from the honorable member for Birmingham





rather be the meanss lover Of peace than the most
honored advocate Of war. Except when necessity and
self defence impose nation the duty OF war agree
with the honorable gentleman that is Of all things the
last to be advocated But in the interests Of peace is
necessary to be cautious how sever tho in
tsrosts OF the people at large from the policy Of its 60
in the matter Of What is the greatest
check have against unjust and unnecessary warss
IS it not the burhens they impose And il you endcavor
10 introduce System which will enable you to carry
without those burthsns, which will leave trade
indsturbed and make armies march through a
or sairord as peaceful cavslcadswSen I % enemies enemies
nay come from France 10 England, and from
England to France, pursuing their ordinary occupations
turing War in mutual credit loading cargoes and selling
hem and in fact carrying on all the common operations
4 life nothing had hsppsnsd-csn you suppose that
heir interest would be the same now in preventing
in bringing about restoration Of peace2 (Hear
,ear Even IN this counry-alrhough trust that with
he nnuApce it has its government unjust and
serious chcck-even in this country conceive now
much the interest Of all classes OF the people, in the
maintenance and preservatinn OF peace, would be d
ninished, If this system were introduced. should be
sorry TO suything dsrespectfu Of the shipowncrs
md agree with the honorable member for Birmingham
hat in this House, at all events uothing has beeu said
iisrespectful OF them. But il the shipOwners should
should regret If they did-by the present
state Of the law, they certainly would not have
creased interest in the maintenance OF peace the sys
em OF political war and commercial peace intro
tuced. They would have the double advantage of
high war rates as they had during the crmean and
II the same time the ordinary fruits and advantages OF
don't believe the shipowners unpariotc
lass but certainly would not throw such temptations
q their way, and diminish the inducements they now
to range themselves the side OF the
II peace. IL such be the state OF things own
COUNTRY what would be the system in other countries
whore the governments are arbitrary and disposed TO
wars OF aggression and military ambiony What is
The strongest check to such system, II is the suffering
hat must thereby be entaed their people, and the
fear that they VIII not endure them; but II you make
that burden light and easy the people, do you not
hink you would DO giving very great facilities to the
schemes Of ambition and desire OF aggraudizeent en-
ertained by those Powers? The people would become
ess vigilant, and even the srews Of war on which
princes must depend would be easily supplied by
he continuance of trade. All these considerations
materially bear on the subject. And then must
emembor that it is in the power Of any government
occasions admitting il to be done consistently with the
public welfare. 10 relax tho severity and strctness
If the rules Of war-ust done the instance
erred 10 in the Russian and now that prvateerng
g abolished entirely un er the control Of the govein
ment, any excesses Il are more easily restrained
But then s said that all asked to reduce mari
time to the position into which the progress Of
civilization has brought military THIS is total
mistake Whcf is asked is that hs eo,ry ana other
countries should e'er into posire engagements
NE po,Der Of exercising beger.n rights against merchant
ships atsed Does anything Ike chat erist tcafcie tpo,
ldfds The observations OF my right honorable friend,
the Secretary for War and tho Advocate have been
understood They did not as understood, that
he humane practice Of modern times had not in great
degree mtgsted the seventies OF but they said that
The law OF nations recognizes those rights gives those
powers does not debar from the OF them beyond
necessity OF ys on the other hand, even acts from
which humanity recos may, without infracon OF inter





1uire them.
all these reasons think cannot be denied that the
power OF maritime nrtion would be.crippled and ni.
paired in most serious degree II she deprived of
the means of dealing upon the W. the mercantile
OF other nations. (Hsar.) Now come TO the
point OF blockade which was tenderly touched upon
bv nv honorable friend the member stamford The
honorable member for Liverpool said that ne would
interfere with the blockade and the honorable member
FOR Stafford and another honorable member behind me
said the 1t would however, be very difficult, do
not say that would be impossible but il would be very
dhcult the principles upon which the proposition Is
based draw clear and satisfactory line as TO
he right OF blockade. ! mean the general right Of
boskadethe right 10 blockade commercial ports. Be
cause what is you do by bocksdng commercial ports
You are obsructng trade. you are interfering with pr
vaie interests you destroying the business OF great
numbers persons who trade with those ports and OF


e inhabitants Of those ports far concerns their
with foreign nations Is not that the very
thing which you do on the seas when you make war
against a mercantile marine? Is not, truth, ne one
op.,u,ioatat is, mdritim, carried ogcist
eant mor larger sort Of operation Of the Kind
as blockadsp Ia the OF blockade you deal locally
with the trade of the enemy and you seek 20 distress
and cripple him by those means ON the seas at large
yOu deal generally with the trade OF the enemy aud you


seek TO cripple hin and reduce him there bv destroying


IL t.ef lAa sNno EawAa ~