The New York herald., 1870-12-20
INTERNATIONAL LAW.
The Cause, Conduct and Prevention
Of UnhOly War.
Arbitration Preferable to Arms in International
Controversy Changes Probable in the
Policies Of Governments Lecture
by David Dudley Field

| MI. DdVlu Duulcy tlelu ueNVereu an important
lecture before the Association for the Advancement
OF Science and Art at Association Hail. last evening.
About three hundred OF the savans of city were
present ana evinced much interest in the subject,
which was entitled probable Changes in Interna-
tional Law Consequent upon the Franco PTussian
War" After few Introductory remarks in relation
| 10 the European war he said =
| LADIES AND GENTLEMEN--The war which for the
| last six months has been raging In the heart OF En-
| rope came 30 suddenly upon the world, has proved
so fearful In It's devastation and is likely to be 90
tremendous in its results that the minds OF men
turn with intense interest to discover If there
be not some means OF preventing the
| recurrence OF such calamity When the cannon
sauted the morning OF our last national anniversary
the world was IN profound peace Before the
Christmas bells shah ring in the next anniversary OF
! Chrstendom France win nave been trampled under
foot BY invading armies her historic cities lombard
| ed and her far fields made ghastly by innumerable
| fresh graves. universal wall OF women and
| children has goue up from tie banks or the Seine
| and the Loire. Nor is the distress conlned To
France. While every French family Is in dcsolation
every German family IN mourning. Is there no
remedy for this, or, rather, Is there no means OF
saving mankind from the like again. The effect Of
the present war Is no, confined TO the two nations
engaged in II. The wnoie OF Christcn-
/
! mas increased It's armaments The war was de.
cared on the i7tn or July Within five DAYS there.
| after switzerland had called out forty thousand
men to protect her frontiers. BY the lst OF August
| England had made an extraordinary appropriation
VI TWO Hl'iOn pounds sterling, ana she also ordered
'ne enlistment OF twenty thousand additional men,
italy soon appropriated forty million francs. Be-
| GUM, by the llth of August had advanced ia war
credii nearly eighteen million francs and Austria
| IN like proportion. Even here in this country.
apart, as II wisely keeps itse nom European com
pcations we have felt to some extent The agitat,on
abroad the cost Of French aud German products has
| been increased. our markets have been Disturbed
and our social intercourse With the Ola World seri.
ously affected. Immediately on the declaration al
| The war gold went up--thaC Is. our currency de-
preclated about ten per cent On the 9th OF August
| there We're laid up III the port ul New York alone
ninc Norm German steamers and twenty sc ven
| sailing vessels, twenty IN Boston. ten in Phla.
| deiphia, and as many in Baltimorc; and
DINERS IN all our principal seaports. Can anything
| ne done 10 save mankind from another ike calam,-
Typ Let Va all, as we look on and deplore tax our
! invention tilat perchance VIC may suggest some
thlng 10 prevent or 10 hinder, ana if tnat
| cannot be, then to mitigate the distress OF
war. We can contribute al least TO the lor
| nation OF healthier and stronger public
opinion. Relieving that this contest has created
! an intense adherence OF war atogetner yepttirc
| upon some speculation in regard TO the plans most
probable TO be adopted and al the same time most
promising O good. These relate, first, to The pre-
ventlon OF war; second, 10 LEe conduct OF IT, when
en9rs sln, 70 prevent i have laca ana thid,
| tention TO them In their reverse order.
First-As to the
RIGHTS AND DUTIES or HEureAls.
The right OF every nation not To engage IN war is AZ
least rs clear as Its right TO engage IN H. IL NAV
therefore without offence remain at ali times ahsoo
fhn
o either 10y iorce pressure OF KIND 10 make II
| take any part however small, with one side or
Inc other is an attempt against its independence
This right OF neutrality has, OF course CORE pond-
ing duty. A neutral nation is bound to refrain IRON
assisting either bellgerent. II it assists it departs
from It's neutrality. Is no longer neutral and be-
comes, in some Sort an ally. What then, Is assist
active and passive. Active assistance, that is assist
ance by tue government Itself. painly for.
| biuden. Passive assistance * that which n
government permits It's citizens or subjects TO rem
| der or permits them by not preventing them How
| FAR a government is bonnd to 20 III repressing or
preventing It's members VINO in their private gapcci-
| Ties would render assistance Is matter OF great
dispu,e. There are thon two questions to answer
| What is forbidden TO the members OF neutral
natlon second, what should the neutral nation
I Itself do 10 enforce the probIsation supoh It's
! members. The present uncertainty OF the law is
! Illustrated hy debates in the British Parliament
| since the breaking out of the war TO question
| put In the House Of Commons, on the 2Ist OF yuly
| whether 1t was intended 10 define what merchandise
Is conraoaLd OF war, and whether coal conveyed
Gladstone replied that it is not intended 10 define
! what merchandise is contrabaud OF war. There are
some articles which from Their character are easily
pronounced 10 be contratand of war, but there are
others which, though OF vital importance in carry
ing on belligerent operations. can only have their
character defined by the circumstances OF the case
That the Prize Court OF the captor The compe ent
tribunal to decide whether coal is or is not contra.
/ band OF war: and that II is impossible as
Il neutral to anticipate the result OF such decision:
! but having regard TO the present state OF naval
| armaments, coal may in many cases be rightly held
| TO be contraband Of war. Two theories iiave been
maintained-one that the list Of contraoand articles
should be lessened because, neutral nations
| stimulus to their trade which The wars Of
| other nations create; the other, that the
list should be enlarged that as little fuel as posi-
| Bile should be added to the flames or the contest
The former was the doctrine OF the last century and
gaining ground during the present hall century and
may almost be said to be the doctrine of Today
! TWO changes the law OF neutrality appear
| to me necessary and nmpending--one To de-
fine clearly wnat is contrapand and
enlarge the list: the other to make governments re.
Sponsibe for their citizens or subjects tat jbey be
kept from all conraband trallc. Tie list or contra
band should incude not only ali Instruments and
| maintenance OF armamentS, as coal intended
Tor armed ships. and corn destined TO The susie
| nance or armies IN the field.
| Next Us 10
THE CONDUCT or WAR
The tendency of international law, following pnbhc
opinion has Tor several years been strongly lavor
Of combining 1t within narrower and sun narrower
limits. The point at which 1t will finally arrive IS
am persuaded. that wars shall be confined 81 ac-
iual combatants on land and sea: and
that no private wars OF any Kind, and no wars on
private persons or private property shall be per-
mtted. Tie result OF this VIII be- lrst, TO do away
with privateerng altogether This has been already
agreed TO by parties 10 the Treaty Paris III 1856
Cur government was Invited 10 Join in the declara-
ton OF tins conference, but refused.
In the treaties between the United States ana the
two Sictlies, Nicaragua. Paraguay, Bolivia the Ar
genuine Confederation, Costa Rica. Peru, and be-
tween France and Peru Honduras New Grenada,
the Hawaiian Islands, 1t is provided III Substance
thai, on the breaking ont OF war; mem
bers OF one nation residing IN the
other shall nave SIX twelve months for
leaving the country win their property. ana many
OF these treaties further provide That such persons
may remain during the Whole war II they conduct
themselves properly. The principle these treaties
Nhl, am persuaded, soon become the law of the
civilized world. Now, as 10
THE PREVENTION or WAR.
Ihat war can DC prevented altogether ] VIII
not undertake 10 affirm: but thai ii can be