The New York herald., 1874-07-28

down as general rule that no commander has
a right to declare that he VIII give no quarter
to threaten q garrison with determination because
OF the Obstnacy with which fortress ls defended
The use OF explosive bullets OF size penetrate
IL forbidden. In the chapter ON sieges and bonn
bardment it Is laid down that an entirely open
town, which is not defended by the enemy's troops
and the inhabitants OF which do not resist, may
not be attacked or bOmbarded after notice Is
bear on the treatment Of the popuiation Of an oc-
cupied country, referred to in the beginning have
Win 70 Se
and all popular movements against an invading
force. In the twentieth article it provided that
every lnhabitant OF country occupied by the
enemy who may give information to the opposite
side Is to be tried by court martial BY an ad-
effect communication between one portion OF an
army and another are taken out or
THE CATEGORY OF SPIES
and invested with the rights Of neutrals. Jour-
nalists. correspondents and reporters for news
proposed code. or late the iormer were treated as
neutrals, but 1t is now suggested to make 1t law
iul to treat them as prisoners of war-not as crlmi
nails, but as legal enemies. The benefcent
maxims OF the Geneva Conference have an excel
lent effect upon that part of the proposed code
which treats OF the position to be assigned to
certain class of non cOmbatants. Surgeons, apOthe-
carries and medical assistants, who are attending
the wounded the battle field, as well as bearers
and ambulance men, are not to be made prisoners
OF war, but are to enjoy the rights OF neutrality,
them prOtectlOn ana assistance There are other
humane provisions, such as the prohibition OF
ure OF the effects Ol prisoners as booty; the exemp
tiOn OF captives from bodily punishment; the pro-
hbtion Of holding hostages anu also OF reprisals,
except when made Dy order OF corps commanders;
the provision OF sanitary authorities at every pris-
Oners' depot and the allowance OF the same ra-
tiOns to prisoners that are served to the victO-
return of prisoners to their own country without
delay after peace ls concluded. The clauses last
enumerated were not ,,nn inciuaet tn Dr. MeDer's
gagged In active operations.
AN OBJECTIONABLE ARTICLE.
The fifty fifth article OF tn proposed code WILL
no doubt, provoke considerable discussion. 1t
means that only regular troops shall carry on wars
cuded from resisting an invader of their country
1t Is to permitted that the inhabitants of q To-
callty not yet occupied by the enemy who may
take up arms are to be regarded as beligerents,
and II they are made prisoners OF war they are to
country in which the enemy's power is already
established, rise In arms, they shall not be entitled
to the rights OF prisoners o war, but shall be liable
to be tried for their lives
AN ENGLISH PROTEST.
The London Daily Ne.cs. commenting on the
marked I'VE should hope that articles ike these
Will never be accepted by the governments Of
general engaged in great war would not be
ready to claim II he wanted them; but 1t Is one
thing to iormuate IN mo-" cold oieod and as part Of
the law OF the civilized world rules that strike
out conditions which powerfully appeal to the
visions narsher than any that have been enforced
in the regular warfare of the past thirty years,
but many OF the articles submitted should be we'll
considered before they should be adopted"
MIsGIvINGS OF GREAT BRITAIN
From the first, as has been tntmated, IL seemed
apparent that English statesmen regarded the
meeting OF the Congress with some misgivng.
The programme originally announced only con-
templated the more humane treatment OF prison.
ers, but 1t subsequently appeared, as before
stated that the articles prepared dealt with every
contingency OF war. IL was feared In England
that to open up discussion on international law
and particularly IN reference to maritime affairs,
England has adopted the three rules gwen below
and which form part OF the Treaty OF washington.
neutrals at sea- He demands q law against the
expectation Of arms in time OF war, and the
abolition OF the right OF captOrs Of private prop
erty on the ocean. so far as maritime regulations
CO. England would be probably voted down at
Brussels. Hence her reluctance to have anything
THE TREATY OF WASHINGTON.
the following, are the three rules referred to
which the United states and England agreed by
that instrument to bring to the knowledge OF other
tO:-Frst-A neutral government is bound to pre-
yer vent the fitting out, arming or equippmg within
able grounds to believe Is intended to cruise or
carry Oh war against Power with which 1t is at
peace and also to use diligence to prevent the de-
parture from It's jurisdiction OF any vessel intended
to cruise or carry on war as above such vessel
having been adapted in whole or in part within
such jurisdiction 10 warllke purposes. second
Not to permit or suffer either belgerent to make
OF its forts or waters as the base of naval ope-
renewal or augmentation OF military supplies
arms or the recruiting of men. Third-To eSer.
as to all persons within It's Jurisdiction to prevent
any violation Of the foregoing Obligations and
duties.
LORD DERBY's VIEWS.
On the Sd OF July inst Lord Derby stated In his
place in Parliament that England wanted to be
humane, and not for political, purposes. In other
words, Lord DERBY and his colleagues must be as
sured that the conference does not intend to open
up the whole code OF international law with re-
gard to warke operations. The English govern
ment he said, would not entertain any proposi-
&1,at tAn1fn nrin min
business of maritime warfare, and unless he and
his colleagues were assured on these points they
even If they should he would not be accredited in
the character OF a penipOtentiary.
A PRESS ENDORSEMENT
The London Standard, Semi-Of1cial organ or
the present British Ministry, extol ed Lord Derbys
remarks, and considered that they are most sats-
factory. 1t said that certain Of the articles in
vOlved not only the abandonment by England OF
the right OF capturing merchantmen at sea, but,
taken with others, limiteo the right of resisting
armed forces by citizen levies and volunteers.
"RememDering the practice" 1t continued (which
one great Continental Power In recent war had
to enforce against the yffdnCtHeurS, we cannot
but entertain lively suspicion OF the motives OF
these phllanthropists, especially when we see 1t
the proposition for the Congress emanated from
the German government. AS to the right OF cap
British government viii venture to bind this coun.
try to any such rule. 1t Is, in fact, one OF those
rights which no nation can be expected to give up,
whatever may be It's deClaratiOn-as to the theory.
Whenever 1t Is essential to the existence OF Eng
land and on no grounds less urgent Is it likely
that England will go to war, 1t is certain we will
not abandon our chief weapon Tor national de-
fence" Referring to the appointment OF repre-
sentative to the Congress the Standard says -
"He shall have no power to assent to anything,
ana his authority is limited to the task OF report
ing what Is suggested. This is not ALL 1t Is notl-
fed that
THE ENGLISH ENVOY WILL RETIRE
should certain subjects be drawn into debate in
the conference. The usages and rules OF maritime
W. rfare are not to be touched If any English rep
resentatve is to attend, and II this condition be
iniringed upon the English representative will at
once withdraw" The London Times frankly avows
that 1--WE should have been content, and, per-
haps, something more than content, to leave all
questions touching the usages and rules of war at
rest until a little more time had passed since the
termination or the last great international
struggle. The passions 1t reused are not yet sub
slded and that 1t would be better to wait until
the cnlel actors In that tremendous drama have
disappeared. But the invitation having been
given and condltonally accepted, we have now no
choice but to 60 on with the conference on cOndi-