REVIEWS AND LITERARY NOTICES.

_Elements of International Law._ By HENRY WHEATON, LL. D., etc.

Eighth Edition. Edited, with Notes, by RICHARD HENRY DANA, Jr.,

LL. D. Boston: Little, Brown, & Co. 1866. 8vo. pp. 749.

LORD WESTBURY, in one of his masterly speeches on law reform, spoke with

much truth, and in terms of severe censure, of the neglect with which

public law has heretofore been treated in England, and the scanty

contributions of English writers to it. And it is undoubtedly true,

that, as the English language has no name by which to designate that

branch of the law called by the civilians _jus_, and by the French

publicists _droit_, so English libraries are without any great national

work on this subject, although the English bar has produced innumerable

treatises on municipal law, which are high models of profound learning,

acute logic, and luminous exposition; and Great Britain is still chiefly

dependent for her international law upon the decisions of Lord Stowell

and a few other judges, and the commentaries of the Continent and

America.

But from an early period in our political history, international law has

been a favorite study in the United States, both with jurists and

statesmen. Our war of independence and the succeeding treaties gave rise

to questions for solution by it of the greatest nicety, and thus

attracted immediate attention to the whole science. To these there

followed in quick succession our long-pending dispute with Great Britain

upon her exercise of the oppressive claims of visitation and search, our

position as a neutral nation during the long wars in Europe, our own war

with England, and the wars between Spain and her revolted colonies. Such

a succession of events, fruitful in international controversies, created

a demand for the study of the law of nations such as is always sure to

be supplied. The state papers of Mr. Madison and Mr. John Quincy Adams

are a permanent monument to their familiarity with this subject.

Contemporaneous with them were the unrivalled decisions of the Supreme

Court when presided over by Chief Justice Marshall, and later have been

published the works of Kent, Wheaton, Story, and other writers. All of

these together comprise a treasure of learning of which we may well be

proud.

Mr. Wheaton, by general consent, occupies the first place among our

commentators. Inferior as a jurist to Chancellor Kent, he is not so high

an authority upon any question which the latter carefully and thoroughly

examined; but long study and training, first before the Supreme Court,

when he was not only the reporter of its decisions during the

international era, but was of counsel in most of the important cases

involving international law, and afterwards in an extended and useful

diplomatic career in Europe, gave him an unequalled familiarity with the

whole subject; and he treated it in a much more elaborate manner than

did Kent, who only discussed it as a branch of the more general science

covered by his Commentaries. No better evidence of the value of Mr.

Wheaton's book is needed than the high estimation in which it is held in

Europe, and particularly in England, where, as the production of a

common-law lawyer, it has a greater value than the works of Continental

scholars, and for reasons of which we shall speak presently. Lord

Lyndhurst early bore testimony to its great merits, and during the last

few years it has been universally regarded as an authority of the

highest standard. No other publicist has been so frequently cited in the

controversies which have grown out of our late civil war. The

translation of the book into Chinese is a most interesting fact,

flattering to the author, and a proof of the progress which Western

thought and civilization are making in the extreme East.

It is of Mr. Dana's edition of this valuable work that we are now called

upon particularly to speak. As a new edition of the book was demanded,

it was of the greatest importance that it should be placed in the hands

of an editor competent to discuss, in a manner worthy of the

distinguished commentator, those numerous and perplexing questions which

have arisen since his death. The representatives of Mr. Wheaton were

singularly fortunate in obtaining the aid of so prominent and so busy a

man as Mr. Dana,--one who is himself a high authority on many branches

of international law; for it is not an easy matter to prevail upon a

leader of the bar, and especially one immersed in the cares of official

as well as of professional duties, to undertake a laborious literary

work, even if it be of a legal character. Of the editor it is a delicate

matter to speak; but we can say without violating good taste, that few

members of his profession unite at once, and to an equal degree with

him, high professional acquirements, an enviable reputation as an orator

and advocate, and the accomplishments of a varied and extensive

scholarship, so that the words with which the President of Harvard

College, at the recent Commencement, conferred upon him the degree of

Doctor of Laws, _Virum eloquentium jurisperitissimum, jurisperitorum

eloquentissimum_, could be applied to him with far less disregard of

strict truth than university dignitaries consider allowable on such

occasions. A large practice for more than twenty years in the maritime

courts has given Mr. Dana an extensive and intimate acquaintance with

one part of the subject he has here undertaken; and his duties as United

States District Attorney for Massachusetts, throughout the late war,

obliged him to examine most carefully the whole law of prize, of neutral

and contraband trade, and of blockade. The results of his labors

comprise nearly half of the volume before us, and deserve some higher

appellation than notes. Nowhere, however, does Mr. Dana push himself

before his author. He never seems to forget that his duty is to prepare

a new edition of Wheaton's Commentaries, not to write a book of his own;

and he is content modestly to illustrate the text, and to supply the

omissions needed to bring the book down to the present day.

It is not necessary to say that, in a literary point of view, Mr. Dana

has done his work well. His style is a model of terseness, vigor, and

perspicuity, and yet the reader is constantly charmed by its chaste

purity and grace. We can say of him what Macaulay said of Bacon, that he

has a wonderful talent of packing thought close and rendering it

portable. It is a long time since we have read a book in which so much

matter was compressed into so small a space. The good taste and polished

courtesy with which Mr. Dana treats of any controverted point cannot be

too much praised; and his calmness and moderation in their discussion

are judicial in their nature and extent, and give additional weight to

his opinions.

We have been surprised to see notices of the work in which Mr. Dana is

criticised for want of enthusiasm. If by this is meant that he lacks

enthusiasm for his subject, the criticism is entirely misplaced. We

doubt whether, without that, he could ever have been induced to edit

this book; and on every page, and in almost every line, convincing proof

can be found of the love and devotion which the editor feels for the

law, and especially for this department of it, to the study and practice

of which he has devoted so many years. It is this enthusiasm that

renders the notes to us more interesting than the text. Things which Mr.

Wheaton discusses as abstractions seem in Mr. Dana's hands to become

living realities. In one the scholar's temperament predominates; in the

other the lawyer's and the politician's. If, however, the criticism

applies to the rigid impartiality which the editor brings to the

discussion of those contemporaneous events concerning which the passions

of men have been most recently and deeply aroused, we regard it as high

praise. If Mr. Dana's views be wrong, it is not likely that the

indulgence of a partisan enthusiasm would have corrected them; if they

be right, the absence of all passion, the studied courtesy and tolerant

moderation which mark every line of argument, add infinite strength to

his conclusions.

The legal merits of Mr. Dana's annotations require other and higher

tests. They depend upon the accuracy of his statements and reasoning,

and the amount of assistance which those will obtain who seek it from

him. To investigate this would require more space than we can now give,

and rather falls within the province of a professional reviewer. A

strong conviction of the soundness of his logic, however, involuntarily

follows a careful perusal of these notes, and will have no little

influence with those who feel it. This is partly owing to the

passionless tone of his discussion, of which we have before spoken. The

amount of historical and general political information which this book

contains will give it value aside from its legal character, and demands

for it a very general circulation.

The note upon the sources of international law is exceedingly

instructive. Notwithstanding his long practice in admiralty and constant

study of civil and foreign law, our editor adheres to his strong Saxon

preference for actual judicial decisions as the best evidence of all

law. The opinion of Continental writers is seen in its strongest light

in a recent French author, who has pushed the doctrine as far as any one

else, if not farther. After quoting several definitions of international

law, Mr. Dana says:--

"Hautefeuille divides international law into two parts, which he calls

_primitif_ and _secondaire_,--the first containing, as he says, the

principles, the absolute basis, of the law; and the second, the measures

or provisions for calling up these principles and securing their

execution. In the application of this theory, it will be found that the

distinguished writer usually treats the primitive law, or the well or

fountain of first principles, as of actual authority, where no express

agreement departs from it; and so much of the practice of nations as

consists in judicial decisions adopted, enforced, and acquiesced in, he

considers as of less authority than the primitive law as it lies in the

breast of the text-writers....

"Commentators seem agreed as to what are the sources of international

law. They differ as to the relative importance and authority of these

sources. Hautefeuille especially gives little weight to the decisions of

prize courts, and places far before them the speculations of writers. It

is noticeable that Continental writers incline the same way, although

they may not go as far; while Wheaton, Kent, Story, Halleck, and

Woolsey in America, and Phillimore, Manning, Wildman, Twiss, and others

in England, give a higher place to judicial decisions. This is

attributable to the different systems of municipal law under which they

are educated. In England and America, judicial decisions are

authoritative declarations of the common law, i. e. the law not enacted

by decrees of legislators, but drawn from the usages and practices of

the people, and from reason and policy. They are at the same time the

highest evidence of what the law is. Under those systems, writers are

brought to the test of judicial decisions; and even those portions of

the opinions of the court itself not necessary to the decision of the

cause before it are termed _obiter dicta_, and are not authority, but

stand on no higher ground than voluntary speculations of learned men as

to what the law might prove to be in a supposed case. The Continental

writers, on the other hand,--living under municipal systems in which

judicial decisions hold no such place, and are neither precedents,

authoritative declarations, nor authentic evidence of the law,--are led

by their education to look to but one authoritative source of law,--the

decrees of legislators; and, in the absence of these, naturally put the

scientific treatises of learned men, systematic, and enriched with

illustrations, above the special decisions of tribunals on single cases,

which, by their systems, do no more than settle the particular

controversy, without settling the principles evoked for its decision."

The editor then sums up the respective merits of these two methods of

deducing the principles of international law at a length which prevents

our quoting the whole for the benefit of our readers. In conclusion he

says:--

"As an offset to this [the supposed impartiality of commentators], it is

to be remembered that the commentator will often be a man of books and

speculations, rather than of affairs; and that the judicial habit of

determining actual controversies, in full view of both their nature and

consequences, is most likely to evoke such rules of law as will be able

to hold their place among the interests, policies, passions, and

necessities of life.

"Attempts to deduce international law from a theory that each individual

is by nature independent, and has, by an implied contract, surrendered

some of his natural rights and assumed some artificial obligations, for

the purpose of establishing society for the common advantage,--and that

each state is, in like manner, independent, and has made like

concessions for a like purpose of international advantages,--such

attempts fall with the theories on which they rested. As no such state

of things ever existed, and no such arrangements or compacts have ever

been made, it is safer to draw principles of law from what is actual.

Later writers, since philosophy has dropped the theory of the social

compact, go upon the assumption, that men and communities are by nature

what they have always been found to be; that the rights and duties of

each man are, by Divine ordination, originally and necessarily, those at

once of an individual and a member of society; and that the rights and

duties of a state are, in like manner, those at once of an individual

state and one among a number of states; and that neither class of these

rights or duties is artificial, voluntary, or secondary.

"In considering, therefore, whether a certain rule should or should not

be adopted, the test is not its capacity to be carried through a

circuitous and artificial course, beginning in a supposed natural

independence of the human being, and ending in another supposed entity

compounded of all civilized states, but various elements enter into the

solution of international questions, and in various degrees, as fitness

to conduce to the highest and most permanent interests of nations as a

whole, of nations taken separately, differing as nations do in power and

pursuits and interests, and of the human beings that compose those

societies. If the question involves high ethics, it must be met in the

faith that the highest justice is the best interest of all. If it be a

question chiefly of national advantage, and of means to an admitted end,

it must be met by corresponding methods of reasoning."

M. Hautefeuille, particularly, finds little favor with Mr. Dana.

Repeatedly rules laid down by him are dismissed with the bare remark,

that "he is without support either by judicial decisions, treaties, the

opinions of commentators of received authority, or diplomatic positions

taken by nations"; or, as in another place, that the principle broached

"is merely a suggestion of the learned commentator as a possible policy,

and has no support either in the practice of nations or the works of

publicists";--but the editor never condescends to meet the French writer

upon his own field of casuistry and speculation. And in this we think

he is right. The discussion of rules existing only in a text-writer's

belief in their abstract justice, would be entirely useless labor in any

writer in the English language; for whatever may be the system of

Continental Europe, neither the United States, nor Great Britain, nor

any one of the future kindred nations that will grow out of the English

colonies, will ever pay much regard to a doctrine so foreign to that

noble system of law which, like their common tongue, will be a permanent

proof of their common origin.

Two of the most admirable of Mr. Dana's notes are those on the

"relations of the United States judiciary to the Constitution and

statutes," and on "the United States a supreme government"; and they

deserve careful perusal from all desirous of fully understanding our

system of government. From the first we cannot refrain from making one

extract, which may help to explain to our non-professional readers a

difficult principle of law which we have never before seen so concisely

and at the same time so clearly stated.

"In cases before it, the Supreme Court has no other jurisdiction over

constitutional questions than is possessed by the humblest judicial

tribunal, State or national, in the land. The only distinction is, that

it is the court of final resort, from whose decision there is no appeal.

The relations of all courts to the Constitution arise simply from the

fact that, being courts of law, they must give to litigants before them

_the law_; and the Constitution of the United States is _law_, and not,

like most European political constitutions, a collection of rules and

principles having only a moral obligation upon the legislative and

executive departments of the government. Accordingly, each litigant,

having the right to the highest law, may appeal from a statute of

Congress, or any other act of any officer or department, State or

national, and invoke the Constitution as the highest law. The court does

not formally set aside or declare void any statute or ordinance

inconsistent with the Constitution. It simply decides the case before it

_according to law_; and if laws are in conflict, according to that law

_which has the highest authority_, that is, the Constitution. The effect

of the decree of the final court on the _status_ of the parties or

property in that suit is of course absolute, and binds all departments

of the government. The constitutional principle involved in the

decision, being ascertained from the opinion,--if the court sees fit to

deliver a full opinion,--has in all future cases in courts of law simply

the effect of a judicial precedent, whatever that may be. Upon the

political department of the government and upon citizens the principle

decided has, in future cases, not the binding force of a portion of the

Constitution, but the moral effect due to its intrinsic weight and to

the character of the tribunal, and the practical authority derived from

the consideration that all acts inconsistent with it will be

inoperative, by reason of the judicial power which any citizen may

invoke against their operation."

Our space will not allow us to make further quotations. Among those

notes which are especially interesting to the non-professional reader we

may mention those on the much misunderstood Monroe doctrine; on

naturalization; on the effect of belligerent occupation on slavery, and

the President's Proclamation of Emancipation,--in which Mr. Dana

maintains the same position that he has heretofore taken in his

political speeches, and of the correctness of which there can be no

doubt; the very excellent examination of the neutrality statutes and

decisions, and the note on the case of the Trent,--a model of calm,

judicial dissertation. The recent agitation of the subjects of all of

these makes them matters of general interest, and we cannot but think

that the timely publication of this edition of Mr. Wheaton's work will

aid efficiently in the satisfactory settlement of some of them. True to

the principles which he holds of the evidences of international law, Mr.

Dana avoids spending much time in discussing questions still unsettled,

satisfying himself with a clear statement of the present state of each

controversy, and leaving it for the future attention of statesmen and

jurists. Attached to the volume is a full and carefully prepared

Index,--sufficient for all the requirements of any reasonably

intelligent reader.

We cannot dismiss this book without alluding to the newspaper

controversy which the editor of the two preceding editions has started,

and seems determined to keep alive, even if he have no antagonist. We

wish to do full justice to Mr. Beach Lawrence's services to the science

of public law. His industry and the extent and variety of his

information will always make his writings valuable as books of

reference,--much as we think this value is lowered by his method of

treatment and partisan views. Some natural disappointment and

irritation would be excusable in him on the announcement that a work, of

which he imagined he enjoyed a monopoly, was receiving the attention of

so formidable a rival; but this does not excuse the bad taste and bad

temper with which he has published his complaints. Of the merits of his

dispute with Mr. Wheaton's heirs we know little, and shall say nothing,

except that they have been guided in their conduct by what they regarded

as high legal opinion of their rights and obligations, and that, if Mr.

Lawrence has been wronged, the courts of which he talks so much, but to

which he seems to be so slow to appeal, will give him redress. But if it

be considered becoming to drag ladies and their private circumstances

before the public in the manner in which Mr. Lawrence has done it, there

must be a grievous decline of the old chivalrous feeling in regard to

women. Still more solemnly must we protest against his recent charges

against Mr. Dana. In these he impugns the honor of a distinguished

contemporary, charging him with gross and impudent piracy of the results

of another's labors. If there be foundation for these charges, they

ought to be made; but there are two ways of making them, and the course

which Mr. Lawrence has taken in bringing them, at a time when Mr. Dana

is absent from the country, and leaving them to rest solely on his own

unsupported assertion--without citing or referring to any of the facts

which he declares exist--is highly censurable. We have found no evidence

of the truth of his charges in a cursory examination of a considerable

part of both works; and a friend upon whose judgment we place full

reliance, and who has carefully compared the labors of the two editors,

assures us that there is nothing which at all substantiates them. Mr.

Lawrence has needlessly involved his own character in this affair; and

the public will demand from him proofs of a most flagrant violation of

the rights of literary property, before it will be inclined to admit any

palliation for the errors he has committed in conducting the

controversy.

_English Travellers and Italian Brigands. A Narrative of

Capture and Captivity._ By W. J. C. MOENS. New York: Harper and

Brothers.

_Prison-Life in the South: at Richmond, Macon, Savannah,

Charleston, Columbia, Charlotte, Raleigh, Goldsborough, and

Andersonville, during the Years 1864 and 1865._ By A. O.

ABBOTT. New York: Harper and Brothers.

The narrative of Mr. Moens, so far as it relates to the general subject

of brigandage in South Italy, will hardly present anything novel to

those who have at all studied the history or character of that scourge.

In fact, Italian brigandage is a very simple affair, about which it is

hard to say anything new. Given a starving, beaten, superstitious

population in a mountainous country, destitute of roads, and abounding

in easy refuges and inaccessible hiding-places, and you have brigandage

naturally. Given centuries of weak, cruel, and corrupt government, and

you have the perpetuation of brigandage inevitably. From time

immemorial, the social and political conditions in Naples have been

deprivation and oppression; and cause and effect have so long been

convertible, that it is often difficult to know one from the other. The

prevalence of brigandage demands measures on the part of the government

compared with the severity of which martial law is lax and mild; and the

crime which provokes these harsh measures has revived again from the

disaffection which they produce. All authorities on the subject are

agreed that brigandage finds its shield and support in the fears of the

people, and the complete system of espionage which the robbers are

enabled to maintain through their accomplices in society. These are

sometimes priests and persons of station, but more commonly peasants

whose friends or relatives are brigands. During the French-republican

rule of Naples, when Manhes was at the head of the troops assigned the

duty of extirpating brigandage, the robbers were for once destroyed by

the terrible measures taken against their accomplices. No one suspected

of communicating with them in any way was spared. Men were shot for

selling them food. Women and children taking food into the fields to eat

while at work were shot, under an order forbidding this custom lest the

provisions should fall into the hands of the robbers. For once, the

authorities outbid the brigands for the terror of the wretched

inhabitants, and annihilated them. But it was natural, in a country

where every peasant is a possible brigand, and only waits for a lawless

impulse or lawless deed to make him an actual brigand, that brigandage

should flourish again as soon as the rigid procedure against it was

relaxed. The returning Bourbons found it on every hill; and though they

combated it with fitful severity and unremitting treachery, they left it

essentially unimpaired to the Italian government in 1860. It is by no

means true--as Mr. Moens asserts upon the authority of Murray's

Guide-Book--that the late Bourbon government did anything towards

effectually suppressing brigandage. The brigands were put down in one

place to spring up in another, and they swarmed everywhere after a lean

harvest. They never were effectually suppressed, except by Manhes; and,

as the Italian government has mercifully refused to adopt his course for

their destruction, it is probable that they will exist until the country

is generally opened with roads, and the people educated, and, above all,

Protestantized. For it must never be forgotten that, since the union of

Naples with Italy, brigandage has been fostered by the Bourbons and the

Papists, and that the Italians have had to fight, not only the robbers

in Naples, but Francis II. and Pius IX. at Rome.

To the readers of the newspapers, the name of Mr. Moens is known as that

of the English gentleman who was taken by brigands in May of last year,

on his return from a little pleasure excursion to Paestum. He and his

party--consisting of his wife and the Rev. Mr. Aynsley and wife--had

trusted too implicitly in the notice given by their landlord that the

road from Salerno to the famous temples was free from brigands, and

guarded by troops. Near a little town called Battipaglia, the military

having been withdrawn temporarily to permit the families of some

captives to negotiate their ransom with the band of Giardullo, the band

of Manzo swooped down upon the unhappy tourists, and carried off both

the gentlemen of the party. The troops appeared almost immediately after

the capture, but the brigands escaped with their prisoners, one of whom

they released a few days later, that he might return to Naples, and

raise the ransom demanded for himself and his friend. The book, from

this point, is the relation of Mr. Moens's trials and adventures with

the bandits, and Mrs. Moens's hardly less terrible efforts and anxieties

for his release. It was decided by the band that their captive was a

Milord, and they demanded a ransom of $200,000 for him, subsequently

reducing the sum to $30,000, which was paid them in instalments, and

which having received in full, they released their prisoner after a

captivity of four months. All the negotiations for the ransom of Mr.

Moens had to be carried on in defiance of Italian law, and by indulgence

of its officers; for to supply the brigands with food or money is an

offence punishable with twenty years in the galleys. Generous English

friends at Naples interested themselves in the affair, and the aid which

Mrs. Moens received from Italians in private and official station was no

less cordial and constant. Indeed, the business of Mr. Moens's recapture

became of almost international importance. All the Italian troops in the

region were employed in pursuit of Manzo's band; and a British

man-of-war was sent to a certain point on the coast, in the hope that

the bandits could be induced to go on board by the promise of impunity,

and transfer to England.

In the mean time Mr. Moens remained with his captors, sharing all their

perils and privations, and making perforce the most faithful study ever

made of their life. It must be confessed that the picture has few

features attractive to people at peace with society. Most of the

brigands are men who have placed themselves beyond the law by some

hideous crime,--or misfortune, as they would call it in Naples,--and in

other cases they are idle ruffians, who have taken to robbery because

they like it. They generally look forward to a time when, having placed

a sufficient amount of money at interest, they can surrender themselves

to the authorities, pass a few comfortable years in prison, and issue

forth ornaments to society. To be sure, this scheme is subject to

chances. They are hunted by the soldiers, day and night, like wild

beasts; and, if taken under arms, are shot without trial. Half the time

they are without food, and suffer the agonies of hunger and thirst; and

they are always without shelter, except such as trees or caverns can

give. When they have anything, they "eat their bread with carefulness,

and drink their water with astonishment,"--quarrelling over it a good

deal, and trying to steal from one another. When they have nothing, they

buckle their belts tighter, and bear it as best they may.

Mr. Moens, who fared no better than the rest, does not seem to have

fared much worse. Indeed, he was much more comfortably situated than the

ladies of the band, who, being dressed as men, were armed and obliged to

fight like their comrades, and yet had no share of the spoils, but

received many more cuffs and hard words than we, who have only seen

them in pictures, can well associate with the idea of brigandesses.

Being poor ignorant peasants originally, and being afterwards poor

ignorant robbers, the brigands inflicted little unnecessary suffering

upon their prisoner. Occasionally, to be sure, they struck him; but this

was in hot blood, and he was allowed to strike back and restore the

balance of justice. These wretched creatures, imbruted and stained with

innumerable murders, seem to have had very little idea of the usages of

civilized people in regard to captives; and any one who will compare the

story of Mr. Moens with the narratives of the prisoners given in Mr.

Abbott's book, will see how absurdly the bandits neglected their

advantages. After all, it is your high-toned Southern gentleman, compact

of the best blood of the Cavaliers and the Huguenots, and presenting in

this unhappy hemisphere the finest reflection of the English nobleman's

character, who understands best how to use a prisoner. There is nothing

like having in your power from childhood a number of helpless human

beings, to teach you how to treat a captured enemy; and we cannot help

thinking that Mrs. Moens, who will not spare the American Unionists a

sneer in the first chapter of her diary, would have understood us better

if her husband had been in the hands of Captain Wirz instead of Captain

Manzo. Had Mr. Moens been a soldier of the Union, taken while fighting

to defend his country against rebellion, he would have been carried into

the midst of a people inured to the practice of cruelty by slavery, and

all the more abominable because they believed themselves Christian and

civilized. There he would have been thrust into a roofless close,

already densely thronged with thousands of famished, sick, and maddened

men. He would have had no shelter from the blazing sun or drenching

storm, except such as the happier wild creatures make themselves in

holes and burrows. Guards, emulous in murder, would have been set over

him, with instructions to shoot him, if he reached, in the delirium of

famine, across a certain line to clutch a bone, or stooped to moisten

his lips in a pool less filthy than those at which his comrades quenched

their thirst within the bounds. In the mountains of Naples, the brigands

gave him to eat and drink of their scanty fare, and shared with him the

last crust and the last drop. In Georgia, in the midst of plenty, his

keepers would have slowly starved him to death, and would have driven

away, with threats and curses, any that offered to succor his distress.

If he escaped, they would have hunted him with bloodhounds, and so

brought him back; and if he sickened under his torture, they would have

left him, naked and unsheltered, to languish with wasting disease and

devouring vermin,--to die, or to rot and drop away piecemeal while yet

alive.

Other writers on brigandage, besides Mr. Moens, relate anomalous facts

concerning it, which can, perhaps, be matched only in this country,

where alone the cruelty and impunity of Italian brigandage can be

matched. It is well known that for a long time the heirs of Fra Diavolo

received from the government a pension bestowed in recognition of that

distinguished chief's services to humanity. The retired chief, Talarico,

is now in the undisturbed enjoyment of the gains of brigandage upon his

place near Naples; and Count Saint-Jorioz, in his interesting work, _Il

Brigantaggio alla Frontiera, Pontificia,_ declares that in some cases

the _employes_ of the Italian government in the Neapolitan provinces are

men known to have been in other times _manutengoli_, or accomplices of

brigands; nay, that sometimes the very courts of law have favored,

instigated, and connived at brigandage. Similarly, in our own country,

we find men guilty of the cruelties of Andersonville and Columbia, and

stained with treason, in the enjoyment of offices and honors throughout

the South, while the servants of the law lend themselves to violence and

murder with a boldness unheard of in Naples, where there is some show of

decency in these things. At least, we have not read of the _sindaco_ and

policemen of any town of the Abruzzi who have openly applauded and

joined the brigands in hunting and slaughtering peaceable inhabitants,

as happened lately in New Orleans and Memphis; and we feel quite sure

that, if they had committed such an offence, it would not have been

passed over in silence by the head of the Italian people. But, then,

with all their errors, the Italians have not yet intrusted great power

to the hands of a peasant of the class which produces brigands; whereas

we have taken for our chief magistrate a man in whom everything generous

and noble seems to have been extinguished by the hard conditions of a

poor white's life at the South.

The Atlantic Monthly, Volume 18, No. 108, October, 1866 A Magazine of Literature, Science, Art, and Politics · 第 28 / 28 题