The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-25

Every word Of the English profess
sor's argument is worth consideration.
hue we chip off a sentence here and
there: If the Prussian protestant
could have put his claim in terms of
strict Interpretation of the duties of
neutrality he would assuredly have
done so in addressing a Government
(which in Germany has incurred
obCquy and even contempt for Its
policy of standing aloof from Con
tinental Quarrels.' The fact that he
pleads not for a strict" neutrality
but for one that should give express
sion to what he believes to be the
public opinion of ENGLAND favoring
Germany as against France Is CON
elusive evidence that in Prussian
opinion no such claim could he pre-
ferred in the name Of a strict neu-
trality." Count Bernstorff "justifics
the conduct of Prussia during the
Crimean war on such grounds as that
that war was waged by four Powers
against one. and that the public
opinion of Germany questioned its
wisdom on the part of the four. Any
one whose knowledge of international
law was derived only from this
memorandum would necessarily sup
pose that the position of "A neutral
merely as such was wholly underlined
and even unrecognizcd ny that law"
The weakness of international COM
muniCations on the rights and duties
of neutrals Is its origin in self-intcrest.
Prohibition of export may in many
cases satisfy the beligerent in whose
favor II operates" but will 1t ever sa;-
isfy the one to whose prejudice it
operates? And consider the practical
difficulties. not from the standpoint Of
belligerents but from that OF a neu-
trail Government Let the neutral pass
laws against the export of contra band;
can 1t hope To enforce them? And.
failing to enforce them it must expect
to receive very pointed remonstranccs
from the offended belligcrent. remon-
strances based not on the mere with
holding # friendly support but on fail
ure To keep the contract embodied in
its own law Interncutral commerce
would suffer the same risks as those
incurred by contraband carriers to bel
ligercuts; and the whole plane of risk
would he elevated far above the level
to which it is restricted by the existing
convention. The present loosenoss of
international law that is not law at
all * bad enough. but domestic legis-
lation would invite foreign Govern
mcnts to demand the execution OF mu-
nicipal law. international relations
are guided by policy rather than
law" Regulation by neutral Gov
eminent would. without any compcn-
satory benefit. grievousE increase the
tensions Of war time relations of bel
ligcrents with ncutrals.
The words with which Prof. West
lake concluded this keenly discrimina-
tive essay commend themselves at this
time. after forty-hvc years. tn thought
full American readers: The manifest
tendency Of all rules which interfere
with bclligcrcnt'S power To recruit
his resources in the markets of the
world is To- give the victory in war To
the helliEcrent who is best prepared AT
the outset; therefore. t. make IL nee
essary for States To bc in constant
condition Of preparation for war.
therefore. to make war more probable.
Rules which increase the irksomeness
ments tn neutrils To keep GU; OF the
war and AT the same time tend to
make them take side not dictated by
a Just judgment on the quarrel but "
some petty SCrape into which they
have got about their neutrality. 1t is
not the little rules which lead to these
difficulties that constitute tho trucst
duty of neutrals. hut to preserve amid
the changing phases Of the strife a
judgment uncloudrd by its passions
and incidents and To make their weight
fc.t-it may he at the beginning Of
the war. at the middle ar at the end
bu; 10 make II felt at the critical mo-
mcnt. for securing a peace based on
just and permanent principles
The CyAC may scon at the colloCa-
ton % ~rcc' and permanent prln-
ciplcS." There will soon he high OPP
pprrunity for the pcacemakcrs. MAY
they he blessed IN their lahors and d.
liherations with such seasoning Of
their noble ideals by practical sense rs
makes lruf wcstlakc's writing 20
wei worth rcadinS aft"r many years