The Express.
London, England, 1861-12-10 00:00:00

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LONDON, TUESDAY, DEC. 10.

AT the Conference at Paris, in 1856, the
British Plenipotentiary raised a discussion re-
specting the beet means of terminating the differ-
ences that arise from time to time between the
Powers, and are capable of becoming causes of war.
The Ministers of France and Russia, and, indeed, of
all the States represented, strongly supported the
reasons set forth by one of the representatives of
England, in favourof the substitutiou of international
arbitration in the first instance for rough and ready
resort to war. Lord PALNILISSTON was then at the
head of the administration of thin country, and it
is highly to his credit that he should have directed
our Ministers at the Congress to initiate a proposal
worthy of • great Christian people. After some
discussion, on the 14th April, the 23rd protocol
was adopted without any dissent, containing
amongst other things the following
" The Plenipotentiaries of all the countries
" represented in Congress do not hesitate to ex-
" press in the name of their Govenimenta the
"confident hope that the States, between which a
" serious disagreement shall hereafter arise, shall,
" before appealing to force, have recourse (so far
" as circumstances may admit) to the good offices
" of some friendly Power.
"MM. the Plenipotentiaries express their ex-
" pectation that the Governments not represented
" in the Congress will associate themselves with
" the policy which has inspired the declaration
" recorded in the present protocol."
We have here a great and comprehensive
principle laid down, from which let us hope few
Governments of Christendom will ever show a
disposition to depart. International law, if it
means anything, means the mutual imposition of
salutary and merciful rules of conduct, which serve
se checks upon the exercise of overbearing force,
and defences against systematic oppression or
occasional surprise. Its rules are the embodiment
of valuable principles, principles of humanity and
justice; they require, however, as all laws do,
adaptation and development, according to the grow-
ing wants of the time. But their capability of en-
forcement is measurable in every case bythe degree
of assent they command from public opinion ; and
public opinion, in its wisest and most comprehensive
sense, seldom errs, because it seldom fails to reflect
the instinctive sense of truth and right. The re-
solutions above quoted are eminently deserving of
remembrance at the present moment. At the end
of a great war in which we were victorious, Great
Britaiu, far from exulting in her strength or her
encases, desired to make a votive offering to
Christendom of • portion of that imperious will
upon which no other Power could undertake to
impose the limits without her consent. She
offered, spontaneously, to forego the right of exact-
ing sudden retribution for offence or wrong, in-
viting her equals and allies on their parts to do the
same. Her good example mimed to prove conta-
gious. All the chief Powers of Europe signified
promptly, and without reserve, their concurrence,
and bound themselves, so far as solemn declarations
in the fare of the world can bind civilized States,
not to make war thenceforth upon one another,
without having recourse in the first instance
to the peaceful arbitrament of some neutral
neighbour. Nor did they atop there. The l'owers
which signed the protocol at Paris, though forming
a decisive preponderance of Christian nations, had
no desire to limit the beneficent influence of their
decisions, but took care, in most explicit terms, to
invite the adhesion of all other States, and to in-
clude them, though unrepresented at the Congress,
within the beneficent range of their propositions.
The Government of the United States took an early
opportunity of signifying its full appreciation of
the utility and humanity of what had been dross,
and its readiness, ou all points save one, to es-
dors, the Protocols of 1850. We have frequently
had occasion to discuss, upon its own merits, the
nature of the reservation thus made, and it is not
necessary to do so now. Our object in recalling
public recollection to transactions five years old
is to point out tho way which the good
sense and good feeling of our own Govern-
ment has happily provided betimes for
the honourable solution of disputes with
other Powers, without having recourse in the first
instance to the sword. The difference now pend-
ing with the United States is the first of serious
moment that has arisen between us and
any other Power since the deliberate adoic
tion of the principle of international arbitration to
which we have referred. For the sake of America
herself, and of the moral influence we desire
that she should always possess, we hope that
she will waste little time or temper in extenuating
the act of the captain of the San Jacinto. Goo
knows she has neither time nor temper to spare
just now for idle and irritating controversies. All
her energies are needed to maintain the great
position whom stability is threatened by the revolt
of the slaveholding class of her citizens ; and most
reluctantly should we be drawn into contention of
any kind with her in this day of her trouble. But
if contention there is to be, let it be one of inter-
national litigation, not of fratricidal force. Both
parties are morally bound, as we have shown, to
seek the intermediary good offices of some friendly
Power.

Happily there is a precedent for the adoption
of this course by England and America. At
the end of the war, in 1814, some (I WilatiOna
were left nnsettled, on others a specific agreement
wee conic to, and i n that which related to the dis-