The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-26

the Peers. But the act OF declaration of war
treaty profoundly dIstnrbs individual interests
Among the least OF Its effects would be to impose
obstacles to the departure of merchant vessels
from the ports OF the kingdom. Still, IN this con-
troversy we are invited TO believe that 1t would
be arbitrary to cause to be detained Professionally
merchant vessel for the purpose OF a simple IN
destination.
The power of Parliament-that is arbitrary.
FOR q Parliament, intended to be all-poweriul,
which can drive away and even Judge King, TO
right and all its legislative and Judicial privileges,
TO change the religion OF the state to conlscate
the goods OF the Church and to take away from the
crown the administration OF the cOuntry-ls not
that the reign OF an arbitrary powerS
But up till now Parliament has not taken away
from the Crown-that is to say, from the Minis
ters-the direction Of foreign AFFAIRS 1t may arro-
gate to itself part of that direction, has been
done In other constitutional countries but as to
arrOgating to itself such thing entirely, that
would be difficult in the actual state of Europe
SUGAR COATING Pull.
honor England. The foundation and even the
form OF the institutions OF the United States
borrowed from the mother country. We what
we are because we are of British race, language
religion. genius, character and education. 1 have
studied England as she is at home and in her colo
nles, in her establishments beyond the sea, and
above all, in her magnificent Indian Empire. She Is
rich great, powerful, as State, not as think,
because OF the subsection OF her Ministers 10 the
minute and daily criticism OF the House OF
Commons, but IN spite OF it, as ! remember
was said once by the late Lord Palmerston. That
is not the strong sdeit Is rather the weak side OF
her government We see 1t, Tor that matter in this
controversy 1t Is not worth Wnilc, then, 10 refuse
to the Crown the necessary preventive powers for
the peace OF the Kingdom-not even in the case OF
acry OF arbitrary rue"-in presence OF the recog-
nized omnipotence-that is to say OF the absolute
and arbitrary sway OF Parliament, OF which the
real force tends each day to concentrate Itself more
ana more in the House OF Commons.
Such constitution, thus undetermined, cOntin-
ues to rule thanks above all to the good sense Of
the English people, to its wholesome respect for it's
traditions to It's special genius Tor government, to
It's audable national pride and TO the elasticity OF
its political forms-an elasticity which permits the
all who, no matter whence, within the limits OF the
Empire, stand out conspicuousy by reason of their
eminent ability.
POLITICAL PRINCIPLE.
Thus liberty and order find themselves cOnciI-
ated. But liberty, as well as order, demand that
the public peace should not be troubled by the in
trgGes and the mercenary interests OF individuals;
for the want OF a little repressve power not being
conhded to the hands of the Crown.
Parliament, in its omnipoGence would have been
law If it had wished to do So 1t has done SO since
then. But 1t has not done so in season, and 1t is
that which constitutes a failure OF the ''due dill
America, on the other hand, has done so several
times IN good season. In the inteyest OF its friendly
relations with Great Britain.
THE RUSSIAN VESSELS.
The counsel cites and approves the opinion OF the
English judges IN FOrtescue's Reports. They were
OF opinion that the Crown had not the power,
according to the laws to forbid the construction OF
ships OF war, vessels OF great power, for the
OF strangers In one OF the domniOns OF Her
Two judges had given this opinion in 171s: other
Judges 1--WE are not told how many gave the same
opinion in 1921. Vessels were constructed for Rus
STA, and In opposition to the circumstances OF
In 17lS there was open war between Russia and
Sweden. That was four years before the battle Of
and the Sultan tried In vain to persuade him that
he ought to return to his own dominons
England, had just taken part In the piunder Of
Charles XII. Russia had conquered Finland.
In TIA the Russians burned and destroyed the
Swedish feet before the Island OF Aland If 1t is
true that the Gar had had vessels made in Eng
land 10 Is beyond question that these vessels contr
buted to the victory OF Aland.
And now for the end. In 1918 the interests of the
Elector of Hanover made him favor or at least not
to hinder, the policy Of the Gar and the opinions
OF the two judges then were opinions without any
weight whatever.
changed. England favored Sweden; the peace OF
Ienstadt had not been concluded, and the construc
ton OF vessels OF war for the service OF the Car
was no longer In conflict with the common law OF
Europe.
THE POWER OF THE CROWN.
Let US retuvn to the question OF the power Of the
Crown. Were these war vessels or not war ves-
sells that were constructed for the Czar2 History
there would have been, in 1913, manifest violation
OF the common law. Then there Ia ground to be-
lieve that these vessels were not war vessels.
The Report says "of the dominions OF His Majes-
tyr WHAT dominionss EnglandS l doubt about
But suppose that from 1913 to the law OF 1919
there should not have been in England any law, ,
any coercivc power capable OF hlndering In her
ports the construction, equipment and expedition
OF vessels OF destined to hight against friendly
State and ally OF England
Then, during that great eighteenth century, and
during we know not how many previous ages,
England lived in a state Of complete impotence to
maintain its own sovereignty and to protect its
friends against the attacks OF foreigners who made
OF her territory base for belligerent operations.
such 0 could nave been ae national
England, and do not understand how any one
could wish to push the exaggeration ofprivate liber
ty to the point OF annihilating all national sover
eighty and OF making OF England the involuntary
accompce of all the maritime wars Of Europe.
TI,nrn forn ant
opinions of Fortescue. 1t Is not for me to pene-
trate that mystery; but assuredy there Is mys-
carefully the numerous contrary opinions assem-
bled In she note (B annexed to the argument Of
THE LAWS or FOREIGN COUNTRIES.
The case OF Great Britain had affirmed that the
United States and Great Britain are the only two
countries which have municipal laws proper to
ensure the observance OF neutrality. In reply to
that assertion we have cited and commented upon
the laws of several foreign countries and the OBJ
servatOns OF lawyers OF those countries and these
citations show that such laws exist in Europe and
America.
The counsel contests this proposition In drawing
attention to the brevity OF the laws of the greater
part OF these foreign countries and to the imper-
out examining the text OF these laws and the CON-
ments upon them OF national lawyers, which
establish their true character.
In this the counsel f0rgsts the characteristic
quality OF all the laws OF these countries-I mean
their comparative brevity when placed side by side
with the laws of Great Britain and Of its mitator,
the United States.
III al IKE laws entitled "OI neuJrallty," IN Wnat-
ever country they may exist there are two capital
objects: firstly to defend the national territory
against any enlargement with foreigners; and,
secondly to hinder individuals, whether natives or
aliens from committing on their own individual
authority acts Of foreign hostility In the national
territory calculated to expose the State to decla-
ration OF war or TO reprsas from another State.
Such are the provisions of the various codes, as
for example those OF France, Italy, the Low Coun.
tries Portugal, spain and Belgium
WHY SOME CODES DO NOT PROVIDE PENALTIES.
IL strikes the eye that these provisions OF the
brace the same subject and have the same object
as the English law and the American law, emitting,
however, everywhere the details OF procedure. But
in France In Italy and elsewhere, ind the
rules Of procedure In the codes OF procedure, and
1t becomes inopp0rtune and useless to repeat these
rules apropos OF each article OF the penal code.
The Netherlands Minister In the despatch cited