Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-02-14

form in which nation makes known its views from
most common diplomatic note to the most solemn protest.
neither adds TO takes from its responsibility obga
ton 1t appears to be assumed that there is pecu
liar pugnaeious quality attached to protest which me-
cessarily leads to armed action This is not pub
lie declaration III that form imposes the nation
making il the duty OF indicating it by arms than the
everyday representations which the usual diplomatic in
tercourse renders necessary To be sure the proceeding
is more solemn the subjects generally more
grave and forth to the world under circumstances
OF deberation which give to such declarations
than usual Importance But that they necessarily
followed by war, whenever they fail in the result is
radiced by all the diplomatic experience OF modern
times very few references win place this subject be-
yond dispute
Before advert to them however, let remark that
find part of my task that of establishing that deca
ration upon questions of public law is legitimate mode
of national action anticipated and taken out of hands
by the resolutions Of the Senator from Rhode Island Mr.
CLARKE which practically admit this right by the very
enumeration OF many principles of the law Of nations
And allow me further to remark that if protest, which
is truly act and solemn too, of national interview
on ms IT points to particular power and particular
carries with 1t necessary obligation for armed
on certainly declaration of general principles common
to all cannot impose higher duty upon the party making
it, When, however, nation, sometimes happens dis
ncy in its protest that acquiescence in its
demand is the only alternative in such case it
anticipates its course in the event of refusal and
60 to its beigerent work These hostile are
however, believe that England adopted this deci-
sye step when there was TO apprehend that
of the European continental Powers contemplated aiding
Spain in the subugaton of the American States
her colonies.
And now for the precedents
In l7sS France protested against the invasion of Hol
land oy the Prussians Even the old monarccs then adj
vocated the cause of national independence But the
Prussians marched and put down the liberal party,
while France abstained from any further action.
In 1914 Lord Castlereagh protested in the of his
Government against the final extinction of all that then
remained Of Poland, as nation; but Poland is extin-
guished rather trust the fire of liberty only smoth
cred there for the present. break into bright flame
hereafter; and England looked silent and inactive.
In 1920 England protested against the Intervention of
Austria in the affairs OF Naples But this protest did not
stop the Austrian army, did it induce England to
adopt any other measure.
In like English protest was nterposed be-
tween the French invading army and Spain in 1922 and
upon that England advanced in the most explicit
manner the great doctrine Of nonntererence for which
we are contendng Her Minister said g The Brit
sish Government dsclamed for ITSELF and denied for
these Powers the right of requiring any changes in the
internal institutions of independent States with the
menace of hostile attack in of refusal" But
neither the Pyrenees the protest stopped the French
army accomplished its mission and the independence
of Spain expired the last gum its funeral gum indeed
was fired from Cadz. England left her protest upon
cord but she has left other memorial Of her dsappro
baton.
Both England and France protested against the occu
patton Of Cracow, but without effect and without war;
SO much for precedents and many could be found
were 1t necessary; and for authority Lord Pal
merston, whose experience in diplomatic questions will
not be doubted and who certainly jealous enough of
the honor of his country to take She should not be
placed in false positions said in the debate in the British
House of Commons the subject of the invasion of
Spain, that the British Government had protested against
it. sBut it is thing he continued to express an
opinion, and another to adopt hostile proceedings to
compel the three Powers to undo what they had DONE
But according to this reading of the duties of nations
when England declined to prevent by what she
could not prevent by protest she ahess her
seassumed obligations, and dishonored in the eyes
of the world Whether this claim of representation or
a lie from
treaties at other times from general principles its OBJ
legation and its consequences the same and by what
acts It shall be followed or whether by any, is simply a.
question Of expedency, involving considerations of
duty or of honor.
g Manifesoes" says Bentham, and such declarations
are kind of protest, are in common usage mani
festo designed be read either by the subjects of the
State complained of by other States by both. 1t
appeal to them 1t calls for their opinion Such
is the view of of vigorous intellect though with
quaint STYLE which marred his usefulness and who de-
voted long life to all the kindred pursuits bearing upon
general as well as upon municipal law. He says that
these declarations appeals to opinion. school
of expounders has arisen which denounces them APP
peals to force
One of the most eminent and enlightened political wri
tiers of Europe Won GEN. while deporing the original
partition Of Poland and the absence of any opposition to
that Ubiquitous measure, remarks: "But that pub
Inc demonstration, no energetic remonsrance audible
disapprobation should have followed these manifest symp
toms of general relaxation and decay of strength will not
escape the observation Of the future historian We
not mistake the views Of this statesman After regret
ting that neither France England nterposed efca-
cousy to this deed of shame he regrets that
marked testimony Of dsapprobaton put upon record
to carry down contemporaneous condemnation of such
fragrant outrage future times and this is the unyer
sal judgment of the present day.
Our own history presents memorable example Of the
exercise of this right to declare principle Of national
law. MIR. Monroes views similar question, solemn
ly announced to Congress and the world, form we'll
known part of political history He denied 10 the
European Powers the right to intermedde with the
Governments of this hemisphere and also the right
tablish colonies in any part of America He did not
he could not pledge his country to go maintain
this position He wisely said nothing upon that subject
leaving to the future the duties it might bring with it.
dsayowed but remains the expression of the sentiments
of the United States upon this subject And though ii
has not been wholly ecacious il has doubt contrbut
ed with other causes to the stability Of the Independence
Of the American States and to check the spirit of cooni
zation The conduct Of France in the La Plata certainly
violated these principles the pretensons of England
upon the Mosquito coast yet violate Them but there has
been to assert them. But it is easy to that
with without such national declaration our in
terest would dictate to to watch with jealousy Euro
pean ambitious designs upon the Government Of the new
world, and to meet them with frmness / trust that
England will become sensible that she is making dan
gerous experiment the intercourse of the
tries and especially upon the forbearance ours when
she pursues incompatible with her
onal obligations well with the principles laid down
by Mr. Monroe to which she yielded her assent If the
maintenance of national independence this side of the
Atlantic is dear u.s. and the interest feel in il allows
which forbds to extend the views else
where as we have material interests wen natural
sympathies connected with the immunity of all nations
and the course shall adopt is therefore question of