But out of the
crowning triumph of Waterloo a difficulty arose which, though it may be
difficult to characterize the principle on which it was settled, since
it was not strictly a question of constitutional, international, or
military law; and though the circumstances were so peculiar that the
conclusion adopted is never likely to be referred to as a precedent,
seems still deserving of a brief mention, especially as an act of
Parliament was passed to sanction the decision of the cabinet. Baffled
by the vigilance of our cruisers in every attempt to escape from one of
the western ports of France to America, Napoleon was at last compelled
to surrender himself to a British squadron. But, though he was our
prisoner, the Prime-minister considered us, in all our dealings with
him, as so bound by engagements to our allies, that he was to be
regarded as "the common prisoner of all, so far that we should not give
him up or release him without the joint consent of all." The question
was full of difficulty. There were, probably, very few persons in this
or any other country who did not coincide in the impropriety of
releasing him, and so putting it in his power once more to rekindle a
war in Europe. But it was a political view of the case, founded on a
consideration of what was required by the tranquillity of Europe; and it
was not easy to lay down any legal ground to justify the determination.
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