Part 6

We come now to the central idea of the treatise: (_c_) the law of nations must be based upon a federation of free states. (Art. 2.)[74] This must be regarded as the end to which mankind is advancing. The problem here is not out of many nations to make one. This would be perhaps the surest way to attain peace, but it is scarcely practicable, and, in certain forms, it is undesirable. Kant is inclined to approve of the separation of nations by language and religion, by historical and social tradition and physical boundaries: nature seems to condemn the idea of a universal monarchy.[75] The only footing on which a thorough-going, indubitable system of international law is in practice possible is that of the society of nations: not the world-republic[76] the Greeks dreamt of, but a federation of states. Such a union in the interests of perpetual peace between nations would be the “highest political good.” The relation of the federated states to one another and to the whole would be fixed by cosmopolitan law: the link of self-interest which would bind them would again be the spirit of commerce.

[74] See p. 128.

[75] This was the ideal of Dante. Cf. _De Monarchia_, Bk. I. 54:—“We shall not find at any time except under the divine monarch Augustus, when a perfect monarchy existed, that the world was everywhere quiet.”

Bluntschli (_Theory of the State_, I. Ch. ii., p. 26 _seq._) gives an admirable account of the different attempts made to realise a universal empire in the past—the Empire of Alexander the Great, based upon a plan of uniting the races of east and west; the Roman Empire which sought vainly to stamp its national character upon mankind; the Frankish Monarchy; the Holy Roman Empire which fell to pieces through the want of a central power strong enough to overcome the tendency to separation and nationalisation; and finally the attempt of Napoleon I., whose mistake was the same as that which wrecked the Roman Empire—a neglect of the strength of foreign national sentiment.

[76] Reason requires a State of nations. This is the ideal, and Kant’s proposal of a federation of states is a practical substitute from which we may work to higher things. Kant, like Fichte, (_Werke_, VII. 467) strongly disapproves of a universal monarchy such as that of which Dante dreamed—a modern Roman Empire. The force of necessity, he says, will bring nations at last to become members of a cosmopolitan state, “or if such a state of universal peace proves (as has often been the case with too great states) a greater danger to freedom from another point of view, in that it introduces despotism of the most terrible kind, then this same necessity must compel the nations to enter a state which indeed has the form not of a cosmopolitan commonwealth under one sovereign, but of a federation regulated by legal principles determined by a common code of international law.” (_Das mag in d. Theorie richtig sein_, _Werke_, (Rosenkranz) VII., p. 225). Cf. also _Theory of Ethics_, (Abbott), p. 341, _note_; _Perpetual Peace_, pp. 155, 156.

This scheme of a perpetual peace had not escaped ridicule in the eighteenth century: the name of Kant protected it henceforth. The facts of history, even more conclusively than the voices of philosophers, soldiers and princes, show how great has been the progress of this idea in recent years. But it has not gained its present hold upon the popular mind without great and lasting opposition. Indeed we have here what must still be regarded as a controversial question. There have been, and are still, men who regard perpetual peace as a state of things as undesirable as it is unattainable. For such persons, war is a necessity of our civilisation: it is impossible that it should ever cease to exist. All that we can do, and there is no harm, nor any contradiction in the attempt, is to make wars shorter, fewer and more humane: the whole question, beyond this, is without practical significance. Others, on the other hand,—and these perhaps more thoughtful—regard war as hostile to culture, an evil of the worst kind, although a necessary evil. In peace, for them, lies the true ideal of humanity, although in any perfect form this cannot be realised in the near future. The extreme forms of these views are to be sought in what has been called in Germany “the philosophy of the barracks” which comes forward with a glorification of war for its own sake, and in the attitude of modern Peace Societies which denounce all war wholesale, without respect of causes or conditions.

_Hegel, Schiller and Moltke._

Hegel, the greatest of the champions of war, would have nothing to do with Kant’s federation of nations formed in the interests of peace. The welfare of a state, he held, is its own highest law; and he refused to admit that this welfare was to be sought in an international peace. Hegel lived in an age when all power and order seemed to lie with the sword. Something of the charm of Napoleonism seems to hang over him. He does not go the length of writers like Joseph de Maistre, who see in war the finger of God or an arrangement for the survival of the fittest—a theory, as far as regards individuals, quite in contradiction with the real facts, which show that it is precisely the physically unfit whom war, as a method of extermination, cannot reach. But, like Schiller and Moltke, Hegel sees in war an educative instrument, developing virtues in a nation which could not be fully developed otherwise, (much as pain and suffering bring patience and resignation and other such qualities into play in the individual), and drawing the nation together, making each citizen conscious of his citizenship, as no other influence can. War, he holds, leaves a nation always stronger than it was before; it buries causes of inner dissension, and consolidates the internal power of the state.[77] No other trial can, in the same way, show what is the real strength and weakness of a nation, what it _is_, not merely materially, but physically, intellectually and morally.

[77] See the _Philosophie d. Rechts_, (_Werke_, Vol. VIII.) Part iii. § 324 and appendix.

With this last statement most people will be inclined to agree. There is only a part of the truth in Napoleon’s dictum that “God is on the side of the biggest battalions”; or in the old saying that war requires three necessaries—in the first place, money; in the second place, money; and in the third, money. Money is a great deal: it is a necessity; but what we call national back-bone and character is more. So far we are with Hegel. But he goes further. In peace, says he, mankind would grow effeminate and degenerate in luxury. This opinion was expressed in forcible language in his own time by Schiller,[78] and in more recent years by Count Moltke. “Perpetual peace,” says a letter of the great general,[79] “is a dream and not a beautiful dream either: war is part of the divine order of the world. During war are developed the noblest virtues which belong to man—courage and self-denial, fidelity to duty and the spirit of self-sacrifice: the soldier is called upon to risk his life. Without war the world would sink in materialism.”[80] “Want and misery, disease, suffering and war,” he says elsewhere, “are all given elements in the Divine order of the universe.” Moltke’s eulogy of war, however, is somewhat modified by his additional statement that “the greatest kindness in war lies in its being quickly ended.” (Letter to Bluntschli, 11th Dec., 1880.)[81] The great forces which we recognise as factors in the moral regeneration of mankind are always slow of action as they are sure. War, if too quickly over, could not have the great moral influence which has been attributed to it. The explanation may be that it is not all that it naturally appears to a great and successful general. Hegel, Moltke, Trendelenburg, Treitschke[82] and the others—not Schiller[83] who was able to sing the blessings of peace as eloquently as of war—were apt to forget that war is as efficient a school for forming vices as virtues; and that, moreover, those virtues which military life is said to cultivate—courage, self-sacrifice and the rest—can be at least as perfectly developed in other trials. There are in human life dangers every day bravely met and overcome which are not less terrible than those which face the soldier, in whom patriotism may be less a sentiment than a duty, and whose cowardice must be dearly paid.

[78] Cf. _Die Braut von Messina_:—

“Denn der Mensch verkümmert im Frieden, Müssige Ruh’ ist das Grab des Muths. Das Gesetz ist der Freund des Schwachen, Alles will es nur eben machen, Möchte gerne die Welt verflachen; Aber der Krieg lässt die Kraft erscheinen, Alles erhebt er zum Ungemeinen, Selber dem Feigen erzeugt er den Muth.”

This passage perhaps scarcely gives a fair representation of Schiller’s views on the question, which, if we judge from _Wilhelm Tell_, must have been very moderate. War, he says, in this oft-quoted passage, is sometimes a necessity. There is a limit to the power of tyranny and, when the burden becomes unbearable, an appeal to Heaven and the sword.

_Wilhelm Tell_: Act. II. Sc. 2.

“Nein, eine Grenze hat Tyrannenmacht. Wenn der Gedrückte nirgends Recht kann finden, Wenn unerträglich wird die Last greift er Hinauf getrosten Muthes in den Himmel Und holt herunter seine ew’gen Rechte, Die droben hangen unveräusserlich Und unzerbrechlich, wie die Sterne selbst— Der alte Urstand der Natur kehrt wieder, Wo Mensch dem Menschen gegenüber steht— Zum letzten Mittel, wenn kein andres mehr Verfangen will, ist ihm das Schwert gegeben.”

[79] Letter to Bluntschli, dated Berlin, 11th Dec., 1880 (published in Bluntschli’s _Gesammelte Kleine Schriften_, Vol. II., p. 271).

[80] Cf. Tennyson’s _Maud_: Part I., vi. and xiii.

“Why do they prate of the blessings of Peace? we have made them a curse, Pickpockets, each hand lusting for all that is not its own; And lust of gain, in the spirit of Cain, is it better or worse Than the heart of the citizen hissing in war on his own hearthstone? For I trust if an enemy’s fleet came yonder round by the hill, And the rushing battle-bolt sang from the three-decker out of the foam, That the smooth-faced snub-nosed rogue would leap from his counter and till, And strike, if he could, were it but with his cheating yardwand, home.”

See too Part III., ii. and iv.

“And it was but a dream, yet it lighten’d my despair When I thought that a war would arise in defence of the right, That an iron tyranny now should bend or cease, The glory of manhood stand on his ancient height, Nor Britain’s one sole God be the millionaire: No more shall commerce be all in all, and Peace Pipe on her pastoral hillock a languid note, And watch her harvest ripen, her herd increase, Nor the cannon-bullet rest on a slothful shore, And the cobweb woven across the cannon’s throat Shall shake its threaded tears in the wind no more.

Let it go or stay, so I wake to the higher aims Of a land that has lost for a little her lust of gold, And love of a peace that was full of wrongs and shames, Horrible, hateful, monstrous, not to be told; And hail once more to the banner of battle unroll’d! Tho’ many a light shall darken, and many shall weep For those that are crush’d in the clash of jarring claims, For God’s just wrath shall be wreak’d on a giant liar; And many a darkness into the light shall leap, And shine in the sudden making of splendid names, And noble thought be freer under the sun, And the heart of a people beat with one desire.”

[81] Moltke strangely enough was, at an earlier period, of the opinion that war, even when it is successful, is a national misfortune. Cf. Kehrbach’s preface to Kant’s essay, _Zum Ewigen Frieden_, p. XVII.

[82] See his discussion on constitutional monarchy in Germany. (_Hist. u. Pol. Aufsätze_, Bd. III., p. 533 _seq._)

[83] See _Die Piccolomini_: Act. I. Sc. 4.

_War under Altered Conditions._

The Peace Societies of our century, untiring supporters of a point of view diametrically opposite to that of Hegel, owe their existence in the first place to new ideas on the subject of the relative advantages and disadvantages of war, which again were partly due to changes in the character of war itself, partly to a new theory that the warfare of the future should be a war of free competition for industrial interests, or, in Herbert Spencer’s language, that the warlike type of mankind should make room for an industrial type. This theory, amounting in the minds of some thinkers to a fervid conviction, and itself, in a sense, the source of what has been contemptuously styled our British “shopkeeper’s policy” in Europe, was based on something more solid than mere enthusiasm. The years of peace which followed the downfall of Napoleon had brought immense increase in material wealth to countries like France and Britain. Something of the glamour had fallen away from the sword of the great Emperor. The illusive excitement of a desire for conquest had died: the glory of war had faded with it, but the burden still remained: its cost was still there, something to be calmly reckoned up and not soon to be forgotten. Europe was seen to be actually moving towards ruin. “We shall have to get rid of war in all civilised countries,” said Louis Philippe in 1843. “Soon no nation will be able to afford it.” War was not only becoming more costly. New conditions had altered it in other directions. With the development of technical science and its application to the perfecting of methods and instruments of destruction every new war was found to be bloodier than the last; and the day seemed to be in sight, when this very development would make war (with instruments of extermination) impossible altogether. The romance and picturesqueness with which it was invested in the days of hand-to-hand combat was gone. But, above all, war was now waged for questions fewer and more important than in the time of Kant. Napoleon’s successful appeal to the masses had suggested to Prussia the idea of consciously nationalising the army. Our modern national wars exact a sacrifice, necessarily much more heavy, much more reluctantly made than those of the past which were fought with mercenary troops. Such wars have not only greater dignity: they are more earnest, and their issue, as in a sense the issue of conflict between higher and lower types of civilisation, is speedier and more decisive.

In the hundred years since Kant’s death, much that he prophesied has come to pass, although sometimes by different paths than he anticipated. The strides made in recent years by commerce and the growing power of the people in every state have had much of the influence which he foretold. There is a greater reluctance to wage war.[84] But, unfortunately, as Professor Paulsen points out, the progress of democracy and the nationalisation of war have not worked merely in the direction of progress towards peace. War has now become popular for the first time. “The progress of democracy in states,” he says, (_Kant_, p. 364[85]) “has not only not done away with war, but has very greatly changed the feeling of people towards it. With the universal military service, introduced by the Revolution, war has become the people’s affair and popular, as it could not be in the case of dynastic wars carried on with mercenary troops.” In the people the love of peace is strong, but so too is the love of a fight, the love of victory.

[84] An admirable short account of popular feeling on this matter is to be found in Lawrence’s _Principles of International Law_, § 240.

[85] The first Peace Society was founded in London in 1816, and the first International Peace Congress held in 1843.

It is in the contemplation of facts and conflicting tendencies like these that Peace Societies[86] have been formed. The peace party is, we may say, an eclectic body: it embraces many different sections of political opinion. There are those who hold, for instance, that peace is to be established on a basis of communism of property. There are others who insist on the establishment throughout Europe of a republican form of government, or again, on a redistribution of European territory in which Alsace-Lorraine is restored to France—changes of which at least the last two would be difficult to carry out, unless through international warfare. But these are not the fundamental general principles of peace workers. The members of this party agree in rejecting the principle of intervention, in demanding a complete or partial disarmament of the nations of Europe, and in requiring that all disputes between nations—and they admit the prospects of dispute—should be settled by means of arbitration. In how far are these principles useful or practicable?

[86] In Eng. trans. see p. 358.

_The Value of Arbitration._

There is a strong feeling in favour of arbitration on the part of all classes of society. It is cheaper under all circumstances than war. It is a judgment at once more certain and more complete, excluding as far as possible the element of chance, leaving irritation perhaps behind it, but none of the lasting bitterness which is the legacy of every war. Arbitration has an important place in all peace projects except that of Kant, whose federal union would naturally fulfil the function of a tribunal of arbitration. St. Pierre, Jeremy Bentham,[87] Bluntschli[88] the German publicist, Professor Lorimer[89] and others among political writers,[90] and among rulers, Louis Napoleon and the Emperor Alexander I. of Russia, have all made proposals more or less ineffectual for the peaceful settlement of international disputes. A number of cases have already been decided by this means. But let us examine the questions which have been at issue. Of a hundred and thirty matters of dispute settled by arbitration since 1815 (cf. _International Tribunals_, published by the Peace Society, 1899) it will be seen that all, with the exception of one or two trifling cases of doubt as to the succession to certain titles or principalities, can be classified roughly under two heads—disputes as to the determination of boundaries or the possession of certain territory, and questions of claims for compensation and indemnities due either to individuals or states, arising from the seizure of fleets or merchant vessels, the insult or injury to private persons and so on—briefly, questions of money or of territory. These may fairly be said to be trifling causes, not touching national honour or great political questions. That they should have been settled in this way, however, shows a great advance. Smaller causes than these have made some of the bloodiest wars in history. That arbitration should have been the means of preventing even one war which would otherwise have been waged is a strong reason why we should fully examine its claims. “Quand l’institution d’une haute cour,” writes Laveleye, (_Des causes actuelles de guerre en Europe et de l’arbitrage_) “n’éviterait qu’une guerre sur vingt, il vaudrait encore la peine de l’établir.” But history shows us that there is no single instance of a supreme conflict having been settled otherwise than by war. Arbitration is a method admirably adapted to certain cases: to those we have named, where it has been successfully applied, to the interpretation of contracts, to offences against the Law of Nations—some writers say to trivial questions of honour—in all cases where the use of armed force would be impossible, as, for instance, in any quarrel in which neutralised countries[91] like Belgium or Luxembourg should take a principal part, or in a difference between two nations, such as (to take an extreme case) the United States and Switzerland, which could not easily engage in actual combat. These cases, which we cannot too carefully examine, show that what is here essential is that it should be possible to formulate a juridical statement of the conflicting claims. In Germany the _Bundestag_ had only power to decide questions of law. Other disputes were left to be fought out. Questions on which the existence and vital honour of a state depend—any question which nearly concerns the disputants—cannot be reduced to any cut and dry legal formula of right and wrong. We may pass over the consideration that in some cases (as in the Franco-Prussian War) the delay caused by seeking mediation of any kind would deprive a nation of the advantage its state of military preparation deserved. And we may neglect the problem of finding an impartial judge on some questions of dispute, although its solution might be a matter of extreme difficulty, so closely are the interests of modern nations bound up in one another. How could the Eastern Question, for example, be settled by arbitration? It is impossible that such a means should be sufficient for every case. Arbitration in other words may prevent war, but can never be a substitute for war. We cannot wonder that this is so. So numerous and conflicting are the interests of states, so various are the grades of civilisation to which they have attained and the directions along which they are developing, that differences of the most vital kind are bound to occur and these can never be settled by any peaceful means at present known to Europe. This is above all true where the self-preservation[92] or independence of a people are concerned. Here the “good-will” of the nations who disagree would necessarily be wanting: there could be no question of the arbitration of an outsider.

[87] See “A Plan for a Universal and Perpetual Peace” in the _Principles of International Law_ (_Works_, Vol. II). One of the main principles advocated by Bentham in this essay (written between 1787 and 1789) is that every state should give up its colonies.

[88] See his _Kleine Schriften_.

[89] _Institutes of the Law of Nations_ (1884), Vol. II., Ch. XIV.

[90] John Stuart Mill holds that the multiplication of federal unions would be a benefit to the world. [See his _Considerations on Representative Government_ (1865), Ch. XVII., where he discusses the conditions necessary to render such unions successful.] But the Peace Society is scarcely justified, on the strength of what is here, in including Mill among writers who have made definite proposals of peace or federation. (See _Inter. Trib._)

[91] See what Lawrence says (_op. cit._, § 241) of neutralisation and the limits of its usefulness as a remedy for war.

[92] Montesquieu: _Esprit des Lois_, X. Ch. 2. “The life of governments is like that of man. The latter has a right to kill in case of natural defence: the former have a right to wage war for their own preservation.”

See also Vattel (_Law of Nations_, II. Ch. XVIII. § 332):—“But if anyone would rob a nation of one of her essential rights, or a right without which she could not hope to support her national existence,—if an ambitious neighbour threatens the liberty of a republic, if he attempts to subjugate and enslave her,—she will take counsel only from her own courage. She will not even attempt the method of conferences, in the case of a contention so odious as this. She will, in such a quarrel, exert her utmost efforts, exhaust every resource and lavish her blood to the last drop if necessary. To listen to the slightest proposal in a matter of this kind is to risk everything.”