Sumner thinks to be desirable, I fully agree with him, as I think will all the civilized world before many years have passed. If international law be what the lawyers say it is, international law must be altered to suit the requirements of modern civilization. By those laws, as they are construed, everything is to be done for two nations at war with each other; but nothing is to be done for all the nations of the world that can manage to maintain the peace. The belligerents are to be treated with every delicacy, as we treat our heinous criminals; but the poor neutrals are to be handled with unjust rigor, as we handle our unfortunate witnesses in order that the murderer may, if possible, be allowed to escape. Two men living in the same street choose to pelt each other across the way with brickbats, and the other inhabitants are denied the privileges of the footpath lest they should interfere with the due prosecution of the quarrel! It is, I suppose, the truth that we English have insisted on this right of search with more pertinacity than any other nation. Now in this case of Slidell and Mason we have felt ourselves aggrieved, and have resisted. Luckily for us there was no doubt of the illegality of the mode of seizure in this instance; but who will say that if Captain Wilkes had taken the "Trent" into the harbor of New York, in order that the matter might have been adjudged there, England would have been satisfied? Our grievance was, that our mail-packet was stopped on the seas while doing its ordinary beneficent work. And our resolve is, that our mail-packets shall not be so stopped wit impunity. As we were high handed in old days in insisting on this right of search, it certainly behoves us to see that we be just in our modes of proceeding. Would Captain Wilkes have been right, according to the existing law, if he had carried the "Trent" away to New York? If so, we ought not to be content with having escaped from such a trouble merely through a mistake on his part. Lord Russell says that the voyage was an innocent voyage. That is the fact that should be established; not only that the voyage was, in truth, innocent, but that it should not be made out to be guilty by any international law. Of its real innocency all thinking men must feel themselves assured. But it is not only of the seizure that we complain, but of the search also.
An honest man is not to be bandied by a policeman while on his daily work, lest by chance a stolen watch should be in his pocket. If international law did give such power to all belligerents, international law must give it no longer. In the beginning of these matters, as I take it, the object was when two powerful nations were at war to allow the smaller fry of nations to enjoy peace and quiet, and to avoid, if possible, the general scuffle. Thence arose the position of a neutral. But it was clearly not fair that any such nation, having proclaimed its neutrality, should, after that, fetch and carry for either of the combatants to the prejudice of the other. Hence came the right of search, in order that unjust falsehood might be prevented. But the seas were not then bridged with ships as they are now bridged, and the laws as written were, perhaps, then practical and capable of execution. Now they are impracticable and not capable of execution. It will not, however, do for us to ignore them if they exist; and therefore they should be changed. It is, I think, manifest that our own pretensions as to the right of search must be modified after this. And now I trust Imay finish my book without again naming Messrs. Slidell and Mason.
The working of the Senate bears little or no analogy to that of our House of Lords. In the first place, the Senator's tenure there is not hereditary, nor is it for life. They are elected, and sit for six years. Their election is not made by the people of their States, but by the State legislature. The two Houses, for instance, of the State of Massachusetts meet together and elect by their joint vote to the vacant seat for their State. It is so arranged that an entirely new Senate is not elected every sixth year. Instead of this a third of the number is elected every second year. It is a common thing for Senators to be re-elected, and thus to remain in the house for twelve and eighteen years. In our Parliament the House of Commons has greater political strength and wider political action than the House of Lords; but in Congress the Senate counts for more than the House of Representatives in general opinion.
Money bills must originate in the House of Representatives, but that is, I think, the only special privilege attaching to the public purse which the Lower House enjoys over the Upper. Amendments to such bills can be moved in the Senate; and all such bills must pass the Senate before they become law. I am inclined to think that individual members of the Senate work harder than individual Representatives. More is expected of them, and any prolonged absence from duty would be more remarked in the Senate than in the other House. In our Parliament this is reversed. The payment made to members of the Senate is 3000 dollars, or 600l., per annum, and to a Representative, 500l. per annum. To this is added certain mileage allowance for traveling backward and forward between their own State and the Capitol. A Senator, therefore, from California or Oregon has not altogether a bad place; but the halcyon days of mileage allowances are, I believe, soon to be brought to an end. It is quite within rule that the Senator of to-day should be the Representative of to-morrow. Mr. Crittenden, who was Senator from Kentucky, is now a member of the Lower House from an electoral district in that State. John Quincy Adams went into the House of Representatives after he had been President of the United States.
