Chapter XII: Book XV: ch. 5, § 12 (3)
My dear sir,--It was without my knowledge--doubtless through some misapprehension of the Committee--that my name was announced among those to speak in Faneuil Hall to-night.
As a candidate, I feel disposed during the present week to follow what I believe has been the usage in our District, and to avoid meeting my fellow-citizens in public assemblies. I am happy that there are others whose eloquent voices will rally them in the good cause.
Here in Massachusetts our new party, while yet in its cradle, shows a giant's strength. Its enemies look on with amazement, while its friends rejoice. Let us continue to do as we have already done.
True to the principles which have led her by a majority of her votes to reject both Taylor and Cass, Massachusetts cannot uphold their supporters. Her opposition to the old and vicious organizations can be made effectual only by opposing all who sustained these obnoxious candidates. Nor can any candid person object to this course. We are a separate party, and as such have separate candidates. A member of the Taylor faction might complain as well of the Cass party as of the Free-Soil party, for not sustaining his candidate.
Our party is composed of persons from all the other parties,--drawn together by no consideration of mere expediency or personal advantage, but united by a common bond of principle to promote that great cause of Freedom with whose triumph is indissolubly connected the highest welfare of our country. Such a cause is worthy of all our energies. It appeals to good men in the name of virtue and religion. It appeals to the young by the best instincts of their nature. It appeals to those who call themselves Whigs by all the professions of their party here in times past. It appeals to those who call themselves Democrats by all those principles which give life, dignity, and truth to the Democratic character.
With such a cause, at the present moment, we cannot hesitate. In the words of Patrick Henry, which, on the eve of our earlier Revolution, sent a thrill through the Continent, "we must fight, I repeat it, Sir, we must fight,"--not with fire and sword, not with weapons of flesh, but with earnest words, with devout aspirations, with sincere and determined souls. Thus shall we conquer that opposing power, which, through the agency of both the old political parties, now seeks to trample down the rising struggle for Freedom.
Faithfully yours,
CHARLES SUMNER.
TO THE CHAIRMAN OF THE FREE-SOIL MEETING, FANEUIL HALL.
The nomination of Mr. Sumner to Congress in Boston was like a forlorn hope. The vote stood 7,726 for Mr. Winthrop, 1,460 for Mr. Hallett, and 2,336 for Mr. Sumner. At the Presidential election, the week before, the vote was 8,427 for General Taylor, 2,997 for General Cass, and 1,909 for Mr. Van Buren.
WAR SYSTEM OF THE COMMONWEALTH OF NATIONS.
ADDRESS BEFORE THE AMERICAN PEACE SOCIETY, AT ITS ANNIVERSARY
MEETING IN THE PARK STREET CHURCH, BOSTON, MAY 28, 1849.
That it may please Thee to give to all nations unity, peace, and
concord.--THE LITANY.
What angel shall descend to reconcile
The Christian states, and end their guilty toil?
WALLER.
Quæ harmonia a musicis dicitur in cantu, ea est in civitate
concordia.--CICERO, _De Republica_, Lib. II. Cap. 42.
Una dies Fabios ad bellum miserat omnes,
Ad bellum missos perdidit una dies.
OVID, _Fasti_, Lib. II. 235, 236.
Cum hac persuasione vivendum est: Non sum uni angulo natus; patria mea totus hic mundus est.--SENECA, _Epistola_ XXVIII.
Illi enim exorsi sunt non ab observandis telis aut armis aut tubis; id enim invisum illis est propter Deum quem in conscientia sua gestant.--MARCUS AURELIUS, _Epistola ad Senatum_: S. Justini _Apologia I. pro Christianis_, Cap. 71.
War is one of the greatest plagues that can afflict humanity: it destroys religion, it destroys states, it destroys families. Any scourge, in fact, is preferable to it. Famine and pestilence become as nothing in comparison with it.... Cannons and fire-arms are cruel and damnable machines. I believe them to have been the direct suggestion of the Devil.... If Adam had seen in a vision the horrible instruments his children were to invent, he would have died of grief.--MARTIN LUTHER, _Table-Talk_, tr. Hazlitt, pp. 331-332.
Mulei Abdelummi, assaulted by his brother and wounded in the church, 1577, would not stirre till _sala_, or prayer, was done.--PURCHAS, _Pilgrims_, Part II. Book IX. Chap. 12, § 6, p. 1564.
A duel may still be granted in some cases by the law of England, and only there. That the Church allowed it anciently appears by this: In their public liturgies there were prayers appointed for the duellists to say; the judge used to bid them go to such a church and pray, etc. But whether is this lawful? If you grant any war lawful, I make no doubt but to convince it.--SELDEN, _Table-Talk_: _Duel_.
I look upon the way of Treaties as a retiring from fighting like beasts to arguing like men, whose strength should be more in their understandings than in their limbs.--_Eikon Basilike_, XVIII.
Se peut-il rien de plus plaisant qu'un homme ait droit de me tuer parce qu'il demeure au delà de l'eau, et que son prince a querelle avec le mien, quoique je n'en aie aucune avec lui?--PASCAL, _Pensées_, Part. I. Art. VI. 9.
Pourquoi me tuez-vous? Eh quoi! ne demeurez-vous pas de l'autre côte de l'eau? Mon ami, si vous demeuriez de ce côté, je serais un assassin; cela serait injuste de vous tuer de la sorte: mais puisque vous demeurez de l'autre côté, je suis un brave, et cela est juste.--_Ibid._, Part. I. Art. IX. 3.
De tout temps les hommes, pour quelque morceau de terre de plus ou de moins, _sont convenus_ entre eux de se dépouiller, se brûler, se tuer, s'égorger les uns les autres; et pour le faire plus ingénieusement et avec plus de sûreté, ils ont inventé de belles règles qu'on appelle l'art militaire: ils ont attaché à la pratique de ces règles _la gloire_, ou la plus solide réputation; et ils ont depuis enchéri de siècle en siècle sur la manière de se détruire réciproquement.--LA BRUYÈRE, _Du Souverain ou de la République_.
La calamita esser innamorata del ferro.--VICO, _Scienza Nuova_, Lib. I., _Degli Elementi_, XXXII.
Unlistening, barbarous Force, to whom the sword
Is reason, honor, law.
THOMSON, _Liberty_, Part IV. 45, 46.
Enfin, tandis que les deux rois faisaient chanter des _Te Deum_, chacun dans son camp, il prit le parti d'aller raisonner ailleurs des effets et des causes. Il passa par-dessus des tas de morts et de mourants, et gagna d'abord un village voisin; il était en cendres: c'était un village Abare, que les Bulgares avaient brûlé, _selon les lois du droit public_.--VOLTAIRE, _Candide ou l'Optimiste_, Chap. III.
The rage and violence of public war, what is it but a suspension of justice among the warring parties?--HUME, _Essays: Inquiry concerning the Principles of Morals_, Section III., _Of Justice_, Part I.
A single robber or a few associates are branded with their genuine name; but the exploits of a numerous band assume the character of lawful and honorable war.--GIBBON, _Decline and Fall of the Roman Empire_, Chap. 50.
The glory of a warrior prince can only be written in letters of blood, and he can only be immortalized by the remembrance of the devastation of provinces and the desolation of nations. A warrior king depends for his reputation on the vulgar crowd, and must address himself to prejudice and ignorance to obtain the applause of a day, which the pen of the philosopher, the page of the historian, often annul, even before death comes to enshroud the mortal faculties in the nothingness from which they came. Consult, Sire, the laws of the King of Kings, and acknowledge that the God of the Universe is a God of Peace.--RIGHT HON. HUGH ELLIOT, _British Minister in Sweden, to Gustavus III., November 10, 1788: Memoir_, by the Countess of Minto, p. 324.
C'est un usage reçu en Europe, qu'un gentilhomme vende, à une querelle étrangère, le sang qui appartient à sa patrie; qu'il s'engage à assassiner, en bataille rangée, qui il plaira au prince qui le soudoie; et ce métier est regardé comme honorable.--CONDORCET, _Note 109 aux Pensées de Pascal_.
C'était un affreux spectacle que cette déroute. Les blessés, qui ne pouvaient se traîner, se couchaient sur le chemin; on les foulait aux pieds; les femmes poussaient des cris, les enfans pleuraient, les officiers frappaient les fuyards. Au milieu de tout ce désordre, ma mère avait passé sans que je la reconnusse. Un enfant avait voulu l'arrêter et la tuer, parce qu'elle fuyait.--MADAME DE LA ROCHEJAQUELEIN, _Mémoires_, Chap. XVII. p 301.
Let the soldier be abroad, if he will; he can do nothing in this age. There is another personage, a personage less imposing in the eyes of some, perhaps insignificant. The schoolmaster is abroad, and I trust to him, armed with his primer, against the soldier in full military array.--BROUGHAM, _Speech in the House of Commons, January 29, 1828_.
Was it possible for me to avoid the reflections which crowded into my mind, ... when I reflected that this peaceful and guiltless and useful triumph over the elements and over Nature herself had cost a million only of money, whilst fifteen hundred millions had been squandered on cruelty and crime, in naturalizing barbarism over the world, shrouding the nations in darkness, making bloodshed tinge the earth of every country under the sun,--in one horrid and comprehensive word, squandered on WAR, the greatest curse of the human race, and the greatest crime, because it involves every other crime within its execrable name?... I look backwards with shame, with regret unspeakable, with indignation to which I should in vain attempt to give utterance, ... when I think, that, if one hundred, and but one hundred, of those fifteen hundred minions, had been employed in promoting the arts of peace and the progress of civilization and of wealth and prosperity amongst us, instead of that other employment which is too hateful to think of, and almost nowadays too disgusting to speak of (and I hope to live to see the day when such things will be incredible, when, looking back, we shall find it impossible to believe they ever happened), instead of being burdened with eight hundred millions of debt, borrowed after spending seven hundred millions, borrowed when we had no more to spend, we should have seen the whole country covered with such works as now unite Manchester and Liverpool, and should have enjoyed peace uninterrupted during the last forty years, with all the blessings which an industrious and a virtuous people deserve, and which peace profusely sheds upon their lot.--IBID., _Speech at Liverpool, July 20, 1835_.
Who can read these, and such passages as these [from Plato], without wishing that some who call themselves Christians, some Christian Principalities and Powers, had taken a lesson from the Heathen sage, and, if their nature forbade them to abstain from massacres and injustice, at least had not committed the scandalous impiety, as he calls it, of singing in places of Christian worship, and for the accomplishment of their enormous crimes, _Te Deums_, which in Plato's Republic would have been punished as blasphemy? Who, indeed, can refrain from lamenting another pernicious kind of sacrilege, an anthropomorphism, yet more frequent,--that of making Christian temples resound with prayers for victory over our enemies, and thanksgiving for their defeat? Assuredly such a ritual as this is not taken from the New Testament.--IBID., _Discourse of Natural Theology_, Note VIII.
War is on its last legs; and a universal peace is as sure as is the prevalence of civilization over barbarism, of liberal governments over feudal forms. The question for us is only, _How soon?_--EMERSON, _War: Æsthetic Papers_, ed. E.P. Peabody, p. 42.
A day will come when the only battle-field will be the market open to commerce and the mind opening to new ideas. A day will come when bullets and bomb-shells will be replaced by votes, by the universal suffrage of nations, by the venerable arbitration of a great Sovereign Senate, which will be to Europe what the Parliament is to England, what the Diet is to Germany, what the Legislative Assembly is to France. A day will come when a cannon will be exhibited in public museums, just as an instrument of torture is now, and people will be astonished how such a thing could have been. A day will come when those two immense groups, the United States of America and the United States of Europe, shall be seen placed in presence of each other, extending the hand of fellowship across the ocean.--VICTOR HUGO, _Inaugural Address at the Peace Congress of Paris, August 22, 1849_.
Clearly, beyond question, whatsoever be our theories about human nature and its capabilities and outcomes, the less war and cutting of throats we have among us, it will be better for us all. One rejoices much to see that immeasurable tendencies of this time are already pointing towards the results you aim at,--that, to all appearance, as men no longer wear swords in the streets, so neither by-and-by will nations.--CARLYLE, _Letter to the Peace Congress at London, July, 1851_.
The longer I live, the more I am convinced of the necessity of a powerful association to plead the cause of Universal Peace and International Arbitration; and I feel confident that the time is not far distant when war will be as impossible among civilized nations as duelling is among civilized men.--SIR DAVID BREWSTER, _Letter to the Peace Conference at Edinburgh, October, 1853_.
Aujourd'hui encore on bénit les drapeaux qui conduisent les hommes à de mutuels égorgements. En donnant à un Dieu de paix le nom de _Dieu des Armées_, on fait de l'Être infini en bonté le complice de ceux qui s'abreuvent des larmes de leurs semblables. Aujourd'hui encore on chante d'impies _Te Deum_ pour le remercier de ces victoires obtenues au prix d'épouvantables massacres, victoires qu'il faudrait ou expier comme des crimes lorsqu'elles out été remportées dans des guerres offensives ou déplorer comme la plus triste des nécessités quand elles ont été obtenues dans des guerres défensives.--LARROQUE, _De la Guerre et des Armées Permanentes_, Part. III. § 4.
La monarchie, sous les formes mêmes les plus tempérées, tiendra toujours à avoir à sa dévotion des armées permanentes. Or avec les armées en permanence l'abolition de la guerre est impossible. Par conséquent la grande fédération des peuples, au moins de tous les peuples Européens, dans le but d'arriver à l'abolition de la guerre par l'institution d'un droit international et d'un tribunal supérieur chargé de le faire observer, ne sera réalisable que le jour où ces peuples seront organisés sous la forme républicaine. Quand luira ce jour?--IBID., Avant-propos, p. 6.
Sir J. Lubbock quotes the case of a tribe in Baffin's Bay who "could not be made to understand what was meant by war, nor had they any warlike weapons." No wonder, poor people! They had been driven into regions where no stronger race could desire to follow them.--DUKE OF ARGYLL, _Primeval Man_, p. 177.
ADDRESS.
Mr. President and Gentlemen,--We are assembled in what may be called the Holy Week of our community,--not occupied by pomps of a complex ceremonial, swelling in tides of music, beneath time-honored arches, but set apart, with the unadorned simplicity of early custom, to anniversary meetings of those charitable and religious associations from whose good works our country derives such true honor. Each association is distinct. Gathered within the folds of each are its own members, devoted to its chosen objects: and yet all are harmonious together; for all are inspired by one sentiment,--the welfare of the united Human Family. Each has its own separate orbit, a pathway of light; while all together constitute a system which moves in a still grander orbit.
Among all these associations, none is so truly comprehensive as ours. The prisoner in his cell, the slave in his chains, the sailor on ocean wanderings, the Pagan on far off continent or island, and the ignorant here at home, will all be commended by eloquent voices. I need not say that you should listen to these voices, and answer to their appeal. But, while mindful of these interests, justly claiming your care, it is my present and most grateful duty to commend that other cause, the great cause of Peace, which in its wider embrace enfolds prisoner, slave, sailor, the ignorant, all mankind,--which to each of these charities is the source of strength and light, I may say of life itself, as the sun in the heavens.
* * * * *
Peace is the grand Christian charity, fountain and parent of all other charities. Let Peace be removed, and all other charities sicken and die. Let Peace exert her gladsome sway, and all other charities quicken into life. Peace is the distinctive promise and possession of Christianity,--so much so, that, where Peace is not, Christianity cannot be. It is also the promise of Heaven, being the beautiful consummation of that rest and felicity which the saints above are said to enjoy. There is nothing elevated which is not exalted by Peace. There is nothing valuable which does not gain from Peace. Of Wisdom herself it is said, that all her ways are pleasantness, and all her paths are Peace. And these golden words are refined by the saying of the Christian Father, that the perfection of joy is Peace. Naturally Peace is the longing and aspiration of the noblest souls, whether for themselves or for country. In the bitterness of exile, away from the Florence immortalized by his divine poem, and pacing the cloisters of a convent, where a sympathetic monk inquired, "What do you seek?" Dante answered, in accents distilled from the heart, "_Peace!_"[279] In the memorable English struggles, while King and Parliament were rending the land, a gallant supporter of monarchy, the chivalrous Falkland, touched by the intolerable woes of War, cried, in words which consecrate his memory more than any feat of arms, "_Peace! peace!_"[280] Not in aspiration only, but in benediction, is this word uttered. As the Apostle went forth on his errand, as the son forsook his father's roof, the choicest blessing was, "_Peace be with you!_" When the Saviour was born, angels from heaven, amidst choiring melodies, let fall that supreme benediction, never before vouchsafed to the children of the Human Family, "_Peace on earth, and good-will towards men!_"
[279] Longfellow's Poets and Poetry of Europe, p. 513.
[280] Clarendon, History of the Rebellion, Book VII. Vol. IV. p.
255.
To maintain this charity, to promote these aspirations, to welcome these benedictions, is the object of our Society. To fill men in private with all those sentiments which make for Peace, to lead men in public to the recognition of those paramount principles which are the safeguard of Peace, above all, to teach the True Grandeur of Peace, and to unfold the folly and wickedness of the Institution of War and of the War System, now recognized and established by the Commonwealth of Nations as the mode of determining international controversies,--such is the object of our Society.
* * * * *
There are persons who allow themselves sometimes to speak of associations like ours, if not with disapprobation, at least with levity and distrust. A writer so humane and genial as Robert Southey left on record a gibe at the "Society for the Abolition of War," saying that it had "not obtained sufficient notice even to be in disrepute."[281] It is not uncommon to hear our aims characterized as visionary, impracticable, Utopian. Sometimes it is hastily said that they are contrary to the nature of man, that they require for success a complete reconstruction of human character, and that they necessarily assume in man qualities, capacities, and virtues which do not belong to his nature. This mistaken idea was once strongly expressed in the taunt, that "an Anti-War Society is as little practicable as an Anti-Thunder-and-Lightning Society."[282]
[281] Colloquies on the Progress and Prospects of Society, Vol. I.
p. 224.
[282] Hon. Jeremiah Mason, of Boston, to Mr. Sumner.
Never a moment when this beautiful cause was not the occasion of jest, varying with the character of the objector. More than a century ago there was something of this kind, which arrested the attention of no less a person than Leibnitz, and afterwards of Fontenelle. It was where an elegant Dutch trifler, as described by Leibnitz, following the custom of his country, placed as a sign over his door the motto, _To Perpetual Peace_, with the picture of a cemetery,--meaning to suggest that only with the dead could this desire of good men be fulfilled. Not with the living, so the elegant Dutch trifler proclaimed over his door. A different person, also of Holland, who was both diplomatist and historian, the scholarly Aitzema, caught the jest, and illustrated it by a Latin couplet:--
"Qui pacem quæris libertatemque, viator,
Aut nusquam aut isto sub tumulo invenies";--
which, being translated, means, "Traveller, who seekest Peace and Liberty, either nowhere or under that mound thou wilt find them."[283] Do not fail to observe that Liberty is here doomed to the same grave as Peace. Alas, that there should be such despair! At length Liberty is rising. May not Peace rise also?
[283] Leibnitz, Codex Juris Gentium Diplomaticus, Dissert. I. §
1: Opera (ed. Dutens), Tom. IV. Pars 3, pp. 287, 288. Fontenelle,
Éloge de Leibnitz: OEuvres, Tom. V. p. 456.
Doubtless objections, to say nothing of jests, striking at the heart of our cause, exert a certain influence over the public mind. They often proceed from persons of sincerity and goodness, who would rejoice to see the truth as we see it. But, plausible as they appear to those who have not properly meditated this subject, I cannot but regard them--I believe that all who candidly listen to me must hereafter regard them--as prejudices, without foundation in sense or reason, which must yield to a plain and careful examination of the precise objects proposed.
Let me not content myself, in response to these critics, with the easy answer, that, if our aims are visionary, impracticable, Utopian, then the unfulfilled promises of the Scriptures are vain,--then the Lord's Prayer, in which we ask that God's kingdom may come on earth, is a mockery,--then Christianity is no better than the statutes of Utopia. Let me not content myself with reminding you that all the great reforms by which mankind have been advanced encountered similar objections,--that the abolition of the punishment of death for theft, so long delayed, was first suggested in the "Utopia" of Sir Thomas More,--that the efforts to abolish the slave-trade were opposed, almost in our day, as visionary,--in short, that all endeavors for human improvement, for knowledge, for freedom, for virtue, all the great causes which dignify human history, and save it from being a mere protracted War Bulletin, a common sewer, a _Cloaca Maxima_, flooded with perpetual uncleanness, have been pronounced Utopian,--while, in spite of distrust, prejudice, and enmity, all these causes gradually found acceptance, as they gradually came to be understood, and the aspirations of one age became the acquisitions of the next.
Satisfactory to some as this answer might be, I cannot content myself with leaving our cause in this way. I shall meet all assaults, and show, by careful exposition, that our objects are in no respect visionary,--that the cause of Peace does not depend upon any reconstruction of the human character, or upon holding in check the general laws of man's being,--but that it deals with man as he is, according to the experience of history,--and, above all, that our immediate and particular aim, the abolition of the Institution of War, and of the whole War System, as _established_ Arbiter of Right in the Commonwealth of Nations, is as practicable as it would be beneficent.
I begin by putting aside questions, often pushed forward, which an accurate analysis shows to be independent of the true issue. Their introduction has perplexed the discussion, by transferring to the great cause of International Peace doubts which do not belong to it.
* * * * *
One of these is the declared right, inherent in each individual, to take the life of an assailant in order to save his own life,--compendiously called the _Right of Self-Defence_, usually recognized by philosophers and publicists as founded in Nature and the instincts of men. The exercise of this right is carefully restricted to cases where life itself is in actual jeopardy. No defence of property, no vindication of what is called _personal honor_, justifies this extreme resort. Nor does this right imply the right of attack; for, instead of attacking one another, on account of injuries past or impending, men need only resort to the proper tribunals of justice. There are, however, many most respectable persons, particularly of the denomination of Friends, some of whom I may now have the honor of addressing, who believe that the exercise of this right, even thus limited, is in direct contravention of Christian precepts. Their views find faithful utterance in the writings of Jonathan Dymond, of which at least this may be said, that they strengthen and elevate, even if they do not always satisfy, the understanding. "We shall be asked," says Dymond, "'Suppose a ruffian breaks into your house, and rushes into your room with his arm lifted to murder you; do you not believe that Christianity allows you to kill him?' This is the last refuge of the cause. Our answer to it is explicit,--_We do not believe it_."[284] While thus candidly and openly avowing an extreme sentiment of non-resistance, this excellent person is careful to remind the reader that the case of the ruffian does not practically illustrate the true character of War, unless it appears that war is undertaken simply for the preservation of life, when no other alternative remains to a people than to kill or be killed. According to this view, the robber on land who places his pistol at the breast of the traveller, the pirate who threatens life on the high seas, and the riotous disturber of the public peace who puts life in jeopardy at home, cannot be opposed by the sacrifice of life. Of course all who subscribe to this renunciation of self-defence must join in efforts to abolish the Arbitrament of War. Our appeal is to the larger number who make no such application of Christian precepts, who recognize the right of self-defence as belonging to each individual, and who believe in the necessity at times of exercising this right, whether against a robber, a pirate, or a mob.
[284] On the Applicability of the Pacific Principles of the New
Testament to the Conduct of States, p. 10.
* * * * *
Another question, closely connected with that of self-defence, is the asserted _Right of Revolt or Revolution_. Shall a people endure political oppression, or the denial of freedom, without resistance? The answer to this question will necessarily affect the rights of three million fellow-citizens held in slavery among us. If such a right unqualifiedly exists,--and sympathy with our fathers, and with the struggles for freedom now agitating Europe, must make us hesitate to question its existence,--then these three millions of fellow-men, into whose souls we thrust the iron of the deadliest bondage the world has yet witnessed, must be justified in resisting to death the power that holds them. A popular writer on ethics, Dr. Paley, has said: "It may be as much a duty at one time to resist Government as it is at another to obey it,--to wit, whenever more advantage will in our opinion accrue to the community from resistance than mischief. The lawfulness of resistance, or the lawfulness of a revolt, does not depend alone upon the grievance which is sustained or feared, but also upon the probable expense and event of the contest."[285] This view distinctly recognizes the right of resistance, but limits it by the chance of success, founding it on no higher ground than expediency. A right thus vaguely defined and bounded must be invoked with reluctance and distrust. The lover of Peace, while admitting, that, unhappily, in the present state of the world, an exigency for its exercise may arise, must confess the inherent barbarism of such an agency, and admire, even if he cannot entirely adopt, the sentiment of Daniel O'Connell: "Remember that no political change is worth a single crime, or, above all, a single drop of human blood."
[285] Principles of Moral and Political Philosophy, Book VI. ch. 3.
* * * * *
These questions I put aside, not as unimportant, not as unworthy of careful consideration, but as unessential to the cause which I now present. If I am asked--as advocates of Peace are often asked--whether a robber, a pirate, a mob, may be resisted by the sacrifice of life, I answer, that they may be so resisted,--mournfully, necessarily. If I am asked to sympathize with the efforts for freedom now finding vent in rebellion and revolution, I cannot hesitate to say, that, wherever Freedom struggles, wherever Right is, there my sympathies must be. And I believe I speak not only for myself, but for our Society, when I add, that, while it is our constant aim to diffuse those sentiments which promote good-will in all the relations of life, which exhibit the beauty of Peace everywhere, in _national_ affairs as well as _international_, and while especially recognizing that central truth, the Brotherhood of Man, in whose noonday light all violence among men is dismal and abhorred as among brothers, it is nevertheless no part of our purpose to impeach the right to take life in self-defence or when the public necessity requires, nor to question the justifiableness of resistance to outrage and oppression. On these points there are diversities of opinion among the friends of Peace, which this Society, confining itself to efforts for the overthrow of War, is not constrained to determine.
Waiving, then, these matters, with their perplexities and difficulties, which do not in any respect belong to the cause, I come now to the precise object we hope to accomplish,--_The Abolition of the Institution of War, and of the whole War System, as an established Arbiter of Justice in the Commonwealth of Nations._ In the accurate statement of our aims you will at once perceive the strength of our position. Much is always gained by a clear understanding of the question in issue; and the cause of Peace unquestionably suffers often because it is misrepresented or not fully comprehended. In the hope of removing this difficulty, I shall _first_ unfold the true character of War and the War System, involving the question of Preparations for War, and the question of a Militia. The way will then be open, in the _second_ branch of this Address, for a consideration of the means by which this system can be overthrown. Here I shall exhibit the examples of nations, and the efforts of individuals, constituting the Peace Movement, with the auguries of its triumph, briefly touching, at the close, on our duties to this great cause, and the vanity of Military Glory. In all that I say I cannot forget that I am addressing a Christian association, for a Christian charity, in a Christian church.
I.
AND, first, of _War and the War System in the Commonwealth of Nations_. By the Commonwealth of Nations I understand the Fraternity of Christian Nations recognizing a Common Law in their relations with each other, usually called the Law of Nations. This law, being established by the consent of nations, is not necessarily the law of all nations, but only of such as recognize it. The Europeans and the Orientals often differ with regard to its provisions; nor would it be proper to say, that, at this time, the Ottomans, or the Mahometans in general, or the Chinese, have become parties to it.[286] The prevailing elements of this law are the Law of Nature, the truths of Christianity, the usages of nations, the opinions of publicists, and the written texts or enactments found in diplomatic acts or treaties. In origin and growth it is not unlike the various systems of municipal jurisprudence, all of which are referred to kindred sources.
[286] Since the delivery of this Address, Turkey and China have
accepted our Law of Nations.
It is often said, in excuse for the allowance of War, that nations are independent, and acknowledge no _common superior_. True, indeed, they are politically independent, and acknowledge no common political sovereign, with power to enforce the law. But they do acknowledge a common superior, of unquestioned influence and authority, whose rules they are bound to obey. This common superior, acknowledged by all, is none other than the Law of Nations, with the Law of Nature as a controlling element. It were superfluous to dwell at length upon opinions of publicists and jurists declaring this supremacy. "The Law of Nature," says Vattel, a classic in this department, "is not less _obligatory_ with respect to states, or to men united in political society, than to individuals."[287] An eminent English authority, Lord Stowell, so famous as Sir William Scott, says, "The _Conventional Law of Mankind_, which is evidenced in their practice, _allows_ some and _prohibits_ other modes of destruction."[288] A recent German jurist says, "A nation associating itself with the general society of nations _thereby recognizes a law common to all nations_, by which its international relations are to be regulated."[289] Lastly, a popular English moralist, whom I have already quoted, and to whom I refer because his name is so familiar, Dr. Paley, says, that the principal part of what is called the Law of Nations derives its obligatory character "_simply from the fact of its being established, and the general duty of conforming to established rules_ upon questions and between parties where nothing but _positive regulations_ can prevent disputes, and where disputes are followed by such destructive consequences."[290]
[287] Law of Nations, Preface.
[288] Robinson's, Chr., Admiralty Reports, Vol. I. p. 140.
[289] Heffter, Das Europäische Völkerrecht der Gegenwart, § 2.
[290] Principles of Moral and Political Philosophy, Book VI. ch. 12.
The Law of Nations is, then, the Supreme Law of the Commonwealth of Nations, governing their relations with each other, determining their reciprocal rights, and sanctioning all remedies for the violation of these rights. To the Commonwealth of Nations this law is what the Constitution and Municipal Law of Massachusetts are to the associate towns and counties composing the State, or what, by apter illustration, the National Constitution of our Union is to the thirty several States which now recognize it as the supreme law.
* * * * *
But the Law of Nations,--and here is a point of infinite importance to the clear understanding of the subject,--while anticipating and providing for controversies between nations, recognizes and establishes War as final Arbiter. It distinctly says to nations, "If you cannot agree together, then stake your cause upon _Trial by Battle_." The mode of trial thus recognized and established has its own procedure, with rules and regulations, under the name of Laws of War, constituting a branch of International Law. "The Laws of War," says Dr. Paley, "are part of the Law of Nations, and founded, as to their authority, upon the same principle with the rest of that code, namely, upon the fact of their being _established_, no matter when or by whom."[291] Nobody doubts that the Laws of War are established by nations.
[291] Principles of Moral and Political Philosophy, Book VI. ch. 12.
It is not uncommon to speak of the _practice_ of War, or the _custom_ of War,--a term adopted by that devoted friend of Peace, the late Noah Worcester. Its apologists and expounders have called it "a judicial trial,"--"one of the highest trials of right,"--"a process of justice,"--"an appeal for justice,"--"a mode of obtaining rights,"--"a prosecution of rights by force,"--"a mode of condign punishment." I prefer to characterize it as an INSTITUTION, established by the Commonwealth of Nations as Arbiter of Justice. As Slavery is an Institution, growing out of local custom, sanctioned, defined, and established by Municipal Law, so War is an Institution, growing out of general custom, sanctioned, defined, and established by the Law of Nations.
Only when we contemplate War in this light can we fully perceive its combined folly and wickedness. Let me bring this home to your minds. Boston and Cambridge are adjoining towns, separated by the River Charles. In the event of controversy between these different jurisdictions, the Municipal Law establishes a judicial tribunal, and not War, as arbiter. Ascending higher, in the event of controversy between two different counties, as between Essex and Middlesex, the same Municipal Law establishes a judicial tribunal, and not War, as arbiter. Ascending yet higher, in the event of controversy between two different States of our Union, the Constitution establishes a judicial tribunal, the Supreme Court of the United States, and not War, as arbiter. But now mark: at the next stage there is a change of arbiter. In the event of controversy between two different States of the Commonwealth of Nations, the supreme law establishes, not a judicial tribunal, but War, as arbiter. War is the institution _established_ for the determination of justice between nations.
Provisions of the Municipal Law of Massachusetts, and of the National Constitution, are not vain words. To all familiar with our courts it is well known that suits between towns, and likewise between counties, are often entertained and satisfactorily adjudicated. The records of the Supreme Court of the United States show also that States of the Union habitually refer important controversies to this tribunal. Before this high court is now pending an action of the State of Missouri against the State of Iowa, founded on a question of boundary, where the former claims a section of territory--larger than many German principalities--extending along the whole northern border of Missouri, with several miles of breadth, and comprising more than two thousand square miles. Within a short period this same tribunal has decided a similar question between our own State of Massachusetts and our neighbor, Rhode Island,--the latter pertinaciously claiming a section of territory, about three miles broad, on a portion of our southern frontier.
Suppose that in these different cases between towns, counties, states, War had been _established_ by the supreme law as arbiter; imagine the disastrous consequences; picture the imperfect justice which must have been the end and fruit of such a contest; and while rejoicing that in these cases we are happily relieved from an alternative so wretched and deplorable, reflect that on a larger theatre, where grander interests are staked, in the relations between nations, under the solemn sanction of the Law of Nations, War is _established_ as Arbiter of Justice. Reflect also that a complex and subtile code, known as Laws of War, is established to regulate the resort to this arbiter.
* * * * *
Recognizing the irrational and unchristian character of War as established arbiter between towns, counties, and states, we learn to condemn it as established arbiter between nations. If wrong in one case, it must be wrong in the other. But there is another parallel supplied by history, from which we may form a yet clearer idea: I refer to the system of _Private Wars_, or, more properly, _Petty Wars_, which darkened even the Dark Ages. This must not be confounded with the _Trial by Battle_, although the two were alike in recognizing the sword as Arbiter of Justice. The _right to wage war_ (_le droit de guerroyer_) was accorded by the early Municipal Law of European States, particularly of the Continent, to all independent chiefs, however petty, but not to vassals; precisely as the _right to wage war_ is now accorded by International Law to all independent states and principalities, however petty, but not to subjects. It was mentioned often among the "liberties" to which independent chiefs were entitled; as it is still recognized by International Law among the "liberties" of independent nations. In proportion as any sovereignty was absorbed in some larger lordship, this offensive _right_ or "liberty" gradually disappeared. In France it prevailed extensively, till at last King John, by an ordinance dated 1361, expressly forbade Petty Wars throughout his kingdom, saying, in excellent words, "We by these presents ordain that all challenges and wars, and all acts of violence against all persons, in all parts whatsoever of our kingdom, shall henceforth cease; and all assemblies, musters, and raids of men-at-arms or archers; and also all pillages, seizures of goods and persons illegally, _vengeances and counter-vengeances_, surprisals and ambuscades.... All which things we will to be kept and observed everywhere without infringement, on pain of incurring our indignation, and of being reputed and held disobedient and rebellious towards us and the crown, and at our mercy in body and goods."[292] It was reserved for that indefatigable king, Louis the Eleventh, while Dauphin, as late as 1451, to make another effort in the same direction, by expressly abrogating one of the "liberties" of Dauphiné, being none other than the _right of war_, immemorially secured to the inhabitants of this province.[293] From these royal ordinances the Commonwealth of Nations might borrow appropriate words, in abrogating forever the Public Wars, or, more properly, the Grand Wars, with their _vengeances and counter-vengeances_, which are yet sanctioned by International Law among the "liberties" of Christian nations.
[292] Cauchy, Du Duel considéré dans ses Origines, Liv. I. Seconde
Époque, Ch. V. Tom. I. pp. 91, 92.
[293] Du Cange, Dissertations sur l'Histoire de St. Louis, Diss.
XXVII. (XXIX.): _Des Guerres Privées_.
At a later day, in Germany, effective measures were taken against the same prevailing evil. Contests there were not confined to feudal lords. Associations of tradesmen, and even of domestics, sent defiance to each other, and even to whole cities, on pretences trivial as those sometimes the occasion of the Grand Wars between nations. There are still extant _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 the uncle of the belligerent,--by the baker and other 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 shoeblacks of the University of Leipsic against the provost and other members,--and, in 1477, by the cook of Eppenstein, with his scullions, dairy-maids, and dish-washers, against Otho, Count of Solms. Finally, in 1495, at the Diet of Worms, so memorable in German annals, the Emperor Maximilian sanctioned an ordinance which proclaimed a permanent Peace throughout Germany, abolished the _right_ or "liberty" of Private War, and instituted a Supreme Tribunal, under the ancient name of Imperial Chamber, to which recourse might be had, even by nobles, princes, and states, for the determination of disputes without appeal to the sword.[294]
[294] Coxe, History of the House of Austria, Ch. XIX. and XXI.
* * * * *
_Trial by Battle_, or "judicial combat," furnishes the most vivid picture of the Arbitrament of War, beyond even what is found in the system of _Petty Wars_. It was at one period, particularly in France, the universal umpire between private individuals. All causes, criminal and civil, with all the questions incident thereto, were referred to this senseless trial. Not bodily infirmity or old age could exempt a litigant from the hazard of the Battle, even to determine differences of the most trivial import. At last substitutes were allowed, and, as in War, bravoes or champions were hired for wages to enter the lists. The proceedings were conducted gravely according to prescribed forms, which were digested into a system of peculiar subtilty and minuteness,--as War in our day is according to an established code, the Laws of War. Thus do violence, lawlessness, and absurdity shelter themselves beneath the Rule of Law! Religion also lent her sanctions. With presence and prayer the priest cheered the insensate combatant, and appealed for aid to Jesus Christ, the Prince of Peace.
The Church, to its honor, early perceived the wickedness of this system. By voices of pious bishops, by ordinances of solemn councils, by anathemas of popes, it condemned whosoever should slay another in a battle so impious and inimical to Christian peace, as "a most wicked homicide and bloody robber"[295]; while it treated the unhappy victim as a volunteer, guilty of his own death, and handed his remains to unhonored burial without psalm or prayer. With sacerdotal supplication it vainly sought the withdrawal of all countenance from this great evil, and the support of the civil power in ecclesiastical censures. To these just efforts let praise and gratitude be offered! But, alas! authentic incidents, and the forms still on record in ancient missals, attest the unhappy sanction which Trial by Battle succeeded in obtaining even from the Church,--as in our day the English Liturgy, and the conduct of the Christian clergy in all countries, attest the unhappy sanction which the Institution of War yet enjoys. Admonitions of the Church and labors of good men slowly prevailed. Proofs by witnesses and by titles were gradually adopted, though opposed by the selfishness of camp-followers, subaltern officers, and even of lords, greedy for the fees or wages of combat. In England Trial by Battle was attacked by Henry the Second, striving to substitute Trial by Jury. In France it was expressly forbidden by that illustrious monarch, St. Louis, in an immortal ordinance. At last, this system, so wasteful of life, so barbarous in character, so vain and inefficient as Arbiter of Justice, yielded to judicial tribunals.
[295] "Statuimus, juxta antiquum ecclesiasticæ observationis
morem, ut quicumque tam impia et Christianæ paci inimica pugna
alterum occiderit seu vulneribus debilem reddiderit, _velut
homicida nequissimus et latro cruentus_, ab Ecclesiæ et omnium
fidelium coetu reddatur separatus," etc.--Canon XII. Concil.
Valent.,--quoted by Cauchy, Du Duel, Liv. I. Première Époque, Ch.
III., Tom. I. p. 43, note.
The Trial by Battle is not Roman in origin. It may be traced to the forests of Germany, where the rule prevailed of referring to the sword what at Rome was referred to the prætor; so that a judicial tribunal, when urged upon these barbarians, was regarded as an innovation.[296] The very words of surprise at the German custom are yet applicable to the Arbitrament of War.
[296] "Nunc agentes gratias, quod ea Romana justitia finiret,
feritasque sua novitate incognitæ disciplinæ mitesceret, et solita
armis decerni jure terminarentur."--Velleius Paterculus, Lib. II.
c. 118.
The absurdity of Trial by Battle may be learned from the instances where it was invoked. Though originally permitted to determine questions of personal character, it was extended so as to embrace criminal cases, and even questions of property. In 961 the title to a church was submitted to this ordeal.[297] Some time later a grave point of law was submitted. The question was, "Whether the sons of a son ought to be reckoned among the children of the family, and succeed equally with their uncles, if their father happened to die while their grandfather was alive." The general opinion at first was for reference of the question to the adjudication of arbiters; but we are informed by a contemporary ecclesiastic, who reports the case, that the Emperor, Otho the First, "taking better counsel, and unwilling that nobles and elders of the people should be treated _dishonorably_, ordered the matter to be decided by champions with the sword." The champion of the grandchildren prevailed, and they were enabled to share with their uncles in the inheritance.[298] Human folly did not end here. A question of theology was surrendered to the same arbitrament, being nothing less than whether the Musarabic Liturgy, used in the churches of Spain, or the Liturgy approved at Rome, contained the form of worship most acceptable to the Deity. The Spaniards contended zealously for the liturgy of their ancestors. The Pope urged the liturgy having his own infallible sanction. The controversy was submitted to Trial by Battle. Two knights in complete armor entered the lists. The champion of the Musarabic Liturgy was victorious. But there was an appeal to the ordeal of fire. A copy of each liturgy was cast into the flames. The Musarabic Liturgy remained unhurt, while the other vanished into ashes. And yet this judgment, first by battle and then by fire, was eluded or overthrown, showing how, as with War, the final conclusion is uncertain, and testifying against any appeal, except to human reason.[299]
[297] Robertson, History of Charles V., Vol. I. Note 22.
[298] Widukindii, Res Gestæ Saxonicæ, Lib. II. c. 10: Monumenta
Germaniæ Historica, ed. Pertz, Scriptorum Tom. III. p. 440.
[299] Robertson, History of Charles V., Vol. I. Note 22.--The
Duel has a literature of its own, which is not neglected by
Brunet in his _Manuel du Libraire_, where, under the head of _Les
Combats Singuliers_, Tom. VI. col. 1636-1638, _Table Méthodique_,
28717-28749, will be found titles in various languages, from
which I select the following: Joan. de Lignano, Tractatus do
Bello, de Repressaliis, et de Duello, Papiæ, 1487; Tractatus de
Duello, en Lat. y en Castellano, por D. Castillo, Taurini, 1525;
Alciat, De Singulari Certamine, Lugd., 1543. In the development of
civilization how can the literature of War expect more honor than
that of the Duel?
An early king of the Lombards, in a formal decree, condemned the Trial by Battle as "impious"[300]; Montesquieu, at a later time, branded it as "monstrous"[301]; and Sir William Blackstone characterized it as "clearly an unchristian, as well as most uncertain, method of trial."[302] In the light of our day all unite in this condemnation. No man hesitates. No man undertakes its apology; nor does any man count as "glory" the feats of arms which it prompted and displayed. But the laws of morals are general, and not special. They apply to communities and to nations, as well as to individuals; nor is it possible, by any cunning of logic, or any device of human wit, to distinguish between that domestic institution, the Trial by Battle, established by Municipal Law as arbiter between individuals, and that international institution, the grander Trial by Battle, established by the Christian Commonwealth as arbiter between nations. If the judicial combat was impious, monstrous, and unchristian, then is War impious, monstrous, and unchristian.
[300] Liutprandi Leges, Lib. VI. cap. 65: Muratori, Rerum Italic.
Script., Tom. I. Pars 2, p. 74.
[301] Esprit des Lois, Liv. XXVIII. ch. 23.
[302] Commentaries, Book IV. ch. 33, Vol. IV. p. 418.
* * * * *
It has been pointedly said in England, that the whole object of king, lords, and commons, and of the complex British Constitution, is "to get twelve men into a jury-box"; and Mr. Hume repeats the idea, when he declares that the _administration of justice_ is the grand aim of government. If this be true of individual nations in municipal affairs, it is equally true of the Commonwealth of Nations. The whole complex system of the Law of Nations, overarching all the Christian nations, has but one distinct object,--_the administration of justice_ between nations. Would that with tongue or pen I could adequately expose the enormity of this system, involving, as it does, the precepts of religion, the dictates of common sense, the suggestions of economy, and the most precious sympathies of humanity! Would that now I could impart to all who hear me something of my own conviction!
I need not dwell on the waste and cruelty thus authorized. Travelling the page of history, these stare us wildly in the face at every turn. We see the desolation and death keeping step with the bloody track; we look upon sacked towns, ravaged territories, violated homes; we behold all the sweet charities of life changed to wormwood and gall. The soul is penetrated by the sharp moan of mothers, sisters, and daughters, of fathers, brothers, and sons, who, in the bitterness of bereavement, refuse to be comforted. The eye rests at last upon one of those fair fields, where Nature, in her abundance, spreads her cloth of gold, spacious and apt for the entertainment of mighty multitudes,--or, perhaps, from curious subtilty of position, like the carpet in Arabian tale, contracting for the accommodation of a few only, or dilating for an innumerable host. Here, under a bright sun, such as shone at Austerlitz or Buena Vista, amidst the peaceful harmonies of Nature, on the Sabbath of Peace, are bands of brothers, children of a common Father, heirs to a common happiness, struggling together in deadly fight,--with madness of fallen spirits, murderously seeking the lives of brothers who never injured them or their kindred. The havoc rages; the ground is soaked with commingling blood; the air is rent by commingling cries; horse and rider are stretched together on the earth. More revolting than mangled victims, gashed limbs, lifeless trunks, spattering brains, are the lawless passions which sweep, tempest-like, through the fiendish tumult.
"'Nearer comes the storm and nearer, rolling fast and frightful on.
Speak, Ximena, speak, and tell us, who has lost and who has won?'
'Alas! alas! I know not, sister; friend and foe together fall;
O'er the dying rush the living; pray, my sister, for them all!'"
Horror-struck, we ask, wherefore this hateful contest? The melancholy, but truthful, answer comes, that this is the _established_ method of determining justice between nations!
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Charles Sumner: his complete works, volume 02 (of 20)Chapter XII: Book XV: ch. 5, § 12 (3)
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