The Sun.
London, England, 1841-03-26 00:00:00

137 ENIN G EDITION

AUTHORITY ABSOLVE
FROM RESPONSIBILITY?

TO THE _EDITOR OF THE SUN.
Exf!lliiiter and the Moritiv Chro-
Ncle
-upported by some authorities, concur in
uirlg that when an ()dicer obeys the commands
ts superiors, he is exonerated from all fespon-
,l_l-mity- to other tilbUlliitS. As this seems to nte
the doctrine of military obedience too
lii°trearry
i' mast quote` tit, remarks of your two Con-
te
i,P Qraries, that I may ruts no risk of misrepre-
1, 'dug them. The passage from the Examiner
4us thus :-----
-11, both the Chronicle and the Globe imputed to us the
°inion th •
c01,d4 at, if the seizure of the Caroline be unlawful, the
..)ct of ali those who participa-ed in it, though acting un-
orders of their military superiors, was consequently pu-
aele ; and a correspondent of the Globe has quoted Cfan-
'Cot. K
gkiit
.„ent s great authority to prove that an alien cannot be
14,1% piracy if he act 'under the ()piers of his Govern-
i';`olv ou this subject we have given no opmion.what-
‘tevvi:alive stated that if Mr. M-Leo-1 failed vin proving an
the tour e will plead the orders of Mr. Macnab ; that we hope
iliteation allow the plea, but that that is a purely legal
iheide_ar: quite ready to state what our opinion is ; and it co.
the plea With that of the correspondent of the Globe. We think
ltt valid; and th• t contrary would destroy mi-
!r:4Z
,sheklitt-o, and convert war into ;series of deadly feuds,
liable t the military servaws of every nation would be
0, civil execution for military services.
passage of the Cl/troll/de is this :
clea...P:l. grounds which our Contemporary states with sufficient
that it would be absurd to hold an agent responsible for
`Mato v,"11 he th,es under the authority of h:s superior. " The
4ch Whom th.• Commission is granted," says Dr. Wheaton,
the American Minister at Berlin :—" The State by whom
for mi;lllll.nission is granted being responsible to other nations
jurisvdf(tteti s done by its commissioned cruisers, has the exclusive
tohmu,on to try and punish all offences committed under
finnule its authority." ( Wheaton's Principles of Interna-
giv rt
en vol. i., p. 16.3). The British Government having
tboleiottinonLitleo
try
nma i mission under which APLeod acted, is responst-
,ll/4 - Federal Government, but has itself exclusive jaris-
punish whatever was unlawfully done under
theb.r°l it, authority. So that M‘Leod, as 2n agent doing
butlaid "mg uf a lawful superior, is not responsible to any t!l-
-jutisd o
!”d whever is reonsible is amenableto the exclusive
124etion of the State that commissioned him.
titio ,e -Examiner has already seen reason to
itY, and thereby retract, some of its expres-
hQns 011 this subject, and I shall not, therefore,
4,a,.,_surp:isud should it, after reading my re-
“"st qualify and retract more. It is clear
inert both passages go the whole length of assert-
that whatever a proper authority orders
WhnitarY men to do, without any reference to
' to 't that is, they are answerdole only to it, and
Other tribunal. It releases them from
io, 3 other jurisdiction and responsibility-. Pass-
te over the particular case under the discussion
itoPtir Contemporaries, which is one of doubt,
Ste s "bjtaliee, I wish to ask, if the order, in-
of being to destroy a piratical vessel, lir
utltil to capture the Sheriff of New York, wit -
we anY declaration of war, and one of those who
te to execute it had been taken in the at-
tvoiniTtt after murdering- an unoffending citizen,
atit7"l not the New York authorities havebcen
eriurised to try him fbr the murder ? I ant in-
eed to suppose that they would; and the de-
, -i'vratioit of the British Government that it had
5,4 en the order, neither could, nor ought, to
btjjet, th,e offender from punishment. If it were
se, I see no reason why some detestable
tf)°vernment might not commission individuals
N corm-nit assassination in foreign countries,
piet()) when they were apprehended, might
Alialci the authority of their Government. Major
of }tie, in remember right, had the authority
Government for playing the part of a spy,
hil
th., ne was, nevertheless, executed. It is plain,
star ore', and to be recognised, I think, in the
qt;elftent of the Eraminer, that the orders of a
atijernment will only justify the common and
IhilLniscd practices of war. That is the proper
44cd'tion, and it follow,_, I think, that each in-
kl;',4nt soldier and officer, is bound to know
.are those authorised practices, and to be
Ns'`lll only to execute orders that do not over-
s them.
l's;°r can I believe that this doctrine would not
to
tys some good results. If, as the Examiner
fetiwould convert war into a series of deadly
543) would it not tend to prevent wars of
faression. Suppose the Marshals and Generald
%deers of Bonaparte's army, who were con.ctuere
Ptured after his marauding expedition to
toh,"Py had been held responsible for the murders
grit had
by their master, and had been hanged
knelons, would it not have made all future
tho;suals careful at least as to what wars
1,4; engaged in, - satisfying themselves that the
Itoh- lw,as -Just, or making quite sure that they
Attie neither be defeated nor captured. I am
lityeil,n'tfraid that this doctrine of non-responsibi-
Pei,: the servants of Governments to any other
tlie--ns or any authorities than the Governments
orrelves, excluding, of course, the authority
late son, nature, and God,- is fa' r better calcu-
t,o secure immunity for their sometimes
titlY Instruments, than to promote the welfare
e rest of mankind. It constitutes Govern-
j.,ts,the sole judges of what is right and wrong
res,.e'r own cases, and releases them from all
th4Vlsibility to the public. However pleasing
111„a37 be to them, it cannot be for the advan-
ek- those over whom their instruments may
4urlelse their power. Through your enlightened
ProtTal, then, I beg leave, for one, to enter my
,4e t'hst against the doctrine, however great may
44;',e names that sanction it, though I never
qt,\;' 01 Dr. Wheaton before, that the State or
ora ernment which grants commissions or gives,
has the exclusive jurisdiction to try and
4141M' offences committed under colour of its-
vrltY, and let me add by its authority.
Your obedient servant,
P•S CIVILIAN.
a4hlect I think all men are interested in this
as the question at issue is whether civil
hit r,""ItY, which is the law of reason, shall- pre-
-1`,1q,-„ver military authority, which is the law of
NC'ee ; the one requiring nothing to •be done
%hi hat the agent himself approves of, the other
obediencettionsellilig without consulting his opi-

LITERATURE.
WORKS OF MONTAIGNE. _ PART I.
Templeman, London, 1841.
than Forks works are more deserving of republicatioin
tl':neottote- Translation of the Essays of Mor
delightful production, for the trans-
-1)08s I:ad almost every requisite' for. the task,
ItNiessing, in addition to his various inform.ationt
4ittintiljtthral liveliness of fancy, much 0. tbtllisa
4(itn'inrieitY and bonhommie of character which
so much in the original. The Editor of
e
riyit;treserit Edition announces—as we perceive
111 " Prefatory address—h;s intention of alter-
-11 °l.l's version, on the plea that it is fre-
Isili Y careless and inaccurate; we hope he
Rot he too liberal of his alterations;
(-1 With all its faults, the translation
l',.„Allestion is an admirable one, and it is not
ilkely we shall get a better. As regards
he Z'ginal, we are, it seems, to have, not only
14evisssaYS of Montaigne, but his letters also,
Isilif,Ter with his journey through Italy,
!he tis,are to be duly illustrated with notes. Witl
-Nu •'aYs only of this celebrated writer we are
410raillted, and of these we may say, thatbfevey
ever e attractive works of the kind. leave ,PPeared in print. Their style is cony elr,,
44,4 without being unduly negligent or p eo
Nseri°; they are full of egotism, but of the mostibi
ll and unaffected 'character ; and exhibit
nt indications of subtle and ingenious,.
4,llll.l`tiot very bold or profound thin ,-
1114- 'tont...lig-lie is the best of all Tt-
'l4 ateto lounge over by one's; snug fire-side
e is easY arin-chair, for, in the first place,.
anything but a. precise formalist
3",(311,1,-etsr,,• and secondly in taking up his.volume,
Is`';l).,-,',eq not begin with the beginning, but may
uli4l„to it just where you please, and so go ram-.
PL°,45 now hurrying forward, now going baick.
c;4l)ri'"o- °r two, as may happen to thie.
b'k(!eueiis Or indolence of the moment. -With t
c,'-'°s,o';„ll, perhaps, of " Tristram Shandy," and
ri4 A " Life of Johnson," we know of scarcely
iestAiv°rK that can be safely read in this lounging,
1,,,-11,°attlrnY way. The only fault we find with
tigjelailitle, is his incessant habit of quoting,
`4,„lverts the stream of his thoughts, and at
e\k'`arB
not a few of his quotations are inappo-
the aspect of pedantry.
Or,„
end- `OIONS OF LORD HOLLAND.
s Ridgway, London, 1841. •
tti,ithe li(,,htnne contains Lord Holland's protest
0,„-Nre-s-tt,s,e of Peers against. the various public
it , °I the Tory party, from the year. 1798
41.144 p'e° the year .1839. A liberal, consistent
L:;sillmr-rvades all these protests, which, besides, -
`l'sirkftteequivocal proofs of his Lordship's
sao Y 'acit as a statesman, and fully
in Y.l th
Editor'- remark, that though
114.1141)11e ii,n3ent upwards of forty years
seem r `e) Lord Holland does not to
• se,
ever
recorded an opinion which, at any
Bite
'Cent Period of his life, he could have de-
° blot from the .Tournals.
b
IYoRLD IN TILE YEAR 1840.
th Fraser, London, 1841. •
chief Pamphlet We have a retrospect of
th,,tet civil, religious, and political events
by
th'e: need
taken.,
.vder Pastv'il,
year, arraged in chronobOcal
from successive numbers
aurna, a well known weekly Con-
v-eniel ,ileiYBpaper. Some of the incidents
of Y lip tliis retrospect are detailed in a
Ut ?II -?eli manner, particularly the account
tie 3ranti(:c: hVuis Bonaparte's atternpted
attet„.lt -t autumn, which throws this
i.4tg) Quixo-
Yi proper ridicule.