LETTERS TO THE EDITOR.
MR. WESTLAKE ON TICE POPE'S POSITION. [To THE Eurros or THE "srEcriroB."1
SiB,—There are, I venture to submit, two or three propositions laid down by Mr. Westlake in his letter, which a student of International Law may hesitate to accept even on such deservedly weighty authority. Not only is "a subject whose person is sacred and inviolable," a "highly inconvenient per- sonage," but he is a being unknown to International Law. Italy may, of course, give an Italian subject any privileges as against his own State, but how can Italian law affect his position towards foreign States ? Again, "undisturbed pos- session for twenty-two years" gives Italy "an indisputable title to the territory" "she annexed in 1870." But what happened in 1870 ? Why, the Great Powers were officially assured that the Pope remained a Sovereign, and that his residences had the attributes of " exterritoriality."
Mr. Westlake seems to hold that an Act of Parliament can affect the assurances given by one State to others. But surely International Law knows nothing of such a doctrine. Nor can it easily be seen why the Law of Guarantees has received a European sanction because no State has, as yet, appealed against it. For—(1), technically, one Kingdom need know nothing of the conduct of another unless it receives an official communication, or has proofs of some overt act ; (2), diplomatists, as practical men, do not care to add to the vexed questions of diplomacy until action is forced upon them ; time enough, they may argue, to intervene on behalf of the Pope when the King of Italy practically injures him.— I am, Sir, &c.,
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