our near neighbour in the most important of her colonial
possessions, to receive us with equal and even-handed
justice, if not with the sympathy which our unity
of interest and policy, with regard to an important
social and industrial institution, are so well calculated
to inspire. A rule which would exclude our prizes
from her ports during the war, although it should
be applied in terms equally to the enemy, would not,
I respectfully suggest, be an equitable or just rule.
The basis of such a rule, as, indeed, of all the conduct
of a neutral during war, is equal and impartial justice
to all the belligerents; and this should be a substantial
and practical justice, and not exist in delusive or
deceptive terms merely. Now, a little reflection
will, I think, show your Excellency that the rule
in question cannot be applied in the present war without
operating with great injustice to the Confederate
States. It is well known to your Excellency that
the United States being a manufacturing and commercial
people, whilst the Confederate States have been thus
far almost wholly an agricultural and planting people,
the former had within their limits and control almost
the whole naval force of the old Government, and that
they have seized and appropriated this force to themselves,
regardless of the just claims of the Confederates
States to a portion, and a large portion of it, as
tax-payers out of whose contributions it was created.
The United States are thus enabled to blockade all
the important ports of the Confederate States.
In this condition of things, observe the practical
working of the rule which I am discussing.
It must be admitted that we have equal belligerent
rights with the enemy.
One of the most important of these rights in a war
against a commercial people, is that which I have
just exercised, of capturing his property upon the
high seas. But how are the Confederate States
to enjoy to its full extent the benefit of this right,
if their cruisers are not permitted to enter neutral
ports with their prizes, and retain them there in
safe custody until they can he condemned and disposed
of?
They cannot send them to their own ports for the reasons
already stated. Except for the purpose of destruction,
therefore, their right of capture would be entirely
defeated by the adoption of the rule in question,
whilst the enemy would suffer no inconvenience from
it, as all his ports are open to him. I take
it for granted that Spain will not think of acting
upon so unjust and unequal a rule.
But another question arises, indeed has already arisen,
in the cases of some of the very captures which I
have brought into port. The cargoes of several
of the vessels are claimed, as appears by certificates
found among the papers, as Spanish property.
This fact cannot of course be verified, except by
a judicial proceeding in the Prize Courts of the Confederate
States.