Page:Political and legal remedies for war.djvu/108

102 POLITICAL REMEDIES FOR WAR. , and probably to "War, with the States which favor the other party or side. No better instance of this could be given than the anxious efforts which have been made by England, and other interested States, to abstain from giving open political support, either to the Turkish Government or to its insurrec- tionary subjects, for fear (among other reasons) of enlarging the area of conflict, and bringing about a War with Russia or Aus- tria. In the same way, had any European power intervened in the late American Civil War, it is probable that similar re- sults would have followed, and the War extended itself into Europe. It would be of great service in the cause of maintaining Eu- Legalaiidmor- ropean order if it could be definitely ascertained, h!t?n^ s toiute? and made a matter of general acquiescence, how far, at what times, and in what way, one State is entitled to intrude, for any purpose whatever, on the indepen- dence of another State. There are a variety of very different questions involved, which are often either wholly confused to- gether, or only very imperfectly discriminated. There is, first (l), the strictly legal question, the answer to which ascertains under what conditions one State may encroach on the indepen- dence of another State without committing an actual breach of law. The ultimate limits of the right of Intervention being thus fixed ; the next question (2) relates to how far a positive legal duty compels a State to intervene in the affairs of another State. A further question (3), of far greater difficulty than the former ones, relates to the moral right and duty, and the gen- eral political expediency, of Intervention, within the limits with- in which it, Intervention, is legally permissible. Thus, in any actual case which presents itself, it has first to be settled whether the circumstances are such as would render Intervention allowable, without a breach of law. Then it has to be determined whether a State is under any legal obligation to avail itself of its legal right to interpose. In default of any