of animals. The higher feelings of pure [tical effect an the success of the individual, morality and refined emotion, and the the family, or the race; and the developpower of abstract reasoning and ideal con- ment of a moral sense or conscience by ception, are useless to them, are rarely if similar means is equally inconceivable. ever manifested, and have no important relations to their habits, wants, desires, or well-being. They possess a mental organ beyond their needs. Natural Selection could only have endowed savage man with a brain a little superior to that of an ape, whereas he actually possesses one very little inferior to that of a philosopher.

The soft, naked, sensitive skin of man, entirely free from the hairy covering which is so universal among other mammalia, cannot be explained on the theory of natural selection. The habits of savages show that they feel the want of this covering, which is most completely absent in man exactly where it is thickest in other animals. We have no reason whatever to believe, that it could have been hurtful, or even useless to primitive man; and, under these circumstances, its complete abolition, shown by its never reverting in mixed breeds, is a demonstration of the agency of some other power than the law of the survival of the fittest, in the development of man from the lower animals.

But, on the other hand, we find that every one of these characteristics is necessary for the full development of human nature. The rapid progress of civilization under favourable conditions, would not be possible, were not the organ of the mind of man prepared in advance, fully developed as regards size, structure and proportions, and only needing a few generations of use and habit to co-ordinate its complex functions. The naked and sensitive skin, by necessitating clothing and houses, would lead to the more rapid development of man's inventive and constructive faculties; and, by leading to a more refined feeling of personal modesty, may have influenced, to a considerable extent, his moral nature. The erect form of man, by freeing the hands from all locomotive uses. has been necessary for his intellectual advancement; and the extreme perfection of his hands, has alone rendered possible that excellence in all the arts of civilization which raises him so far above the savage, and is perhaps but the forerunner of a higher intellectual and moral advancement. The perfection of his vocal organs has first led to the formation of articulate speech, and then to the development of those exquisitely toned sounds, which are only appreciated by the higher races, and which are probably destined for more elevated uses and more refined enjoyment, in a higher condition than we have yet attained to. So, those faculties which enable us to transcend time and space, and to realize the wonderful conceptions of mathematics and philosophy, or which give us an intense yearning for abstract truth, (all of which were occasionally The mind of man offers arguments in manifested at such an early period of the same direction, hardly less strong than human history as to be far in advance of those derived from his bodily structure. any of the few practical applications which A number of his mental faculties have no have since grown out of them), are evirelation to his fellow men, or to his mate- dently essential to the perfect developrial progress. The power of conceiving ment of man as a spiritual being, but are eternity and infinity, and all those purely utterly inconceivable as having been proabstract notions of form, number, and har-duced through the action of a law which mony, which play so large a part in the life of civilized races, are entirely outside of the world of thought of the savage, and have no influence on his individual existence or on that of his tribe. They could not, therefore, have been developed by any preservation of useful forms of thought yet we find occasional traces of them amidst a low civilization, and at a time when they could have had no prac

Other characters show difficulties of a similar kind, though not perhaps in an equal degree. The structure of the human foot and hand seem unnecessarily perfect for the needs of savage man, in whom they are as completely and as humanly developed as in the highest races. The structure of the human larynx, giving the power of speech and of producing musical sounds, and especially its extreme development in the female sex, are shown to be beyond the needs of savages, and from their known habits, impossible to have been acquired either by sexual selection, or by survival of the fittest.

looks only, and can look only, to the immediate material welfare of the individual or the race.

The inference I would draw from this class of phenomena is, that a superior intelligence has guided the development of man in a definite direction, and for a special purpose, just as man guides the develment of many animal and vegetable forms. The laws of evolution alone would, per

From The Spectator.

STANDING WITH AMERICA. WE have at length the text of the Washington Treaty, or at least of the most important part of it, so far as it recites the principles agreed upon by the Anglo-American Commissioners for the settlement of our chief dispute with that country,— and we have great reason to hope that the treaty will be found to contain the conditions of a permanent and cordial understanding between the two countries. To our minds the Foreign Office deserves great credit for having agreed to conditions so frank and explicit,

haps, never have produced a grain so well adapted to man's use as wheat and maize; THE PROSPECT OF A CORDIAL UNDERsuch fruits as the seedless banana and bread-fruit; or such animals as the Guernsey milch cow, or the London dray-horse. Yet these so closely resemble the unaided productions of nature, that we may well imagine a being who has mastered the laws of development of organic forms through past ages, refusing to believe that any new power had been concerned in their production, and scornfully rejecting the theory (as my theory will be rejected by many who agree with me on other points), that in these few cases a controlling intelligence had directed the action of the laws of variation, multiplication, and survival, conditions involving no kind of humilfor his own purposes. We know, however, iation, indeed, as we hold, singularly just that this has been done; and we must and wise, and yet involving enough sacritherefore admit the possibility that, if we fice of pride, as it will probably seem to are not the highest intelligences in the uni- some, to demand some effort and a good verse, some higher intelligence may have deal of the truest kind of self-respect. In directed the process by which the human the first place, the British Government, race was developed, by means of more sub-through its Commissioners, has frankly tle agencies than we are acquainted with. expressed regret at the occurrence of the At the same time I must confess, that this incidents complained of by the United theory has the disadvantage of requiring States. This was certainly both courthe intervention of some distinct indi- ageous and wise. It does not in any sense vidual intelligence, to aid in the production prejudge the question of our responsibility of what we can hardly avoid considering for the escape of the Confederate cruisers as the ultimate aim and outcome of all from British ports, for it is obvious that organized existence intellectual, ever- it is quite competent to us, or anybody advancing, spiritual man. It therefore im- else, to regret, and regret very heartily, plies, that the great laws which govern the events, which it would also have been material universe were insufficient for his quite impossible to prevent. Nor does production, unless we consider (as we may such an expression of regret seem to us in fairly do) that the controlling action of any degree a gratuitous and forced deviasuch higher intelligences is a necessary tion from the natural line of conduct appart of those laws, just as the action of all propriate for a great State, even granting surrounding organisms is one of the that we were really quite without responagencies in organic development. But sibility for any of those events. For our even if my particular view should not be Foreign Enlistment Act was and is a decthe true one, the difficulties I have put for- laration on our part that it is a part of ward remain, and I think prove, that some the true purpose and policy of England to more general and fundamental law under- prevent, so far as possible, exactly the lies that of "natural selection." The law class of events for which we have now exof "unconscious intelligence" pervading pressed regret; and it can never be unall organic nature, put forth by Dr. Lay-worthy even of the greatest Power to decock and adopted by Mr. Murphy, is such clare her sorrow that she has not succeeda law; but to my mind it has the double disadvantage of being both unintelligible and incapable of any kind of proof. It is more probable, that the true law lies too keep for us to discover it; but there seems to me to be ample indications that such a law does exist, and is probably connected with the absolute origin of life and organi

zation.

ed in doing effectually what her law requires her to do at all. What is more, we at least, have always asserted that it was as great a misfortune for England as for the United States, that cruisers continued to escape from English ports and so greatly annoyed the commerce of a belligerent power. That was a precedent which it is quite certain would be followed, and followed at great cost to ourselves, whenever we may be at war again; and the more completely we may have succeeded in demonstrating now that no precautions

which we could have taken could have Commissioners at what occurred, our been successful, the more completely shall Government have shown courage and wiswe be confuted out of our own mouths in dom, and taken the only course likely to complaining, then, that cruisers intended heal the wound completely, by sacrificing to prey upon our commerce should have all unworthy pride and reserve. been permitted by other Powers to escape On all the other points, the solution arfrom their ports. This will not, therefore, rived at by the Commission seems to us be on our part a mere expression of disin- quite unexceptionable. For the actual adterested regret that one of our most im- judication of the Alabama claims, a Comportant municipal laws should have proved mission of five persons, one appointed by inefficient; it will be a fresh argument in the British and one by the American Govour mouths to prove that we have a fair ernment, and the three others by the King right to demand from any other neutral of Italy, the President of the Swiss Confedthe same evidence of sincerity of purpose eration, and the Emperor of Brazil, is to be which we have thus ourselves given. appointed, with power either to decide finalWhile we maintain, then, that such a ex-ly for themselves on the question of dampression of regret was not only legitimate ages in a lump sum, or to refer the details and dignified, but even defensible on the of such damages to a Board of Assessors lowest, because the most self-interested, sitting in the United States, of whom one motive, we should also contend that there is to be appointed by the President, one by is a certain fitness in any act which will, the Queen, and one by the Italian Envoy without insincerity or compromise of our in Washington. The principle agreed on rights, assume to the mind of the people for the assessment of damages is contained of the United States the form of an apol- in the following very important passage ogy. An apology, no doubt, seems to imply of the treaty: something of responsibility and culpability, some consciousness of a fault of omission if not of commission; and, as we have shown, the question of responsibility is really not involved in what our Commissioners have said, and may be decided by the arbitrators to whom it is to be referred entirely in our favour. Still, however that may be, nobody can deny that there was enough of carelessness about the conduct of Government in relation to at least one of these cruisers, and enough of loudlyexpressed class-sympathy with the cruisers, and of equally loudly-expressed antipathy to the American national cause, to afford a popular justification for the intense irritation felt in the United States; and therefore it seems to us quite right that in relation to any purely formal issue between us, we should even strain a point to decide against ourselves and in their favour. Supposing it were a question between expressing regret at the risk of regret being misinterpreted by the American people to mean self-reproach, and not expressing regret at the risk of that reticence being misinterpreted by the American people to mean entire indifference to the mischiefs caused by the escape of the cruisers, we think we were bound in candour and honour to run the first risk rather than the second;

for self-reproach ought certainly to be less foreign to us in this matter than pure indifference. We conclude, therefore, that in relation to the point most likely to excite unfavourable comment,the frank expression of regret by our

"A neutral Government is bound (1), to use due diligence to prevent the fitting out, arming, or equipping within its jurisdiction of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace, and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted in whole or in part within such jurisdiction to warlike use; (2), not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of renewal or augmentation of military supplies, or arms, or recruitment of men; (3), to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her Commissioners to declare her Government cannot assent to the foregoing rules as a statement of the principles of international law which were in force at the time when the claims arose; but in order to evince a desire of strengthening friendly relations between the two countries, and of making satisfactory provision for the future, her Government agrees that in deciding questions arising out of these claims the arbitrators shall assume the Government had undertaken to act upon principles set forth in these rules. The contracting parties in future, and to bring them to the knowledge agree to observe these rules between themselves of other maritime Powers, inviting them to accede to them."

This solution of the difficulty we regard with the most unfeigned sa tisfaction. On

696

the one hand, no one who had looked into the international law of the matter could admit for a moment that these principles were the actual principles recognized by the practice of nations. On the other hand, no one could deny the enormous desirability that any nation possessed of a great commercial marine should get such principles as these acknowledged for the future. It seemed but too likely that in contending for our own undeniable rights in the past, we might be injuring most seriously our prospects for the future. By the concession now made we have avoided this most dangerous error, and secured ourselves, as far as possible, from any retaliation by the United States, for the raids of the Alabama and her consorts. At the same time, we think it most likely that under the terms now agreed upon,- having previously summoned an extraorthe recognition that it was our duty to dinary Session for the purpose of consideruse "due diligence," not "the utmost dil-ing the conclusions of the Joint Commisigence," as had been reported, it will be hard to prove our responsibility for the escape of any one of the cruisers except the Alabama alone.

ter than the English diplomatists. Yet even if these rumours were true, we could not use our influence to any purpose to restrain Russia, while America is ready to seize the moment of our weakness to demand what terms she will at the point of the sword. A sound foreign policy for England must always rest on the basis of a hearty alliance, if not co-operation with America; and to obtain this, therefore, at any honourable price, should be the first object of English statesmanship.

From The Saturday Review

THE TREATY WITH AMERICA.
THE President of the United States,

sion, is now able to submit to the Senate the Treaty which has been concluded. It proves to be an absolute surrender of every point for which successive English On the whole, we congratulate Lord Governments have contended. It comGranville on having taken a bold and a mences with the humble apology which most important step towards a genuine was demanded in vain by Mr. Sumner and understanding with the United States, a Mr. Fish; and the English Commissioners, Power with whom any grave misunder- as if for the express purpose of humiliatstanding of ours must be pure and un- ing their country, have committed the alloyed evil, a source of bitterness between blunder of declaring that the law which kindred, a chronic danger of the worst they recognize for the purpose of compenkind to both peoples, a terrible stimulus sation was not in force when the supposed to disaffection in Ireland, a stroke of par- liability was incurred. A penalty inflicted alysis to England in Europe; in short, an for the breach of a legal obligation would accumulation of all sorts of dangers, with- have been comparatively endurable. The out a single counterbalancing good. It is excuse for their inconsistency is founded the first principle of a healthy foreign pol- on the professed desire of the English icy for England to have a cordial under- Government to cultivate friendly relations standing with America. All our common with the United States. A thinner veil political objects are akin; we have much could not have been woven to disguise the to learn from America, America has much true motive of unqualified submission. It to learn from us, and all experience has is not easy to understand the imminence At the worst proved that when the attitude of the two of the danger which seems to have frightpeoples is hostile, instead of learning from ened the Commissioners. each other, we are too apt to read our the American Government could only lessons backwards. Nor is it possible for have threatened a lawless invasion of CanEngland to exercise the wholesome ard ada; and it is not likely that so coarse a pacific influence which she naturally pos- menace was used to accelerate the nego sesses in Europe without being relieved tiation. If any patriotic American desires from all anxiety concerning America. fully to appreciate the triumph of his Even now there are rumours of the rest-country, he has only to contrast the lessness of Russia,- of her wish to attack Treaty with the despatches of Lord RusAustria while conciliating Turkey, if so be sel and Lord Clarendon, and above all that Germany and England would permit, with Mr. Bernard's excellent treatise, - which, if there be any truth in them, which from this time is obsolete. It is must make our foreign Office extremely not surprising either that Mr. Sumner anxious. Austria once fairly beaten, the expresses general satisfaction with the road to Constantinople would be open to Treaty, or that he thinks it practicable to Russia, and this nobody understands bet-'inflict on England the additional affront of

making the arbitration exclusively one- | Confederacy, felt and expressed the deepsided. Perhaps the more generous section est remorse for the sympathy with which of his countrymen will be satisfied with he regarded their heroic efforts when they the ample revenge which they have se- seemed likely to win. Lord Stanley and cured for all real and imaginary offences. Lord Clarendon have, by their large conAs the removal of Mr. Sumner from cessions to the exigency of Mr. Seward the office of Chairman of Foreign Rela- and Mr. Reverdy Johnson, prepared gentions proves that the President is sup-eral opinion for the ultimate prevalence of ported by a majority in the Senate, there the American demands.

is every reason to believe that the Con- The additional quarrel with respect to vention will be ratified. Circumstances the fisheries, which has recently been fasthave changed since the vexatious rejection ened on England and Canada, unexpectedof Mr. Reverdy Johnson's Treaty. In ly gave an opening for fresh negotiations 1869, when Mr. Seward shared the pro- in the matter of the Alabama. To Sir Edfound unpopularity of Mr. Andrew John- ward Thornton's proposal of a Commission son, chronic ill-will to England was stimu- on the fishery question the Secretary of lated by unwillingness to allow the outgo- State replied by a suggestion that the ing Administration the credit of effecting same machinery should be used to prea settlement of the dispute. General pare the way for a settlement of the still Grant and Mr. Hamilton Fish have on more serious dispute. When England more than one occasion displayed an ex- was a self-asserting and perhaps a pugnaacting and unfriendly spirit in dealing with cious Power, the overture would not have the Alabama controversy; but their late been readily accepted. It was known proceedings seem to prove that they have from Mr. Fish's notorious despatch to the good sense to prefer a substantial vic- Lord Clarendon, and from the President's tory to any political advantage which they last Message to Congress, that the Amerimight secure by keeping the quarrel open. can demands had been extended even beAs the English Commissioners consented yond the limits which were defined by Mr. to surrender the main point in dispute, Sumner; but the Ministers probably only the President's Government can scarcely wished to find a decent excuse for giving be blamed for adopting their decision. In way, and a Commission might be supposed the arrangement of a compromise, or of a to give a kind of judicial colour to a presubmission, the party who is less eager for determined surrender. Like the conferan adjustment enjoys an undoubted supe- ence of three months ago, the Commisriority. In the United States the possi- sioners met without any foregone conclubility of a rupture with England involved sion, but with a result which might be a mere disturbance of commercial credit; easily foreseen, as it was involved in the and in popular estimation the incon- terms of their appointment. There could venience was overbalanced by the hope be no objection to their concurrence in a that war might result in territorial ag-prospective alteration of international law. grandizement. Englishmen, on the other Times and circumstances have changed; hand, have cultivated for many years a genuine love of peace which is neither shared nor understood by any other civilized community; nor could it be forgotten that a struggle in Canada would be conducted under the most unfavourable conditions. There was nothing to gain, and much to lose, in a conflict with the United States; and the hostile feeling which so largely affects American politics has never been reciprocated in England. The great majority of the people, having neither leisure nor inclination for the study of questions of international law, have probably received a vague impression that the persistent complaints of American speakers and writers must have had more or less foundation; and the present Government is not especially susceptible on delicate points of honour. Mr. Gladstone has, since the final overthrow of the Southern

and it may perhaps be expedient to impose on neutrals a further restriction in their dealings with belligerents. Many politicians hold that the prohibition of the equipment of vessels which may afterwards be armed as cruisers would be highly valuable if England were a principal in a maritime war. It is agreed on all hands that, according to the existing law, an armed vessel fit for service cannot be lawfully allowed to issue from a neutral port; and throughout the Alabama controversy the English Government admitted, perhaps with an excess of candour, that on sufficient evidence the ship might have been prevented from leaving the Mersey. The subsequent judgment of the Court of Exchequer threw a doubt on the soundness of the opinions of Lord Russell's law advisers; but the Americans may fairly rely in argument on the virtual acknowl