The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-24

Bavaria that country fails the first duties OF the i'm
Partially which the neulras bound strictly to observe
towards the States engaged IN the war provoked In Na
by Austria.
In fact, to allow one OF the beIgerents to include .
Neutral territory in his strategic combinations to ute II 10
carry his corps darmee there where they most ell "a
cousy harm the other make arrive sooner upon Inc
Held Oh military operations, evidently helping IT. 1t Is
ac as an auxisry Is TO take part 10 me cause;
IN TACT Is violation OF neutrality. The neutral could
only shake oil the consequences Of his compliance if it
was not voluntary or IT was in impartial ap
piled to both bellgerents Force alone can constran
to this the equality established between the two parties
engaged in the can alone excuse him. No former
right except that which might have established oy
general treaties modify ing his right OF sovereignty on
part OF his territory, can force him to depart for
them from that absolute oircumspecton which is the very
We know perfectly we'll that this question of the pas
sage Of the begerent armies the territory Of the
trial States formerly much discussed. great mind,
which sometimes made mistakes because ii too often de-
duced principles from facts, which-moreover, when
there is question Ct are but too often the abuse OF
orce-aid down more than two centuries ago doctrine
which was much disputed from the beginning, but was,
however, followed by his imtators and has been pre-
served II true with great notifications in the wrtogs
of nae modern publicss He pretended that the bel
lgerent had the absolute right TO require the passage
Of its troops neutral territories and that the neuras
convenience to them and he object Of the war was at
the time just, without violating the natural right
ana 10 rss 10 s QUE the
neutrals and the independence OF their territory BY vr
Of the natural right each State is at home,
and it's estates are not more open to free passage than
those of private citizens. The former primitive right
which II desired to establish its obliga.
lions to give that has hsf e6sss imam
would ruin from top to bottom the very exist
ence Of society, and the conditions that that doctrine
imposes in its application would lead to in6aite compica
ons Who would judge If the passage is such as not to
lead to any damage Of the neutral State-f the
BY be- the s hs
always be subordinate TO the appreciation either Of the
neutral warned TO suffer it, Of the belgerent who
might claim the use Of it, and who certainly would never
allow the justice Of his cause TO be questonedP What
source Of contention and infinite struggles would not
throw among the States
In that question as in all international questions one
has not to lose sight Of the fact that good aud
are the foundations well Of the right Of Of
their inspirations Reason and the right Of nations tell
that the King Of Bavaria In the aster his territory
s can any he no
through his States, and thus gives them facilities TO
70 and fight the armies Of the ss in Italy, he nerferes
in the conflict auxiliary Of Austria; lie ceases 10 be
neutral and incurs towards the French and the Sard
nans-enemies Of whom he favors-the response olity
Of that act OF indirect hostility; he exposes him.
self to all the reprsals which they might infct
upon him. It would be, undoubtedly justifable II Aus
tra who is more powerful should pass his States without
his consent and would even be question 10 know il
be ought to oppose by force az much as in his power,
the violation Of his territory 1t would yet be unsuitable
the general Meates naa gwen 70 austria ssrvude OF
himself the States separating the two separate
parts Of his kngdom by article Of the treaty OF Mulch
OF the 14th OF April 1916; and also, as the reciprocal
military roads, which article 2S Of the treaty OF Octo
Der 49, 1885, stpuates between Prussia and tho Land
ays Of aesss na wsa yet b.
he should give TO all the right and the facility that he
grants to Austria And yet it would then be necessary
that the equality be real The right Of passage granted
belgerents who could t-as the case-would
be dersve, and impartiaty would be decoy which the
victims should have the right not to accept on any &C
count
We eager recall, the true principles on the mat
ter to mind because the question arisen by the
of the Austrian troops in Bavaria may again in
serious circumstances in consequence Of the strug
gle now going on In Italy.
Europe is 30 constituted in the ENHANCEMENT of the
the questions relative to the rights and duties Of the
trails have in every Continental war; great actually and
extreme importance that the principles which may
decide them cannot too clearly be exposed Besides the
conduct Of Bavaria not only avioaton of the impartial
engaged In the present war; violation Of her duties
towards the Confederation of which she is MEMBER
of which she certainly would not fail to invoke the sup
port should her Interference in favor of Austria
Just reprsas upon her. The act Of the Germsn Confede
ration guarantees to all the States which with
shield the integrity Of their possessions included in the
unon and imposes all the engagement TO defend each
Of them in case Of attack But that federal guarantee is
not granted TO them without conditions Article thirty
Blk Of the final act Of the conferences held at Venna TO
complete the organization Of the Confederation under
date Of the 18th or May 1920 imposes them the obi
to 70 ing Dict
might engage the responsibility OF the In
unjust quarrel By violating the neutrality and indirectly
becoming the auxiliary Of Austria 10 the Italian Ba
vara evidently gives rise to provocatons she provokes
her allies, whom she wrongs for the benefit of Austria
She does not only fail in her towards them as
neutral Power but in her duties towards the great body
Of which she il member, and which, undoubtedly, in
case of need would recall her engagements 10 her mind
For the rest the role which the government of his Ma
jesy Macmillan Joseph enacts in this affair, It's ebthus
astic zeal for Austria, is provoking conduct towards
France are strange and difficult to understand What
does IL hope to obtain from Austria who as we have
proven before failed forty years ago in all the promises
by which she induced Bavaria to enter into the coalition
of 1872 yet awaits that complete and uninterrupted
conguy Of territory guaranteed by the treaties Of Red
and OF which article OF the OF Frankfort of the
2Oth OF July 1872 has declared the obligation void Does
believe that general would finally give it, at the
expense OF its neighbers Of Baden and Hesse the so
much desired satisfaction? Did Austria the begin.
ming OF the Eastern war, promise it share the spos
OF the vanqushed and in the States that she proposes
conquer In the Of that general which Bavaria
provokes with go much imprudence, is the most ex
posed to the hosties she is the least of the fidelity
OF the ally the interests of whom she eagerly
10 advance she would be the least avoraby looked upon
by the great Powers which desire to maintain peace and
which she 20 strongly mportunates at pro-
voklpg agitatons. More calmness would be becom
ing TO her. and more in conformity with her own present
and future interests as with the general interests.