CHAPTER IX.

THE LIMITS OF MILITARY DUTY.

_‘I confess when I went into arms at the beginning of this war,

I never troubled myself to examine sides; I was glad to hear the

drums beat for soldiers, as if I had been a mere Swiss, that had

not cared which side went up or down, so I had my pay.’_--MEMOIRS

OF A CAVALIER.

The old feeling of the moral stain of bloodshed--Military

purificatory customs--Modern change of feeling about

warfare--Descartes on the profession of arms--The old-world

sentiment in favour of piracy--The central question of military

ethics--May a soldier be indifferent to the cause of war?--The

right to serve made conditional on a good cause, by St. Augustine,

Bullinger, Grotius, and Sir James Turner--Old Greek feeling about

mercenary service--Origin of our mercenary as opposed to gratuitous

service--Armies raised by military contractors--The value of the

distinction between foreign and native mercenaries--Original

limitation of military duty to the actual defence of the

realm--Extension of the notion of allegiance--The connection of the

military oath with the first Mutiny Act--Recognised limits to the

claims on a soldier’s obedience--The falsity of the common doctrine

of duty illustrated by the devastation of the Palatinate by the

French and by the bombardment of Copenhagen by the English--The

example of Admiral Keppel--Justice between nations--Its observation

in ancient India and Rome--St. Augustine and Bayard on justice

in war--Grotius on good grounds of war--The military claim to

exemption from moral responsibility--The soldier’s first duty to

his conscience--The admission of this principle involves the end of

war.

It must needs be that new questions arise, or old perplexities in

a fresh form; and of these one that has risen again in our time is

this: Does any moral stain attach to bloodshed committed upon the

battle-field? Or is the difference between military and ordinary

homicide a real one, and does the plea of duty sanction any act,

however atrocious in the abstract, provided it be committed under the

uniform of the State?

The general opinion is, of course, that no soldier in his military

capacity can be guilty of crime; but opinion has not always been so

fixed, and it is worth noticing that in the forms of civilisation that

preceded our own, and in some existing modern races of lower type

than our own, traces clearly appear of a sense of wrong attaching to

any form of bloodshed whatever, whether of fair battle or of base

treachery, calling alike for the purifying influences of expiation and

cleansing. In South Africa, for instance, the Basuto returning from

war proceeds with all his arms to the nearest stream, to purify not

only his own person but his javelins and his battle-axe. The Zulu, too,

practises ablutions on the same occasion; and the Bechuana warrior

wears a rude kind of necklace, to remind him of the expiation due from

him to the slain, and to disperse the dreams that might otherwise

trouble him, and perhaps even drive him to die of remorse.[310]

The same feelings may be detected in the old world. The Macedonians

had a peculiar form of sacrificatory purification, which consisted

in cutting a dog in half and leading the whole army, arrayed in full

armour, between the two parts.[311] As the Bœotians had the same

custom, it was probably for the same reason. At Rome, for the same

purpose, a sheep, and a bull, and a pig or boar, were every year led

three times round the army and then sacrificed to Mars. In Jewish

history the prohibition to King David to build the temple was expressly

connected with the blood he had shed in battle. In old Greek mythology

Theseus held himself unfit, without expiation, to be admitted to the

mysteries of Ceres, though the blood that stained his hands was only

that of thieves and robbers. And in the same spirit Hector refused to

make a libation to the gods before he had purified his hands after

battle. ‘With unwashen hands,’ he said, ‘to pour out sparkling wine

to Zeus I dare not, nor is it ever the custom for one soiled with the

blood and dust of battle to offer prayers to the god whose seat is in

the clouds.’[312]

For the cause of this feeling we may perhaps choose between an almost

instinctive reluctance to take human life, and some such superstition

as explains the necessity for purification among the Basutos,--the

idea, namely, of escaping the revenge of the slain by the medium of

water.[313] The latter explanation would be in keeping with the not

uncommon notion in savage life of the inability of a spirit to cross

running water, and would help to account for the necessity there was

for a Hebrew to flee, or for a Greek to make some expiation, even

though only guilty of an act of unintentional homicide. And in this way

it is possible that the sanctity of human life, which is one of the

chief marks, and should be one of the chief objects, of civilisation,

originated in the very same fear of a post-mortem vengeance, which

leads some savage tribes to entreat pardon of the bear or elephant

they have slain after a successful chase.

But, account as we like for the origin of the feeling, its undoubted

existence is the point of interest, for it is easy to see that under

slightly more favourable conditions of history it might have ripened

into a state of thought which would have held the soldier and the

manslayer in equal abhorrence. Christianity in its primitive form

certainly aimed at and very nearly effected the transition. In the

Greek Church a Christian soldier was debarred from the Eucharist for

three years if he had slain an enemy in battle; and the Christian

Church of the first three centuries would have echoed the sentiment

expressed by St. Cyprian in his letter to Donatus: ‘Homicide when

committed by an individual is a crime, but a virtue when committed in

a public war; yet in the latter case it derives its impunity, not from

its abstract harmlessness, but solely from the scale of its enormity.’

The education of centuries has long since effaced the earlier scruple;

but there are tens of thousands of Englishmen to whom the military

profession is the last they would voluntarily adopt, and it would be

rash to predict the impossibility of the revival of the older feeling,

or the dimensions it may ultimately assume. The greatest poet of our

time, who more than any other living man has helped to lead European

opinion into new channels, may, perhaps, in the following lines have

anticipated the verdict of the coming time, and divined an undercurrent

of thought that is beginning to flow even now amongst us with no

inconsiderable force of feeling:--

La phrase, cette altière et vile courtisane,

Dore le meurtre en grand, fourbit la pertuisane,

Protège les soudards contre le sens commun,

Persuade les niais que tous sont faits pour un,

Prouve que la tuerie est glorieuse et bonne,

Déroute la logique et l’évidence, et donne

Un sauf-conduit au crime à travers la raison.[314]

The destruction of the romance of war by the greater publicity given to

its details through the medium of the press clearly tends to strengthen

this feeling, by tempering popular admiration for military success

with a cooling admixture of horror and disgust. Take, for instance,

the following description of the storming of the Egyptian trenches at

Tel-el-Kebir, by an eye-witness of it:--‘In the redoubts into which

our men were swarming the Egyptians, throwing away their arms, were

found cowering, terror-stricken, in the corners of the works, to hide

themselves from our men. Although they had made such a contemptible

exhibition, from a soldierly point of view, it was impossible to help

pitying the poor wretches as they huddled together; _it seemed so much

like rats in a pit when the terrier has set to work_.’ And some 2,500

of them were afterwards buried on the spot, most of them killed by

bayonet wounds in the back.

This is an instance of the _tuerie_ that Victor Hugo speaks of, which

we all call glorious when we meet in the streets, reserving, some of

us, another opinion for the secret chamber. Still, when it comes to

comparing the work of a victory to that of a terrier in a rat-pit, it

must be admitted that the realism of war threatens to become more

repellent than its romance was once attractive, and to deter men more

and more from the choice of a profession of which similar disgusting

scenes are the common and the probable episodes.

Descartes, the father of modern philosophy and of free thought, who,

from a youthful love for arms and camp-life, which he attributed to a

certain heat of liver, began life in the army, actually gave up his

military career for the reasons which he thus expressed in a letter

to a friend: ‘Although custom and example render the profession of

arms the noblest of all, I, for my own part, who only regard it like a

philosopher, value it at its proper worth, and, indeed, I find it very

difficult to give it a place among the honourable professions, seeing

that idleness and licentiousness are the two principal motives which

now attract most men to it.’[315]

Of course no one in modern times would come to the same conclusions

as Descartes for the same reasons, the discipline of our armies being

somewhat more serious than it was in the first half of the seventeenth

century. Nevertheless, it is impossible to read of the German campaign

in France without hoping, for the good of the world, that the

inevitable association of war with the most revolting forms of crime

therein displayed, may some day produce a general state of sentiment

similar to that anticipated by Descartes.

It may be, said that the example of Descartes proves and indicates

nothing; and we may feel pretty sure that his scruples seemed

extravagantly absurd to his contemporaries, if he suffered them to

know them. Nevertheless, he might have appealed to several well-known

historical facts as a reason against too hasty a condemnation of his

apparent super-sensitiveness. He might have argued that the profession

of a pirate once reflected no more moral discredit than that of a

soldier did in his days; that the pirate’s reply to Alexander, that he

infested the seas by the same right wherewith the conqueror devastated

the land, conveyed a moral sentiment once generally accepted, nor even

then quite extinct; that in the days of Homer it was as natural to ask

a seafarer whether he were a freebooter as whether he were a merchant;

that so late in Greek history as the time of Thucydides, several tribes

on the mainland of Greece still gloried in piracy, and accounted their

plunder honourably won; and that at Rome the Cilician pirates, whom

it devolved on Pompey to disperse, were joined by persons of wealth,

birth, and education, ‘as if,’ says Plutarch, ‘their employment were

worthy of the ambition of men of honour.’

Remembering, therefore, these things, and the fact that not so very

many centuries ago public opinion was so lenient to the practice of

bishops and ecclesiastics taking an active part in warfare that they

commonly did so in spite of canons and councils to the contrary, it is

a fair subject for speculation whether the moral opinion of the future

may not come to coincide with the feeling of Descartes, and it behoves

us to keep our minds alive to possibilities of change in this matter,

already it would seem in process of formation. Who will venture to

predict what may be the effect of the rise of the general level of

education, and of the higher moral life of our time, on the popular

judgment of even fifty years hence regarding a voluntarily adopted

military life?

We may, perhaps, attribute it to the extreme position taken up with

regard to military service by the Quakers and Mennonites that the

example of Descartes had so slight a following. That thick phalanx of

our kind who fondly mistake their own mental timidity for moderation,

perpetually make use of the doctrines of extremists as an excuse for

tolerating or even defending what in the abstract they admit to be

evil; and it was unfortunately with this moderate party that Grotius

elected to throw in his lot. No one admitted more strongly the evils

of war. The reason he himself gave for writing his ‘De Jure Pacis et

Belli’ was the licence he saw prevailing throughout Christendom in

resorting to hostilities; recourse had to arms for slight motives

or for none; and when war was once begun an utter rejection of all

reverence for divine or human law, just as if the unrestrained

commission of every crime became thenceforth legitimate. Yet, instead

of throwing the weight of his judgment into the scale of opinion which

opposed the custom altogether (though he did advocate an international

tribunal that should decide differences and compel obedience to its

decisions), he only tried to shackle it with rules of decency that are

absolutely foreign to it, with the result, after all, that he did very

little to humanise wars, and nothing to make them less frequent.

Nevertheless, though Grotius admitted the abstract lawfulness of

military service, he made it conditional on a thorough conviction

of the righteousness of the cause at issue. This is the great and

permanent merit of his work, and it is here that we touch on the pivot

or central question of military ethics. The orthodox theory is, that

with the cause of war a soldier has no concern, and that since the

matter in contention is always too complicated for him to judge of

its merits, his only duty is to blindfold his reason and conscience,

and rush whithersoever his services are commanded. Perhaps the best

exposition of this simple military philosophy is that given by

Shakespeare in his scene of the eve of Agincourt, where Henry V., in

disguise, converses with some soldiers of the English army. ‘Methinks,’

says the king, ‘I could not die anywhere so contented as in the king’s

company, his cause being just and his quarrel honourable.’

_William._ ‘That’s more than we know.’

_Bates._ ‘Ay, or more than we should seek after, for we know enough

if we know we are the king’s subjects. If his cause be wrong, our

obedience to the king wipes the crime of it out of us.’

Yet the whisper of our own day is, Does it? For a soldier, nowadays,

enjoys equally with the civilian, who by his vote contributes to

prevent or promote hostilities, the greater facilities afforded by

the spread of knowledge for the exercise of his judgment; and it is

to subject him to undeserved ignominy to debar him from the free use

of his intellect, as if he were a minor or an imbecile, incompetent

to think for himself. Putting even the difficulty of decision at its

worst, it can never be greater for the soldier than it is for the

voter; and if the former is incompetent to form an opinion, whence does

the peasant or mechanic derive his ability? Moreover, the existence

of a just and good cause has always been the condition insisted on as

alone capable of sanctioning military service by writers of every shade

of thought--by St. Augustine as representing the early Catholic Church,

by Bullinger or Becon as representatives of the early Reformed Church,

and by Grotius as representative of the modern school of publicists.

Grotius contends that no citizen or subject ought to take part in an

unjust war, even if he be commanded to do so. He openly maintains

that disobedience to orders is in such a case a lesser evil than the

guilt of homicide that would be incurred by fighting. He inclines to

the opinion that, where the cause of war seems doubtful, a man would

do better to refrain from service, and to leave the king to employ

those whose readiness to fight might be less hampered by questions of

right and wrong, and of whom there would always be a plentiful supply.

Without these reservations he regards the soldier’s task as so much the

more detestable than the executioner’s, as manslaughter without a cause

is more heinous than manslaughter with one,[316] and thinks no kind of

life more wicked than that of men who, without regard for the cause of

war, fight for hire, and to whom the question of right is equivalent to

the question of the highest wage.[317]

These are strong opinions and expressions, and as their general

acceptance would logically render war impossible, it is no small gain

to have in their favour so great an authority as Grotius. But it is

an even greater gain to be able to quote on the same side an actual

soldier. Sir James Turner at the end of his military treatise called

‘Pallas Armata,’ published in 1683, came to conclusions which, though

adverse to Grotius, contain some remarkable admissions and show the

difference that two centuries have made on military maxims with regard

to this subject. ‘It is no sin for a mere soldier,’ he says, ‘to serve

for wages, unless his conscience tells him he fights in an unjust

cause.’ Again, ‘That soldier who serves or fights for any prince or

State for wages in a cause he knows to be unjust, sins damnably.’ He

even argues that soldiers whose original service began for a just

cause, and who are constrained by their military oaths to continue

in service for a new and unjust cause of war, ought to ‘desert their

employment and suffer anything that could be done to them before they

draw their swords against their own conscience and judgments in an

unjust quarrel.’[318]

These moral sentiments of a military man of the seventeenth century

are absolutely alien to the military doctrines of the present day;

and his remarks on wages recall yet another important landmark of

ancient thought that has been removed by the progress of time. Early

Greek opinion justly made no distinction between the mercenary who

served a foreign country and the mercenary who served his own. All

hired military service was regarded as disgraceful, nor would anyone

of good birth have dreamt of serving his own country save at his own

expense. The Carians rendered their names infamous as the first of the

Greek race who served for pay; whilst at Athens Pericles introduced the

custom of supporting the poorer defenders of their country out of the

exchequer.[319] Afterwards, of course, no people ever committed itself

more eagerly to the pursuit of mercenary warfare.

In England also gratuitous military service was originally the

condition of the feudal tenure of land, nor was anyone bound to serve

the king for more than a certain number of days in the year, forty

being generally the longest term. For all service in excess of the

legal limit the king was obliged to pay; and in this way, and by

the scutage tax, by which many tenants bought themselves off from

their strict obligations, the principle of a paid military force was

recognised from the time of the Conquest. But the chief stipendiary

forces appear to have been foreign mercenaries, supported, not out

of the commutation tax, but out of the king’s privy purse, and still

more out of the loot won from their victims in war. These were those

soldiers of fortune, chiefly from Flanders, Brabançons, or Routers,

whose excesses as brigands led to their excommunication by the Third

Lateran Council (1179), and to their destruction by a crusade three

years later.[320]

But the germ of our modern recruiting system must rather be looked for

in those military contracts or indentures, by which from about the time

of Edward III. it became customary to raise our forces: some powerful

subject contracting with the king, in consideration of a certain sum,

to provide soldiers for a certain time and task. Thus in 1382 the

war-loving Bishop of Norwich contracted with Richard II. to provide

2,500 men-at-arms and 2,500 archers for a year’s service in France, in

consideration of the whole fifteenth that had been voted by Parliament

for the war.[321] In the same way several bishops indented to raise

soldiers for Henry V. And thus a foreign war became a mere matter

of business and hire, and armies to fight the French were raised by

speculative contractors, very much as men are raised nowadays to make

railways or take part in other works needful for the public at large.

The engagement was purely pecuniary and commercial, and was entirely

divested of any connection with conscience or patriotism. On the other

hand, the most obviously just cause of war, that of national defence in

case of invasion, continued to be altogether disconnected with pay, and

remained so much the duty of the militia or capable male population of

the country, that both Edward III. and Richard II. directed writs even

to archbishops and bishops to arm and array all abbots, priors, and

monks, between the ages of sixteen and sixty, for the defence of the

kingdom.[322]

Originally, therefore, the paid army of England, as opposed to the

militia, implied the introduction of a strictly mercenary force

consisting indifferently of natives or foreigners, into our military

system. But clearly there was no moral difference between the two

classes of mercenaries so engaged. The hire, and not the cause, being

the main consideration of both, the Englishman and the Brabançon were

equally mercenaries in the ordinary acceptation of the term. The

prejudice against mercenaries either goes too far or not far enough.

If a Swiss or an Italian hiring himself to fight for a cause about

which he was ignorant or indifferent was a mercenary soldier, so was

an Englishman who with equal ignorance and indifference accepted the

wages offered him by a military contractor of his own nation. Either

the conduct of the Swiss was blameless, or the Englishman’s moral

delinquency was the same as his.

The public opinion of former times regarded both, of course, as equally

blameless, or rather as equally meritorious. And it is worth noticing

that the word _mercenary_ was applied alike to the hired military

servant of his own as of another country. Shakespeare, for instance,

applies the term mercenary to the 1,600 Frenchmen of low degree slain

at Agincourt, whom Monstrelet distinguishes from the 10,000 Frenchmen

of position who lost their lives on that memorable day--

In this ten thousand they have lost,

There are but sixteen hundred mercenaries.

And even so late as 1756, the original signification of the word had so

little changed, that in the great debate in the House of Lords on the

Militia Bill of that year Lord Temple and several other orators spoke

of the national standing army as an army of _mercenaries_, without

making any distinction between the Englishmen and the Hessians who

served in it.[323]

The moral distinction that now prevails between the paid service of

natives and of foreigners is, therefore, of comparatively recent

origin. It was one of the features of the Reformation in Switzerland

that its leaders insisted for the first time on a moral difference

between Swiss soldiers who served their own country for pay, and those

who with equal bravery and credit sold their strength to the service of

the highest foreign bidder.

Zwingli, and after him his disciple Bullinger, effected a change in the

moral sentiment of Switzerland equivalent to that which a man would

effect nowadays who should persuade men to discountenance or abandon

military service of any kind for pay. One of the great obstacles to

Zwingli’s success was his decided protest against the right of any

Swiss to sell himself to foreign governments for the commission of

bloodshed, regardless of any injury in justification; and it was

mainly on that account that Bullinger succeeded in 1549 in preventing

a renewal of the alliance or military contract between the cantons

and Henry II. of France. ‘When a private individual,’ he said, ‘is

free to enrol himself or not, and engages himself to fight against the

friends and allies of his sovereign, I know not whether he does not

hire himself to commit homicide, and whether he does not act like the

gladiators, who, to amuse the Roman people, let themselves to the first

comer to kill one another.’

But it is evident that, except with a reservation limiting a man’s

service to a just national cause, Bullinger’s argument will also apply

to the case of a hired soldier of his own country. The duty of every

man to defend his country in case of invasion is intelligible enough;

and it is very important to notice that originally in no country did

the duty of military obedience mean more. In 1297 the High Constable

and Marshal of England refused to muster the forces to serve Edward I.

in Flanders, on the plea that neither they nor their ancestors were

obliged to serve the king outside his dominions;[324] and Sir E. Coke’s

ruling in Calvin’s case,[325] that Englishmen are bound to attend the

king in his wars as well without as within the realm, and that their

allegiance is not local but indefinite, was not accepted by writers

on the constitution of the country. The existing militia oath, which

strictly limits obedience to the defence of the realm, covered the

whole military duty of our ancestors; and it was only the innovation of

the military contract that prepared the way for our modern idea of the

soldier’s duty as unqualified and unlimited with regard to cause and

place and time. The very word _soldier_ meant originally stipendiary,

his pay or _solde_ (from the Latin _solidum_) coming to constitute

his chief characteristic. From a servant hired for a certain task

for a certain time the steps were easy to a servant whose hire bound

him to any task and for the whole of his life. The existing military

oath, which binds a recruit and practically compels him as much to a

war of aggression as of defence at the bidding of the executive, owes

its origin to the revolution of 1689, when the refusal of Dumbarton’s

famous Scotch regiment to serve their new master, William III., in the

defence of Holland against France, rendered it advisable to pass the

Mutiny Act, containing a more stringent definition of military duty by

an oath couched in extremely general terms. Such has been the effect

of time in confirming this newer doctrine of the contract implied by

the military status, that the defence of the monarch ‘in person, crown,

and dignity against all enemies,’ to which the modern recruit pledges

himself at his attestation, would be held to bind the soldier not to

withhold his services were he called upon to exercise them in the

planet Mars itself.

Hence it appears to be an indisputable fact of history that the

modern military theory of Europe, which demands complete spiritual

self-abandonment and unqualified obedience on the part of a soldier,

is a distinct trespass outside the bounds of the original and, so

to speak, constitutional idea of military duty; and that in our own

country it is as much an encroachment on the rights of Englishmen as it

is on the wider rights of man.

But what is the value of the theory itself, even if we take no account

of the history of its growth? If military service precludes a man from

discussing the justice of the end pursued in a war, it can hardly be

disputed that it equally precludes him from inquiries about the means,

and that if he is bound to consider himself as fighting in any case

for a lawful cause he has no right to bring his moral sense to bear

upon the details of the service required of him. But here occurs a

loophole, a flaw, in the argument; for no subject nor soldier can be

compelled to serve as a spy, however needful such service may be. That

proves that a limit does exist to the claims on a soldier’s obedience.

And Vattel mentions as a common occurrence the refusal of troops to

act when the cruelty of the deeds commanded of them exposed them to

the danger of savage reprisals. ‘Officers,’ he says, ‘who had the

highest sense of honour, though ready to shed their blood in a field

of battle for their prince’s service, have not thought it any part of

their duty to run the hazard of an ignominious death,’ such as was

involved in the execution of such behests. Yet why not, if their prince

or general commanded them? By what principle of morality or common

sense were they justified in declining a particular service as too

iniquitous for them and yet in holding themselves bound to the larger

iniquity of an aggressive war? What right has a machine to choose or

decide between good and bad any more than between just and unjust? Its

moral incompetence must be thoroughgoing, or else in no case afford an

extenuating plea. You must either grant it everything or nothing, or

else offer a rational explanation for your rule of distinction. For it

clearly needs explaining, why, if there are orders which a soldier is

not bound to obey, if there are cases where he is competent to discuss

the moral nature of the services required of him, it should not also

be open to him to discuss the justice of the war itself of which those

services are merely incidents.

Let us turn from the abstract to the concrete, and take two instances

as a test of the principle. In 1689, Marshal Duras, commander of the

French army of the Rhine, received orders to destroy the Palatinate,

and make a desert between France and Germany, though neither the

Elector nor his people had done the least injury to France. Did a

single soldier, did a single officer quail or hesitate? Voltaire tells

us that many officers felt shame in acting as the instrument of this

iniquity of Louis XIV., but they acted nevertheless in accordance with

their supposed honour, and with the still orthodox theory of military

duty. They stopped short at no atrocity. They cut down the fruit-trees,

they tore down the vines, they burnt the granaries; they set fire to

villages, to country-houses, to castles; they desecrated the tombs of

the ancient German emperors at Spiers; they plundered the churches;

they reduced well-nigh to ashes Oppenheim, Spiers, Worms, Mannheim,

Heidelberg, and other flourishing cities; they reduced 400,000 human

beings to homelessness and destruction--and all in the name of military

duty and military honour! Yet, of a truth, those were dastardly deeds

if ever dastardly deeds have been done beneath the sun; and it is the

sheerest sophistry to maintain that the men who so implicitly carried

out their orders would not have done more for their miserable honour,

would not have had a higher conception of duty, had they followed the

dictates of their reason and conscience rather than those of their

military superiors, and refused to sacrifice their humanity to an

overstrained theory of their military obligation, and their memory to

everlasting execration.

In the case of these destroyers military duty meant simply military

servility, and it was this reckless servility that led Voltaire in his

‘Candide’ to put into the mouth of his inimitable philosopher, Martin,

that definition of an army which tales like the foregoing suggested and

justified: ‘A million of assassins, in regiments, traversing Europe

from end to end, and committing murder and brigandage by rules of

discipline for the sake of bread, because incompetent to exercise any

more honest calling.’[326]

An English case of this century may be taken as a parallel one to the

French of the seventeenth, and as an additional test of the orthodox

military dogma that with the cause of war a soldier has no concern.

It is the Copenhagen expedition of 1807, than which no act of might

within this century was more strongly reprobated by the public opinion

of Europe, and by all but the Tory opinion of England. A fleet and

army having been sent to the Danish capital, and the Danish Government

having refused to surrender their fleet, which was demanded as the

alternative of bombardment, the English military officials proceeded

to bombard the city, with infinite destruction and slaughter, which

were only stayed at last by the surrender of the fleet as originally

demanded. There was no quarrel with Denmark at the time, there was no

complaint of injury; only the surrender of the fleet was demanded.

English public opinion was both excited and divided about the morality

of this act, which was only justified on the plea that the Government

was in possession of a secret article of the Treaty of Tilsit between

Napoleon and the Czar of Russia, by which the Danish fleet was to be

made use of in an attack upon England. But this secret article was

not divulged, according to Alison, till ten years afterwards,[327]

and many disbelieved in its existence altogether, even supposing that

its existence would have been a good case for war. Many military men

therefore shared in the feeling that condemned the act, yet they

scrupled not to contribute their aid to it. Were they right? Read Sir

C. Napier’s opinion of it at the time, and then say where, in the

case of a man so thinking, would have lain his duty: ‘This Copenhagen

expedition--is it an unjust action for the general good? Who can say

that such a precedent is pardonable? When once the line of justice has

been passed, there is no shame left. England has been unjust.... Was

not our high honour worth the danger we might perhaps have risked in

maintaining that honour inviolate?’[328]

These opinions, whether right or wrong, were shared by many men in

both services. Sir C. Napier himself says: ‘Were there not plenty of

soldiers who thought these things wrong? ... but would it have been

possible to allow the army and navy ... to decide upon the propriety of

such attacks?’[329] The answer is, that if they did, whether allowed or

not, such things would be impossible, or, at all events, less probable:

which is the best reason possible for the contention that they should.

Had they done so in this very instance, our historians would have been

spared the explanation of an episode that is a dark blot upon our

annals.

A more pleasing precedent, therefore, than that of the French officers

in the Palatinate, or of the English at Copenhagen, is the case of

Admiral Keppel, who, whilst numbers of naval officers flocked to the

Admiralty to offer their services or to request employment, steadily

declined to take part in the war of England against her American

colonies, because he deemed her cause a bad one.[330] He did no

violence to his reason or conscience nor tarnished his fame by acting a

part, of which in his individual capacity he disapproved. His example

is here held up as illustrating the only true doctrine, and the only

one that at all accords with the most rudimentary principles of either

religion or morality. The contrary doctrine bids a man to forswear the

use of both his reason and his conscience in consideration for his pay,

and deprives him of that liberty of thought and moral action compared

with which his civil and political liberty are nothing worth. For what

indeed is this contrary time-honoured doctrine when stripped of all

superfluities, and displayed in the outfit of common sense and common

words? What is it but that the duty of military obedience overrides

all duty of a man towards himself; that, though he may not voluntarily

destroy his body, he cannot do too much violence to his soul; that it

is his duty to annihilate his moral and intellectual being, to commit

spiritual suicide, to forego the use of the noblest faculties which

belong to him as a man; that to do all this is a just cause of pride

to him, and that he is in all respects the nobler and better for

assimilating himself to that brainless and heartless condition which is

that also of his charger or his rifle?

If this doctrine is true and sound, then it may be asked whether there

has ever been or exists upon the earth any tyranny, ecclesiastical or

political, comparable to this military one; whether any but the baser

forms of priestcraft have ever sought to deprive a man so completely

of the enjoyment of his highest human attributes, or to absolve him so

utterly from all moral responsibility for his actions.

This position can scarcely be disputed, save by denying the reality

of any distinction between just and unjust in international conduct;

and against this denial may be set not only the evidence of every age,

but of every language above the stage of mere barbarism. Disregard of

the difference is one of the best measures of the civilisation of a

people or epoch. We at once, for instance, form a higher estimate of

the civilisation of ancient India, when we read in Arrian that her

kings were so apprehensive of committing an unjust aggression that

they would not lead their armies out of India for the conquest of

other nations.[331] One of the best features in the old pagan world

was the importance attached to the justice of the motives for breaking

the peace. The Romans appear never to have begun a war without a

previous consultation with the College of Fecials as to its justice;

and in the same way, and for the same purpose, the early Christian

emperors consulted the opinion of the bishops. If a Roman general made

an unjust attack upon a people his triumph was refused, or at least

resisted; nor are the instances infrequent in which the senate decreed

restitution where a consul, acting on his own responsibility, had

deprived a population of its arms, its lands, or its liberties.[332]

Hence the Romans, with all their apparent aggressiveness, won the

character of a strict regard to justice, which was no small part of the

secret of their power. ‘You boast,’ the Rhodians said to them, ‘that

your wars are successful because they are just, and plume yourselves

not so much on the victory which concludes them as on the fact that

you never begin them without good cause.’[333] Conquest corrupted the

Romans in these respects as it has done many another people; but even

to the end of the Republic the tradition of justice survived; nor is

there anything finer in the history of that people than the attempt

of the party headed by Ateius the tribune to prevent Crassus leaving

Rome when he was setting out to make war upon the Parthians, who not

only had committed no injury, but were the allies of the Republic; or

than the vote of Cato, that Cæsar, who, in time of peace, had slain or

routed 300,000 Germans, should be given up to the people he had injured

in atonement for the wrong he had done to them.

The idea of the importance of a just cause of war may be traced, of

course, in history, after the extinction of the grand pagan philosophy

in which it had its origin. It was insisted on even by Christian

writers who, like St. Augustine, did not regard all military service

as wicked. What, he asked, were kingdoms but robberies on a vast scale,

if their justice were put out of the reckoning.[334] A French writer

of the time of Charles V. concluded that while soldiers who fell in a

just cause were saved, those who died for an unjust cause perished in

a state of mortal sin.[335] Even the Chevalier Bayard, who accompanied

Charles VIII. without any scruple in his conquest of Naples, was fond

of saying that all empires, kingdoms, and provinces were, if without

the principle of justice, no better than forests full of brigands;[336]

and the fine saying is attributed to him, that the strength of arms

should only be employed for the establishment of right and equity. But

on the whole the justice of the cause of war became of less and less

importance as time went on; nor have our modern Christian societies

ever derived benefit in that respect from the instruction or guidance

of their churches at all equal to that which the society of pagan Rome

derived from the institution of its Fecials, as the guardians of the

national conscience.

It was among the humane endeavours of Grotius to try to remedy this

defect in modern States by establishing certain general principles by

which it might be possible to test the pretext of any given war from

the side of its justice. At first sight it appears obvious that a

definite injury is the only justification for a resort to hostilities,

or, in other words, that only a defensive war is just; but then the

question arises how far defence may be anticipatory, and an injury

feared or probable give the same rights as one actually sustained.

The majority of wars, that have not been merely wars of conquest and

robbery, may be traced to that principle in history, so well expressed

by Livy, that men’s anxiety not to be afraid of others causes them

to become objects of dread themselves.[337] For this reason Grotius

refused to admit as a good _casus belli_ the fact that another nation

was making warlike preparations, building garrisons and fortresses,

or that its power might, if unchecked, grow to be dangerous. He also

rejected the pretext of mere utility as a good ground for war, or such

pleas as the need of better territory, the right of first discovery, or

the improvement or punishment of barbarous nations.

A strict adherence to these principles, vague as they are, would

have prevented most of the bloodshed that has occurred in Europe

since Grotius wrote. The difficulty, however, is, that, as between

nations, the principle of utility easily overshadows that of justice;

and although the two are related as the temporary to the permanent

expediency, and therefore as the lesser to the greater expediency,

the relation between them is seldom obvious at the time of choice,

and it is easy beforehand to demonstrate the expediency of a war of

which time alone can show both the inexpediency and the injustice.

Any war, therefore, however unjust it may seem, when judged by the

canons of Grotius, is easily construed as just when measured by the

light of an imperious and magnified passing interest; and the absence

of any recognised definition or standard of just dealing between

nations affords a salve to many a conscience that in the matters of

private life would be sensitive and scrupulous enough. The story of

King Agesilaus is a mirror in which very few ages or countries may not

see their own history reflected. When Phœbidas, the Spartan general,

seized the Cadmeia of Thebes in the time of peace, the greater part

of Greece and many Spartans condemned it as a most iniquitous act of

war; but Agesilaus, who at other times was wont to talk of justice

as the greatest of all the virtues, and of valour without it as of

little worth, defended his officer’s action, on the plea that it was

necessary to regard the tendency of the action, and to account it even

as glorious if it resulted in an advantage to Sparta.

But when every allowance is made for wars of which the justice is not

clearly defined from the expediency, many wars have occurred of so

palpably unjust a character, that they could not have been possible

but for the existence of the loosest sentiments with regard to the

responsibility of those who took part in them. We read of wars or the

pretexts of wars in history of which we all, whether military men or

civilians, readily recognise the injustice; and by applying the same

principles of judgment to the wars of our own country and time we are

each and all of us furnished for the direction of our conscience

with a standard which, if not absolutely scientific or consistent, is

sufficient for all the practical purposes of life, and is completely

subversive of the excuse which is afforded by occasional instances of

difficult and doubtful decision. The same facilities which exist for

the civilian when he votes for or against taxation for a given war,

or in approval or disapproval of the government which undertakes it,

exist also for the soldier who lends his active aid to it; nor is it

unreasonable to claim for the action of the one the same responsibility

to his own conscience which by general admission attaches to the other.

It is surely something like a degradation to the soldier that he

should not enjoy in this respect the same rights as the civilian; that

his merit alone should be tested by no higher a theory of duty than

that which is applied to the merit of a horse; and that his capacity

for blind and unreasoning obedience should be accounted his highest

attainable virtue. The transition from the idea of military vassalage

to that of military allegiance has surely produced a strange conception

of honour, and one fitter for conscripts than for free men, when a

man is held as by a vice to take part in a course of action which he

believes to be wrong. Not only does no other profession enforce such an

obligation, but in every other walk of life a man’s assertion of his

own personal responsibility is a source rather of credit to him than of

infamy. That in the performance of any social function a man should be

called upon to make an unconditional surrender of his free will, and

yield an obedience as thoughtless as a dummy’s to superior orders,

would seem to be a principle of conduct pilfered from the Society of

Jesus, and utterly unworthy of the nobility of a soldier. As a matter

of history, the priestly organisation took the military one for its

model: which should lead us to suspect that the tyranny we find fault

with in the copy is equally present in the original, and that the

latter is marked by the same vices that it transmitted to the borrowed

organisation.

The principle here contended for, that the soldier should be fully

satisfied in his own mind of the justice of the cause he fights for, is

the condition that Christian writers, from Augustine to Grotius, have

placed on the lawfulness of military service. The objection to it, that

its adoption would mean the ruin of military discipline, will appear

the greatest argument of all in its favour when we reflect that its

universal adoption would make war itself, which is the only reason for

discipline, altogether impossible. Where would have been the wars of

the last two hundred years had it been in force? Or where the English

wars of the last six, with their thousands of lives and their millions

of money spent for no visible good nor glory in fighting with Afghans,

Zulus, Egyptians, and Arabs? Once restrict legitimate warfare to the

limits of national defence, and it is evident that the refusal of men

to take part in a war of aggression would equally put an end to the

necessity of defensive exertion. If no government could rely on its

subjects for the purposes of aggression and injustice, it goes without

saying that the just cause of war would perish simultaneously. It is

therefore altogether to be wished that that reliance should be weakened

and destroyed.

The reasoning, then, which contains the key that is alone capable of

closing permanently the portals of Janus is this: that there exists a

distinction between a just and an unjust war, between a good and a bad

cause, and that no man has a right either to take part knowingly and

wilfully in a cause he believes to be unjust, nor to commit himself

servilely to a theory of duty which deprives him, at the very outset,

of his inalienable human birthright of free thought and free will. This

is the principle of personal responsibility which has long since won

admission everywhere save in the service of Mars, and which requires

but to be extended there to free the world from the custom that has

longest and most ruinously afflicted it. For it attacks that custom

where it has never yet been seriously attacked before, at its real

source--namely, in the heart, the brain, and the conscience, that,

in spite of all warping and training, still belong to the individual

units who alone make it possible. It behoves all of us, therefore,

who are interested in abolishing military barbarism, not merely to

yield a passive assent to it ourselves, but to claim for it assent and

assertion from others. We must ask and reask the question: What is the

title by which a man, through the mere fact of his military cloth,

claims exemption from the moral law that is universally binding upon

his fellows?

For this principle of individual military responsibility is of such

power, that if carried to its consequences, it must ultimately prove

fatal to militarism; and if it has not yet the prescription of time

and common opinion in its favour, it is sealed nevertheless with the

authority of many of the best intellects that have helped to enlighten

the past, and is indissolubly contained in the teaching alike of our

religious as of our moral code. It can, in fact, only be gainsaid by a

denial of the fundamental maxims of those two guides of our conduct,

and for that reason stands absolutely proof against the assaults

of argument. Try to reconcile with the ordinary conceptions of the

duties of a man or a Christian the duty of doing what his conscience

condemns, and it may be safely predicted that you will try in vain.

The considerations that may occur of utility and expediency beat in

vain against the far greater expediency of a world at peace, freed from

the curse of the warrior’s destructiveness; nor can the whole armoury

of military logic supply a single counter-argument which does not

resolve itself into an argument of supposed expediency, and which may

not therefore be effectually parried, even on this narrower debating

ground, by the consideration of the overwhelming advantages which could

not but flow from the universal acceptance of the contrary and higher

principle--the principle that for a soldier, as for anyone else, his

first duty is to his conscience.

Or, to put the conclusion in the fewest words: The soldier claims to

be a non-moral agent. That is the corner-stone of the whole military

system. Challenge then the claimant to justify his first principle,

and the custom of war will shake to its foundation, and in time go the

way that other evil customs have gone before it, when once their moral

support has been undermined or shattered.

FOOTNOTES:

[1] Halleck’s _International Law_, ii. 21. Yet within three weeks of

the beginning of the war with France 60,000 Prussians were _hors de

combat_.

[2] ‘Artem illam _mortiferam et Deo odibilem_ balistrariorum et

sagittariorum adversus Christianos et Catholicos exerceri de cætero sub

anathemate prohibemus.’

[3] Fauchet’s _Origines des Chevaliers_, &c. &c., ii. 56; Grose’s

_Military Antiquities_, i. 142; and Demmin’s _Encyclopédie d’Armurerie_,

57, 496.

[4] Fauchet, ii. 57. ‘Lequel engin, pour le mal qu’il faisait (pire que

le venin des serpens), fut nommé serpentine,’ &c.

[5] Grose, ii. 331.

[6] Dyer, _Modern Europe_, iii. 158.

[7] Scoffern’s _Projectile Weapons_, &c., 66.

[8] _Sur l’Esprit_, i. 562.

[9] Reade, _Ashantee Campaign_, 52.

[10] Livy, xliv. 42.

[11] These Instructions are published in Halleck’s _International Law_,

ii. 36-51; and at the end of Edwards’s _Germans in France_.

[12] ‘It would have been desirable,’ said the Russian Government,

‘that the voice of a great nation like England should have been heard

at an inquiry of which the object would appear to have met with its

sympathies.’

[13] _Jus Gentium_, art. 887, 878.

[14] Florus, ii. 20.

[15] Edwards’s _Germans in France_, 164.

[16] This remarkable fact is certified by Mr. Russell, in his _Diary in

the last Great War_, 398, 399.

[17] Cicero, _In Verrem_, iv. 54.

[18] See even the _Annual Register_, lvi. 184, for a denunciation of

this proceeding.

[19] Sismondi’s _Hist. des Français_, xxv.

[20] Edwards’s _Germans in France_, 171.

[21] Lieut-Col. Charras, _La Campagne de 1815_, i. 211, ii. 88.

[22] Woolsey’s _International Law_, p. 223.

[23] Cf. lib. xii. 81, and xiii. 25, 26; quoted by Grotius, iii. xi.

xiii.

[24] iii. 41.

[25] _Cambridge Essays_, 1855, ‘Limitations to Severity in War,’ by C.

Buxton.

[26] See Raumer’s _Geschichte Europa’s_, iii. 509-603, if any doubt is

felt about the fact.

[27] General Order of October 9, 1813. Compare those of May 29, 1809,

March 25, 1810, June 10, 1812, and July 9, 1813.

[28] Vattel, iii. ix. 165.

[29] Sir W. Napier (_Peninsular War_, ii. 322) says of the proceeding

that it was ‘politic indeed, yet scarcely to be admitted within the

pale of civilised warfare.’ It occurred in May 1810.

[30] Bluntschli’s _Modernes Völkerrecht_, art. 573.

[31] For the character of modern war see the account of the

Franco-German war in the _Quarterly Review_ for April 1871.

[32] Halleck, ii. 22.

[33] Vehse’s _Austria_, i. 369. Yet, as usual on such occasions, the

excesses were committed in the teeth of Tilly’s efforts to oppose them.

‘Imperavit Tillius a devictorum cædibus et corporum castimonia

abstinerent, quod imperium a quibusdam furentibus male servatum annales

aliqui fuere conquesti.’--Adlzreiter’s _Annales Boicæ Gentis_, Part

iii. l. 16, c. 38.

[34] _Battles in the Peninsular War_, 181, 182.

[35] _Ibid._ 396.

[36] Foxe’s _Actes and Monuments_, iii. 52.

[37] Saint-Palaye, _Mémoires sur la Chevalerie_, iii. 10, 133.

[38] Vinsauf’s _Itinerary of Richard I._, ii. 16.

[39] Matthew of Westminster, 460; Grose, ii. 348.

[40] Monstrelet, ii. 115.

[41] _Mémoires sur la Chevalerie_, i. 322.

[42] Petitot, v. 102; and Ménard, _Vie de B. du Guesclin_, 440.

[43] Petitot, v. 134.

[44] Meyrick, _Ancient Armour_, ii. 5.

[45] i. 123.

[46] Monstrelet, i. 259.

[47] ii. 5.

[48] ii. 11.

[49] ii. 22, compare ii. 56.

[50] Monstrelet, ii. 111.

[51] ii. 113.

[52] See for some, Livy, xxix. 8, xxxi. 26, 30, xxxvii. 21, xliii. 7,

xliv. 29.

[53] Livy, xliv. 29.

[54] Meyrick, i. 41.

[55] Demmin, _Encyclopédie d’Armurerie_, 490.

[56] Meyrick, ii. 204.

[57] Grose, ii. 114.

[58] Petitot, xvi. 134.

[59] Grose, ii. 343.

[60] iv. 27.

[61] iv. 36.

[62] iii. 109.

[63] _Mémoires_, vi. 1.

[64] Halleck, _International Law_, ii. 154.

[65] _Elements of Morality_, sec. 1068.

[66] _Des Droits et Devoirs des Nations neutres_, ii. 321-323.

[67] _History of the Royal Navy_, i. 357.

[68] Nicolas, ii. 341.

[69] Nicolas, ii. 405.

[70] Monstrelet, i. 12.

[71] Nicolas, ii. 108.

[72] _Ibid._ i. 333.

[73] Froissart, ii. 85.

[74] Entick, _New Naval History_ (1757), 823. ‘Some of the Spanish

prizes were immensely rich, a great many of the French were of

considerable value, and so were many of the English; but the balance

was about two millions in favour of the latter.’

[75] From Entick’s _New Naval History_ (1757), 801-817.

[76] Martens, _Essai sur les Corsaires_ (Horne’s translation), 86, 87.

[77] _Ibid._ 93.

[78] III. xv. 229.

[79] Emerigon, _On Insurances_ (translation), 442.

[80] Martens, 19.

[81] Hautfeuille, _Des Droits et Devoirs des Nations neutres_, ii. 349.

[82] _De Jure Maritimo_, i. 72.

[83] _Despatches_, vi. 145.

[84] _Despatches_, vi. 79.

[85] The last occasion was on April 13, 1875.

[86] Halleck, _International Law_, ii. 316.

[87] Bluntschli, _Modernes Völkerrecht_, art. 665.

[88] James, _Naval History_, i. 255.

[89] James, ii. 71.

[90] _Ibid._ ii. 77.

[91] Ortolan, _Diplomatie de la Mer_, ii. 32.

[92] Campbell’s _Admirals_, viii. 40.

[93] _Campbell_, vii. 21. _James_, i. 161. Stinkpots are jars or shells

charged with powder, grenades, &c.

[94] James, i. 283.

[95] Brenton, ii. 471.

[96] Caltrops, or crows’-feet, are bits of iron with four spikes so

arranged that however they fall one spike always remains upwards.

Darius planted the ground with caltrops before Arbela.

[97] Chapter xix. of the _Tactica_.

[98] Frontinus, _Strategematicon_, IV. vii. 9, 10. ‘Amphoras pice et

tæda plenas; ... vascula viperis plena.’

[99] Roger de Wendover, _Chronica_. ‘Calcem vivam, et in pulverem

subtilem redactam, in altum projicientes, vento illam ferente,

Francorum oculos excæcaverunt.’

[100] Brenton, i. 635.

[101] _De Jure Maritimo_, i. 265.

[102] Rees’s _Cyclopædia_, ‘Fire-ship.’

[103] Brenton, ii. 493, 494.

[104] Halleck, ii. 317.

[105] Woolsey, _International Law_, 187.

[106] James, i. 277.

[107] Phillimore, _International Law_, iii. 50-52.

[108] _International Law_, ii. 95.

[109] Villiaumé, _L’Esprit de la Guerre_, 56.

[110] De Commines, viii. 8.

[111] Watson’s _Philip II._, ii. 74.

[112] _Ibid._ i. 213.

[113] _Memoirs_, c. 19.

[114] Villiaumé (_L’Esprit de la Guerre_, 71) gives the following

version: ‘En 1793 et en 1794, le gouvernement anglais ayant violé le

droit des gens contre la République Française, la Convention, dans

un accès de brutale colère, décréta qu’il ne serait plus fait aucun

prisonnier anglais ou hanovrien, c’est-à-dire que les vaincus seraient

mis à mort, encore qu’ils se rendissent. Mais ce décret fut simplement

comminatoire; le Comité de Salut Public, sachant très-bien que de

misérables soldats n’étaient point coupables, donna l’ordre secret de

faire grâce à tous les vaincus.’

[115] Herodotus, vii. 136.

[116] Livy, xlv. 42.

[117] _Ibid._ xlv. 43.

[118] Ward, _Law of Nations_, i. 250.

[119] Petitot’s _Mémoires_, xvi. 177.

[120] Livy, xlii. 8, 9.

[121] Monstrelet, _Chronicles_, i. 200.

[122] _Ibid._ i. 224.

[123] _Ibid._ i. 249.

[124] _Ibid._ i. 259.

[125] Monstrelet, ii. 156.

[126] _Ibid._ 120.

[127] Philip de Commines, ii. 1.

[128] _Ibid._ ii. 2.

[129] _Ibid._ ii. 14.

[130] Philip de Commines, iii. 9.

[131] Motley’s _United Netherlands_, iii. 323.

[132] Vattel, iii. 8, 143.

[133] Borbstaedt, _Franco-German War_ (translation), 662.

[134] Ward, i. 223.

[135] Quintus Curtius, iv. 6, and Grote, viii. 368.

[136] Quintus Curtius, vii. 11.

[137] _Ibid._ iv. 15.

[138] Arrian, iii. 18.

[139] Quintus Curtius, vii. 5.

[140] ‘Tous deux furent très braves, très vaillants, fort bizarres et

cruels.’

[141] Lyttleton, _Henry II._, i. 183.

[142] Hoveden, 697.

[143] 2 Samuel xii. 31.

[144] _Memoirs of a Cavalier_, i. 47.

[145] _Memoirs of a Cavalier_, 49.

[146] ‘Life of Bayard’ in Petitot’s _Mémoires_, xvi. 9.

[147] Major-General Mitchell’s _Biographies of Eminent Soldiers_, 92.

[148] Livy, xxxi. 40. When Pelium was taken by storm, only the slaves

were taken as spoil; the freemen were even let off without ransom.

[149] _Ibid._ xxviii. 3.

[150] _Ibid._ xxviii. 20, xxvii. 16, xxxi. 27.

[151] _De Officiis_, i. 12. Yet on this passage is founded the common

assertion that among the Romans ‘the word which signified stranger was

the same with that which in its original denoted an enemy’ (Ward, ii.

174); implying that in their eyes a stranger and an enemy were one and

the same thing. Cicero says exactly the reverse.

[152] _Recueil de Documents sur les exactions, vols, et cruautés des

armées prussiennes en France._ The book is out of print, but may be

seen at the British Museum, under the title, ‘Prussia--Army of.’ It is

to be regretted that, whilst every book, however dull, relating to that

war has been translated into English, this record has hitherto escaped

the publicity it so well deserves.

[153] _Ibid._ 19.

[154] _Ibid._ 8.

[155] _Ibid._ 13.

[156] Chaudordy’s Circular of November 29, 1870, in the _Recueil_.

[157] _Recueil_, 12, 15, 67, 119.

[158] _Ibid._ 56.

[159] _Ibid._ 54.

[160] _Recueil_, 33-37, and Lady Bloomfield’s _Reminiscences_, ii. 235,

8, 9.

[161] The _Times_, March 7, 1881.

[162] _Recueil_, 29; compare 91.

[163] Morley’s _Cobden_, ii. 177.

[164] Professor Sheldon Amos quotes the fact, but refrains from naming

the paper, in his preface to Manning’s _Commentaries on the Law of

Nations_, xl. Was it not the _Journal de France_ for Nov. 21, 1871?

[165] iii. i. viii. 4.

[166] _De Officiis_, i. 13.

[167] _Modernes Völkerrecht_, Art. 565.

[168] Polyænus, _Strategematum libri octo_, i. 34.

[169] Polyænus, v. 41.

[170] Ortolan’s _Diplomatie de la mer_, ii. 31, 375-7.

[171] James’s _Naval History_, ii. 211; Campbell’s _Admirals_, vii. 132.

[172] James, _Naval History_, ii. 225.

[173] Nicolas, _Royal Navy_, ii. 27.

[174] Hautefeuille, _Droit Maritime_, iii. 433. ‘Les vaisseaux de

l’Etat eux-mêmes ne rougissent pas de ces grossiers mensonges qui

prennent le nom de ruses de guerre.’

[175] xiii. 1.

[176] Montaigne, ch. v.

[177] vii. 4. ‘Quia appellatione nostra vix apte exprimi possunt, Græca

pronuntiatione Stratagemata dicuntur.’

[178] Livy, xlii. 47.

[179] _Histoire de la France_, iii. 401.

[180] The word musket is from _muschetto_, a kind of hawk, implying

that its attack was equally destructive and unforeseen.

[181] Polyænus, ii. 19.

[182] Polyænus, iii. 2; from Thucydides, iii. 34.

[183] _Ibid._ vii. 27, 2.

[184] _Ibid._ iv. 2-4.

[185] Liskenne, _Bibliothèque Historique et Militaire_, iii. 845.

[186] _Memoirs_, ch. xix.

[187] ix. 6, 3.

[188] vi. 22.

[189] vi. 15.

[190] iv. 7, 17.

[191] E. Fournier, _L’Esprit dans l’Histoire_, 145-150.

[192] iii. 10.

[193] Liskenne, v. 233-4.

[194] _Soldier’s Pocket-Book_, 81.

[195] Polyænus, viii. 16, 8. ‘Lege Romanorum jubente hostium

exploratores interficere.’

[196] Livy, xxx. 29. According to Polyænus, he gave them a dinner and

sent them back with instructions to tell what they had seen; viii. 16,

8.

[197] Watson’s _Philip II._ iii. 311.

[198] Liskenne, iii. 840.

[199] Hoffman, _Kriegslist_, 15.

[200] Petitot’s _Mémoires de la France_, xv. 317.

[201] Polyænus, ii. 27.

[202] _Ibid._ v. 1, 4.

[203] _Memoirs_, ch. xix.

[204] Livy, xxxiv. 17.

[205] As at the Brussels Conference, 1874, when such a proposal was

made by the member for Sweden and Norway.

[206] In Pinkerton, xvi. 817.

[207] Turner’s _Nineteen Years in Samoa_, 304.

[208] Schoolcraft’s _Indian Tribes_, iv. 52.

[209] _The Basutos_, 223.

[210] Potter’s _Grecian Antiquities_, ii. 69.

[211] Turner’s _Samoa_, 298.

[212] Ellis’s _Polynesian Researches_, i. 275.

[213] Hutton’s _Voyage to Africa_, 1821, 337.

[214] Colenso and Durnford’s _Zulu War_, 364, 379.

[215] Petitot’s _Mémoires_, xv. 329.

[216] The evidence is collected in _Cetschwayo’s Dutchman_, 99-103.

[217] Henty’s _March to Coomassie_, 443. Compare Reade’s _Ashantee

Campaign_, 241-2.

[218] Florus, ii. 19; iii. 4; Velleius Paterculus, ii. 1.

[219] Florus, ii. 20.

[220] _Ibid._ iii. 7.

[221] Florus, iii. 4; Cæsar, _De Bello Gallico_, ix. 44.

[222] Morley’s _Cobden_, ii. 355.

[223] Sir A. Helps’ _Las Casas_, 29.

[224] T. Morton’s _New England Canaan_, 1637, iii.

[225] Belknap’s _New Hampshire_, i. 262.

[226] Penhallow’s _Indian Wars_, 1826, republished 1859, 31-3.

[227] _Ibid._ 105, 6.

[228] _Ibid._ 103. For further details of this debased military

practice, see Adair’s _History of American Indians_, 245; Kercheval’s

_History of the Valley of Virginia_, 263; Drake’s _Biography and

History of the Indians_, 210, 373; Sullivan’s _History of Maine_, 251.

[229] Kercheval’s _Virginia_, 113.

[230] Eschwege’s _Brazil_, i. 186; Tschudi’s _Reisen durch Südamerika_,

i. 262.

[231] Parkman’s _Expedition against Ohio Indians_, 1764, 117.

[232] Argensola, _Les Isles Molucques_, i. 60.

[233] Drake’s _Biography and History of the Indians_, 489, 490.

[234] R. C. Burton’s _City of the Saints_, 576; Eyre’s _Central

Australia_, i. 175-9.

[235] Borwick’s _Last of the Tasmanians_, 58.

[236] Tschudi’s _Reisen_, ii. 262.

[237] Maccoy’s _Baptist Indian Missions_, 441; Froebel’s _Seven Years

in Central America_, 272; Wallace’s _Travels on the Amazon_, 326.

[238] Bancroft’s _United States_, ii. 383-5; and compare Clarkson’s

_Life of Penn_, chaps. 45 and 46.

[239] Brooke’s _Ten Years in Sarawak_, i. 74.

[240] Captain Hamilton’s _East Indies_, in Pinkerton, viii. 514.

[241] W. H. Russell’s _My Diary in India_, 150.

[242] _Annals of the Propagation of the Faith_, viii. 280-6.

[243] _Caffres and Caffre Missions_, 210.

[244] _Memorials of Henrietta Robertson_, 259, 308, 353.

[245] _Ibid._ 353.

[246] Colenso and Durnford’s _Zulu War_, 215.

[247] Holden’s _History of Natal_, 210, 211.

[248] Moister’s _Africa, Past and Present_, 310, 311.

[249] Tams’s _Visit to Portuguese Possessions_, i. 181, ii. 28, 179.

[250] Robertson’s _America_; Works, vi. 177, 205.

[251] Thomson’s _Great Missionaries_, 30; Halkett’s _Indians of North

America_, 247, 249, 256.

[252] Le Blant, _Inscriptions Chrétiennes_, i. 86.

[253] Bingham, _Christian Antiquities_, i. 486.

[254] Cæsar, _De Bello Gallico_, vi. 14. ‘Druides a bello abesse

consuerunt ... militiæ vacationem habent;’ and Origen, _In Celsum_,

viii. 73, for the Romans.

[255] Vaughan’s _Life of Wycliffe_, ii. 212-3.

[256] Turner’s _England_, iv. 458, from Duchesne, _Gesta Stephani_.

[257] ‘Non filius meus est vel ecclesiæ; ad regis autem voluntatem

redimetur, quia potius Martis quam Christi miles judicatur.’

[258] Turner’s _England_, v. 92.

[259] ‘Sanxit ut nullus in posterum sacerdos in hostem pergeret,

nisi duo vel tres episcopi electione cæterorum propter benedictionem

populique reconciliationem, et cum illis electi sacerdotes qui bene

scirent populis pœnitentias dare, missas celebrare, etc.’ (in _Du

Cange_, ‘Hostis’).

[260] Guicciardini. ‘Prometteva che se i soldati procedevano

virilmente, che non accetterebbe la Mirandola con alcuno patto: ma

lascierebbe in potestà loro il saccheggiarla.’

[261] Monstrelet, i. 9.

[262] Crichton’s _Scandinavia_, i. 170.

[263] _Mémoires du Fleurange._ Petitot, xvi. 253.

[264] See Palmer, _Origines Liturgicæ_, ii. 362-65, for the form of

service.

[265] _Petitot_, xvi. 229.

[266] _Ibid._ 135.

[267] Petitot, viii. 55. ‘Feciono venire per tutto il campo un prete

parato col corpo di Christo, e in luogo di communicarsi ciascuno prese

uno poco di terra, e la si mise in boca.’

[268] Livy, xxxvi. 2.

[269] Robertson, _Charles V._, note 21. Ryan, _History of Effects of

Religion on Mankind_, 124.

[270] M. J, Schmidt, _Histoire des Allemands traduite, etc._, iv. 232,

3.

[271] ‘Christianis licet ex mandato magistratus arma portare et _justa_

bella administrare.’

[272] _Policy of War a True Defence of Peace_, 1543.

[273] _Pallas Armata_, 369, 1683.

[274] In his treatise _Du droit de la guerre_.

[275] _L’Esprit_, i. 562.

[276] _Strafgesetzbuch_, Jan. 20, 1872, 15, 75, 150.

[277] Fleming’s _Volkommene Teutsche Soldat_, 96.

[278] Benet’s _United States Articles of War_, 391.

[279] Grose, ii. 199.

[280] See Turner’s _Pallas Armata_, 349, for these and similar military

tortures.

[281] Crichton’s _Scandinavia_, i. 168.

[282] Grose, ii. 6.

[283] Sir S. Scott’s _History of the British Army_, ii. 436.

[284] ii. 16. ‘Omnes autem signarii vel signiferi quamvis pedites

loricas minores accipiebant, et _galeas ad terrorem hostium ursinis

pellibus tectas_.’

[285] Scott, ii. 9.

[286] Scott, i. 311.

[287] Said to have been invented about 400 B.C. by Dionysius, tyrant of

Syracuse.

[288] Mitchell’s _Biographies of Eminent Soldiers_, 208, 287.

[289] Compare article 14 of the German _Strafgesetzbuch_ of January 20,

1872.

[290] _Nineteenth Century_, November 1882: ‘The Present State of the

Army.’

[291] _De Re Militari_, vi. 5.

[292] Bruce’s _Military Law_ (1717), 254.

[293] See Fleming’s _Teutsche Soldat_, ch. 29.

[294] See the War Articles for 1673, 1749, 1794.

[295] 82.

[296] Quintus Curtius, viii. 2.

[297] _Military Law_, 163.

[298] 286, 290.

[299] _Despatches_, iii. 302, June 17, 1809.

[300] Compare also _Despatches_, iv. 457; v. 583, 704, 5.

[301] _China War_, 225.

[302] Scott’s _British Army_, ii. 411.

[303] _Wellington’s Despatches_, v. 705.

[304] See Windham’s Speech in the House of Commons. April 3, 1806.

[305] _Ibid._

[306] P. 122.

[307] Fleming, 109.

[308] Preface to b. iii. ‘Ergo qui desiderat pacem, præparet bellum.’

[309] Lord Wolseley’s _Soldier’s Pocket Book_, 5.

[310] Arbousset’s _Exploratory Tour_, 397-9.

[311] Livy, xl. 6.

[312] _Iliad_, vi. 266-8; and comp. _Æneid_, ii. 717-20.

[313] Casalis’s _Basutos_, 258.

[314] Victor Hugo’s _L’Ane_, 124.

[315] Baillat’s _Vie de Descartes_, i. 41.

[316] ii. 25, 9, 1. ‘Tanto carnifice detestabiliores quanto pejus est

sine causâ quam ex causâ occidere.’

[317] _Ibid._ 2. ‘Nullum vitæ genus est improbius quam eorum qui sine

causæ respectu mercede conducti militant, et quibus ibi fas ubi plurima

merces.’ Both the sentiment and the expression are borrowed from

Lucan’s _Pharsalia_, x. 408: ‘Nulla fides pietasque viris qui castra

sequuntur Venalesque manus; ibi fas ubi plurima merces.’

[318] 364.

[319] Potter’s _Greek Antiquities_, ii. 9.

[320] Henry’s _Britain_, iii. 5, 1; Grose i. 56.

[321] Grose, i. 58.

[322] _Ibid._, i. 67.

[323] _Parliamentary Debates_, May 24, 1756.

[324] Sir S. Scott’s _British Army_, ii. 333.

[325] N. Bacon’s Notes to _Selden’s Laws_, ii. 60.

[326] _Candide_, c. xx.

[327] Alison’s _Europe_, vi. 491.

[328] _Life of Sir C. Napier_, i. 77.

[329] _Military Law_, 17.

[330] _Keppel’s Life_, by T. Keppel, ii. 1.

[331] _Indian Expedition_, ix.

[332] Livy, 39, 3; 42, 21; 43, 5.

[333] Livy, xlv. 22. ‘Certe quidem vos estis Romani, qui ideo felicia

bella vestra esse, quia justa sint, præ vobis fertis, nec tam exitu

eorum, quod vincatis, quam principiis quod non sine causâ suscipiatis,

gloriamini.’

[334] _De Civitate Dei_, iv. 4 and 6.

[335] _Arbre des Batailles_, quoted in Kennedy’s _Influence of

Christianity on International Law_.

[336] Petitot, xvi. 137.

[337] III. 65. ‘Cavendo ne metuant, homines metuendos ultro se

efficiunt, et injuriam ab nobis repulsam, tamquam aut facere aut pati

necesse sit, injungimus aliis.’

INDEX.

Achæan, curious mode of warfare, 131

Alexander II. of Russia, 3, 10

Armed neutrality, the, 86

Armour, 55, 224

Ashantee battle song, 86

Balloonists in war, 148

Battles, allusions to:

Agincourt, 201, 262

Bouvines, 194

Camperdown, 80

Crecy, 9, 54

Dover, 84

Musselborough, 56

Navarette, 59

Neerwinden, 6

Nicopoli, 56

Nile, 81

Otterbourne, 196

Pavia, 141

Poitiers, 207

Tel-el-Kebir, 253

Bearskin hats, 223, 224

Becon, Thomas, on military service in the sixteenth century, 208

Bishops in war, 35, 52-3, 193-8, 261

Blinding of prisoners, 42-3

Blockade, effective, 92

Bloodhounds used in war, 171-2

Bombardment, theory and practice of, 12, 15, 17, 106, 116

Bounties for scalps, 156

Brigand, meaning of, 57

Britons, love for military life, 156

Brussels Conference on laws of war, 10, 94, 95, 105, 123, 130,

141-6-7-8, 158

Bullinger, limits to right of military service, 208, 263

Cannons, 5

Cannon-shot oath, 130

Capitulations, 100-1

Chain-shot, 6

Chivalry, age of, 32

Church, influence of, on war, 52, 185-193, 204-16, 252

Churches, destruction of, 48

Church parade, 219

Cities, fate of, in war:

Amiens, surprise of, 148

Badajoz, storming of, 27

Barcelona, siege of, 138

Brescia, storming of, 103

Calais, siege of, 44

Constantine, storming of, 27

Copenhagen, bombardment of, 15, 268

Dinant, storming of, 102

Gaza, storming of, 107

Grammont, massacre at, 35

Gravelines, massacre at, 36

Haarlem, siege of, 97

Liège, storming of, 102

Limoges, massacre at, 37

Londonderry, siege of, 197-8

Magdeburg, massacre at, 27, 112

Malta, siege of, 97

Meaux, surrender of, 45, 101

Mirandola, siege of, 197

Oudenarde, siege of, 47

Pekin, English at, 237

Persepolis, burning of, 108

Poitiers, massacre at, 34

Rome, sack of, 103

Rouen, surrender of, 47, 101

San Sebastian, storming of, 28

Strasburg, bombardment of 15, 17, 106

Terouanne, destruction of, 137

Thebes, sack of, 103

Toledo, siege of, 42

Tyre, siege of, 108

Ulm, surprise of, 149

Washington, English in, 16

Conference stratagem, 136

Conscription, the, 242-8

Consecration of banners, 201

Contraband, 88

Contributions, military, 20, 118

Costume, military, 222-3

Crossbow, 4, 133

Cruelty and courage, 110

Custom of war, character of, 186, 210

Decimation, story of, 222

Declaration of Paris, 73, 78, 86-9

Declaration of St. Petersburg, 2, 3, 81

Declaration of war, 19, 198

Desertion, 230-1

Discipline, 7, 218, 234, 236

Dress, philosophy of military, 229

Duty, 74, 121, 264

Embargoes, 89

Explosive bullets, 1-2, 81

False flag, stratagem of the, 128-130

False information in war, 152

Fecials, Roman, 271

Firearms, feeling against, 5, 226

Fireships, 84-5

Flogging, 234-5

Forged despatches, 151

Free Companies, 60, 260

Free ships, free goods, 87

Fruit-trees, 16, 17, 47, 161

Germans, the, in war, 40, 106, 115-9

Greek fire, 83-4

Grenadiers, 223

Hanging in war, 44-7

Honour, variable notions of, 155-6, 267

Hostages, taking of, revived, 117

Innocent III., 206

Invention of the bayonet, 6

Jomini, Baron, President of Brussels Conference, 95

Julius II., story of, 196

Jus Angariæ, 90

Justice in war, 208, 258-9, 271, 273-80

Khonds, theory of war, 203

Kidnapping soldiers in Germany, 241

Kissing the earth, custom of, 201

Lateran Council, Third, 4

Laws of war among savages, 159

Lent, observation of, in war, 51, 205

Leo the Great, 204

Letters of marque, 74, 78

Letters, military contempt for, 156

Limoges, Council of, 203

Loha Pennu, an Indian war-god, 203

Macedonian warfare, 133

Magic, use of, in war, 199

Malingering, 231-4

Marriage, restrictions on, 218-9

Mercenary service, 260-3

Military cant, 21, 105-6, 118, 163

-- vandalism, 16, 48, 163, 237

Missionaries, 176-182

-- failure of, 177

-- legal control of, 181

Missionaries, Norwegian, in Zululand, 179

Mission stations destroyed, 180

Mozley, Canon, on war, 212

Musket, 5, 133

Mutiny Act, first, 265

Names of weapons, 200

Neutral ships and property, 86

Night attacks, 133

Numbers slain in war, 8-10

Oath, military, 264-5

Oath by cannon-shot, 130

Ophthalmia, artificial, 233

Palatinate, devastation of the, 17, 267

Pay, soldiers’, 239, 261

Perfidy, cases of, 135

Perjury, cases of, 139

Perpetual peace, Von Moltke on, 119

Piracy, 67-70, 255

Plunder of property at sea, 67-70

Plunder of property on land, 61-3, 66, 118

Poison, use of, in war, 13, 14, 172-3

Poisoning the air, 49

Poisoning water, 14, 29

Press, influence of, in war, 112, 177, 182, 253

Prisoners, treatment of, 17, 18, 40, 85, 99, 113

Prisoners, beheaded, 97, 106

-- blinded, 43

-- burnt, 103, 111

-- drowned, 101-2-6

-- hung, 46, 101-3

-- maimed, 43, 103

-- massacred, 41, 111

-- tortured, 194

Privateering, 70-9

-- Lord Nelson on, 77

Prizes and prize-money, 70

Prize Court, 76

Punishments, military, 221-6

Purificatory battle rites, 250

Pursers on privateers, 76

Recruiting, difficulty of, 240

-- former system of, in France and Germany, 241

Red, the military colour, 223

Red-hot shot, 5, 83

Reprisals, 93-118

-- savage German, 117-8

Right of search, 88

Right of wreck, 89

Roman warfare, 114, 132, 271-2

Sacred buildings in war, 16, 48-9

Sea battles, 80, 83

Scalping enemies, 170

Sentry-go, 229

Slavery, influence of its cessation on war, 112

Socialism, chief cause of, 245-8

Soldiers of mark:

Alaric, 204

Alexander the Great, 107-10, 133

Barbarossa, 100

Bayard, 6, 57, 149, 151, 165, 201, 226, 273

Bertrand du Guesclin, 40-1, 44

Black Prince, the, 37, 59

Blücher, 16, 17

Cæsar, 98, 156, 169, 272

Catinat, 145

Chandos, Sir John, 55

Charles of Anjou, 100

Charles the Bold, 111

Charles XII. of Sweden, 133, 226

Crillon, 22, 73, 243

Custine, 145

David, king of the Jews, 111, 251

David I. of Scotland, 111

Des Adretz, 111

Edward I., 106

Edward III., 44

Eugene, Prince, 149

Feuquières, 97, 138, 149

Francis I., 140

Francis de Vere, 104

Frederick the Great, 16, 142

Genseric, 205

Godfrey de Bouillon, 100

Gustavus Adolphus, 19-20, 22, 221

Henri Quatre, 30

Henry V., 101

Keppel, Admiral, 270

Manny, Sir Walter, 44, 57

Maurice, Prince, 150

Montluc, 107, 121, 133, 137, 145, 156

Moltke, 119

Orange, Prince of, 152

Parma, Prince of, 146

Pélissier, 165

Peterborough, Lord, 138

Pyrrhus, 157

Richard I., 111, 195

Saxe, Marshal, 226

Scipio, 146

Sertorius, 143, 145

Sully, 30

Suwarrow, 238

Wellington, Duke of, 20, 236

Wolseley, Lord, 143-4, 151, 244

Xerxes, 47, 99, 146

Spaniards in war, 40, 42, 97, 167-9, 200

Spies, 141-8

Vattel on, 141

Frederick the Great on, 142

Lord Wolseley on, 143-4

Storming cities, 27, 238

Surprises, 148-9

Surrender at discretion, 45, 100, 123

Ternate, island of, 131

Torpedoes, first use of, 5

-- introduced into European warfare, 85

Treatise on Tactics by Leo VI., 83

Truce of God, 205

War, real character of, 27, 186, 210

Wars, abolition of private, 205, 227

Weapons, 50

Women, imprisoned in war, 38

Women and children, slaughter of, 23, 33-8, 117

Women as soldiers, 242

Writers, &c.:

Arrian, 109

Bluntschli, 127

Bynkershoeck, 14, 127

Cicero, 114, 126

Descartes, 254

Dobritzhoffer, 160

Emerigon, 73

Erasmus, 186, 244

Froissart, 23

Frontinus, 134

Grotius, 14, 17, 23, 126, 187, 256, 258, 273

Hallam, 32, 50

Hautefeuille, 67

Kant, 23, 30

Las Casas, 167

Molloy, 77

Origen, 190

Palmerston, Lord, 227

Penn, 173

Polyænus, 135

Quintus Curtius, 109

St. Pierre, Abbé, 30

Sepulveda, 167

Tertullian, 189

Turner, Sir James, 259

Valin, 73

Vattel, 14, 18, 21, 73, 104-5, 139, 141, 266

Vauban, 15

Victor Hugo, 252

Voltaire, 210, 267-8

Whewell, 67

Wycliffe, 193

Zwingli, 263

_Spottiswoode & Co., Printers, New-street Square, London._

Transcriber's notes:

The following is a list of changes made to the original.

The first line is the original line, the second the corrected one.

Page 11, footnote:

like England should have been heard an inquiry of which

like England should have been heard at an inquiry of which

Page 78:

which abolished privateering beween the signatory Powers,

which abolished privateering between the signatory Powers,

Page 244:

such an expositon as the following of the relation between

such an exposition as the following of the relation between

End of Project Gutenberg's Military Manners and Customs, by James Anson Farrer

Military Manners and Customs · 第 9 / 9 章