NEWS OF THE WEEK.
Ix its general character the aspect of the Eastern question is much like what it was last week ; the Turks and the Russians still fighting, with diminished activity on the Danube, with in- creased activity in Asia; and the Powers negotiating. A general description of the state of the contest in the East might be repeated in the words of last week. The Turks and Russians have both rather drawn back from the river, but the Turks had by far the better in making good their stand and in inflicting damage on their enemy ; and in Asia the Russian attempts to recover the ground lost at St. Nicholas have only procured for them fresh repulses. How far the Turks, with the defective organization of a semi-barbarous force, will display the quality of endurance, time only can show : critical accounts of them do not give much hope on this score; but it must be admitted, that estimates based on merely critical grounds have been considerably qua- lified by the events in this Turkish war.
At last there is something like a clear explanation of the posi-
tion in which the Powers who are attempting a final negotiation now stand. The representatives of Austria, France, England, and Prussia, at Vienna, -have agreed to a protocol, "which records and establishes the concurrence of the Four Powers on the fundamental principle which must govern this transaction,"—namely, a resolve that the existing territorial boundaries of Turkey shall not be dis- turbed. The measures to put this principle in force are to be ar- ranged by a conference, at which the representatives of Russia and Turkey would be invited to assist, and to conduct their negotia- tions for a settlement in presence of the Ministers of the Four Powers. The Times remarks, that the result is, "to place the Emperor Nicholas for the first time since he ascended the throne, twenty years ago, in the same isolated position in which he placed the French Government in 1840." The assertion, which appears to be undenied, that the protocol does not pledge any of the Powers to the means foring out the principle, with the proofs that Austria has given slippery conduct, must of course throw a degree of doubt upon the practical sequel to this, which is said to be the last effort of the Western Powers at a peaceful settle- ment of the Turkish dispute ; and there are symptoms that the Government of France does not enter into this attempt with any confident hope of success.
It is at all events a movement entirely in the interests of peace —those who promote it can have no other object; and if Russia should frustrate this last attempt, it will be apparent to the most prejudiced that the responsibility must rest on her alone. The statesmen of Europe have become more keenly alive to the nature of some of these consequences ; and notwithstanding our doubts of Austrian slipperiness, we can hardly conceive that she will not assist in binding over the great Imperial lunatic. If she should— if she should suppose it her interest to depart from the conference at all—we may be sure that she will go over entirely to the opposite side, will take her stand with Russia, will throw away the scab- bard ; and we shall have a Russo-Austrian effort to obtain by force and extermination that which Russia is now attempting to obtain in spite of the other Powers.
While armies are fighting, and diplomatists are negotiating, cer-
tain publicists in this country are discussing ; the subject being the question whether treaties survive war. The lifornmg Chronicle most especially wages an indefatigable combat with its own able correspondent " Jus (Pentium," who maintains, and who is sup- ported, we think, by the spirit of commentaries and the evidence of precedent, that treaties do so survive ; while the Chronicle, by collecting adverse passages, succeeds in proving that the text- Walters upon the subject are very confused. The truth is, as the
[Lunn EDITION.]
Chronicle remarks, that " the older text-writers endeavour to construct a system of international ethics as well as of positive law " ; and the more modern text-writers, it may be added while taking the principles and doctrines of their elders as finally esta- blished, have endeavoured to adjust history to that original pre- sumption. Courts of civil law in the several states, by the defer- ence which they have shown to the precepts thus laid down, have cultivated the general idea that there was some recognized authority. Nothing, however, that is based upon presump- tion can maintain an absolute stand when once it is ques- tioned; and the present state of Europe challenges the whole body of international law; which finds itself totally un- able to answer. The fact is that treaties only refer to a state of peace between the contracting parties; and there is this limitation which is constantly forgotten—they only record the views and purpose of the contracting parties at the time of signing the contract. For there never has been the slightest difficulty in breaking treaties as soon as the high contracting parties had altered their mind. The force of the treaty consists entirely in its furnish- ing a record to prove that he who 'breaks it violates his own pledge, his own promise, and his own declaration of principles ; and if the Powers now are able to hold Russia to any kind of responsibility, it must be, in the first place, because Russia violates her own de- clarations; next, because she violates the natural sense of right ; and finally—for it all turns upon this—because the other Powers have the strength to coerce her. We always come to that ultimo ratio. International law, is the law of the strongest ; modified, but not coerced, by conscience. That principle comes forward very nakedly in the admitted rule that the conquered party at the conclusion of a peace retains conquered provinces unless there be stipulation to the contrary ; and in the rule, that no power can establish a blockade unless that power have the strength to enforce it. Are you strong enough ?—that is the whole question. The question for Europe to determine is, whether Russia is so strong in will as well as resources, that she can alarm the other Powers of Europe and tear Austria from the alliance ; and then, whether there is so much force in Austria and Russia combined that they can dictate to the whole world ? Amongst ourselves the question appears to be, whether the approach to so formidable a juncture can subdue our statesmen to acquiescence in whatever certain great states may dictate, through mere terror at the notion of a disturbance; or whether, relying upon the tried strength of their own country and the immortal might of truth and justice, they will be prepared to trust to the great wager of battle, unaccustomed as long peace has rendered them to that issue ?
