Volume 8 — INDEPENDENCE OF HAYTI AND LIBERIA.

Speech in the Senate, on the Bill to authorize the Appointment of Diplomatic Representatives to the Republics of Hayti and Liberia, April 23, 1862.

Thereupon Zeus, fearing for the safety of our race, sent Hermes with self-respect and justice, that their presence among men might establish order and knit together the bonds of friendship in society. “Must I distribute them,” said Hermes, “as the various arts have been distributed aforetime, only to certain individuals, or must I dispense them to all?” “To all,” said Zeus, “and let all partake of them.”—Plato, Protagoras, p. 322 C.

Resolved, That the independence of Texas [Hayti and Liberia] ought to be acknowledged by the United States, whenever satisfactory information shall be received that it has in successful operation a civil government capable of performing the duties and fulfilling the obligations of an independent power.—Resolution of the Senate of the United States, Journal of the Senate, July 1, 1836.

Resolved, That the State of Texas [Hayti and Liberia] having established and maintained an independent government capable of performing those duties, foreign and domestic, which appertain to independent governments, … it is expedient and proper, and in conformity with the Laws of Nations and the practice of this Government in like cases, that the independent political existence of said State be acknowledged by the Government of the United States.—Resolution of the Senate of the United States, Journal of the Senate, January 12 and March 1, 1837.

Every nation that governs itself, under what form soever, without any dependence on a foreign power, is a sovereign state. Its rights are naturally the same as those of any other state.… To give a nation a right to make an immediate figure in this grand society, it is sufficient if it be really sovereign and independent; that is, it must govern itself by its own authority and laws.—Vattel, Law of Nations, Book I. ch. 1, § 4.

In his Annual Message at the beginning of this session of Congress, December, 1861, the President said: “If any good reason exists why we should persevere longer in withholding our recognition of the independence and sovereignty of Hayti and Liberia, I am unable to discern it. Unwilling, however, to inaugurate a novel policy in regard to them without the approbation of Congress, I submit for your consideration the expediency of an appropriation for maintaining a Chargé d’Affaires near each of those new states. It does not admit of doubt that important commercial advantages might be secured by favorable treaties with them.”

Until this recommendation, Hayti and Liberia had borne the ban of the colored race. The National Government, so long as it was ruled by Slavery, could not tolerate a Black Republic. A few extracts exhibit the indecency of the opposition. Mr. Hayne, of South Carolina, announced: “Our policy with regard to Hayti is plain: we never can acknowledge her independence. Let our Government direct all our ministers in South America and Mexico to protest against the independence of Hayti.” Mr. Hamilton, of South Carolina, declared the sentiments of the Southern people to be, “that Haytien independence is not to be tolerated in any form.” Mr. Berrien, of Georgia, said: “Consistently with their own safety, can the people of the South permit the intercourse which would result from establishing relations of any sort with Hayti?” Even Mr. Benton, of Missouri, joined with the rest: “The peace of eleven States in this Union will not permit the fruits of a successful negro insurrection to be exhibited among them.”[278] On the presentation of a petition in the House of Representatives, December 18, 1838, praying for the establishment of international relations with the Republic of Hayti, there was an outburst. Mr. Legaré, of South Carolina, known as an accomplished scholar, exclaimed: “The memorial originates in a design to revolutionize the South and to convulse the Union, and ought, therefore, to be rejected with reprobation. As sure as you live, Sir, if this course is permitted to go on, the sun of this Union will go down,—it will go down in blood, and go down to rise no more. I will vote unhesitatingly against nefarious designs like these. They are treason.” Mr. Wise, of Virginia, spoke in the same tone.[279] Such was the prevailing spirit. The time had come for a change.

December 4, 1861, on motion of Mr. Sumner, so much of the President’s Message as related to the establishment of diplomatic relations with the Governments of Hayti and Liberia was referred to the Committee on Foreign Relations.

December 9th, on motion of Mr. Sumner, all memorials, resolutions of Legislatures, and other papers on the files of the Senate, relating to the recognition of Hayti and Liberia, were taken from the files and referred to the Committee on Foreign Relations. Mr. Sumner stated, that he wished to reach papers as far back as 1852,—that among these was a very important paper, which at the time passed under the eye of Mr. Webster, from the mercantile interest of New England, strongly in favor of the recognition of Hayti.

The subject was carefully considered in committee.

February 4, 1862, Mr. Sumner reported from the Committee a bill, which was read and passed to a second reading, to authorize the President of the United States to appoint diplomatic representatives to the Republics of Hayti and Liberia respectively, each representative so appointed to be accredited as Commissioner and Consul-General, the representative in Hayti to receive the compensation of Commissioner according to the Act of Congress of August 18, 1856, being $7,500, and the representative in Liberia not more than $4,000.

April 23d, on motion of Mr. Sumner, the Senate proceeded to consider the bill, when Mr. Sumner spoke as follows.

SPEECH.

MR. PRESIDENT,—The independence of Hayti and Liberia has never been acknowledged by our Government down to this day. It is within the province of the President to do this at any time, either by receiving a diplomatic representative or by sending one. The action of Congress is not necessary, except so far as an appropriation is needed to sustain a mission. But the President has seen fit, in his Annual Message, to invite such action. By this bill Congress will associate itself with him in the acknowledgment, which, viewed only as an act of justice, comity, and good neighborhood, must commend itself to all candid minds.

In all respects Hayti and Liberia fulfil the requirements of International Law. Our acknowledgment can raise no question with any foreign power. Independent in fact, and with a civil government in successful operation, these two Republics are entitled to hospitable recognition in the Family of Nations, according to the rule already established by our Government.

In proposing to appoint diplomatic representatives, we necessarily contemplate the negotiation of treaties and the establishment of friendly relations with these two Republics under the sanctions of International Law, and according to the usage of nations. If it be important that such treaties should be negotiated and such relations be established, then the present bill is entitled to support. Thus far our Government, habitually hospitable to all newly formed republics, has turned aside from Hayti and Liberia, although the former has been an independent power for nearly sixty years, and the latter for nearly fifteen. Our national character has suffered from such conduct, while important commercial relations with these countries have continued without the customary support of treaties or the active protection afforded by the presence of an honored representative. It is time to end this anomalous state of things.

The arguments for the recognition of Hayti loom like her own mountains as the mariner approaches the beautiful island, rising higher and higher, while the head of the last purple peak is lost in the clouds; and the arguments for the recognition of Liberia are not inferior in character.

It was my purpose originally to consider this question in some of its larger aspects, to trace the character and history of the two Republics, to exhibit the struggles in our own country for the acknowledgment of their independence, and to vindicate this act in its manifest relations to civilization. I am happy to believe that such a discussion is unnecessary, and shall therefore content myself with a few considerations exclusively practical in character, and especially in reply to the assertion that diplomatic representatives are not needed in our concerns with these two Republics.

Hayti is one of the most charming and important islands in the world, possessing remarkable advantages in size, situation, climate, soil, productions, and mineral wealth. In length, from east to west, it is about three hundred and thirty-eight miles; and in breadth, from north to south, it varies from one hundred and forty-five miles to seventeen. Its circumference, without including bays, measures eight hundred and forty-eight miles. Its surface, exclusive of adjacent islands, is estimated at thirty thousand five hundred and twenty-eight square miles,—being about the area of Ireland, and nearly half that of New England. In size it is so considerable as to attract attention among the islands of the world. In situation it is commanding, being at the entrance to the Gulf of Mexico, and within easy reach of all the islands there. In climate it is salubrious, with natural heats tempered by sea-breezes. In soil, it is rich with tropical luxuriance, various with mountains and plains, watered by numerous rivers, and dotted with lakes. In productions it is abundant beyond even the ordinary measure of such favored regions. The mountains yield mahogany, satin-wood, and lignum-vitæ, while the plains supply all the bountiful returns of the tropics, including bananas, oranges, pine-apples, coffee, cacao, sugar, indigo, and cotton. Among the minerals are gold, silver, platinum, mercury, copper, iron, sulphur, and several kinds of precious stones. Such, in brief, is the physical character of this wonderful island, which, like Ireland, is a “gem of the sea.”

Originally discovered by Christopher Columbus, who named it Hispaniola, or Little Spain, the island was for a long time among the most valued possessions of Spain, from which power the western portion, known as Hayti, passed to France. Throwing off the government of the latter country, the Republic of Hayti for nearly sixty years has maintained its independence before the world, and performed honorably all its duties in the family of nations. At one time it embraced the whole island: at present it occupies a portion only, with a population of six hundred thousand.

The Republic of Liberia extends along the western coast of Africa for a space of five hundred miles, beginning at the British colony of Sierra Leone, with an average breadth of fifty miles, between latitude 4° 20´ and 7° 20´ north, embracing an area of thirty thousand square miles, being almost precisely the area of Hayti,—so that these two regions, one an island and the other a strip of African sea-coast, are of equal geographical extent. I say nothing of the origin of this republic, although it cannot be contemplated without the conviction that perhaps it is one of the most important colonies ever planted. At last civilization obtains foothold in Africa, almost under the equator.

In soil and productions, if not in climate, this region is hardly less favored than Hayti. Though so near the equator, the mercury seldom rises above ninety degrees in the shade, and never falls below sixty. Most of the productions in one are also found in the other. But Liberia abounds in iron ore. Copper and other metals are said to exist in the interior. It is, however, in sugar, cotton, coffee, and palm-oil that Liberia seems destined to excel. A person familiar with the country reports that it “bids fair to become one of the greatest sugar-producing countries in the world.” The population embraces some fifteen thousand persons, emigrants, or their children, from the United States, with a large native population, held in subjection and already won toward civilization, amounting to more than two hundred thousand.

With two countries like these the argument for treaties is strong, without pursuing the inquiry further. But it becomes irresistible, when we consider the positive demands of our commerce in these quarters. Even in spite of coldness, neglect, and injustice, our commercial relations have grown there to great importance. If assured of the customary protection afforded by treaties and the watchful presence of a diplomatic representative, they must become of greater importance still.

I have in my hands a tabular statement of our commerce and navigation with foreign countries for the year ending June 30, 1860, arranged according to amount, so that the country with the largest commercial intercourse stands first. This authentic testimony has been prepared at the Treasury Department, under my directions, for this occasion. Though most interesting and instructive, it is too minute to be read in debate. Here, under one head, are the exports from the United States; under another head, the imports; and, under other heads, the number of ships and tonnage: the whole so classified that we see at a glance the relative importance of foreign countries in their commercial relations with the United States.[280] Such a statement is in itself an argument.

It is to exhibit the precise position of Hayti and Liberia in the scale that I introduce this table. When it is said that out of seventy-one countries Hayti stands the twenty-seventh, and Liberia at least helps to make the twenty-ninth, this is not enough. It must be observed that there are no less than ten countries, like Canada and Cuba, which, though enumerated separately, belong to other nationalities. If these are excluded, or added to their proper nationalities, Hayti will rank as seventeenth, and Liberia will take her place as nineteenth. But if we examine this table in detail, we find the important relative position of these two countries amply sustained. Confining ourselves for the present to Hayti, we have these remarkable results.

Hayti, in exports received from us, stands next to Russia. The exports to Hayti are $2,673,682; while those to Russia amount to $2,786,835. But the imports from Hayti are $2,062,723, while those from Russia are only $1,545,164. In number of vessels employed, Hayti is much the more important to us. Only sixty vessels are employed between the United States and Russia, while four hundred and ninety are employed between the United States and Hayti. So that, in importance of commercial relations, Hayti stands above Russia, where we have been constantly represented by a Minister Plenipotentiary of the highest class, with a Secretary of Legation, and have at this moment no less than eight consuls besides.

According to this table, there are no less than fifteen countries with which the United States maintain diplomatic relations, although lower than Hayti in the scale of commerce and navigation. This is not all. In point of fact, there are at least three other countries, where we are now represented by a Minister Resident, which do not appear in any commercial tables: I refer to Switzerland, Paraguay, and Bolivia. So that there are as many as eighteen countries of less commercial importance than Hayti, with which the United States are now in diplomatic relations.

The exports to Austria, including Venice, where we are represented by a Minister Plenipotentiary of the first class, with a Secretary of Legation and three consuls, are less than one half our exports to Hayti, while the number of ships in this commerce is only forty-five, being four hundred and forty-five less than in our commerce with Hayti. The exports to Peru, where we are represented also by a Minister Plenipotentiary of the first class, with a Secretary of Legation and five consuls, are still less than those to Austria.

In this scale of commerce and navigation Hayti stands above Prussia, where we are represented by a Minister Plenipotentiary, and also above Sweden, Turkey, Central America, Portugal, the Papal States, Japan, Denmark, and Ecuador, where we are represented by Ministers Resident. It also stands above the Sandwich Islands, where we are represented by a Commissioner. Of these there are several whose combined commerce with the United States is inferior to that of Hayti. This is the case with Sweden, Turkey, Portugal, Japan, Denmark, and Ecuador, which altogether do not equal Hayti in commercial relations with the United States.

Our combined exports to Turkey in Europe and Turkey in Asia are nearly two millions less than to Hayti; and yet, with this Mohammedan Government we have felt it important within a few weeks to negotiate a treaty of commerce.

The commerce with China is among the most valuable we possess, and the ships engaged in it are of large size; but in number they are inferior to those engaged in trade with Hayti. And yet at China we have a Minister Plenipotentiary of the first class, with a salary of twelve thousand dollars, an interpreter with a salary of five thousand dollars, two consuls with salaries each of four thousand dollars, one other consul with a salary of three thousand five hundred dollars, two other consuls with salaries each of three thousand dollars, and two other consuls paid by fees.

Perhaps the comparison between Hayti and the Sandwich Islands is the most instructive. Both are islands independent in government,—Hayti with a population of six hundred thousand, the Sandwich Islands with a population of little more than seventy thousand. The exports to Hayti, as we have already seen, are $2,673,682, while the exports to the Sandwich Islands are only $747,462. And the difference in navigation is as great. In commerce with Hayti there are four hundred and ninety ships, with an aggregate of 82,360 tons, while in commerce with the Sandwich Islands there are only eighty-five ships, with an aggregate of 35,368 tons. And yet, at the Sandwich Islands, with this inferior population, inferior commerce, and inferior navigation, we are represented by a Commissioner, with a salary of seven thousand five hundred dollars, one consul with a salary of four thousand dollars, another consul with a salary of three thousand dollars, and still another paid by fees.

Nor is the interest in the trade with Hayti confined to any particular State or section of the United States. From other authentic tables it appears that the New England States send fish and cheap cottons,—Pennsylvania and the Western States send pork,—Vermont, New York, Ohio, and Illinois send beef, butter, and cheese,—Philadelphia and Boston send soap and candles,—while Maine sends lumber, and in times past Southern States have sent rice and tobacco.

Of fish Hayti in 1859-60 took from us 55,652 cwt., being much more than was taken by any other country, except Cuba, which took 59,719 cwt., and much more than was taken by all the rest of the West Indies. Of cotton manufactures Hayti took from us to the value of $227,717, being more than was taken by many other countries together, and nearly double the amount taken by Cuba and Porto Rico together, the two remaining, but valuable, American possessions of Spain. Of butter Hayti took 211,644 pounds, of cheese 121,137 pounds, of lard 675,163 pounds,—but of soap she took 2,602,132 pounds, being three times as much as was taken by any other country. Cuba, which stands next, took only 867,823 pounds, while Mexico took only 66,874 pounds.[281]

Such are some of the articles, which I mention that you may see the distribution of this commerce in our own country, as well as the extent to which, though pursued under difficulties, it has already gone.

The practical advantages from the recognition of Hayti were directly urged upon the National Government by one of its agents, even during the unfriendly administration of President Pierce. I refer to the consular return of John L. Wilson, commercial agent at Cape Haytien, under date of June 5, 1854, as follows.

“By a recognition of the independence of Hayti our commerce would be likely to advance still more. Our citizens trading there would enjoy more privileges, besides standing on a better footing. Many decided advantages might also be obtained through treaty, and our own Government exercise a wholesome influence over theirs, of which it stands much in need.”[282]

This is certainly strong testimony, although, when we consider his political relations, testimony from an unwilling witness. There is other testimony of a similar character. In the text of the elaborate report by the Department of State, from which the above is taken, is found the following weighty opinion.

“There being no treaty between the United States and Hayti, the commerce between the two countries is governed by such local laws and regulations as may from time to time be enacted. These are always subject to changes and alterations, sometimes so sudden,—decrees of to-day superseding the laws in force but yesterday,—that commercial interests, especially those of the United States, have been in many instances most seriously affected.”[283]

As late as June 25, 1850, a law was in force which subjected the vessels of all countries not acknowledging the independence of Hayti to an additional duty of ten per cent. American vessels, being within its operation, could not compete with the vessels of other nations, even in exporting to Hayti our own staples. Then, again, there was a tariff, that took effect in January, 1850, under which there was a most injurious discrimination against our trade. A despatch at that period from Aux Cayes to the Department of State says: “While the citizens of France are scarcely affected in their importations to Hayti, the Americans here import, and our merchants at home export, scarcely any article that is free.” And yet, in the face of these annoyances, and notwithstanding the embarrassments which they occasioned, our merchants have secured at least a moiety of the foreign trade of Hayti. With the encouragements bestowed on our relations with other countries, we shall enjoy a much larger proportion.[284]

If any additional motive were needed, it might be found in the political condition of the West India Islands, and the present movements in Mexico. Spain, quickened by ancient pride, has begun to recover her former foothold,[285] and it is sometimes supposed that France is willing to profit by imagined change of sentiment in her favor. Thus far the Republic of Hayti has been left without sympathy or support from our country. That it is able to sustain itself so well gives assurance of still greater strength, when surrounded by more auspicious circumstances. Nor is the influence of Hayti to be neglected in adjusting that balance of power which is daily becoming of increased importance in the West Indies. It may be of value to us that this republic should be among our friends, while it cannot be doubted that our friendship will contribute to Haytien security against danger from any quarter whatsoever. It will be remembered that Mr. Canning boasted, somewhat grandly, that he called a new world into existence to redress the balance of the old,—alluding in this way to the acknowledgment of the Spanish colonies. In the same spirit, and without any exaggeration, may it be said that by the acknowledgment of Hayti we shall provide a check to distant schemes of ambition, which have latterly menaced an undue predominance in the West Indies. In this view, the present proposition has a political importance which it is difficult to measure. It becomes a pledge of permanent peace, as well as of commerce; but it can have this character only if made effective, sincerely and honestly, according to the usage of nations.

Of the many colonies following our example and independence Hayti was the first, and yet, by strange perversity, is not even now recognized by our Government. We are told that the last shall be first and the first shall be last. This, surely, is a case where the first is last. It remains to be seen, if, under the genial influence of such recognition, Hayti may not become, among all independent colonies, first in importance to us, as it was first in accepting our example.

In acknowledging the independence of Hayti, we follow too tardily the lead of other nations. France for a long time hesitated, as Spain hesitated, to acknowledge the independence of her colonies. This concession was made in 1825, under Charles the Tenth, while Hayti stipulated by treaty to pay one hundred and fifty million francs, as well for the recognition as for indemnification to colonial proprietors. It was natural that the mother country should hesitate; but when France abandoned all claim, every objection to recognition by other nations ceased. Accordingly, this republic has been recognized, if not cordially welcomed, by Great Britain, France, Spain, Prussia, Denmark, Holland, Belgium, Portugal, Sweden, Hanover, Italy, and even by Austria, all of whom have representatives there, duly chronicled in the Almanach de Gotha.

Thus far I have confined myself to the case of Hayti. But Liberia has claims of its own. If our commercial relations with this interesting country are less important, they are nevertheless of such consequence as to require protection, while this republic may properly look to us for parental care.

The commercial tables by which I have illustrated so completely the relative importance of Hayti are less precise with regard to Liberia, inasmuch as this republic, owing to unhappy prejudices in recent Administrations, was not allowed a separate place in the tables, but was concealed under the head of “Other Ports in Africa.” From authentic sources I learn that the exports from the single port of Monrovia for the year 1860 amounted to near $200,000, while those from the whole republic amounted to as much as $400,000.

I forbear details with regard to the commerce of Liberia. It is enough that it is already considerable, and is increasing in value, although Great Britain, by a treaty, and the cultivation of friendly relations, has done something to divert this commerce from the United States. But it is not too late for us to enter into a treaty, and to establish similar friendly relations. If, beyond the impulse of self-interest, we need anything to quicken us, we shall find it in the judgment of Henry Clay, who, in a letter dated Ashland, October 18, 1851, uses these positive words:—

“I have thought for years that the independence of Liberia ought to be recognized by our Government, and I have frequently urged it upon persons connected with the Administration,—and I shall continue to do so, if I have suitable opportunities.”

In taking this step, and entering into a treaty with Liberia, we only follow the example of commercial nations. Nor can I doubt that we must in this way essentially promote our own commercial interests. Liberia is so situated, that, with the favor of the National Government, it may become the metropolitan power on the whole African coast, so that the growing commerce of that continent will be to a great degree in its hands.

I do not dwell at length on the general advantages from the recognition of these two powers, nor do I enlarge on the motives of justice. I mean to state the case simply, without introducing any topic which can justly cause debate in this body. It is enough that the acknowledgment is required for our own good. Happily, in benefiting ourselves we shall promote the interests of others.

There is one consequence which I cannot forbear to specify. Emigrants to these Republics will be multiplied by such recognition, while every emigrant, when happily established, will create an additional demand for the productions of our commerce, and contribute to the number of American keels which plough the ocean.

And there is yet one other consequence, which ought to be presented expressly. Our commerce will be put at once under the solemn safeguard of treaty, so that it will enjoy that security which is essential to its perfect prosperity, and can no longer suffer from discriminating duties or hostile legislation, aroused by a just sensibility at our persevering illiberality. If you would have such treaties, you must begin by an acknowledgment of independence.

Sir, there is one business only which can suffer by this measure: I mean that of counterfeit money. You know, Sir, that, by a familiar rule of International Law, declared by the Supreme Court of the United States,[286] it belongs exclusively to the political department of the Government to determine our relations with a foreign country. And since our Government refuses to acknowledge Hayti, our courts of justice are obliged to do so likewise; so that, when criminals are arraigned for counterfeiting the money of Hayti, they decline all jurisdiction of the offence. As Hayti is not a nation, it cannot have money. Such is the reasoning, and the counterfeiters go free. It is said that during the past thirty years millions of false dollars have in this way been put in circulation. A case has occurred only recently, where the counterfeiter was promptly discharged, while the witness alone seemed to be in danger. It is time that such an outrage should be stopped.

It may be said that the same objects can be obtained by consuls, instead of commissioners. It is clear that it is not the habit of the United States to enter upon negotiations and open friendly relations with foreign states through consuls. And it is also clear, that, according to the usage of nations, consuls are not entitled to the same consideration with diplomatic representatives. Their influence is less, whether in dealing with the Government to which they are accredited, or with the representatives of other powers at the same place. On this point I content myself with reading the words of Mr. Wheaton.

“Consuls are not public ministers. Whatever protection they may be entitled to in the discharge of their official duties, and whatever special privileges may be conferred upon them by the local laws and usages, or by international compact, they are not entitled by the general Law of Nations to the peculiar immunities of ambassadors. No state is bound to permit the residence of foreign consuls, unless it has stipulated by convention to receive them. They are to be approved and admitted by the local sovereign, and, if guilty of illegal or improper conduct, are liable to have the exequatur which is granted them withdrawn, and may be punished by the laws of the state where they reside, or sent back to their own country, at the discretion of the Government which they have offended. In civil and criminal cases they are subject to the local law, in the same manner with other foreign residents owing a temporary allegiance to the state.”[287]

It may be true that negotiations are sometimes conducted by consuls, but very rarely; and the exceptions testify to the prevailing policy. Ministers are the received agents of diplomacy. Any other agent must be inferior in weight and character. If this be true,—and it is undeniable,—then obviously the objects now proposed can be most fitly and effectively accomplished only by diplomatic representatives. And since what is worth doing is worth well doing, I hope there will be no hesitation. Here again the example of the great European powers may properly influence us. England, France, and Spain have diplomatic representatives at Hayti, who are reputed to discharge their responsible duties with activity and ability. All these have the advantage of subsisting treaties. Our treaty remains to be negotiated. To do this in such a way as to secure for our various interests all proper advantages must be our special aim. Any further neglect on our part can be nothing less than open abandonment of these various interests. Too long already has this sacrifice been made.

Mr. President, a full generation has passed since the acknowledgment of Hayti was urged upon Congress. As an act of justice too long deferred, it aroused even then the active sympathy of multitudes, while as an act for the benefit of our commerce it was ably commended by eminent merchants of Boston and New York without distinction of party. It received the authoritative support of John Quincy Adams, whose vindication of Hayti was associated with his best labors in the other House. The right of petition, which he steadfastly maintained, was long ago established. Slavery in the national capital is now abolished. It remains that this other triumph shall be achieved. Petitioners, who years ago united in this prayer, and statesmen who presented the petitions, are dead. But they will all live again in the good work they generously began.

Mr. President, this is the statement I have to make on this important question. As I know that the Senator from Kentucky [Mr. Davis] desires to move an amendment, I shall not ask a vote to-day; but I propose that the further consideration of the bill be postponed until to-morrow at half past twelve o’clock, when I hope we may have a vote upon it.

The motion was agreed to.

April 24th, the Senate, as in Committee of the Whole, resumed the consideration of the bill to authorize the President of the United States to appoint diplomatic representatives to the Republics of Hayti and Liberia respectively. Mr. Davis, of Kentucky, moved to strike out all after the enacting clause, and insert:—

“That the President of the United States be, and hereby is, authorized, by and with the advice and consent of the Senate, to appoint a consul to the Republic of Liberia, and a consul-general to the Republic of Hayti, respectively, with powers to negotiate treaties of amity, friendship, and commerce between the United States and those Republics.”

In the course of his remarks, Mr. Davis expressed himself as follows.

“Mr. President,—I am weary, sick, disgusted, despondent with the introduction of the subject of Slaves and Slavery into the Chamber; and if I had not happened to be a member of the committee from which this bill was reported, I should not have opened my mouth upon the subject.… I oppose the sending of ambassadors of any class from our Government to theirs upon this consideration: it would establish diplomatically terms of mutual and equal reciprocity between the two countries and us. If, after such a measure should take effect, the Republic of Hayti and the Republic of Liberia were to send their ministers plenipotentiary or their chargés d’affaires to our Government, they would have to be received by the President, and by all the functionaries of the Government, upon the same terms of equality with similar representatives from other powers. If a full-blooded negro were sent in that capacity from either of those countries, by the Laws of Nations he could demand that he be received precisely on the same terms of equality with the white representatives from the powers of the earth composed of white people. When the President opened his saloons to the reception of the diplomatic corps, when he gave his entertainments to such diplomats, the representatives, of whatever color, from those countries, would have the right to demand admission upon terms of equality with all other diplomats; and if they had families consisting of negro wives and negro daughters, they would have the right to ask that their families also be invited to such occasions, and that they go there and mingle with the whites of our own country and of other countries that happened to be present. We recollect that a few years ago the refined French court admitted and received the representative of Soulouque, who then denominated himself, or was called, the Emperor of Dominica, I think.”

Mr. Sumner. “Of Hayti.”

Mr. Davis. “Well, a great big negro fellow, dressed out with his silver or gold lace clothes in the most fantastic and gaudy style, presented himself in the court of Louis Napoleon, and, I admit, was received. Now, Sir, I want no such exhibition as that in our capital and in our Government. The American minister, Mr. Mason, was present on that occasion, and he was sleeved by some Englishman—I have forgotten his name—who was present, who pointed him to the ambassador of Soulouque, and said, ‘What do you think of him?’ Mr. Mason turned round and said, ‘I think, clothes and all, he is worth a thousand dollars.’ [Laughter.]

…

“Mr. President, I regret to have felt myself forced to speak the words upon this subject I have. I do begin to nauseate the subject of Slaves and Slavery in debate in this Chamber; and it was only because this measure has been perseveringly and uniformly opposed from the Slave States heretofore, and I know is distasteful, to a very considerable extent, to the people of those States, and because the measure, in the form in which it has been reported, would have the effect, in my opinion, to increase this feeling, that I have thought it incumbent on me to say a word.”

Mr. Sumner. Mr. President, the Senate will bear me witness, that, in presenting this important question yesterday, I made no allusion to the character of the population in the two Republics. I made no appeal on account of color. I did not allude to the unhappy circumstance in their history, that they had once been slaves. It is the Senator from Kentucky who introduces this topic. And not only this, Sir, he follows it by alluding to some possible difficulties—I hardly know how to characterize them—which may occur in social life, should the Congress of the United States undertake at this late day, simply in harmony with the Law of Nations, and following the policy of civilized communities, to pass this bill. I shall not follow the Senator on those sensitive topics. I content myself with a single remark. More than once I have had the opportunity of meeting citizens of these Republics, and I say nothing beyond the truth when I add that I have found them so refined and so full of self-respect as to satisfy me that no one of them charged with a mission from his Government can seek any society where he will be not entirely welcome. Sir, the Senator from Kentucky may banish all personal anxiety. No representative from Hayti or Liberia will trouble him.

But the proposition of the Senator makes a precise objection to the bill, which I am ready to meet. He insists that we shall be represented by consuls only, and not by diplomatic agents. Yesterday, in the remarks I had the honor of addressing to the Senate, I anticipated this very objection. I quoted then the authoritative words of Mr. Wheaton in his work on the Law of Nations, where he sets forth the distinction between ministers and consuls, and shows the greater advantage from a representation by one than by the other. I follow up that quotation now by reading from another work. It is a treatise on International Law and the Laws of War by General Halleck; and as I quote this authority, which is not yet much known, I venture to remark that I doubt if there is any recent contribution to the literature of the Law of Nations of more practical value. In a few words he states the character of consuls. I quote from him as follows.

“Consuls have neither the representative nor diplomatic character of public ministers. They have no right of ex-territoriality, and therefore cannot claim, either for themselves, their families, houses, or property, the privileges of exemption which by this fiction of law are accorded to diplomatic agents, who are considered as representing, in a greater or less degree, the sovereignty of the state which appoints them. They, however, are officers of a foreign state, and, when recognized as such by the exequatur of the state in which they exercise their functions, they are under the special protection of the Law of Nations. Consuls are sometimes made also chargés d’affaires, in which cases they are furnished with credentials, and enjoy diplomatic privileges; but these result only from their character as chargés, and not as consuls.”[288]

The Committee who had the subject in charge, taking it into careful consideration,—as I believe the Senator from Kentucky, who is a member of the Committee, will confess,—deliberately reached the conclusion that it was advisable for the United States at present to be represented at each of those Republics by a person of diplomatic character. The Committee put aside the proposition that we should be represented merely by a consul. It was felt that such an officer would not adequately do all that our country might justly expect to have done. Nor is this all. We were guided also by the precedents of our Government. There are eighteen different states lower down in the scale of commerce and navigation with the United States, where we are now represented by diplomatic representatives. One of these, as I explained yesterday, is the Sandwich Islands, with a population of only seventy thousand, and with a commerce and navigation vastly inferior to that between the United States and Hayti.

Mr. Davis. I think we have too many.

Mr. Sumner. Possibly. I go into no inquiry on that point. Suffice it to say we already have these eighteen diplomatic representatives, and one of these is at the Sandwich Islands, with a population, a commerce, and navigation inferior to those of Hayti. Besides, at the Sandwich Islands we have three consuls highly paid. If we have too many, let us reduce the list, but do not commence our economies on Hayti and Liberia.

The Committee in their conclusion followed the usage of nations, and also the example of the great powers at Hayti. In presenting this measure, I make no appeal on account of an oppressed race. I urge it simply as an act for our own good. We go about the world hunting up the smaller powers, where to make treaties and to place diplomatic representatives, under the temptation of petty commercial advantage. Thus far we have stood aloof from two important opportunities of extending and strengthening our influence. It is time to change.

The proposition of Mr. Davis was rejected,—Yeas 8, Nays 30.

Mr. Saulsbury, of Delaware, then said:—

“After the vote just taken in the Senate, I shall not trespass upon their attention, as I intended to do,—only for a brief period, however. It is evident that this bill is going to pass. I want the country, however, to know that according to the rules of the Senate foreign ministers have a right upon this floor, and we have set apart a portion of the gallery for the ministers and their families. If this bill should pass both Houses of Congress and become a law, I predict that in twelve months some negro will walk upon the floor of the Senate of the United States and carry his family into that gallery which is set apart for foreign ministers. If that is agreeable to the taste and feeling of the people of this country, it is not to mine; and I only say that I will not be responsible for any such act. With this I will content myself.”

The question, on the passage by yeas and nays, resulted, Yeas 32, Nays 7.

So the bill was passed.

June 3d, the bill passed the House,—Yeas 86, Nays 37.

The passage of this bill was felt to be an important stage in the warfare with Slavery. Governor Andrew saw it so, and wrote:—

“The triumphant and exemplary majority which the Hayti bill obtained in the Senate is most gratifying. I am greatly rejoiced. The law, when passed, will be a recognition of the Colored Man, not merely of Hayti. It is a jewel in your crown.”

Joshua Leavitt, of New York, the tried Abolitionist, also saw it so, and wrote:—

“Allow me to congratulate you on the splendid vote in the Senate on Haytien recognition. I think it shows the benefit of waiting for the right time, and then striking. This action is final in regard to the supremacy of the Slave Power. How can they administer a government that is in amity with a nation of insurgent negro slaves?”

The joy in Hayti was reported by Seth Webb, Jr., our Commercial Agent at Port-au-Prince.

“We all admire the way you steered the recognition through the Senate, and can only hope for as good a pilot in the House.

“The news of the passage of the Recognition Bill through the Senate was received here about the same time with that of the taking of Yorktown and Williamsburg, and diffused real joy among all classes. The American residents illuminated their houses, and had a good time generally.

“Your speech on the passage of the Recognition Bill attracts great attention here, and, when printed in full, will be extensively read.”[289]

Hon. Benjamin C. Clark, an eminent merchant, acting as Consul of Hayti at Boston, wrote with the feelings of an American citizen, as well as of a Haytien representative.

“The passage of the bill under your thorough exposition of the subject will be a big white stone in our pathway as a nation, and a gravestone to the vampires and Vandals who have left nothing by the wayside but works of treason leading to bloodshed and desolation.”

The feelings of the Haytien people were communicated by the following letter.

“Consulate of Hayti, New York, 26 April, 1862.

“Sir,—I have the honor to express my high appreciation of the important services you have so untiringly rendered to Hayti, for which you receive the gratitude of all liberal and benevolent persons who desire justice and political equality accorded to all men, and especially, in the present instance, to a people who, under many embarrassments, have nobly maintained their position, and are daily advancing in intellectual culture and in the refinements of civilized life.…

“My despatches announcing the recognition were forwarded yesterday by a vessel sailing directly for the Bay of Port-au-Prince, and duplicates of my despatches will be sent on Monday by a fast vessel for Port-au-Prince.

“I know the character of the Haytiens thoroughly, having lived among them some fifteen years, eight years of the time as Commercial Agent of the United States, and I can imagine their hearts swelling with pleasure and gratitude on the reception of the good news; and your name, Sir, will be held in kind remembrance as long as Hayti exists.

“Be pleased, Sir, to accept assurance of my distinguished consideration.

“George F. Usher, Hayti Commercial Agent.

“Hon. Charles Sumner, United States Senator, &c., &c., &c., Washington.”

The sentiments of Liberia were conveyed in the following.

“Washington, D. C., 10th June, 1862.

“Dear Sir,—The children of Africa all over the globe owe you the deepest gratefulness and lasting honor, for you have been most prompt and punctual in vindicating their cause, in advancing their interests, and even in suffering in their behalf. But recently you have participated in an act which touches with benignant power upon the great home of this race, and which, combining with the generous and beneficent policy of other great nations, will, without doubt, serve to stir to unusual activity and to move with a civilizing and saving power millions of human beings throughout the entire continent of Africa.

“To you, Sir, to a very considerable degree, we owe the recognition of the Republic of Liberia by the Government of the United States.

“Had it not been for your masterly policy and your wise discretion, allied to a most persistent determination, we have reason to doubt whether the Bill of Recognition would not have met with a miscarriage during the present session of Congress.

“Thanks to your fast friendship, it has not failed, and the Republic of Liberia has been brought, through wise and cordial legislation, into brotherhood with the great Republic of America. And believe us, Sir, your name and memory will never be forgotten by us. Your virtues and excellencies shall be recited to our children’s children, your philanthropic course and painful labors shall be held up for imitation to our aspiring youth, and your effigy shall adorn the halls of legislation, of letters, and of art in Liberia, with all the other great benefactors of our country and our race, as advancing civilization shall rear stately structures and noble courts.

“In our own behalf, and in behalf of the young nation we represent, we tender you cordial congratulations and our sincerest thanks, and we are, Sir,

“Your obedient servants,

“Alex. Crummell,

“Edward W. Blyden,

“J. D. Johnson,

“Commissioners from Liberia, &c., &c.

“Hon. Charles Summer.”

In the summer of 1871, the memory of this effort was revived by a beautiful medal offered to Mr. Sumner in the name of the Haytien people, as an expression of gratitude for his defence of their independence on two different occasions,—the first being the present speech, and the other a later effort, growing out of the attempt to annex Dominica, with menace to Hayti. As Mr. Sumner felt it his duty to decline the medal, the Haytien Minister placed it in the hands of the Governor of Massachusetts, who deposited it in the Library of the State-House.