The Sun.
London, England, 1863-01-05 00:00:00

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the absence of international law of a sanction in the proper
sense of the term, is a duty, in a certain sense, ®f perfect
obligation. In municipal law the sanction is perfect; in
international law it is only in a sense perfect. The imper-
fection does not, however, destroy, for practical purposes,
or throw down the partition-wall, thin though it way be,
which separates international morality from positive inter-
national law.

P1L1CE..... -..4d.
STAMPED ....5L

These observations bear very materially upon the ques-
tion as to how far a neutral may, consistently with his
neutrality, furnish belligerents with the muniments of
war. A writer in the Times, in a letter signed " Histori-
ens," has by no means done full justice to M. Haute-
feuille, the adviser of the French Government, or to the
Queen's Advoente,in his criticisms on their discussion of this
delicate point. The manner in which M. Hautefeuille treats
the whole subject ie, it is true, quaint, if it may not be
styled even priggish. He treats the question ,in the first place
by what he calls the " primary or the divine law," and then
he considers how far the "secondary law" is in accerdance
with the requisition of the former. A very little observa-
tion will lead any one to see that, by the divine law, he
means the dictates of international morality, and by the
secondary law, merely the customary usages of positive in •
,ternational law. His method is sound, though exceptions
'maretsen b token to his positions. But it is idle to sneer
at the work of Al. Hautefeuille. It is an honest, careful,
and most laborious production , the opinions of of her ve!it crs
aro stated by him with rewarkable fairness, which of itself
is a great merit in a subject of so slippery a nature as inter-
national law, and are discussed with extreme impartiality.
_
book is a complete repository of all the learning on the
subject. The failure of M. Hautefeuille, where he fails,
arises
wish
from
etuhdee faavcotu
rt h at
tot hepl e
ea t eimn
tpetrsn taot oi n
am
lu clha —w f
ur opmo hisae
sveeireyntifi e
slighta batacqiusztauthacteown
iwthhtihche
fimrunst iperipinaelipllaews
erenst. A
whichs
every systarofjurisPrudence is based, is enough to show
that this is the aim of hie Work. If he fails it is because the
object
an e
system
of law which hangs for
its
mouth cannot well be scientific.
He is, however, well entitled to respect for his learning,
sit s
sanction
impossible o
n the c •;am foerif as
and for the fearlessness with which he expresses his opin-
ions. At all events, he is entitled to have his opinion fairly
quoted. Now, in the chapter as to whether it is an rumen-
tral act in the neutral to sell muniments of war to the belli-
gerents, M. Hautefeuille does not say, as he is represented to
do by the writer in the Times, that the neutral government
is bound to prohibit and prevent its private subjects
from selling, in its own territory, muniments of war to one
or both of the belligerents. What he says is, that, on the
ground of international morality, the sale on the
neutral territory of than articles by private subjects
is, in fact, a violation of the precepts of that higher
law; and, being so, he concludes that a belligerent might
be justified theoretically, upon grounds of international
morality, in regarding
the breach a cases ; but
he adds that, practically, a belligerent will, as a general
rule, in almost all cases, rather submit -to an infraction of
the higher law than take this step and thereby bring upon
his shoulders another belligerent. More than this, M.
Hautefeulle does not say, nor is the deduction which has
been made from his remarks legitimate. His treatment of
the matter is a mere theoretical discussion; he does not in-
culcate on the neutral Government the duty of preventing
its subjects from selling in its territory muniments of war
to a belligerent. The motive of his discussion is the ques-
tion whether acts of the sort would, under any state of cir-
cumstances justify the other belligerent as a cases
We confess that, to our minds, the theoretical question is
somewhat an idle one, though a writer who aims at a scien-
tific treatment of the subject could hardly have passed itby.
The Queen's Advocate discusses the subject muck
in the same manner as M. Hautefeuille. What
is with the French writer the "divine or primary
law," is with the English jurist the principles of uni-
versal justice. A captious critic may perhaps think
that universal justice is rather a broad and sweeping term ;
but the Queen's Advocate, if he errs, errs in common with
a great man and a great judge, and uses language which has
been already employed by jurists and diplomatists. Lord
Redesdale, that great master of equity law, in defining the
limits of the jurisdiction of the Courts of Equity, says that
they are only bounded by the requisitions of universal jus-
tice; and the British Minister, Mr. Hammond, in discus-
sing with the American Minister in 1791, questions of in-
ternational law, almost uses the same words. Probably we
should prefer the phrase " international morality;" but the
Queen's Advocate, when he speaks of " universe! justice,'.
means nothing more. In the few pages which he devotes
to this special subject he treats it, like M. Hautefeuille, on
the purest theoretical grounds of international morality ; and
though he thinks with M. Hautefeuille, and with the com-
mentators of Valhi, that the sale of muniments of war is a
breach of that higher law,he does not in anypart of his book
assert, as he has been represented, that the sale of contraband
articles by the private individuals of a neutral nation ae
pure cornmeroial venture to either or both of the bellige-
rents, is an act which the neutral Government ought to be
called upon to prevent. The distinguished position which
the Queen's Advocate occupies, as the chief adviser of the
Government in matters of great difficulty, entitles him to
every courtesy. His work on International Law is to a de-
gree honest and laborious. Indeed, the authorities cited by
" Historicus" in favour of an opinion which the Queen's
Advocate probably never meant to dispute, are almost all
derived from his pages. The sale of contraband to the
belligerents by the neutral is perhaps of all the
questions of international law that in which the
line of demarcation between international morality and
the positive international law is the most obscure. It
does not follow, that because an act may be internationally
immoral, it ought, therefore, to be prohibited by posi-
tive international law. Slander and abusive language
are immoral, but they are not, except in certain cases, vi-
sited by the sanctions of positive municipal law. Similar
difficulties occur in international law in determining where
begins.test
of
th Thee apertfuna:fpcl conduct ohfi
enations
aicst,
international morality ends and positive international law,
psuerchheapse: tthise,hest
in deciding this question. AU jurists are, we believe,
agreed in the doctrine that the sale of muniments of war,
such as powder, shot, etc„ as a commercial adventure, is
not a violation of international law. M. Hautefeuille and
the Queen's Advocate, when they seem to disagree, only
do so upon the purest theoretical grounds. Their argu-
ment refers, not to the practices during war as they are, but
to the practices as they should be under a perfect state of
things which is far from being realised. The want of power
in the neutral to prevent the sale, and the unreasonable-
ness of the demand on the part of the one belligerent in
requiring the neutral to prohibit the sale to the other belli-
gerent of muniments of war as a pure commercial adven-
ture, are the reasons which have led to the establish-
ment of the present doctrine. Questions of convenience,
and a general balance of the conflicting rights, lie at the
bottom of the rule, which appears to be now fixed upon it
incornni",„praiPlYtarrieethat
very reasonable basis.
" Our citizens," said Mr. Pickering,
"have
Bri-
tish Minister, Mr. Hammond,awrinhos had
and
anthdeenixpotrot Farrmansc;e'it is
French agent was buying up
always been freeite-meak°e-vand'
accoutre-
ments with ,the :hatentsto export
livelihood of aneint#
the
them. To
constant occupation AO
suppress their callings, the only means **Os of their
subsistewo mouse a war 'exista feed distant
con vee have no coneerizkYtoi*fiparcely be
expeoW. It,would be hard in principle i possible in
practice."--American State Papers?, 26th lan., 1796.
The quotation which has just been made.shows that such
questions are not new. A long corresponpence arose upon
this sultin 1794, when war broke out between France
and En , d, America beiag neutral, and was continued
during 1795 and 1796. The correct
fore us in the American State P

into line. They thus formed three parallel lines
facing southward, and covered by the Rifles. The
cavalry advanced in open column of troops from
the left, and the Carabineers and 13th Hussars
threw out pickets and videttes in the direction of
Fleetpond. The artillery had taken up a position
on the summit of a hill on the north-west, where
the troops first formed up covered the movements
of the other arms. After a brief interval the videftes
were recalled, the Cavalry Brigade formed line in
the valley, retired by alternate squadrons, and re-
formed line on the right flank of the infantry, which`
now changed position to the right. The right was
thrown back, bringing the rear of the Ist B
parallel with and close to the Farnham-road, with
the 2d and 3d Brigades at equal distance in front,
also in line. The Lancers advanced from the cen-
tre, and charged to the front, halting on the hill
where the first formation took place. Two squa-
drons then pursued, corresponding the whole of
Cove-common, the regiment being supported dur-
ing this operation by the 13th and Carabineers.
The right squadron of the Carabineers then
pursued to the right of the 12th, covering
the front of the infantry. The pursuing squa-
drons next re-assembled, and the 12th advanced
at a gallop, halting as the 6th and 13th
came up and formed line upon their left. The
infantry advanced in echellon of regiments from the
right of each brigade, halted and formed squares,
eventually reforming into column. This closed the
day's proceedings, and, after a short delay, the divi-
sion marched homeward. The movements through-
out were exceedingly well executed.
The 10th company of Royal Engineers, now sta-
tioned at Aldershot,is wader orders to Judd itself in
readiness to proceed to Chatham on Thursday. The
10th company will be replaced at Aldershot by the
2d company from Kensington.
The Deputy-Adjutant-Gen. Col. C. Bingham, in
a general regimental order of the Royal Artillery,
dated the Ist inst., makes the following announce-
ments :—Second Capt. S. N. Portlock Dadson, 7th
Brigade, to be Adjt., Depot Brigade, vice Lieut.
H. Brackenbury, appointed to a company of gentle-
man cadets; Second Capt. F. L. H. Lyon is ap-
pointed to the Royal Horse Artillery, vice
Brevet Major Goodenough, who has resigned his
appointment therein, and is posted to G Battery,
Bth Brigade, in place of Lyon; Capt. De Moleyns
is appointed Gunnery Instructor to the 7th Brigade,
and Capt. Tupper to the 2d Brigade. Second Capt.
A. W. A. Ogilvie is transferred from the depot to
No. 6 battery, 7th Brigade, in the room of Captain
Dadson. Lieut. R. D. E. Lochart, 13th Brigade,
is raised to increased pay, vice De Moleyns, pro-
moted. The officers commanding Royal Artillery
at the stations and in the districts concerned will
obtain the sanction of the officers commanding the
troops to the following removals :—Capt. Carey,
from Woolwich to Corfu; Second Capt. De Moleyns.
from Dover to Wool with ; Second Capt. Lyon, from
Ireland to Woolwich; and Lieut. A. J. Saunders,
from Woolwich to Portsmouth. The following
officers have been posted as under—viz., Quarter-
master Robinson to the 18th Brigade ; Quartermas-
ter Parkes to the 21st Brigade; Quartermaster New
to the 4th Horse Brigade; Veterinary-Sur. Mar-
shall to the 4th Brigade; and Veterinary-Surg. Wal-
ters to the Bth Brigade ; Lieut. N. M. Burt is trans-
ferred to G. Battery, 11th Brigade; and Lieut. A.
J. Saunders is transferred to ;No. 7 Battery, 6th
Brigade. The following appointments and removals
of master gunners have been approved--viz., 'Ser-
geant J. Agnew, of the Depot Brigade, to be master
gunner of the 3d class, at Shornmeade, vice Skelton,
pensioned ; Sergeant George Kerr, of the Coast
Brigade, to be master gunner of the 3d class, at
Broughty-castle, vice George Alexander, whose
appointment is cancelled.
The examination of candidates for commission in
the Royal Artillery and Royal Engineers for admis-
sion to the Royal Military Academy, Woolwich,
under the Horse Guards regulations, dated May 5,
1862, will commence at Chelsea Hospital this morn-
ing before Major-Gen. F. W. Hamilton, C. 8., Vice-
President, and the members of the Council of Mili-
tary Education. The examinations will occupy
the whole week.

Recruiting for the depots of those East India
and British depots at Chatham, the service com-
panies of which regiments are below their proper
strength, has proceeded rather more actively during
the past mouth, and a number of fine young men
have been sent up to Chatham from the various
recruiting districts. It is, however, a remarkable
circumstance, and one which has caused no incon-
siderabie surprise among the military authorities,
that although there are at present several thou-
sand young men in enforced idleness in the cotton
districts in the north of England, the number of men
offering themselves for military service from the
towns and districts in Lancashire has hitherto been
exceedingly small, the recruits who have arrived at
Chatham from that neighbourhood, which may
be taken as a fair index of the numbers join-
ing at the other large military stations, being
little, if at all, in excess of those entering the army
from those districts in ordinary times. It is observed,
too, that nearly the whole of the recruits who have
recently joined the Royal Marines have been sent
up from the central and eastern districts of England,
comparatively few having joined that branch of the
service from the North-western counties.

moment both amusing and insk
tables aro turned, and the neutral o)
ligerent of our own time. The bel

were not more modest and forbearii

it is the usual custom of belligeren,

manded that the United States shoe
to the French. France demanded
should not allow their citizens to

lish. Our limits prevent us from no

this correspondence than a verythe French
Pickering, the Minister of State, i"
Minister. This letter is
so r important that it has been
ot,
as one of the letters which
cited by that greataglor ; ll
establish the rule " the neutrals may lawfully sell at home
to benigorent user, or carry themselves to the bel-
ts, contraband articles, subject to the right of
ligerent pow. „
seizure in trans"", The jurist cited by Mr. Pickering in
that letter at considerable length, and spoken of ,by him
in terms of respect, is Galiani, who, on the other hand, is
described by " Historicus" as " a mighty foolish" author.
Adel had, in his letter which called forth the letter of
Mr. Pickering, appealed to Galiani in favour of his own
position. Galiani therefore, has had the enviable and rare
distinction among international lawyers of being admitte
by France and America to be a decisive authority on a com-
plex and intricate point. It may not be out of place to say
that the writings of international lawyers are, with hardly
an exception, coloured by the sentiments and the prejudices
of the nation of which the writer is a member. Natives of
powerful maritime states are almost all iu favour of ad-
vanced belligerent rights, while the natives of weak mari-
time states are in favour of the rights of neutrals. The
proof of this remark might be followed out without any
difficulty. We make it to prevent persons who have not
looked closely into the subject from being led blindly along
by a string of authorities on any point of international law.
It must not be forgotten that international law, as well as
upon any other branch of law, one good authority is better
than a dozen indifferent one. The diffictilty, how ever, is
the determination of which is the good authority, Each
man is too apt to fly to the one which supports his own
views and p anders to his own prejudices, and to trumpet
that one forth to the world as the embodiment of wisdom.
A better field for the exercise of this common proclivity of
human nature could hardly be found than is offered by in-
ernational law.

FATAL ACCIDENT.—On Saturday a young man
engaged in repairing the roof of a house in Daulby-
street, Liverpool, slipped his foot and fell. In falling he
alighted on the spikes of some railings in front of the
house, by which he was impaled, Death ensued almost
immediately,

t.ondence, which lies,
'apers, is at tb.;.
itructive, now thik
of those days is
lligerents of
ing in their
me to he. -
mid stop ' 'jes
that •:. Eng.
sell y~pyother part of
P rtiat letter of Mr.
izao
to AT. Adet, the FrAnrh