The Sun.
London, England, 1859-05-19 00:00:00

TILE RIGHTS OF BELLIGERENTS.

Le Nord has an article upon the British declara-
tion of neutrality, and taking for its text the words
in the address of the Emperor Napoleon to his army
in Italy—" Do not forget that you have no other
enemies than those who fight against you in battle."
The writer says :
In the face of the solemn proclamation of the
purest principles of modern international laws asd
of this high recognition of the maxims most Sear
to the friends of humanity and progressive civilise-
tion, we deeply regret that we are called upon to
record, not only the excesses with which the Aus-
trian army is dishonouring itself in Italy, but the
directly opposite principles just proclaimed in the
name of her Majesty the Queen of England. Eng-
land has thought it her duty to proclaim, on the
opening of the war now being carried on, her
absolute neutrality ; and it was already strange
enough, assuredly, that this power, so prompt in
words to take the part of oppressed' peoples and of
nations threatened in their independence, should
not make common cause with her ally of yesterday
in the east, in this question and this war in the west,
now raised and waged for the deliverance of Italy.
But this is not all ; whilst the Emperor of the
French, faithful to the traditions of his house and
his country,professes this doctrine, which embodies
all the progress made by modern European
international law, the Queen of England, on the
contrary, proclaims anew the old barbarous inter-
national law of antiquity and the medimval
period. In this declaration, now published by all
the English journals, and by which she announces,
that being desirous of preserving to her subjects
the blessing of peace, she is resolved on taking
directly or indirectly no sort of share in the war,
and on observing a strict and impartial neutrality,
the Government of her Britannic Majesty speaks
in each phrase, of the war that has broken out
between his Majesty the Emperor of Austria and
his Majesty the Emperor of the French, " as like-
wise between their respective subjects and other
persons inhabiting their countries, territories, and
possessions," that is to say, the British Government
speaks as the Roman laws spoke before the exten-
sion of Christianity, and considers the war as
between one State and another; as waged not only
between 'the Governments but between their re-
spective subjects, who become, as formerly, the
enemies of each other; they, doubtless, and their
estates, for everything is connected inter se in the
two opposing doctrines. In other words, the Eng-
lish doctrine throws civilisation and international
law back to twenty ages ago; it authorises and
justifies the abominable excesses perpetrated by the
Austrian army in Italy. In fact, it goes even yet
further, for it does not confine itself regarding the
war as declared at this present moment between the
Governments and their respective subjects; it in-
cludes even the foreigners that may happen to be
sojourning for a time in their territories. " Both
between their respective subjects," says the decla-
ration of neutrality, " and other persons in-
habiting their countries, territories, or posses-
sions." So, the neutrals themselves who inhabit the
country are, according to the English doctrine,
comprehended in the state of war, and consequently
tubjected to the respective hostilities. This is at
once odious and senseless.

This article is followed by another, which is as
follows :

" It will doubtless be observed that the recom-
mendations made to the English is the declaration
of neutrality by the British Government, and the
obligation of which they are put in mind, under the
severest penalties, to abstain from all interference
in acts that may serve the war, are all in Austria's
favour. To what, in fact, are English subjects
specially enjoined? Not to assist in any armament,
in the provisioning, in the service and guidance of
the belligerent ships ; not to assist them in any
way, in any operation of the war by sea. Now, can
there be a question of Austrian vessels that must
not be assistcd or equipped, or armed, or piloted ?
What is Austria's navy, and what part can she pre-
tend to play in this war? It is, therefore, to the
French vessels alone, in reality, that England for-
bids any assistance to be given, even beyond their
military operations. We record this fact, not to
censure it, but to point out its consequences. Eng-
land, after all, is free to remain neutral in a war in
which she ought perhaps to hold the first rank.
What she has no right to do is to say, that this war
exists between the belligerent States as also be-
tween their respective subjects and all persons in-
habitating their territories, for this is tantamount
to insulting civilisation and forcing international
law to retrograde."