New-York tribune., 1870-12-20
INTERNATIONAL LAW.
INFLUENCE or THE FRANCO -PRUssIAN WAR
LECTURE BY DAVID DUDLEY FIELD.

INFLUENCE or THE FRANCO PRUssIAN WAR
LECTURE BY DAVID DUDLEY FIELD.
A large audience assembled in Association Han
last evening to hear David Dudley Field, ESQ., lectur,
upon "The Probable Changes in International Law con-
sequent upon the Franco Prussian War" The Rev ID,
3. IrenGus Prime referred briefly to the objects of ts
NewYork Association for the Advancement OF Art and
Science, under whose auspices the lecture delivered
and closed by introducing Mr. Field, who said:
ADDRESS DAVID DUDLEr FIELD.
Is 1t possible TO prevent repetition OF the aecume
lated horrors Of the last six months Of war E1ropet
This is question which presents Itself 10 every morn.
Ing we read the daily record OF battle, Of sega and
sortin, OF Dre and famine. This sudden and
wicked In it, beginning has been erOcious and bloody
in its whole progress and will be full OF awful memories
and bitter humiliation In its close Let all, look
on and depor tax invention that perchanco wo may
suggest something TO prevent, 10 hinder and that
cannot be, then TO mitigate the distress OF war We can
contribute at least to the formation OF heathIrr
and stronger public opinion. But public opinion though
1t may do much, will not do all The opinion Of tho
whole world last July, would lot have Oyerborns
the opinion Of the French In their frenzy for
upon the Germans Nations like indlylduas have their
Of excitement when the good opinion Of other
the lessons OF experience the dictates u pru
dence can restra them. Something stronger needed
something in the OF coercion must b. applied;
something that shall at least oh ge nations pause TO
stay their hand til mutual explanation. the mediation
| Of friendly Power may DO had.
This something. whatever it may be, can only
from the general agreement Of the nations taking the
form Of international law Believing that this contest
has created an intense adherence Of oher and
that the minds OF men firmly 10 ind plan,
either to prevent another to postpone it, coming or
II 1t occurs TO crcumscrbe and mitigate its evils ven
ture upon speculation In regard the plans moa
probable be adopted, and at the time prom
ising Of good. These relate rst TO the prevention II
war; second 10 the conduct OF II, when efforts to pr
vent it have failed and third, to the rights and duties q
neutras Let me call your atteation to them In their
| verse order
| RIGHTS AND DUTIES OF NEUrRALs.
First: As TO the rights and duties Of neutrals. The
right Of every nation not to engage In war at least
clear as its right to engage it, 1t may therefore with
out oense remain at all times absolutely neutral DO
tween beligerens; and the attempt Of either by force
or pressure any kind to make 10 take any part how
ever small. with side or the other, an stteDp!
against It's Independence ILs rlghI ol Leu il hor 0,
course A corresponding duty neutral nation o0hnd
to refrain from assisting either beigeeht tassst
it departs from its neutrality; Is no longer nc edua' aLo
! becomes in some sort dn ally.
THE ALABAMA CLAIMS.
The direction Of public opinion and public law ia nov
strongly in favor OF holding aoof in every respect IRON
the struggle helping neither OF the bcgerens to any
thing which contribute TO their warke resourcea
| The latter should be the American doctrine We con
4 denim q
OF the English Government IN allowing ner 70 .e n'ea
| out and 70 escape, a violation OF the heuuaLV oil
in hat respect We'll fouhIed in morals aud pubic law.
In the light of morality the selling Oi sp9 Wbf 70 ons
OF the begerents for the purpose OF warg upon tne
other is an ofense more henOs, because 0 mole
0uence than that OF glnsDith who shcuIt sell ,ia
TO customer, that he might s00t Eis eIeny ooIols W.
door.
Two changes in the law Of neutrality appear 10 ms
necessary and impending; one to define more clearly
what ID contraband, and enlarge the list the other
make Governments responsible for their citizens or sub
ects that they be kept from all c0ntraband traffic The
| list OF contraband should include not only all in<rn
ments and munitions Of war; but all articles essenti
maintenance OF armaI1ent such as coal intended Io
armed ships and destined the sustenance o
armies In field. Heretofore, the theory VI EurOpes
Governments appears 20 have been that their suneca
may reap what advantages they IRON foreign wsTs
they may sell and carry TO the Oeigetlis what lheI
will only they must take care Lot ~ be caught IiA
practically the injunction given them by their
ernments is thsgo forward, get oil the gain !ou can "a,
Of the msfOrtunes OF your nelghbors, tIt h
II Won are taken cannot save you That Ills doctrine
will be changed, and changed soon as ono 'i the eons
| quences OF this war; rejoice To believe.
| The CONDUCT OF WAR.
The tendency Of international Law. following publs
opinion has for several years been strongly in favor
combining it within narrower aud still narrower unA
The point at which it viii finally arrive IL, anper
suadcd, that war shall be confined to actual combat
ants on land and sea- and that no private wT OF anJ
| kind, and no war on private persons private
property shah be permitted. The result Of this vi ID
rst, TO do away with privaeerng altogether. Ins nli
in 1850 our Government was invited TO JON IN ths
declaration OF this Conference but refused through III
Marcy because private property the lot 0,
inc same authority rendered exempt from capture.
think this was mistaken refusal not because bon
objects were not desirable in temse Ives but becaus
was better 70 make sure OF part even lhOusu We cS.s
! not get the whole.
The WHOLE indeed, would not be long in coming. CI
the 9th of last July GARNER Pages in the Corps Lea,
latif OF France, brought forward tho following 0Li
|
| erty Of the seas Is ever paramount national rlgLt
which nation justly restricts that the Great POStn
OF Europe the Congress VI April, lsbo, have Gee aa
by treaty ratified by nearly all etaes thu! pryateent
is and remains abolshed that states could not reserve
to themselves right of robbery which they Juyre
fused their subjeets that private property tue ba,
upon the sea as upon land be respected by govern
by individuals; that the exchange OF the pro
ducts OF industry aud agriculture by means OF eommes
is q source Of wealth TO all natons and that le mos,
powerful and most productive are the most inteEestsd
that exchange should be neither hndered nor yGrei;
that solidarity OF peoples exists for the mora snG M
tea ameoration Of humanity and that one naaCn can
the others France declares tie following additions 70
her maritime code: l. Merchant vessels are exempt rom
capture and condemnation belonging to an entny & sS'
prior TO accepted reciprocity in that resIse
2. The blockade or bomOardment oy ships Of s-r n "
entrepots open commercial cities OF nations sePt
ing reciprocity is forbidden, attack being limited ~ %
tary posts aud cities s. special conventions ig s YY, I've
accepted reciprocity; L. Reciprocity shan De vIeIeu
all nations, and nesotiatons 10 that effect snd % &
applause but IL has been lost sight OF III the tI td"S
| calamities that afterwards feD upon France
| UNNECESSARY CRUELTY IN wAR.
The principles which have been explaining VIII eas
to the abandonment OF certain practices ID war "lhd
now bring ncalculabe suffering upoa non-combitdpu
The bobardment OF cities is Internal practice which
it seems to me, nothing justify But what shan "
say Of that other practice, worthy only Of nelds wI
allows besieging army 10 pronimt Sonin al shu IL
from leaving q besieged town. We have All r,ad VIZ
| horror the story of hafsarved woiAen ana ehI.iss
coming out of Metz seeking 70 nee In re ana Inps @
and yet turned back, that sheir Ggonie. might oItn
the besieged into surrender Not AL thu glo ~ o 1ef
yiotores OF which this has boea fruitful, can eve
cOunterbalapce the disgrace VI this awful baIonIy
King William may return To his capital 20 pe elosH.
Emperor OF Germany and seated on the throne
Chnrlemagne; but all the music and cahSor oi nS w,
tnrtnns o,,nns noise OF the mntlhe ll ~ Nv