The Sun.
London, England, 1856-05-23 00:00:00

• ra ti''''oble *tea would have considered that the maritime fTreaii. Ithasnot,li s says, the same solemnity as a treaty ; 1
power of this country was the last thing that should have ;it does not require ratification by the Sovereigns ; but it 1
been sacrificed, and if it was to be sacrificed, that the 1 has the same effect as a treaty trait', it has much more than •
opinion of the people should have itien taken before the the effect of a treaty, because it is not a treaty agreeing
prerogative of the Crown was exercised. (Hear, hear.) As ; with certain Powers to act upon certain principles, the
regarded the noble earl opposite (Granville), he considered 1 action of which is limited by the terms of the treaty, but
him to be one of those auk-101e, kind, soft men--(laughter) ,it is, or affects to be, an authoritative exposition of that
—who would do anything that he thought kind, and if it which is the law, not of that which shall be the law. (Hear.)
was desired even by that polite nation, with which he was Admitting, therefore, that the Government have the per-
so muchponnected in his early youth. With regard to the feet uncontrolled right, subject to their responsibility to
noble earl (Haerowby), who had just spoken, he would for- Parliament, of framing the terms-of any treaty by which
give him if he said thatheled no confidence in his princi- the country may subsequently be bound, I draw a distinc-
ples. (Laughter.) The noble lord had expressed sueh a tion between a treaty settling what—shall be the course of
`' -variety of opinions at different times—(laughter)—he had action agreed upon between two countries, and an act or
been, if he might use the expression, such a good cross- declaration which places the Government in the position
bencher, and had been of such use in balancing parties, of judges and exponents of the internationallawof Europe.
that ho respected the . noble earl's talents and virtues, I speak with great hesitation upon the subject; because I
• though he had no confidence in him as a statesman stern in am told upon high legal authority that even such an act
. . the protection of the rights of his country. As to the noble as this is within the prerogative of the Crown. Admit-
and learned lord on the woolsack—(laughter)—the only ob- ting, however, that it is an act within the prerogative of
servation he had to make on him, as one of those who had a the Crown—although I should myself have doubted the
hand in bringing about this event, was that, with all his soundness of such a doctrine—l must say that it is a gross
powers and ability and his judicial authority, he had failed and flagrant abuse of the prerogative. (Hear.) I say that
in carrying every measure he had introduced since he had the plenipotentiaries went to Paris for a particular pur-
been Chancellor. (Laughter.) For the rest of the noble p rse, and the public reposed in them a generous confidence
lords composing the Government of the country, he would which they have grossly abused. (Hear, hear.) The ple-
take them in a heap—(laughter}—and consider them as nipotentiaries event to Paris to stipulate for certain terms
only able to follow their leader--(laughter)—and he be- upon which the peace of the world might be restored, and
lievedthat thistime they were led to do an act which, if its the interests of the East placed upon a satisfactory loon-
effects were net felt now, would be felt at a future time ; dation. They concluded a treaty on that subject, and it
and he believed also that this debate would not be forgotten remained for the country, after that treaty had been rati-
at a time when, if by any misfortune, this country was at tied, to express an opinion upon its terms and conditions.
war with a foreign power, it was found that a sacrifice had There, however, the duty of the plenipotentiaries, or at all
been made of the laws on which the independence of this events the confidence reposed in them by Parliament and
great nation depended. (Hear, hear.) the country, was at an end, and what they did beyond that
The Earl of ALBENIARLE said he should not have was—l will not say a betrayal of the confidence reposed in
• them, but an underhand proceeding of which the country
addressed the house on this occasion but, for his wish to
had no notice and no knowledge. (Hear, hear.) The noble
• •
correct a misrepresentation of an opinion expressed by him duke (Argyll) tells us that though the Government, in the
last year with regard to the right of enemies' goods in course of the war, came to no very definite conclusion on
neutral ships. The noble earl then proceeded to urge that this subject, we might have gained some indication of the
'' he could not understand the difference between taking course they were likely to pursue, inasmuch as we knew
from authentic records what were the views and opinions
an enemy's goods under a neutral flag on shore and at see. of the late Sir W. Moleeworth. I wish to speak with the
Both acts were of the same character. To seize an enemy's utmost respect of a man of very great ability, especially
goods in a foreign territory was not merely an act of as he is now no more; but I confess that I heard with as-
hostility but of robbery, and it seemed to him that it was tonishment from the noble duke, who at one time professed
downright piracy to seize an enemy's goods in neutral to be a follower of the late Sir It. Peel, or at all events a
ships. There were two causes for which the right of Conservative Liberal, that the acts of a Government of
search was exercised—in the case of enemies' weeds in their which he was a member—and of course a most cenapicuous
own ships, and that of neutrals—and he was of opinion that member—were to be inferred from the language and opi-
there was only one of these cases in which the right of niona of Sir W. Molesworth. I confess I listened with
search should be allowed, and that was in enemies' ships, astonishment to the statement that because Sir W. Moles-
worth held and expressed certain opinions upon political
unless in case of munitions of war, when there was a
known blockade. There ought to be no care for a law subjects the country were to infer that he declared the
I
which was not based on right and justice. He did not principles upon which the Government would subsequently
think that his noble friend who introduced this motion act. I thank the noble duke for the light he has thrown
had made out his case as to the benefit which the three upon the interior of the Cabinet, and upon the degree of
• chief maritime nations of the world would get by the law union which exists among its members. (" Hear," and a
as it had hitherto stood. In the cases of all three the con. laugh.) The noble duke says it is quite true that the
trary had been proved. This country had gone to war Government made no declaration of their intention to
because some Spanish guarda-costas had searched some abandon the right we are now considering. No; they made
English ministers ; and the war was proclaimed amidst a declaration to the contrary effect, for, in the order in
the rejoicings of the, people and the ringing of bells, Council of 1834, they spoke of that right as one which in-
which caused the prime minister of the day, who was disputably belonged to this country, but which considera-
the only sane man on the subject, to say, " You are tions of State policy, and the peculiar circumstances of the
ringing your bells now, but you will be wringing your war in which we were engaged, induced them to waive,
hands by and bye." The disasters of Carthagena and although they denied their intention to abandon it. (Hear.)
others followed, and our merchants suffered so much that I admit there were grave and weighty reasons for waiving
they mime to the Prime Minister for redress, when he said this right of war under such circumstances. We were en-
to them, " The war is your own, and you may take it for gaged in war along with an ally by whom a different inter-
your pains." Then the war with America in 1812 was protation was placed upon the law of nations to that which
caused by the right of search, and America had suffered we give it ourselves. Nothing could have been more em-
by it as well as ourselves. So that disposed of two of the barrassing or unjust to neutrals than that they should be
great maritime nations ; and had France any reason to look subject to the double interpretation placed upon the codeof
with pleasure on the retention of this law; for she was at international law by this country and by France, the one
once compelled to promise to levy a million sterling for the declaring them good prizes in one case, and the other de.
exercise of the right of search, and when the Chamber of daring them good prizes in opposite circumstances. At the
Deputies refused to pay that sum America prepared for commencement of the war, therefore, I made no objection
to the course pursued by the Government. The noble Se-
wer, and with her navy and privateers she would have
swept the commerce of France from the seas but for that cretary of State for Foreign Affairs said that, although
country's accepting the advice of England and paying the the settlement of this question of international law was no
money. He thought the part that France and England portion of the business which the plenipotentiaries assem-
had now taken on this question was greatly to their bled at Paris to discuss, yet great disappointment would
honour. It was the last step ,of civilisation in relation to have been felt if the plenipotentiaries had not taken the
war; and on these grounds he gave his cordial dissent to opportunity of considering and settling many questions
the resolutions of his noble friend opposite. of importance relating to the general affairs of Europe.
For aught I know the plenipotentiaries may have dis-
The Duke of ARGYLL denied the assertion of Lord cussed several questions of the utmost importance ; but of
Hardwicke, that the people of this ,country were not fa- this lam quite sure—that they have settled none. (Hear,
vourable to the recent adoption of the principle of maid- and a laugh.) Of those questions which they have dis-
' cussed, every one is left as open at this moment as it was
s 1 time law, and he urged that the noble lords opposite had at the period at which they commenced their discussion
se shown them, what their opinion was with regard to the ay, even including that article to which I am as-
popular - tonished to find that a British Minister placed his signa-
ject in their lordships' house, and not in the House of tare, and which implies the necessity of interfering for the
• a Commons, where all the commercial interests of the coon- regulation of the press of Belgium. (Hear, hear.) That
question was left unsettled, and after faint and feeble re-
try were represented, and where they could not have hoped monstrances, the plenipotentiary of England, to my great
to have been successful. The noble duke proceeded to con- astonishment, placed his hand to a protocol which recog-
tend that, nevertheless, the people of this country were not nixed the necessity of interfering to check- the licentious-
so wholly given up to mere mercenary commercial consi- ness of the Belgian press. (Lord Clarendon here made an
derations as to wish to sacrifice in the least the naval power observation across the table, which was inaudible in the
gallery.) This is the protocol to which the noble earl has
of England. The more he looked into this subject the
attached his signature :
more he was convinced that practically this country lost p That all the plenipotentiaries, and even those who con-
. nothing, but gained much, by the abandonment of the old sidered themselves bound to reserve the principle of the
' principle of maritime law. Let him look at the terms of the liberty of the press, have not hesitated loudly to condemn
resolutions proposed by the noble lord (Colchester). The the excesses in which the Belgian newspapers indulge with
first paragraph ran thus : "That 'the most eminent jurists impunity, by recognising the necessity of r medyine the real
ofall ages have accepted as a principle of international inconveniences which result from the uncontrolled licence
law that the right of capturing an enemy's goods on board which is so greatly abused in Belgium."
- of neutral vessels is inherent in all belligerent Powers; I had not intended to touch upon this subject, but I was
that the maintenance of this right is of essential impor- astonished to find that to such an article the British pleni-
. tance, and its abandonment of serious injury to a Power potentiary had placed his name. The noble Secretary for
, whose main reliance is on her naval superiority." There Foreign Affairs vindicates his dealing with the question of
was some ambiguity in the word ," accepted." He ad- international law, inasmuch as it was one of those great
mated that jurists had laid clown that this wee the law of questions which affectedgenerally the nations of Europe,
nations ; but, if that meant that they laid down that it he his
and gave as precedents for that interference the
ought to be the law as being consistent with natural right proceedings at the congresses of Westphalia and Vienna.
and justice, ho was prepared to deny that proposition. The Re said, with great truth, that at the congress of Vienna
next proposition in the resolutions declares that the main- the slave trade formed no part of the business of the con•
tenance of this principle was of the utmost importance. gross, but that no one blamed the congress for the discus-
This depended on the countries with which we were likely Bios. which took place and the declaration which was made.
to be at hostilities. If we were at war with a non-marl- That declaration repudiated the slave trade on the part of
time country, its trade would be principally carried on by every state which was a party to it, but it left to every
land ; and if with a maritime country, its commerce would country the right of carrying into effect the principle of
probably te chiefly carried on in its own ships. Tho reso- the declaration in its own manner and according to its
lotion affirmed that the right of search was most important own laws. Is that, however, a precedent for this case ? The
to a Power possessing naval superiority; but this ha de- plenipotentiaries at Vienna well knew that in putting their
vied. The power of blockade was much -more effective names to the declaration against the slave trade, they were
than that of stopping vessels, and it could be most effec- acting in accordance with the highest and strongest feel-
tively exercised by a country poisessing naval superiority. lugs of their countrymen, and that no principle was more
He would look at all the countries of' Europe with which warmly cherished by the people of this country than the
we were likely to come in contact. Was it not clear that condemnation of the slave trade. Has the noble earl (Cla-
we could operate most effectively
.against Russia by means rendon) the same confilencs with regard to the protocol
of a blockade? We had done so in the lite war; anti the to which I have referred? I ask him whether, if his inten-
neutral comeneree of which we had most reason to coca- tion to assent to such a declaration had been announce I
plain was that carried on by Russia over land. Take the beforehand to the people of England, he would have dared
case-of the Scandinavian Powers—and he _hoped never to to refer the question to their decision. I firmly believe
' see this countrylat war with them—but was it not evident that the spirit and feeling of my countrymen have not so
from the geographical position of those countries that sunk, and that they have not abandoned themselves so en-
blockade
.. would be the most effective means of attacking tirely to mere consid, rations of gain and of pelf as to sac-
' ' their commerce? Referring to our intimate ally, of rifico those rights and interests of this country which they
who-'o naval power he wished to speak with every re- hold in as high esteem as did their ancestors. The noble
sped ; but in the event of a contest with France, if we duke opposite has expressed an opinion that the comrner-
.
were able to assert our naval snperiority, we should natu- cial community of this country aro so wrapt up in the idea
• rally seek to destroy her commerce by means of blockade. of the acquisition of wealth that they are indifferent on the
' It bad been suggested that American ships might become subject, and that for this reason the question has not been
carriers for France ; bat he doubted, whether this could be brought forward in the other house. I make no such charge;
done to any great extent. The same principle applied to I hold no such opinion; Ido not believe the feet; bat Ido
Spain and Portugal. We had given up a power which was believe that if, at the commencement of these negotiations,
of very little value, and had retained ono which was more it had been announced that yon were about to conclude
efficient. But, supposing the right of search much' more tae war on terms which abandoned the naval superiority
valuable, it was most easily evaded. The neutral power of this country, an universal feeling of indignation would
was generally interested in the cargoes 'carried by its ships; have been excited. lam of opinion that the course which
and it would he easy to give them a much greater interest. has been pursued amounts to an abandonment of the naval
Thus embarrassing questions would arise as to the degree superiority of this country, and before I sit down I shall
'of interest in the cargo possessed by the neutral and the endeavour to show that that opinion is well founded. I
belligerent power. The resolution declared that Great believe the country coincides in that opinion; and I be-
Britain had occasionally waived this right by specific tree- lieve, also, that if the country had known the terms you
ties. This was not correct, for the abandonment of the were about to, conclude, and the declaration you were about
right had been rather the rule than the exception. With to sign, an indignant protest would have been made against
regard to Portugal, it had been abandoned for 160 years ; the betrayal of the aatioual interests. lam not enough of
as to France, for 116. years ; as to Spain, for 131 years ; a lawyer to take upon me to assert positively that this de-
and, as to the United Provinces, for 113 years. These trea- claration of the plenipotentiaries is actually illegal, but
ties bad not been made with small and insignificant States, certainly it does appear to me to be anything rather than
but with the most powerful maritime-Stet in the world. constitutional. And indeed I have observed, not without
(Hear.) Then the resolution expressed regret that the satisfaction, that there appears to be some doubt, even
principle had been suddenly abandoned in the recent cou- among the members of her Majesty's Government, if not
ferences at Paris. This was by no means the case. Years of the validity at least of the perp ttuity of this engage-
ago
: . Commons by the late Sir Wm. Molesworth, advocating the that although by this act we have waived our right, yet
principle embodied in this declaration ; and it had been re- that we by no means abandon the principle, that it is a
peaterily recognised by the Government. He was confident portion of the law of nations that belligerents shall
the house would net lend itself to the expression of an opi-
have the right of seizing as lawful prize of war the
• Ilion, which was not participated in by tho 1 commer '
cia goods of an enemy under a neutral flag. I heard
classes of this country. He contended that a very helper- this statemeipt with gratification, bee ruse it seemed to me
taut equivalent had been gained by this country.' Our own - so afford some ground of hope that circumstances may
- commercial Marine might derive important advantages hereafter arise under the influence of which it may be
. • from conducting the carrying trade of belligerent powers, found convenient to abandon this very declaration the mo-
without being exposed to the risk of seizure. He admitted meat that we have experience of the stern exigencies of
that it was in the power of the United States to refuse war. Allow me to call your attention to the terms in
their assent to this declaration ; but, should they do so, which this declaration is couched. If it had been nothing
WO were not bound to recognise the same right in their ships
estop than a stipulation for not carrying into effect curtain
as we did in those of other countries. The declaration
.;e. ticles of international law,—though probably I might
s inquestion
expediency of the late 'conference could not fail to have a powerful be disposed to 'e
11 the of such a
m
' . oral effect, and to promote the prosperity of all the na- proceeding—should certainly not have discussed it politi-
Mons concerned. (Hear.) - tally. But it is worthy of remark that this declaration is
The Earl of DERBY—The noble duke, who generally general, not particular, and that in its terms it is absolute
addresses the house with a considerable degree of confidence and uric mditional. It proceeds to say` that privateering is
and remains abolished, th t the neutral flag covers enemy's
in his own opinions, has spoken to-night with more than goo 19 except contraband''
of war, and that neutral goods,
his usual sliaro of that great Parliamentary virtue, but I except contraband of war, are not liable to capture even
think with rather lase than his usual success, in attempt- under an enemy's flag. This is a declaration unqualified
ing to grapple with the arguments advanced by my noble and unequivocal, not of what the law was, or shall be, or
ought to. be, under peculiar circumstances, but of what it
• friends who prece led him. In one respect my task is an is. privateering is, and remains, abolished. The neutral
easy one, but in another it is difficult. It is easy, because flag covers enemy's goods. Can any thing be more dogmatic
hat little ground is left for me to go over which has not or more dictatorial? Nevertheless, there is a strange incon-
been already ' -
most ably occupied by my noble friends, and sistency in the manifesto, for the Plenipotentiaries then
. snore especially, if I may venture to make a somewhat in- go on to say that that which they have solemnly propounded
to be a part of the international law shall not be so in fact
e
vidions referene , by the noble earl who s eke third in the
- with a . c and effect except with regard to those nations which
degreeac-
debateof power and ability which must cept the whole of it. Here is a latitude and a laxity which,
have gratified all youalordships, whatever your political bearing in mind the positive and authoritative tone observ-
opinions may be, and who from this night will stand in able throughout the earlier portions of the document, we
the forenicist rank of speakers in this house. (Hear.) But had little, reasons to expect. The noble earl the Secretary
i' n another respect my task is not so easy, or, if I may be for Foreign Affairs talks contemptuously of the laws of
allowed the expression,
hecausa it is so small." " barbarous ages," and cannot suppress his scorn for usages
it is difficult because it is so easy— sanctioned by the authority of such jurists as Grotius—men
. .. ~ .. ,
" )Iy wound is groat,
•. whc, he assured us, justified the slaughter of prisoners and
• I have no arguments to refute ; but I cannot give a vote
the killing of women awl children.
upon one of the most important questions which has en-
:Tr Earl of DERBY—I entreat the noble duke to
en-
Tee Duke of ARGYLL, with much warmth—l never
gaged our attention for a long time—a question the couse- raid anything of the kind. (Laughter.)
. . (sciences and effects of which will be such as
The
You little con- believe that lam not always talking of him. When I speak g
template at the present moment, without repeespr„ m of another person, it does not follow that it is he who is
y
• protest agairat a course of proceeding, which I believe to present to my thoughts. I stated most distinctly that it
absolutely
be not only hnmiliatine and derogatory, but .was to the noble earl the Foreign Secretary that I was al-
' dangerous to the prime interests of England. (Hear.) My
lading. True, the noble duke adopted a similar line of argu-
urent, but it was to the noble earl the Foreign Secretary
objection to the course which the Government .have been that I was referring. I was observing that that noble earl
minced to pursue is twofold. I object, in the first place, had attributed to Grotius the atrocity of vindicating the
to the substance of what th have done, and I object, in practiceofsclaouldelebtloeoridn.g prisoners, and killing women and
' ey
children in a
the next, to the mode and manner in which they have done
Earl The
it. p I will commence with the latter, upon which the pa p.of CLARENDQN—I beg the noble lord's par-
lee has entirely misinterpreted me. What I said was,
with respect to
noble duke has not expressed any opinion, but to which that many Jurists
took particular usages to which he has just alluded, and
maritime
aw_ll a defend those early laws and usages
the noble earl the Secretary for Foreign Affairs ad-
considerable length. The noble earl rititne rights, have also defended the
vetted at
great pains to assure us that it was clearly within the with respect to Grotins, he had recognised the right laid
prerogative of the Crown to negotiate or conclude any down in the Consolato de Mare, without assigning his rea-
treaty -without the previous sanction and approval of Par- sons fur so doing. That is what I said—and I knowlg I did
liatieent. I know not why the noble earl took that trouble, not say what the noble lord attribUtes tome.
because, as far as my knowledge extends, no one has as- The Earl of DERBY repudiatede intention th
tented or maintained the contrary argument. We have ins the noble earl's meaning,
and
after of pervert-
tented referring in j ustifi-
admitted that pramgativp of the Crown, anti also that suchcation of his statement to a note he h
a degree of confidence should be reposed in the M' •
Ministers pressions
noble earl, proceeded to
of the Crown as might enable them to negotiate a treaty y Iwill not dispute the point with the noble earl, but
without the previous sanction, control, or interference of "-
to him
I will take leave assurethat, of all the noble leaned
Parliament. I think, moreover, we have given a practicalauthorities ' has quoted, there is not
he
proof of our same of the value of that maxim by resisting,of the national
recognise asa portion
' during the-eourae of the present session, all the temptationsacontend for, that itis aportion of
the national
which the temper of the people threw in our way to embar- principle we
law that enemy's goods on board of neutral ships are liable
rasa tiro Government in their negotiations for peace. We to capture, and that to capture them is an inherent right
have given to them the confidence due to their position ; of th belligerent Powers. It is one of those maxims the
°sal .
we have imposed a studious silence upon ourselves ; we j - • •
ve and unquestionable nature of which is signified
have not by word or action hindered their proceedings in by the use of the words Wino dubitat—no one doubts
the smallest degree. But now I want to know, in the first it. An opposite
place, what is this declaration to which they have affixed until 1753, when Prussia for the first time claimed
their signatures ? The noble earl admits that it is not a 1 that the neutral flag should be held to cover the goods of