it was accompanied, appeared safe and harmless. For, though the court sat locally in the belligerent country, it disclaimed all allegiance to its government; and professed to decide exactly as it would have done sitting in that neutral territory. How is it now, when the Court, sitting as before, has made so large a stride in allegiance, as to profess an implicit obedience to the orders of the belligerent government within whose dominions it acts? That a government should issue edicts repugnant to the Law of Nations, may be a supposition unwillingly admitted; but it is one not contrary to the fact; for all governments have done so-and England among the rest, according to the learned Judge's own statement. Neither will it avail to say, that, to enquire into the probable conduct of the Prize courts in such circumstances, is to favour a supposition, which cannot be entertained" without extreme indecency;" or to compare this with an enquiry into the probable conduct of municipal courts, in the event of a statute being passed repugnant to the principles of municipal law. The cases are quite dissimilar. The line of conduct for municipal courts in such an emergency is clear. No one ever doubted that they must obey the law. The old is abrogated, and they can only look to the new. But the courts of prize are to administer a law which cannot, according to Sir William Scott, (and, if we err, it is under the shelter of a grave authority,) be altered by the practice of one nation, unless it be acquiesced in by the rest for a course of years; for he has laid down that the law, with which they are conversant, is to be gathered from general principles, as exemplified in the constant and common usage of all nations.

Perhaps it may bring the present case somewhat nearer the feelings of the reader, if he figures to himself a war between America and France, in which England is neutral. At first, the English traders engross all the commerce which each belligerent sacrifices to his quarrel with his adversary. Speedily the two belligerents become jealous of England, and endeavour to draw her into their contest. They issue decrees against each other nominally, but, in effect, bearing hard on the English trade; and English vessels are carried by scores into the ports of America and of France. Here they appeal to the law of nations; but are told, at Paris, that this law admits of modifications, and that the French courts must be bound by the decrees of the Tuilleries; at New York, that American courts take the law of nations from Washington; and, in both tribunals, that it is impossible, "without extreme indecency," to suppose the case of any public act of state being done, which shall be an infringement on the law of nations. The argument may be long, and its windings intricate and subtle; but the result is short, plain, and savouring of matter of fact, rather than matter of law:-all the English vessels carried into either country would be condemned as good and lawful prize to the captors.

Let us not enquire how short a time the spirit of our nation would endure such a state of public law, and how speedily the supposed case would cease to apply, by our flag ceasing be neutral. But let us, on this account, learn to have some patience with a free and powerful people, quite independent of us, when we find them somewhat sore under the application of these new doctrines these recent innovations on Sir William Scott's sound principles of law; and let us the more steadily bear in mind that great Judge's remark on another part of the subject: "If it were fit that such a state should be introduced, it is at least necessary that it should be introduced in an avowed and intelligible manner, and not in a way which, professing gravely to

adhere to that system which has for centuries prevailed among civilised states, and urging at the same time a pretension utterly inconsistent with all its known principles, delivers over the whole matter at once to eternal controversy and conflict, at the expense of the constant hazard of the harmony of states, and of the lives and safeties of innocent individuals."

APPEAL OF THE POLES.*

The publication of this tract gives us an opportunity, of which we are very anxious to take advantage, of calling the attention of our readers to the important subject of Poland. Were this merely a topic of party politics, involving matters of a transient interest, we should allow it to pass with the other themes of the day, and leave it to the care of those who in their various walks drive a traffic of political discussion. It is precisely because the subject is not at all likely to suit their purposes that we wish to canvass it. We fear it will be found to present no facilities for party attacks, or for mutual recriminations among public men. Those who exhaust the whole force of a very limited talent in abuse of the enemy, in all probability will turn away from an enquiry that leads them to contemplate public crimes committed by persons not connected with France. And they who are only solicitous for peace at all events, without thinking of securities, are likely to disregard a subject which may seem to throw difficulties in the way of negociation, by calling our attention to the only real principles of national independence. Nevertheless, as we are deeply impressed with the general and permanent importance of the question, and consider its interest to be temporary only in as far as the present time offers peculiar reasons for canvassing it, we shall urge no further apology for the observations upon which we are about to enter.

Whence comes it to pass, that the feelings of the English nation are so easily roused upon some subjects, and upon others precisely similar, are so obstinately torpid? Are we liable to the imputation which foreigners have frequently brought against our national character, of being a strange mixture, full of inconsistency, at once refractory and capricious, and chiefly distinguishable from others by having no marked and general characteristic Or does the charge alluded to, when well examined, happen to be unfounded in fact, and the inconsistency only apparent? the wrongs of Africa, the oppressions of Spain, the sufferings and subsequent liberation of Holland. occupy every tongue; while not a whisper is heard, in behalf of Poland.Whence this extraordinary diversity?

It will not be sufficient to say, that in those cases which have excited most interest, our own concerns were involved. There is no doubt tha when the slave trade was denounced, a crime was held up to detestation which we ourselves committed, and this might awaken some feelings of a peculiar nature. But the sensation chiefly excited by a disclosure of the horrid details of that subject, was pure compassion for the Africans; and we may safely assert, to the honour of the nation, that no feeling ever pervaded a country more thoroughly, or with less interested motives. The general anxiety for the success of the Spanish cause, was a sentiment no *An Appeal to the Allies, and the English Nation, in behalf of Poland.-Vol. xxii. pag January, 1814,

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quite so extensive, nor founded upon so accurate a knowledge of the facts. In truth, however iniquitous the conduct of France may have been, the spirit of resistance shown by the Spaniards was the principal ground of the sympathy excited in this country; for had the people submitted to the usurpation, it would not have made their lot worse, and we should only have felt shocked at a new instance of the enemy's perfidy in his transactions with his neighbours. But the gallant resolution displayed by the Spanish nation, not to be transferred, like herds of cattle, by the craft or violence of one court, operating on the weakness or perfidy of another; their determination to be an independent people, and have a government of their own, without any calculation of the precise value of this object, indeed without reference at all to what is vulgarly termed their interest; gave their cause an importance in the eyes of the English public, which, though ultimately connected with just views of policy, was certainly in the first instance only ascertained by feelings of sympathy. Even the counter-revolution in Holland, though undoubtedly much more nearly related to ideas of gain, was in all probability hailed at first with a joy wholly free from calculation, and only recognised as really advantageous some time after it had ceased to be highly interesting. Whence, then, the almost complete indifference with which we have always regarded the sufferings and the exertions of the Poles?

We shall in vain endeavour to answer this question by attempting to discover any difference in the degree either of those sufferings or of those exertions; the difference is all in their favour. Poland was first partitioned in a moment of profound peace, without any more pretence of right than Bonaparte had when he attacked Spain, nay, without even that shadow of a title which he pretended to derive from the cession of the Court: for Stanislaus, though the creature of Catherine II., protested solemnly against the dismemberment, in the face of all Europe; and the factious diet suspended its animosities, to join him in his appeal. The subsequent acts of 1793 and 1794 were done without the slender colour of a pretext afforded by the anarchy of 1772; and the struggles made in both cases, but especially in the last, were far greater than any of which our Spanish allies can boast, beside being wholly unassisted, and in circumstances almost desperate. The miseries endured by this brave people almost defy description; while in reality the evils inflicted by France upon the Spaniards lie within a narrower compass-for these two reasons, among others, because she has never had sufficient possession of their country, to introduce among them her worst plague, the conscription,-and because no man of a calm and unbiassed judgment can suppose that a district overrun by Cossacks fares as well as one conquered by French troops. Is it then that the Spaniards have succeeded, while the Poles were overwhelmed? This would, indeed, be a strange reason for withholding commiseration; but surely the day is past when any one can pretend to believe that the French have been expelled from Spain by any resistance except that of the British armies, backed by the allies in Germany,—although they were seconded, no doubt, in several important particulars by the spirit of the people in the Peninsula, and more especially by the excellent troops drawn from Portugal. Was there something romantic in the captivity and sufferings of the Spanish princes, and in the attachment and the adventures of their subjects? But can any one compare these with the sufferings of Stanislaus, and the gallantry of the confederates of Barr, and the chiefs who led on the last resistance in 1794 ? It is not by any means intended to lessen the great merits of the Spaniards,

or to chide the enthusiasm excited by them in this country; but the difference between their case and that of the Poles is assuredly all in favour of the latter.

If the cause of the apathy in question cannot be found in any quality belong ing to the subject, perhaps we must seek it in something relating to ourselves. We are willing to throw it upon the ignorance generally prevailing of every thing regarding Poland; and to contribute, as far as in us lies, toward removing this, is the chief purpose of the present article. Some other ingredients are, however, mixed up along with ignorance, in composing the soporific mixture which has so strangely lulled the feelings of Englishmen. It is to be feared, that we too often refuse our attention to any tale of public distress, in producing which the French have had little or no share; and are averse to hearing the truth spoken, when it arraigns the conduct, not of our enemies but our allies. One part of this feeling we need not be ashamed of -tenderness towards Allies, to whom all Europe owes so great a debt of gratitude. But it is quite absurd, that any such feelings should shut us out from a discussion essential to the interests of every nation. It is a discussion which presses forward upon us from all quarters; and, without an abandonment of all claim to consistency, and to principle, the Allies themselves cannot repudiate it. They are about to negociate a peace.-What shall be the basis?-Must France keep all that she possesses? No one pretends to believe it. Shall Austria regain what she has lost? Every one will answer, as far as may be.-Is this only because she has fought so efficiently against France ?-Then must Switzerland be excluded from the benefits of the treaty, and Bonaparte continue Mediator of the Cantons;-then, too. must the whole German States, except those of the Allies, be swallowed up in the fund of equivalents and indemnities. Nay, upon this principle, Holland could not have been restored to independence, had she made no movement in her own behalf, let what would have happened on the Upper Rhine; and no successes of the allied arms could have given independence to Spain, unless the fortune of war had made the Peninsula the scene of the victory. But the question is still more urgently forced upon us, by the state of the Duchy of Warsaw.-How is it to be disposed of? It consists of almost all the Prussian, and half the Austrian shares of Poland—and is now in the anomalous state of a vast province, in which the Code Napoleon is the law-Prussians and Poles the civil administrators-and Russians the absolute rulers, and military occupants. Is this country to be restored to its former proprietors, or retained by Russia, or subjected to some new scheme of partition? Restored to its former owners, will probably be the answer-because restoration is the grand principle of the good cause; every thing is carried on with the view of reinstating things in their ancient condition; the Bourbons are to be replaced, at least in Spain; the Orange family in Holland; the Austrians in Italy; and Savoy is to be separated from France. -Therefore, it will be said, the Duchy must of course revert, partly Russia, and partly to Austria. Now, all this at first sight looks mighty plausible, and even has some semblance of consistency; but it is only a thin varnish, which a breath will melt: for we should like to hear any one answer this single question-By what right Prussia and Austria are the owners Poland, and must have their shares of it restored as a matter of course, when those two powers are busily engaged in restoring Holland to independence and its former sovereigns? But they have had longer possession of Poland Of a small part of it, certainly-but not of the bulk; for it does so happen

that their last partition was effected the very month that Holland was overrun by French troops, seconded by a powerful faction in the country.

Here, then, we find ourselves in the very midst of the question, at the outset of any negociation which can be undertaken for a settlement of Europe;-and we might almost stop here, and be satisfied with the conclusion to which have already come, that there is but one ground upon which a distinction can be raised in favour of Holland or Spain, and against Poland;the ground, not of principle, but interest-not of right, but might;-the ground that the Allies have in their hands the power of keeping Poland in subjection, and are resolved to preach up restoration at other people's expense, but to practise none of their doctrine themselves.

If such is the language of the day; if all the professions of the last twelve months are dissipated by the successes to which they contributed so largely, and Europe is once more to be plunged in a chaos of intrigue, profligacy, and violence, we have nothing more to offer; we at least understand what we are about ;-and it is our own fault if we are disappointed, let what will happen either now or hereafter. But let the proper words be used for all this, so that we may not be made grateful for nothing, and be at once deceived in our hopes, and cheated out of our thanks. Let our ears be spared the insulting titles-of restorer, liberator, avenger, lavished upon, or even claimed by those, who, having got the upper hand by means of the peopleof Europe, use their power in perpetuating slavery and oppression; and, having driven out the French armies, only think of dividing the spoils among themselves, without ever wasting a thought upon the rightful owners, to whose assistance they had affected to come.-But, most of all, let us be spared hearing the ridiculous name of pacificator, given to those who are destroying every chance of lasting tranquillity; and employing a moment of unexampled success, never likely to recur, in laying the foundation of new wars; when they might, by recurring to sound principles, by only keeping the faith which they had vowed, re-establish the system of European independence upon an immovable basis, and give to the world a real and lasting. peace.

We cannot, however, for one moment allow such thoughts to cross our minds. After the delightful expectations which have been raised so high. by the victories and the dignified moderation of the Allies, it would be a grievous disappointment indeed to find them resorting to such principles for a proof of their consistency. It may well be permitted us to speculate upon. their persevering in the right course which they have so steadily pursued ; and, in this belief, we conceive, that the line of policy which shall appear to be most conducive to the general interests and permanent tranquillity of the Continent, will be followed in their arrangements for the distribution of territory. The object of the "Appeal" is, to prove that the restoration of Polish independence, in some shape or other, is a most material part of this policy; and we cannot better fulfil the task we have now undertaken, of calling the attention of our readers to this important subject, than by laying before them an outline of the argument, and arranging, under the different heads of it, such further information, respecting Polish affairs, as we are possessed of.

The "Appeal" opens with removing some preliminary objections which might startle the bulk of readers, and disincline them to any discussion of the subject at the present moment. Poland is, among the Allies, rather a delicate topic; it resembles some of those personal questions, touching the