The Sun.
London, England, 1863-09-25 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

Is not easy to say whether the nego-
tiations between the three Western Powers and the
Emperor of Russia are actually concluded for the
present year. There may still be something to say,
some admission to seize on, some repartee to retort,
some damaging inuendo to explain away, but for
ail that the controversy is virtually at an end. It has
been reduced to its ultimate terms and conditions, a
distinct divergency of opinion has been manifested,
and words at least can carry the case no further.
The appeal, if appeal there is to be, lies evidently
to that ultimate reason which is no reason at all,
but the arbitrament of brute force, the shock of con-
tending Powers. The point of departure was, indeed,
simple enough. The Western Po were appealed to the
stipulations of the Treaty of .1815, and contended
that those stipulations had been -violated. Founding
themselves on this view, they proceeded to require
from _Russia the compliance with sit demands on
behalf of the Poles, and an armistice for the pur-
pose of discussing these terms more at liberty.
Nothing could be more masterly as a specimen of
diplomatic fence than the manner in which Russia
dealt with her powerful and importunate adversaries.
She took a thoroughly clear and comprehensive view
of her own position. The Polish revolt, though its
causes lay deep in the crimes and calamities of a
whole century, broke out with a suddenness and vio-
lence unexpected alike by Poles and Russians, and
attributable to no profound calculation, but to a
sense of intolerable wrong and outrageous tyranny.
It found the nation unprepared, as has been suffi-
ciently proved by the event, not only to repel foreign
intervention, but even to deal with the ill-organised
and ill-combined efforts of unarmed and undisci-
plined Poland. The first great necessity of Russia
was time—time to bring up her troops from the
vast and gloomy solitudes over which they were
scattered—time to repair her fortifications, to re-
mount her cavalry and artillery, and to reorganise
her means of defence, so rudely shattered by the
terrible storm of the Crimean War. With this
clear view of her own interests and necessities
Russia acted. The first efforts of Western diplo-
macy she received with smiles and courtesy ; she
was anxious for an interchange of ideas, she was
willing to be convinced, she was ready to be per-
suaded; she led England, France, and Austria to
commune among themselves at great length as to
the terms which were to be proposed to her; and,
all this diplomatic courtesy did not in the least pre-
vent her from pushing on the war with the most
ruthless energy and wreaking on her prisoners the
most inexorable vengeance. The heart of Russia was
bleeding metaphorically for Poland, while Poland,
without any metaphor at all, was bleeding from
every pore. At last the time came when it was im-
possible any longer to defer an answer to the de-
mand of the Western Powers. The summer was by
this time far advanced, and the period for active
operations was rapidly passing away. The time had
arrived when the veil might be safely lifted, and it
was lifted accordingly. As to the interpretation of
the Treaty of 1815, Russian diplomatists remarked
that a treaty was a document which it was open to
every one to interpret as they pleased; but that the
interpretation of the Emperor was the one by
which ho intended to abide. According to that in-
terpretation, the affairs of Poland were matters of
internal government which could not be submitted
to any foreign State ; the European Congress was
therefuie refused. The pacification of Poland was
a condition necessarily anterior to any improvement
in her condition, and for that reason the offer of an
armistice was politely declined. The whole despatch
was written with a charming candour, a flowing and
elaborate courtesy, which provoked, as of course it
was intended to do, a renewal of the controversy.
Austria and the Western Powers, atter much con-
aid sration of the respective merits of separate or
identical Notes, prepared elaborate answers to the
reasoning of Prince Gortschakoff's answer, the re-
ceipt of which was, we doubt not, agreeable to him,
and the reply a labour of love. Russia has gained
help ; her preparations for war are advancing
rapidly towards completion, the spirit of her people
is rising, the Polish rebellion hes undergone some
terrible reverses, and the winter is coming, to
which Russia trusts to deprive the miserable in-
surgents of shelter, of food, and of the means of con-
cealment from an enemy who is every day press-
ing them more closely, and bringing up the
resources of half the world to accelerate their inevi-
table ruin. Now, therefore, Russia is able to speak
out, and she speaks with all the arrogance of
other days, and takes up a position which she ob-
viously does not intend to yield to any argument,
however cogent. The Treaty of 1815 does certainly
contain clauses by which the Emperor Alexander
does engage to give a Constitution to Poland ; but
that Treaty is to be interpreted, Russia asserts, with
reference to the ideas and state of things prevailing
at the time it was concluded. Armed with this
weapon, Russia proceeds to argue that at the time
of the conclusion of the Treaty of 1815 Russia held
Poland by right of conquest, and that the mere an-
nouncement of the benevolent intentions of the
Emperor Alexander in the Treaty did not give
Europe:the right to interfere in the interior affairs
of Russia—that is, to urge anything in behalf
of Poland. This claim renders all further discussion
of the Treaty of 1815 superfluous, aid leaves the
Western Powers no choice between a tame sub-
mission to the astonishing pretensions of Russia and
a European war. Russia was willing to argue on
the basis of the rights conferred by the Treaty of
Vienna so long as such argument could serve the
purposes of delay. Those purposes being now fully
served, she flings aside the question of the rights
conferred by the Treaty of Vienna altogether, and
boldly claims that whatever those rights may be
there is no European Power that can justly claim to
enforce them. Such is the conclusion to which
matters have been brought, and such are the laurels
which we have reaped in the diplomatic campaign
of 1863. France is taunted with her inconsistency
in denouncing the Treaty of 1815 as framed in a
spirit incompatible with her dignity and her inte-
rest, while she is at the same time pressing upon
Russia, in behalf of Poland, the execution of that
very Treaty. Every one remembers how at the close
of the Crimean War France sought to conciliate
Russia at the expense of those very interests for the
sake of which the war was undertaken. We have
now a proof of the extent to which that policy has
been successful. The truth is that that narrow but
fervent spirit of patriotism which has reconciled
the Russian nation to so many sacrifices and so
many miseries is once more aroused, and that
projects of social, political, and economical re-
form are willingly postponed by the people to a &-
sire to try conclusions once more with the power of
Imperial France. We must rest our hopes for peace
evidently more on the moderation of the French than
on that of the Russian Government. In the mean-
time the object has been gained, and Poland is
handed over for another six months, without a pos-
sibility of relief, to the Power against which she is
so bravely and so vainly struggling.
POST,—We have more than once directed the at-
tention of our readers to the breach of neutrality
involved in the course pursued by Lord Russell, at
the instigation of Mr. Adams, in regard to the ves-
sels supposed to be building for the Government of
the Confederate States. It is impossible to doubt
that that course has been dictated by one of two
motives, either of them utterly unworthy of an
English statesman. Either Lord Russell acts under
an abject fear of a quarrel with the North, or under
the influence of a vehement and unscrupulous, as
well as absurdly impolitic, partially towards the
Federal cause. It may be that he has been so
wrought upon by the threatening tone of Mr.
Seward as to be really afraid of war, and willing
to submit to the servile compliances exacted of him
in the hope of avoiding it, It may be that the old
traditions of his party—traditions of lukewarm
loyalty to England, and of warm sympathy with
colonial rebe's and foreign enemies—still sway his
mind, and incline him to the cause espoused with
greater openness by the democratic leaders below
the Ministerial gangway. It is quite certain that
he is not acting with honestly neutral intentions;
that he does not believe that either the law of na-
tions or the law of England, or any previous under-
standing with the United States, bind him to pre-
vent the trade in armed ships, or in ships unarmed
and the means to arm them. International law
allows trade to be as free in time of war as in time
of peace, subject only to the right of belligerents to
capture on the high seas vessels either bound for a
blockaded port, or carrying contraband of war
directly to the enemy's coasts. All that is for-
bidden to a neutral country is to make its ports the
starting point of belligerent expeditions. This
again, is all that the Foreign Enlistment Act, so far
as it applies to ships, was intended to prevent.
That act does not touch the case of ships sent out
neither armed nor equipped nor fitted out for hos-
tilities; nor does it touch the case of ships sold to a
neutral. Nor, whatever the provisions of that act,
is he bound to enforce it unless he pleases. He has
shcwn this by his conduct in the case of the Gari-
baldian Legion, and more recently by his refusal to
order the prosecution of Lieut. Styles of that force,
who was taken in flagrante delicto, attempting to
raise recruits for the secret committee which directs
the Polish insurrection. It is within his discretion
to enforce it or not as he thinke fit ; only it is clear
that he has no right to enforce it against one bel-
ligerent and not against the other, as he is doing at
present. He is in no way obliged to enforce it by
any agreement, expressed or implied, with the
United States. The Canadian rebels were assisted
by American recruits, armed from the Government
stores. The Russians daring the Crimean war
received an armed vessel from an American port,
which, by confession of the Americans themselves,
was protected from search and capture by their
cruisers. And the Americun coats heave decided

that it is lawful for American citizens to build, arm
and equip men of war for a foreign Power, provided
they do not themselves intend to use such vessels to
commit hostilities against Powers with which the
Union is at peace. Nay, when the Union was at
peace with Spain an American ship, with Ameri-
can captain and crew, was making war on Spanish.
commerce under the fief,. of Buenos Ayres, and the
Federal Court declared' her enterprise legitimate.
There is, therefore, no sort of compulsion, legal or
equitable, municipal or international, binding our
Government to present British shipwrights from
supplying ships of war, as they supply cannon, to
either belligerent. And, therefore, it seems as cer-
tiin and clear as any question of public law can be,
that to prevent the Confederates from buying in
our markets that of which they have pressing need
while we allow the Federals to purchase every-
thing which they require, is a scandalous violation
of neutrality.. If we had any treaty with America
binding us to enforce the Foreign Enlistment Act,
or if its enforcement were compulsory by its own
terms, there would be a complete answer in law, !f
not in honour, to all Federal complaints on
score; but as the fact stands there is none.