The Duel Between France and Germany.

by Charles Sumner.

LECTURE IN THE MUSIC HALL, BOSTON, OCTOBER 26, 1870.

"When kings make war, No law betwixt two sovereigns can decide, But that of arms, where Fortune is the judge, Soldiers the lawyers, and the Bar the field."

DEYDEN, _Love Triumphant_, Act I. Sc. 1.

LECTURE.

MR. PRESIDENT,--I am to speak of the Duel between France and Germany, with its Lesson to Civilization. In calling the terrible war now waging a Duel, I might content myself with cla.s.sical authority, _Duellum_ being a well-known Latin word for War.

The historian Livy makes a Roman declare that affairs are to be settled "by a pure and pious duel"; [Footnote: "Puro pioqne duello."--_Historie_, Lib. I. cap. 32.] the dramatist Plautus has a character in one of his plays who obtains great riches "by the duelling art," [Footnote: "Arte duellica."--_Epidicus_, Act. III. Sc. iv. 14.] meaning the art of war; and Horace, the exquisite master of language, hails the age of Augustus with the Temple of Ja.n.u.s closed and "free from duels," [Footnote: "Vacuum duellis."--_Carmina_, Lib, IV. xv. 8.] meaning at peace,--for then only was that famous temple shut.

WAR UNDER THE LAW OF NATIONS A DUEL.

But no cla.s.sical authority is needed for this designation. War, as conducted under International Law, between two organized nations, is in all respects a duel, according to the just signification of this word,--differing from that between two individuals only in the number of combatants. The variance is of proportion merely, each nation being an individual who appeals to the sword as Arbiter; and in each case the combat is subject to rules const.i.tuting a code by which the two parties are bound. For long years before civilization prevailed, the code governing the duel between individuals was as fixed and minute as that which governs the larger duel between nations, and the duel itself was simply a mode of deciding questions between individuals. In presenting this comparison I expose myself to criticism only from those who have not considered this interesting subject in the light of history and of reason. The parallel is complete. Modern war is the duel of the Dark Ages, magnified, amplified, extended so as to embrace nations; nor is it any less a duel because the combat is quickened and sustained by the energies of self-defence, or because, when a champion falls and lies on the ground, he is brutally treated. An authentic instance ill.u.s.trates such a duel; and I bring before you the very pink of chivalry, the Chevalier Bayard, "the knight without fear and without reproach," who, after combat in a chosen field, succeeded by a feint in driving his weapon four fingers deep into the throat of his adversary, and then, rolling with him, gasping and struggling, on the ground, thrust his dagger into the nostrils of the fallen victim, exclaiming, "Surrender, or you are a dead man!"--a speech which seemed superfluous; for the second cried out, "He is dead already; you have conquered." Then did Bayard, brightest among the Sons of War, drag his dead enemy from the field, crying, "Have I done enough?" [Footnote: La tresjoyeuse, plaisante et recreative Hystoire, composee par le Loyal Serviteur, des Faiz, Gestes, Triumphes et Prouesses du Bon Chevalier sans Paour et sans Reprouche, le Gentil Seigneur de Bayart: Pet.i.tot, Collection des Memoires relatifs a l'Histoire de France, Tom. XV. pp. 241, 242.] Now, because the brave knight saw fit to do these things, the combat was not changed in original character. It was a duel at the beginning and at the end. Indeed, the brutality with which it closed was the natural incident of a duel. A combat once begun opens the way to violence, and the conqueror too often surrenders to the Evil Spirit, as Bayard in his unworthy barbarism.

In likening war between nations to the duel, I follow not only reason, but authority also. No better lawyer can be named in the long history of the English bar than John Selden, whose learning was equalled only by his large intelligence. In those conversations which under the name of "Table-Talk" continue still to instruct, the wise counsellor, after saying that the Church allowed the duel anciently, and that in the public liturgies there were prayers appointed for duellists to say, keenly inquires, "But whether is this lawful?" And then he answers, "If you grant any war lawful, I make no doubt but to convince it." [Footnote: Table- Talk, ed. Singer, London, 1856, p. 47,--_Duel_.] Selden regarded the simple duel and the larger war as governed by the same rule. Of course the exercise of force in the suppression of rebellion, or in the maintenance of laws, stands on a different principle, being in its nature a constabulary proceeding, which cannot be confounded with the duel. But my object is not to question the lawfulness of war; I would simply present an image, enabling you to see the existing war in its true character.

The duel in its simplest form is between two individuals. In early ages it was known sometimes as the Judicial Combat, and sometimes as Trial by Battle. Not only points of honor, but t.i.tles to land, grave questions of law, and even the subtilties of theology, were referred to this arbitrament, [Footnote: Robertson, History of the Reign of Charles V.: View of the Progress of Society in Europe, Section I. Note XXII.]--just as now kindred issues between nations are referred to Trial by Battle; and the early rules governing the duel are reproduced in the Laws of War established by nations to govern the great Trial by Battle. Ascending from the individual to corporations, guilds, villages, towns, counties, provinces, we find that for a long period each of these bodies exercised what was called "the Right of War." The history of France and Germany shows how reluctantly this mode of trial yielded to the forms of reason and order. France, earlier than Germany, ordained "Trial by Proofs," and eliminated the duel from judicial proceedings, this important step being followed by the gradual amalgamation of discordant provinces in the powerful unity of the Nation,----so that Brittany and Normandy, Franche-Comte and Burgundy, Provence and Dauphiny, Gascony and Languedoc, with the rest, became the United States of France, or, if you please, France. In Germany the change was slower; and here the duel exhibits its most curious instances. Not only feudal chiefs, but a.s.sociations of tradesmen and of domestics sent defiance to each other, and sometimes to whole cities, on pretences trivial as those which have been the occasion of defiance from nation to nation. There still remain to us Declarations of War by a Lord of Frauenstein against the free city of Frankfort, because a young lady of the city refused to dance with his uncle,--by the baker and domestics of the Margrave of Baden against Esslingen, Reutlingen, and other imperial cities,--by the baker of the Count Palatine Louis against the cities of Augsburg, Ulm, and Rottweil,--by the shoe-blacks of the University of Leipsic against the provost and other members,--and by the cook of Eppstein, with his scullions, dairy-maids, and dish-washers, against Otho, Count of Solms. [Footnote: c.o.xe, History of the House of Austria. (London, 1820) Ch. XIX., Vol. I.

p. 378.] This prevalence of the duel aroused the Emperor Maximilian, who at the Diet of Worms put forth an ordinance abolishing the right or liberty of Private War, and inst.i.tuting a Supreme Tribunal for the determination of controversies without appeal to the duel, and the whole long list of duellists, whether corporate or individual, including n.o.bles, bakers, shoe-blacks, and cooks, was brought under its pacific rule. Unhappily the beneficent reform stopped half-way, and here Germany was less fortunate than France. The great provinces were left in the enjoyment of a barbarous independence, with the "right" to fight each other. The duel continued their established arbiter, until at last, in 1815, by the Act of Union const.i.tuting the Confederation or United States of Germany, each sovereignty gave up the right of war with its confederates, setting an example to the larger nations. The terms of this important stipulation, marking a stage in German unity, were as follows:--

"The members of the Confederation further bind themselves under no pretext to make war upon one another, or to pursue their differences by force of arms, but to submit them to the Diet."

[Footnote: Acte pour la Const.i.tution federative de l'Allemagne du 8 Juin 1815, Art. 11: Archives Diplomatiques, (Stuttgart et Tubingen, 1821-36,) Vol. IV. p. 15.]

Better words could not be found for the United States of Europe, in the establishment of that Great Era when the Duel shall cease to be the recognized Arbiter of Nations.

With this exposition, which I hope is not too long, it is easy to see how completely a war between two nations is a duel,--and, yet further, how essential it is to that a.s.sured peace which civilization requires, that the duel, which is no longer tolerated as arbiter between individuals, between towns, between counties, between provinces, should cease to be tolerated as such between nations. Take our own country, for instance. In a controversy between towns, the local law provides a judicial tribunal; so also in a controversy between counties. Ascending still higher, suppose a controversy between two States of our Union; the National Const.i.tution establishes a judicial tribunal, being the Supreme Court of the United States. But at the next stage there is a change. Let the controversy arise between two nations, and the Supreme Law, which is the Law of Nations, establishes, not a judicial tribunal, but the duel, as arbiter. What is true of our country is true of other countries where civilization has a foothold, and especially of France and Germany. The duel, though abolished as arbiter at home, is continued as arbiter abroad. And since it is recognized by International Law and subjected to a code, it is in all respects an Inst.i.tution. War is an inst.i.tution sanctioned by International Law, as Slavery, wherever it exists, is an inst.i.tution sanctioned by Munic.i.p.al Law. But this inst.i.tution is nothing but the duel of the Dark Ages, prolonged into this generation, and showing itself in portentous barbarism.

WHY THIS PARALLEL NOW?

Therefore am I right, when I call the existing combat between France and Germany a Duel. I beg you to believe that I do this with no idle purpose of ill.u.s.tration or criticism, but because I would prepare the way for a proper comprehension of the remedy to be applied. How can this terrible controversy be adjusted? I see no practical method, which shall reconcile the sensibilities of France with the guaranties due to Germany, short of a radical change in the War System itself. That Security for the Future which Germany may justly exact can be obtained in no way so well as by the disarmament of France, to be followed naturally by the disarmament of other nations, and the subst.i.tution of some peaceful tribunal for the existing Trial by Battle. Any dismemberment, or curtailment of territory, will be poor and inadequate; for it will leave behind a perpetual sting. Something better must be done.

SUDDENNESS OF THIS WAR.

Never in history has so great a calamity descended so suddenly upon the Human Family, unless we except the earthquake toppling down cities and submersing a whole coast in a single night. But how small all that has ensued from any such convulsion, compared with the desolation and destruction already produced by this war!

From the first murmur to the outbreak was a brief moment of time, as between the flash of lightning and the bursting of the thunder.

At the beginning of July there was peace without suspicion of interruption. The Legislative Body had just discussed a proposition for the reduction of the annual Army Contingent. At Berlin the Parliament was not in session. Count Bismarck was at his country home in Pomerania, the King enjoying himself at Ems.

How sudden and unexpected the change will appear from an ill.u.s.trative circ.u.mstance. M. Prevost-Paradol, of rare talent and unhappy destiny, newly appointed Minister to the United States, embarked at Havre on the 1st of July, and reached Washington on the morning of the 14th of July. He a.s.sured me that when he left France there was no talk or thought of war. During his brief summer voyage the whole startling event had begun and culminated.

Prince Leopold of Hohenzollern-Sigmaringen being invited to become candidate for the throne of Spain, France promptly sent her defiance to Prussia, followed a few days later by formal Declaration of War. The Minister was oppressed by the grave tidings coming upon him so unprepared, and sought relief in self- slaughter, being the first victim of the war. Everything moved with a rapidity borrowed from the new forces supplied by human invention, and the Gates of War swung wide open.

CHALLENGE TO PRUSSIA.

A few incidents exhibit this movement. It was on the 30th of June, while discussing the proposed reduction of the Army, that Emile Ollivier, the Prime-Minister, said openly: "The Government has no kind of disquietude; at no epoch has the maintenance of peace been more a.s.sured; on whatever side you look, you see no irritating question under discussion." [Footnote: Journal Officiel du Soir, 3 Juillet 1870.] In the same debate, Gamier-Pages, the consistent Republican, and now a member of the Provisional Government, after asking, "Why these armaments?" cried out: "Disarm, without waiting for others: this is practical. Let the people be relieved from the taxes which crush them, and from the heaviest of all, the tax of blood." [Footnote: Journal Official du Soir, 2 Juillet 1870.] The candidature of Prince Leopold seems to have become known at Paris on the 5th of July. On the next day the Duc de Gramont, of a family famous in scandalous history, Minister of Foreign Affairs, hurries to the tribune with defiance on his lips. After declaring for the Cabinet that no foreign power could be suffered, by placing one of its princes on the throne of Charles the Fifth, to derange the balance of power in Europe, and put in peril the interests and the honor of France, he concludes by saying, in ominous words: "Strong in your support, Gentlemen, and in that of the nation, we shall know how to do our duty without hesitation and without weakness." [Footnote: Ibid., 8 Juillet.]

This defiance was followed by what is called in the report, "general and prolonged movement,--repeated applause"; and here was the first stage in the duel. Its character was recognized at once in the Chamber. Gamier-Pages exclaimed, in words worthy of memory: "It is dynastic questions which trouble the peace of Europe. The people have only reason to love and aid each other." [Footnote: Ibid.] Though short, better than many long speeches. Cremieux, an a.s.sociate in the Provisional Government of 1848, insisted that the utterance of the Minister was "a menace of war"; and Emmanuel Arago, son of the great Republican astronomer and mathematician, said that the Minister "had declared war." [Footnote: Ibid.]

These patriotic representatives were not mistaken. The speech made peace difficult, if not impossible. It was a challenge to Prussia.

COMEDY.

Europe watched with dismay as the gauntlet was thus rudely flung down, while on this side of the Atlantic, where France and Germany commingle in the enjoyment of our equal citizenship, the interest was intense. Morning and evening the telegraph made us all partakers of the hopes and fears agitating the world. Too soon it was apparent that the exigence of France would not be satisfied, while already her preparations for war were undisguised. At all the naval stations, from Toulon to Cherbourg, the greatest activity prevailed. Marshal MacMahon was recalled from Algeria, and transports were made ready to bring back the troops from that colony.

Meanwhile the candidature of Prince Leopold was renounced by him.

But this was not enough. The King of Prussia was asked to promise that it should in no event ever be renewed,--which he declined to do, reserving to himself the liberty of consulting circ.u.mstances.

This requirement was the more offensive, inasmuch as it was addressed exclusively to Prussia, while nothing was said to Spain, the princ.i.p.al in the business. Then ensued an incident proper for comedy, if it had not become the declared cause of tragedy. The French Amba.s.sador, Count Benedetti, who, on intelligence of the candidature, had followed the King to Ems, his favorite watering- place, and there in successive interviews pressed him to order its withdrawal, now, on its voluntary renunciation, proceeding to urge the new demand, and after an extended conversation, and notwithstanding its decided refusal, seeking, nevertheless, another audience the same day on this subject, his Majesty, with perfect politeness, sent him word by an adjutant in attendance, that he had no other answer to make than the one already given: and this refusal to receive the Amba.s.sador was promptly communicated by telegraph, for the information especially of the different German governments. [Footnote: Bismarck to Bernstorff, July 19, 1870, with Inclosures: Parliamentary Papers, 1870, Vol.

LXX.,--Franco-Prussian War, No. 3, pp. 5-8. Gerolt to Fish, August 11, 1870, with Inclosures: Executive Doc.u.ments, 41st Cong. 3d Sess., H. of R., Vol. I. No. 1, Part 1,--Foreign Relations, pp.

219-221. The reader will notice that the copy of the Telegram in this latter volume is the paper on p. 221, with the erroneous heading, "_Count Bismarck to Baron Gerolt._"]

PRETEXT OF THE TELEGRAM.

These simple facts, insufficient for the slightest quarrel, intolerable in the pettiness of the issue disclosed, and monstrous as reason for war between two civilized nations, became the welcome pretext. Swiftly, and with ill-disguised alacrity, the French Cabinet took the next step in the duel. On the 15th of July the Prime-Minister read from the tribune a manifesto setting forth the griefs of France,--being, first, the refusal of the Prussian King to promise for the future, and, secondly, his refusal to receive the French Amba.s.sador, with the communication of this refusal, as was alleged, "officially to the Cabinets of Europe,"

which was a mistaken allegation: [Footnote: Bismarck to Bernstorff, July 18, and to Gerolt, July 19, 1870: Parliamentary Papers and Executive Doc.u.ments, Inclosures, _ubi supra._] and the paper concludes by announcing that since the preceding day the Government had called in the reserves, and that they would immediately take the measures necessary to secure the interests, the safety, and the honor of France. [Footnote: Journal Officiel du Soir, 17 Juillet 1870.] This was war.

Some there were who saw the fearful calamity, the ghastly crime, then and there initiated. The scene that ensued belongs to this painful record. The paper announcing war was followed by prolonged applause. The Prime-Minister added soon after in debate, that he accepted the responsibility with "a light heart." [Footnote: "De ce jour commence pour les ministres mes collegues, et pour moi, une grande responsibilite. ["Oui!" _gauche_.] Nous l'acceptons, le coeur leger."] Not all were in this mood. Esquiros, the Republican, cried from his seat, in momentous words, "You have a light heart, and the blood of nations is about to flow!" To the apology of the Prime-Minister, "that in the discharge of a duty the heart is not troubled," Jules Favre, the Republican leader, of acknowledged moderation and ability, flashed forth, "When the discharge of this duty involves the slaughter of two nations, one may well have the heart troubled!" Beyond these declarations, giving utterance to the natural sentiments of humanity, was the positive objection, most forcibly presented by Thiers, so famous in the Chamber and in literature, "that the satisfaction due to France had been accorded her---that Prussia had expiated by a check the grave fault she had committed,"--that France had prevailed in substance, and all that remained was "a question of form," "a question of susceptibility," "questions of etiquette." The experienced statesman asked for the dispatches.

Then came a confession. The Prime-Minister replied, that he had "nothing to communicate,--that, in the true sense of the term, there had been no dispatches,--that there were only verbal communications gathered up in reports, which, according to diplomatic usage, are not communicated." Here Emmanuel Arago interrupted: "It is on these reports that you make war!" The Prime-Minister proceeded to read two brief telegrams from Count Benedetti at Ems, when De Choiseul very justly exclaimed: "We cannot make war on that ground; it is impossible!" Others cried out from their seats,--Garnier Pages saying, "These are phrases"; Emmanuel Arago protesting, "On this the civilized world will p.r.o.nounce you wrong"; to which Jules Favre added, "Unhappily, true!" Thiers and Jules Favre, with vigorous eloquence, charged the war upon the Cabinet: Thiers declaring, "I regret to be obliged to say that we have war by the fault of the Cabinet"; Jules Favre alleging, "If we have war, it is thanks to the politics of the Cabinet;....from the exposition that has been made, so far as the general interests of the two countries are concerned, there is no avowable motive for war." Girault exclaimed, in similar spirit: "We would be among the first to come forward in a war for the country, but we do not wish to come forward in a dynastic and aggressive war." The Duc de Gramont, who on the 6th of July flung down the gauntlet, spoke once more for the Cabinet, stating solemnly, what was not the fact, that the Prussian Government had communicated to all the Cabinets of Europe the refusal to receive the French Amba.s.sador, and then on this misstatement ejaculating: "It is an outrage on the Emperor and on France; and if, by impossibility, there were found in my country a Chamber to bear and tolerate it, I would not remain five minutes Minister of Foreign Affairs." In our country we have seen how the Southern heart was fired; so also was fired the heart of Franco.

The Duke descended from the tribune amidst prolonged applause, with cries of "Bravo!"--and at his seat (so says the report) "received numerous felicitations." Such was the atmosphere of the Chamber at this eventful moment. The orators of the Opposition, pleading for delay in the interest of peace, were stifled; and when Gambetta, the young and fearless Republican, made himself heard in calling for the text of the dispatch communicating the refusal to receive the Amba.s.sador, to the end that the Chamber, France, and all Europe might judge of its character, he was answered by the Prime-Minister with the taunt that "for the first time in a French a.s.sembly there were such difficulties on a certain side in explaining _a question of honor_." Such was the case as presented by the Prime-Minister, and on this question of honor he accepted war "with a light heart." Better say, with no heart at all;--for who so could find in this condition of things sufficient reason for war was without heart. [Footnote: For the full debate, see the _Journal Officid du Soir_, 17 Juillet 1870, and Supplement.]

During these brief days of solicitude, from the 6th to the 15th of July, England made an unavailing effort for peace. Lord Lyons was indefatigable; and he was sustained at home by Lord Granville, who as a last resort reminded the two parties of the stipulation at the Congress of Paris, which they had accepted, in favor of Arbitration as a subst.i.tute for War, and asked them to accept the good offices of some friendly power. [Footnote: Earl Granville to Lords Lyons and Loftus, July 15, 1870,--Correspondence respecting the Negotiations preliminary to the War between France and Prussia, p. 35: Parliamentary Papers, 1870, Vol. LXX.] This most reasonable proposition was rejected by the French Minister, who gave new point to the French case by charging that Prussia "had chosen to declare that France had been affronted in the person of her Amba.s.sador," and then positively insisting that "it was this boast which was the _gravamen_ of the offence." Capping the climax of barbarous absurdity, the French Minister did not hesitate to announce that this "const.i.tuted an insult which no nation of any spirit could brook, and rendered it, much to the regret of the French Government, impossible to take into consideration the mode of settling the original matter in dispute which was recommended by her Majesty's Government." [Footnote: Lord Lyons to Earl Granville, July 15, 1870,--Correspondence respecting the Negotiations preliminary to the War between France and Prussia, pp. 39, 40: Parliamentary Papers, 1870, Vol. LXX.]