The Sun.
London, England, 1863-12-19 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

POST.—If there is any principle of international law
more universally recognised, or mote clearly understood
than another, it is that on which is based the supremacy of
a State within its own dominions, and its powerlessness
within the territories of another. This may be regarded a,
the common law which has been binding amongst nations
from the earliest times, and it has been binding amongst
nations from the earliest times, and it has never been sub-
mitted, by the force of stipulations, to any modifications.
The corollary—from the principle that as a State is only
supreme within its own dominions it can only legislate for
its own security—has, however, in modern times been
overridden by express treaties between different States. It
seemed monstrous that a malefactor should be able to secure
an immunity from well-merited punishment by simply
crossing the frontier of the State in which his crime had
been committed; and, accordingly, many States mutually
agreed between themselves that in certain instances they
would seize offenders, and deliver them up to the authori-
ties of the State in whose dominions their offences had been
committed. In all such stipulations, however, the majority
of States have been most careful to provide that from the
class of persons thus made liable to arrest and extradition
political offenders should be excluded, as attempts to over-
turn the established power in a State are peculiarly sui
generic; and as the right to make such attempts ifi claimed
by every people not sunk in a state of servitude, it has been
felt that the unsuccessful revolutionist is entitled to seek a
refuge in a foreign kingdom, against the spirit or the letter
of whose laws he can have in no way offended. This prin-
ciple, that a State is only entitled to employ its powers for its
own security and for that of its citizens, has, however, in
some few instances, received even more serious modifications
than those arising out of the conclusion of extradition
treaties. States have gone so far as to make acts punishable
which are committed beyond their dominions, and have
rendered penal, acts committed within their own territory
when in their nature innocent as regards the States in
which they aro committed, but hurtful in their tendency to
some foreign Power. Of the first class an example is fur-
nished by the English statute which renders a British sub-
ject who commits murder in a foreign State amenable to
English jurisdiction; and, of the latter, the Foreign En-
listment Act offers a striking illustration. All legislation,
however, the special object of which is not to secure respect
or obedience for the constituted authority of the State so
legislating is also watched with jealousy by those who
are conscious of the abuses to which it tends. Some
of the Governments of Western and Central Europe
have, however, in recent times, attempted to establish a
system of what may be styled mutual protection, which is
completely subversive of those general principles of inter-
national polity to which we have just referred. So far back
as the year 1815, Russia, Austria, and Prussia formed what
was termed the Holy Alliance, which, whilst professedly
based upon the purest principles, it. effect established a joint
system of government directed against the liberties, such as
they were, of the three nations. Bat although the Holy
Alliance no longer exists in name, the same principles on
which it was based are still recognised by the respective
Governments of the three above mentioned States, and spe-
cial conventions have from time to time been agreed upon,
framed in the same spirit which called into existence the
Holy Alliance half a century since. A few months after
the present Polish insurrection had broken out, the world
was astonished to hear that a Convention had been entered
into between the Prussian and the Russian Governments,
by which the former bound itself to deliver up to the
latter such insurgents as took refuge in Polish territory,
and, it was even said, had agreed to permit Russian
troops to pursue and seiz) the refugees upon Polish
soil. At that time the conduct pursued by Austria,
to all appearances contrasted favourably with that
of the chief of the Liberal Powers of Germany,
as the former, though discouragiag the insurrection, and
arresting and disarming such of the insurgents as
crossed the Galician frontier, did not deliver the refugees
into the hands of the Russian authorities. Although Aus-
tria is entitled to credit in not having followed in the foot-
steps of Prussia, it now appears that in some respects her
conduct has not been less reprehensible than that of the
other German Power. The charge which is now advanced
against the Austrian Government,and which Lute originated,
not in a foreign State, but in the Reiehsrath at Vienna, is
that it had by decree brought Russia within the protection
of the Austrian criminal law, and applied such law against
persons resident in Galicia for offences alleged to be com-
mitted endangering the security of the Russian Govern-
ment. The subject was brought before the Reichsrath by
a Galician deputy, who moved for a committee to examine
and pronounce upon the legality of the Ministerial decree
which thus extended to Russia the protection of the Aus •
trian criminal code in reference to offences committed on
Austrian territory. The motion, though vigorously opposed
by the Government, was carried by a small majority; and
as the deputies appointed to form the committee are known
to be strongly opposed to the Convention with Russia out
of which the decree sprang, it is probable that it will be
pronounced illegal. It is but just to say that the Conven-
tion and the decree date from the year 1860, and have not
been called into existence by the present disturbances in
Poland. But no excuse can be offered for the manner in
which the Austrian Government has used the extraordi-
nary powers with which it seems to consider that it is in-
vested. According to the statements made by Dr. Zyble-
kiewicz, the deputy who moved for the committee, no less
than 2,000 persons have been imprisoned in Galicia during
the past 10 months for offences alleged to have been com-
mitted against the Russian Government, the population of
Galicia being only five millions. The ordinary criminal
courts are not sufficiently numerous to discharge the
duties thus thrown upon them, and additional district
courts have been established. The arrests are arbitra-
rily made, and the prisoners are confined for months
before they are even made acquainted with
the nature of the offence of which they are accused. Some
have been detained as long as seven months, and have then
been discharged in the absence of all evidence to criminate
them. Prince Sapieha was arrested six months since, and
has not, up to the present, been either tried or examined.
These facts, incredible as they must seem to us, and
astonishing as they appeared to the Austrian Reichs-
rath, were not contradicted by the Government. The
statement of Dr. Zyblekiewicz, that the number of arrests
was on the increase, no doubt impressed upon the Chamber
the necessity of taking measures at the same time to protect
Austrian subjects, and to save, if possible, the honour of the
Austrian nation. There can be but little doubt respect-
ing the course which will be pursued by the committee.
The Ministerial decree will be pronounced illegal, and
Russia will be left, so far at least as Austria is concerned,
to depend for protection on her own code of laws, and on
the military satraps who so vigorously administer it within
the Russian dominions.

Tr3tEs.—A short paragraph in the summary of West
Indian news which we publdisilhwrveehhediactlhionproWpoerdtnioensdsatyhistouches
oln7tha subject which
dwthhicehtinmeearolyf
ecaocnhcesritntsinogur Transatlantic colo-
nies, and may before long assume an Imperial interest.
The Demerara Court of Policy met on the 9th and the
dis-
cussions on the Immigration Question,wwahsic°hceluePc.l7ldiobwyever
to no definite result." This " Immigration Question " is
no other than the question whether the colonial Govern-
ment is to encourage the importation of free blacks from tho
Northern States of America, and thus help to relieve Mr.
Lincoln of his greatest difficulty. The reason why it was
ywc:hl oiotn ya.l
always
3' 0,
which, under the name of the Court of Policy, still retains
debated without any practical result by
ertaNhloleofy Councilshtraatvn:iae ronspf,aaltaru'
tnerinetai
31
much of the Dutch character is simply that it involves diffi-
cult problems of the most vital importance
elements,
les, officials,oetoii
et ast
the class of labourers, the competitiongen
especially of strangers who have been used to work for
nothing, must always be obnoxious. To the employers
of labour the command of
E ivree(S)s,
responsible
,tehnisntit,bgs
etphtooewtoehnree at
rcducod rate must, for the converse reason, be, a
formimmediate
a
personally
consists
yosa
yTyt
sno
of thetw colonialo great
makes
anotherp littleol i y dai :me Demeraraor
members are
No;:, the Court of
aipnpreeplVoin,itnialte;odbnubttyoputtbhhleeiccGfouonsnyceertrinvoamntaievrnieet
iaaned.
five
offi-
cial, the other representative.
Assem-
bly was divided on the labuuratquestion.
that the majority of the employerse, ve
.are chosen by
elec-
tors. We are not informed•in
the Governor undertook to on
his
ibs
own
find iknowledge,htaot
immigration, wo LlaY fairly conclude that the non-cffiztal
were unfavourable.