CHAPTER I

THE WAR BOOK OF THE

GERMAN GENERAL STAFF

THE WAR BOOK OF THE

GERMAN GENERAL STAFF

BEING “THE USAGES OF WAR ON LAND”

ISSUED BY THE GREAT GENERAL

STAFF OF THE GERMAN ARMY

TRANSLATED WITH A CRITICAL INTRODUCTION

BY

J. H. MORGAN, M.A.

PROFESSOR OF CONSTITUTIONAL LAW AT UNIVERSITY

COLLEGE, LONDON, LATE SCHOLAR OF BALLIOL

COLLEGE, OXFORD; JOINT AUTHOR OF

“WAR: ITS CONDUCT AND ITS

LEGAL RESULTS”

NEW YORK

McBRIDE, NAST & COMPANY

1915

Copyright, 1915, by

MCBRIDE, NAST & CO.

Published March, 1915

TO

THE LORD FITZMAURICE

IN TOKEN OF

FOURTEEN YEARS OF FRIENDSHIP

AND OF

MUCH WISE COUNSEL IN THE STUDY

OF FOREIGN AFFAIRS

PREFATORY NOTE

The text of this book is a literal and integral translation of the

_Kriegsbrauch im Landkriege_ issued and re-issued by the German

General Staff for the instruction of German officers. It is the most

authoritative work of its kind in Germany and takes precedence over

all other publications whether military or legal, alike over the works

of Bernhardi the soldier and of Holtzendorff the jurist. As will be

shown in detail in the critical introduction, The Hague Conventions are

treated by the authors as little more than “scraps of paper”--the only

“laws” recognized by the German Staff are the military usages laid down

in the pages of the Manual, and resting upon “a calculating egotism”

and injudicious “form of reprisals.”

I have treated the original text with religious respect, seeking

neither to extenuate nor to set down aught in malice. The text is by

no means elegant, but, having regard to the profound significance of

the views therein expressed or suggested, I have thought it my duty

as a translator to sacrifice grace to fidelity. Text, footnotes, and

capital headlines are all literally translated in their entirety. When

I have added footnotes of my own they are enclosed in square brackets.

The marginal notes have been added in order to supply the reader with

a continuous clue. In the Critical Introduction which precedes the

text I have attempted to show the intellectual pedigree of the book as

the true child of the Prussian military tradition, and to exhibit its

degrees of affinity with German morals and with German policy--with

“Politik” and “Kultur.” I have therefore attempted a short study of

German diplomacy, politics, and academic teaching since 1870, with

some side glances at the writings of German soldiers and jurists. All

these, it must be remembered, are integrally related; they all envisage

the same problem. That problem is War. In the German imagination the

Temple of Janus is never closed. Peace is but a suspension of the

state of war instead of war being a rude interruption of a state of

peace. The temperament of the German is saturated with this belligerent

emotion and every one who is not with him is against him. An unbroken

chain links together Clausewitz, Bismarck, Treitschke, von der Goltz,

Bernhardi, and the official exponents of German policy to-day. The

teaching of Clausewitz that war is a continuation of policy has sunk

deeply into the German mind, with the result that their conception of

foreign policy is to provoke a constant apprehension of war.

The first part of the Introduction appears in print for the first time.

In the second and third parts I have incorporated a short essay on

Treitschke which has appeared in the pages of the _Nineteenth Century_

(in October last), a criticism of German diplomacy and politics which

was originally contributed to the _Spectator_ in 1906 and a study of

the German professors which was published, under the title of “The

Academic Garrison,” in the _Times_ Supplement of Sept. 1st, 1914. I

desire to thank the respective Editors for their kindness in allowing

me to reproduce here what I had already written there.

J. H. M.

CONTENTS

PAGE

DEDICATION v

PREFATORY NOTE vii

INTRODUCTION--

I THE GERMAN VIEW OF WAR 1

II GERMAN DIPLOMACY AND STATECRAFT 16

III GERMAN CULTURE: THE ACADEMIC GARRISON 44

IV GERMAN THOUGHT: TREITSCHKE 53

V CONCLUSION 65

CONTENTS OF THE WAR BOOK OF THE GERMAN GENERAL STAFF--

INTRODUCTION 67

PART I

USAGES OF WAR AS REGARDS THE ENEMY’S ARMY

I WHO BELONGS TO THE HOSTILE ARMY 75

Regular Army--Irregular Troops--People’s Wars and National

Wars.

II THE MEANS OF CONDUCTING WAR 84

A.--MEANS OF WAR DEPENDING ON FORCE 85

1. Annihilation, slaughter, and wounding of hostile

combatants.

2. Capture of Enemy combatants:

Modern conception of war captivity--Who is subject

to it?--Point of view for treatment of prisoners of

war--Right to put prisoners to death--Termination

of the captivity--Transport of Prisoners.

3. Sieges and Bombardments:

(_a_) Fortresses, strong places and fortified

places. Notification of bombardment--Scope of

bombardment--Treatment of civil population within

an enemy’s fortress--Diplomatists of neutral

States within a besieged fortress--Treatment of

the fortress after storming it. (_b_) Open towns,

villages, buildings and the like, which, however,

are occupied or used for military purposes.

B.--METHODS NOT INVOLVING THE USE OF FORCE 110

Cunning and deceit--Lawful and unlawful stratagem.

III TREATMENT OF WOUNDED AND SICK SOLDIERS 115

Modern view of non-effective combatants--Geneva

Convention--Hyenas of the battlefield.

IV INTERCOURSE BETWEEN BELLIGERENT ARMIES 117

Bearers of flags of truce--Treatment of them--Forms

as to their reception.

V SCOUTS AND SPIES 124

The notion of a spy--Treatment.

VI DESERTERS AND RENEGADES 127

VII CIVILIANS IN THE TRAIN OF AN ARMY 128

General--Authorizations--The representatives of the

Press.

VIII THE EXTERNAL MARK OF INVIOLABILITY 133

IX WAR TREATIES 135

A.--TREATIES OF EXCHANGE 135

B.--TREATIES OF CAPITULATION 136

C.--SAFE-CONDUCTS 140

D.--TREATIES OF ARMISTICE 141

PART II

USAGES OF WAR IN REGARD TO ENEMY TERRITORY AND ITS INHABITANTS

I RIGHTS AND DUTIES OF THE INHABITANTS 147

General Notions--Rights--Duties--Hostages--Jurisdiction

in enemy’s provinces when occupied--War rebellion and War

treason.

II PRIVATE PROPERTY IN WAR 161

III BOOTY AND PLUNDERING 167

Real and Personal State Property--Real and Personal

Private Property.

IV REQUISITIONS AND WAR LEVIES 174

V ADMINISTRATION OF OCCUPIED TERRITORY 180

General--Legislation--Relation of inhabitants to the

Provisional Government--Courts--Officials--Administration--

Railways.

PART III

USAGES OF WAR AS REGARDS NEUTRAL STATES 187

Idea of neutrality--Duties of neutral States--Contraband

of war--Rights of neutral States.

CONTENTS

OF EDITOR’S MARGINAL COMMENTARY

PAGE

What is a State of War 67

Active Persons and Passive 67

That War is no respector of Persons 68

The Usages of War 69

Of the futility of Written Agreements as Scraps of Paper 70

The “flabby emotion” of Humanitarianism 71

That Cruelty is often “the truest humanity” 72

The perfect Officer 72

Who are Combatants and who are not 75

The Irregular 76

Each State must decide for itself 77

The necessity of Authorization 77

Exceptions which prove the rule 77

The Free Lance 78

Modern views 79

The German Military View 80

The _Levée en masse_ 81

The Hague Regulations will not do 83

A short way with the Defender of his Country 83

Violence and Cunning 84

How to make an end of the Enemy 85

The Rules of the Game 85

Colored Troops are Blacklegs 87

Prisoners of War 88

_Væ Victis!_ 89

The Modern View 89

Prisoners of War are to be Honorably treated 90

Who may be made Prisoners 91

The treatment of Prisoners of War 92

Their confinement 92

The Prisoner and his Taskmaster 93

Flight 94

Diet 95

Letters 95

Personal belongings 95

The Information Bureau 96

When Prisoners may be put to Death 97

“Reprisals” 97

One must not be too scrupulous 98

The end of Captivity 99

Parole 100

Exchange of Prisoners 102

Removal of Prisoners 102

Sieges and Bombardments: Fair Game 103

Of making the most of one’s opportunity 104

Spare the Churches 105

A Bombardment is no Respector of Persons 105

A timely severity 106

“Undefended Places” 108

Stratagems 110

What are “dirty tricks”? 111

The apophthegm of Frederick the Great 111

Of False Uniforms 112

The Corruption of others may be useful 113

And Murder is one of the Fine Arts 114

That the ugly is often expedient, and that it is a mistake to

be too “nice-minded” 114

The Sanctity of the Geneva Convention 115

The “Hyenas of the Battlefield” 116

Flags of Truce 117

The Etiquette of Flags of Truce 119

The Envoy 120

His approach 120

The Challenge--“Wer da?” 120

His reception 120

He dismounts 121

Let his Yea be Yea, and his Nay, Nay 121

The duty of his Interlocutor 121

The Impatient Envoy 122

The French again 122

The Scout 124

The Spy and his short shrift 124

What is a Spy? 125

Of the essentials of Espionage 126

Accessories are Principals 126

The Deserter is faithless, and the Renegade false 127

But both may be useful 127

“Followers” 128

The War Correspondent: his importance. His presence is desirable 129

The ideal War Correspondent 130

The Etiquette of the War Correspondent 131

How to tell a Non-Combatant 133

War Treaties 135

That Faith must be kept even with an enemy 135

Exchange of Prisoners 135

Capitulations--they cannot be too meticulous 136

Of the White Flag 139

Of Safe-Conducts 140

Of Armistice 141

The Civil Population is not to be regarded as an enemy 147

They must not be molested 148

Their duty 149

Of the humanity of the Germans and the barbarity of the French 149

What the Invader may do 151

A man may be compelled to Betray his Country 153

And worse 153

Of forced labor 154

Of a certain harsh measure and its justification 154

Hostages 155

A “harsh and cruel” measure 156

But it was “successful” 156

War Rebellion 157

War Treason and Unwilling Guides 159

Another deplorable necessity 159

Of Private Property and its immunities 161

Of German behavior 163

The gentle Hun and the looking-glass 165

Booty 167

The State realty may be used but must not be wasted 168

State Personalty is at the mercy of the victor 169

Private realty 170

Private personalty 170

“Choses in action” 171

Plundering is wicked 171

Requisitions 174

How the docile German learnt the “better way” 175

To exhaust the country is deplorable, but we mean to do it 175

Buccaneering levies 177

How to administer an invaded country 180

The Laws remain--with qualification 181

The Inhabitants must obey 182

Martial Law 182

Fiscal Policy 184

Occupation must be real, not fictitious 185

What neutrality means 187

A neutral cannot be all things to all men; therefore he must be

nothing to any of them 187

But there are limits to this detachment 188

Duties of the neutral--belligerents must be warned off 188

The neutral must guard its inviolable frontiers. It must intern

the trespassers 189

Unneutral service 191

The “sinews of war”--loans to belligerents 191

Contraband of War 191

Good business 192

Foodstuffs 192

Contraband on a small scale 193

And on a large scale 194

The practise differs 194

Who may pass--the Sick and the Wounded 195

Who may not pass--Prisoners of War 196

Rights of the neutral 196

The neutral has the right to be left alone 197

Neutral territory is sacred 197

The neutral may resist a violation of its territory “with all

the means in his power” 197

Neutrality is presumed 198

The Property of Neutrals 198

Diplomatic intercourse 199

THE WAR BOOK OF THE

GERMAN GENERAL STAFF

INTRODUCTION

CHAPTER I

THE GERMAN VIEW OF WAR

The ideal Prince, so Machiavelli has told us, need not, and indeed

should not, possess virtuous qualities, but he should always contrive

to appear to possess them.[1] The somber Florentine has been studied in

Germany as he has been studied nowhere else and a double portion of his

spirit has descended on the authors of this book. Herein the perfect

officer, like the perfect Prince, is taught that it is more important

to be thought humane than to practise humanity; the former may probably

be useful but the latter is certainly inconvenient.

Hence the peculiar logic of this book which consists for the most part

in ostentatiously laying down unimpeachable rules and then quietly

destroying them by debilitating exceptions. The civil population of

an invaded country--the young officer is reminded on one page--is to

be left undisturbed in mind, body, and estate, their honor is to

be inviolate, their lives protected, and their property secure. To

compel them to assist the enemy is brutal, to make them betray their

own country is inhuman. Such is the general proposition. Yet a little

while and the Manual descends to particulars. Can the officer compel

the peaceful inhabitants to give information about the strength and

disposition of his country’s forces?[2] Yes, answers the German War

Book, it is doubtless regrettable but it is often necessary. Should

they be exposed to the fire of their own troops?[3] Yes; it may be

indefensible, but its “main justification” is that it is “successful.”

Should the tribute of supplies levied upon them be proportioned to

their ability to pay it?[4] No; “this is all very well in theory but

it would rarely be observed in practise.” Should the forced labor of

the inhabitants be limited to works which are not designed to injure

their own country?[5] No; this is an absurd distinction and impossible.

Should prisoners of war be put to death? It is always “ugly” but it is

sometimes expedient. May one hire an assassin, or corrupt a citizen, or

incite an incendiary? Certainly; it may not be reputable (_anständig_),

and honor may fight shy of it, but the law of war is less “touchy”

(_empfindlich_). Should the women and children--the old and the

feeble--be allowed to depart before a bombardment begins? On the

contrary; their presence is greatly to be desired (_ein Vortheil_)--it

makes the bombardment all the more effective. Should the civil

population of a small and defenseless country be entitled to claim the

right, provided they carry their arms openly and use them honorably,

to defend their native land from the invader?[6] No; they act at their

peril and must, however sudden and wanton the invasion, elaborate an

organization or they will receive no quarter.[7]

We might multiply examples. But these are sufficient. It will be

obvious that the German Staff are nothing if not casuists. In their

brutality they are the true descendants of Clausewitz, the father of

Prussian military tradition.

“Laws of war are self-imposed restrictions, almost imperceptible

and hardly worth mentioning, termed ‘usages of war.’ Now

philanthropists may easily imagine that there is a skilful method

of disarming and overcoming an enemy without causing great

bloodshed, and that this is the proper tendency of the art of war.

However plausible this may appear, still it is an error which must

be extirpated, for in such dangerous things as war the errors

which proceed from the spirit of benevolence are the worst....

To introduce into the philosophy of war itself a principle of

moderation would be an absurdity.... War is an act of violence

which in its application knows no bounds.”[8]

The only difference between Clausewitz and his lineal successors is not

that they are less brutal but that they are more disingenuous. When he

comes to discuss that form of living on the country which is dignified

by the name of requisitions, he roundly says they should be enforced.

“by the fear of responsibility, punishment, and ill-treatment

which in such cases presses like a general weight on the whole

population.... This resource has no limits except those of

the exhaustion, impoverishment, and devastation of the whole

country.”[9]

Our War Book is more discreet but not more merciful. Private property,

it begins by saying, should always be respected. To take a man’s

property when he is present is robbery; when he is absent it is

“downright burglary.” But if the “necessity of war” makes it advisable,

“every sequestration, every appropriation, temporary or permanent,

every use, every injury and all destruction are permissible.”

It is, indeed, unfortunate that the War Book when it inculcates

“frightfulness” is never obscure, and that when it advises forbearance

it is always ambiguous. The reader must bear in mind that the authors,

in common with their kind in Germany, always enforce a distinction

between _Kriegsmanier_ and _Kriegsraison_,[10] between theory and

practise, between the rule and the exception. That in extreme cases

such distinctions may be necessary is true; the melancholy thing is

that German writers make a system and indeed a virtue of them. In this

respect the jurists are not appreciably superior to their soldiers.

Brutality is bad, but a pedantic brutality is worse in proportion as it

is more reflective. Holtzendorff’s _Handbuch des Völkerrechts_, than

which there is no more authoritative book in the legal literature of

Germany, after pages of sanctification of “the natural right” to defend

one’s fatherland against invasion by a _levée en masse_, terminates

the argument for a generous recognition of the combatant status of the

enemy with the melancholy qualification, “unless _the Terrorism so

often necessary in war_ does not demand the contrary.”[11]

To “terrorize” the civil population of the enemy is, indeed, a first

principle with German writers on the Art of War. Let the reader

ponder carefully on the sinister sentence in the third paragraph of

the War Book and the illuminating footnote from Moltke with which it

is supported. The doctrine--which is at the foundation of all such

progress as has been made by international law in regularizing and

humanizing the conduct of war--that the sole object of it should be

to disable the armed forces of the enemy, finds no countenance here.

No, say the German staff, we must seek just as much (_in gleicher

Weise_) to smash (_zerstören_) the total “intellectual” (_geistig_),

and material resources of the enemy. It is no exaggeration to interpret

this as a counsel not merely to destroy the body of a nation, but to

ruin its soul. The “Geist” of a people means in German its very spirit

and finer essence. It means a good deal more than intellect and but a

little less than religion. The “Geist” of a nation is “the partnership

in all science, the partnership in all art, the partnership in every

virtue, and in all perfection,” which Burke defined as the true

conception of the State. Hence it may be no accident but policy which

has caused the Germans in Belgium to stable their horses in churches,

to destroy municipal palaces, to defile the hearth, and bombard

cathedrals. All this is scientifically calculated “to smash the total

spiritual resources” of a people, to humiliate them, to stupefy them,

in a word to break their “spirit.”

Let the reader also study carefully a dark sentence in that section of

the War Book which deals with “Cunning and Deceit.” There the German

officer is instructed that “there is nothing in international law

against” (_steht völkerrechtlich nichts entgegen_) the exploitation

of the crimes of third persons, “such as assassination, incendiarism,

robbery and the like,” to the disadvantage of the enemy. “There is

nothing in international law against it!” No, indeed. There are many

things upon which international law is silent for the simple reason

that it refuses to contemplate their possibility. It assumes that

it is dealing not with brutes but with men. International law is

the etiquette of international society, and society, as it has been

gravely said, is conducted on the assumption that murder will not be

committed. We do not carry revolvers in our pockets when we enter our

clubs, or finger them when we shake hands with a stranger. Nor, to

adopt a very homely illustration, does any hostess think it necessary

to put up a notice in her drawing-room that guests are not allowed to

spit upon the floor. But what should we think of a man who committed

this disgusting offense, and then pleaded that there was nothing to

show that the hostess had forbidden it? Human society, like political

society, advances in proportion as it rests on voluntary morality

rather than positive law. In primitive society everything is “taboo,”

because the only thing that will restrain the undisciplined passions

of men is fear. Can it be that this is why the traveler in Germany

finds everything “verboten,” and that things which in our own country

are left to the good sense and good breeding of the citizen have to

be officiously forbidden? Can it be that this people which is always

making an ostentatious parade of its “culture” is still red in tooth

and claw? When a man boasts his breeding we instinctively suspect

it; indeed the boast is itself ill-bred. If the reader thinks these

reflections uncharitable, let him ponder on the treatment of Belgium.

It will be seen therefore that the writers of the War Book have taken

to heart the cynical maxim of Machiavelli that “a Prince should

understand how to use well both the man and the beast.” We shall have

occasion to observe later in this introduction that the same maxim

runs like Ariadne’s thread through the labyrinth of German diplomacy.

Machiavelli’s dark counsel finds a responsive echo in Bismarck’s

cynical declaration that a diplomatic pretext can always be found

for a war when you want one. When these things are borne in mind the

reader will be able to understand how it is that the nation which has

used the strongest language[12] about the eternal inviolability of the

neutrality of Belgium should be the first to violate it.

The reader may ask, What of the Hague Conventions? They are

international agreements, to which Germany was a party, representing

the fruition of years of patient endeavor to ameliorate the horrors of

war. If they have any defect it is not that they go too far but that

they do not go far enough. But of them and the humanitarian movement

of which they are the expression, the German Staff has but a very poor

opinion. They are for it the crest of a wave of “Sentimentalism and

flabby emotion.” (_Sentimentalität und weichlicher Gefühlsschwärmerei._)

Such movements, our authors declare, are “in fundamental contradiction

with the nature and object of war itself.” They are rarely mentioned

in this book and never respectfully. The reader will look in vain

for such an incorporation of the Hague Regulations in this official

text-book as has been made by the English War Office in our own

_Manual of Military Law_. Nor is the reason far to seek. The German

Government has never viewed with favor attempts to codify the laws

and usages of war. Amiable sentiments, prolegomenous resolutions,

protestations of “culture” and “humanity,” she has welcomed with

evangelical fervor. But the moment attempts are made to subject

these volatile sentiments to pressure and liquefy them in the form

of an agreement, she has protested that to particularize would be

to “enfeeble humane and civilizing thoughts.”[13] Nothing is more

illuminating as to the respective attitudes of Germany and England to

such international agreements than the discussions which took place

at the Hague Conference of 1907 on the desirability of imposing in

express terms restrictions upon the laying of submarine mines in order

to protect innocent shipping in neutral waters. The representatives of

the two Powers agreed in admitting that it did not follow that because

the Convention had not prohibited a certain act it thereby sanctioned

it. But whereas the English representatives regarded this as a reason

why the Convention could never be too explicit,[14] the spokesman

of Germany urged it as a reason why it could never be too ambiguous.

In the view of the latter, not international law but “conscience,

good sense, and the sentiment of duties imposed by the principles

of humanity will be the surest guides for the conduct of soldiers

and sailors and the most efficacious guarantees against abuse.”[15]

Conscience, “the good German Conscience,” as a German newspaper has

recently called it, is, as we have seen, an accommodating monitor,

and in that forum there are only too many special pleaders. If the

German conscience is to be the sole judge of the lawfulness of German

practises, then it is a clear case of “the right arm strikes and

the left arm is called upon to decide the lawfulness of the blow.”

It is, indeed, difficult to see, if Baron von Bieberstein’s view of

international agreements be the right one, why there should be any such

agreements at all. The only rule which results from such an Economy of

Truth would be: All things are lawful but all are not expedient. And

such, indeed, is the conclusion of the German War Book.

The cynicism of this book is not more remarkable than its affectation.

There are pages in it of the most admirable sentiment--witness

those about the turpitude of plundering and the inviolability of

neutral territory. Taken by themselves, they form the most scathing

denunciation of the conduct of the German army in Belgium that could

well be conceived. Let the reader weigh carefully the following:

Movable private property which in earlier times was the

incontestable booty of the victor is held by modern opinion to be

inviolable. The carrying away of gold, watches, rings, trinkets, or

other objects of value is therefore to be regarded as robbery, and

correspondingly punishable.

No plundering but downright burglary is it for a man to take away

things out of an unoccupied house or at a time when the occupant

happens to be absent.

Forced contributions (_Kriegschatzungen_) are denounced as “a form of

plundering” rarely, if ever, to be justified, as requisitions may be,

by the plea of necessity. The victor has no right, the Book adds, to

practise them in order to recoup himself for the cost of the war, or

to subsidize an operation against the nation whose territory is in his

occupation. To extort them as a ransom from the violence of war is

equally unjustifiable: thus out of its own mouth is the German staff

condemned and its “buccaneering levies” upon the forlorn inhabitants of

Belgium held up to reprobation.

Still more significant are the remarks on the right and duty of

neutrals. The inviolability of neutral territory and the sanctity of

the Geneva Convention are the only two principles of international law

which the German War Book admits to be laws of perfect obligation. A

neutral State, it declares, not only may, but must forbid the passage

of troops to the subjects of both belligerents. If either attempts it,

the neutral State has the right to resist “with all the means in its

power.” However overwhelming the necessity, no belligerent must succumb

to the temptation to trespass upon the neutral territory. If this be

true of a neutral State it is doubly true of a neutralized State. No

one has been so emphatic on this point as the German jurists whose

words the War Book is so fond of praying in aid. The Treaty of London

guaranteeing the neutrality of Belgium is declared by them to be “a

landmark of progress in the formation of a European polity” and “up

till now no Power has dared to violate a guarantee of this kind.”[16]

“He who injures a right does injury to the cause of right itself,

and in these guarantees lies the express obligation to prevent such

things.... Nothing could make the situation of Europe more insecure

than an egotistical repudiation by the great States of these duties

of international fellowship.”[17]

The reader will, perhaps, hardly need to be cautioned against the

belligerent footnotes with which the General Staff has illuminated

the text. They are, as he will observe, mainly directed towards

illustrating the peculiar depravity of the French in 1870. They

are certainly suspect, and all the more so, because the notorious

malpractices of the Germans in that campaign are dismissed, where they

are noticed at all, with the airy remark that there were peculiar

circumstances, or that they were unauthorized, or that the “necessity

of war” afforded sufficient justification. All this is _ex parte_. So

too, to a large extent, is the parade of professors in the footnotes.

They are almost always German professors and, as we shall see later,

the German professor is, and is compelled to be, a docile instrument of

the State.

The book has, of course, a permanent value apart from the light it

throws upon contemporary issues. Some of the chapters, such as that

on the right and duties of neutrals, represent a carefully considered

theory, little tainted by the cynicism which disfigures the rest of the

book. It should be of great interest and value to those of us who are

engaged in studying the problem of bringing economic pressure to bear

upon Germany, by enclosing her in the meshes of conditional contraband.

So, too, the chapter on the treatment of Prisoners of War will have

a special, and for some a poignant, interest just now. The chapter

on the treatment of occupied territory is, of course, of profound

significance in view of the present state of Belgium.

CHAPTER II

GERMAN DIPLOMACY AND STATECRAFT

Bismarck, wrote Hohenlohe, who ultimately succeeded him as Imperial

Chancellor, “handles everything with a certain arrogance (_Uebermut_),

and this gives him a considerable advantage in dealing with the timid

minds of the older European diplomacy.” This native arrogance became

accentuated after the triumphs of 1870 until, in Hohenlohe’s words,

Bismarck became “the terror” of all European diplomatists. That word

is the clue to German diplomacy. The terrorism which the Germans

practise in war they indoctrinate in peace. It was a favorite saying

of Clausewitz, whose military writings enjoy an almost apostolic

authority in Germany, that War and Peace are but a continuation of one

another--“War is nothing but a continuation of political intercourse

with a mixture of other means.”[18] The same lesson is written large

on every page of von der Goltz[19] and Bernhardi.[20] In other words,

war projects its dark shadow over the whole of German diplomacy. The

dominant postures in “shining armor” at critical moments in the peace

of Europe, and the menacing invocations of the “mailed fist” are not,

as is commonly supposed, a passionate idiosyncrasy of the present

Emperor. They are a legacy of the Bismarckian tradition. To keep Europe

in a perpetual state of nervous apprehension by somber hints of war

was, as we shall see, the favorite method by which Bismarck attained

his diplomatic ends. For the German Chancellerie rumors of wars are

of only less political efficacy than wars themselves. After 1870,

metaphors of war became part of the normal vocabulary of the German

Government in times of peace. Not only so but, as will be seen in the

two succeeding chapters, a belligerent emotion suffused the temperament

of the whole German people, and alike in the State Universities, and

the stipendiary Press, there was developed a cult of War for its own

sake. The very vocabulary of the Kaiser’s speeches has been coined in

the lecture-rooms of Berlin University.

Now War is at best but a negative conception and its adoption as the

_Credo_ of German thinkers since 1870 explains why their contributions

to Political Science have been so sterile. More than that, it accounts

for the decline in public morality. Politically, Germany, as we

shall see, has remained absolutely stagnant. She is now no nearer

self-government than she was in 1870; she is much farther removed from

it than she was in 1848. The inevitable result has been, that politics

have for her come to mean little more than intrigues in high places,

the deadly struggle of one contending faction at court against another,

with the peace of Europe as pawns in the game. The German Empire, like

the Prussian kingdom, has little more than a paper constitution, a

_lex imperfecta_ as Gneist called it. The Reichstag has little power

and less prestige, and its authority as a representative assembly has

been so enervated by the shock tactics practised by the Government

in forcing, or threatening to force, a series of dissolutions to

punish contumacious behavior, that it is little better than a debating

society. A vote of censure on the Government has absolutely no

effect. Of the two powers, the Army and the Reichstag, the Army is

infinitely the stronger; there is no law such as our Army Annual Act

which subjects it to Parliamentary control. Even the Bundesrath[21]

(or Federal Council), strong as it is, is hardly stronger than the

German General Staff, for the real force which welds the German Empire

together is not so much this council of plenipotentiaries from the

States as the military hegemony of Prussia and the military conventions

between her and the Southern States by which the latter placed their

armies under her supreme control. In this shirt of steel the body

politic is enclosed as in a vice.

* * * * *

Nothing illustrates the political lifelessness of Germany, the

arrogance of its rulers and the docility of its people (for whom,

as will be seen, the former have frequently expressed the utmost

contempt) more than the tortuous course of German diplomacy during the

years 1870-1900. I shall attempt to sketch very briefly the political

history of those years, particularly in the light of the policy of

calculated Terrorism by which the German Chancellerie sought to impose

its yoke upon Europe. Well did Lord Odo Russell say that “Bismarck’s

sayings inspired respect” (he might, had he not been speaking as an

ambassador, have used, like Hohenlohe, a stronger word) “and his

silences apprehension.”[22] If it be true, as von der Goltz says it

is, that national strategy is the expression of national character and

that the German method is, to use his words, “a brutal offensive,”

nothing could bring out that amiable characteristic more clearly than

the study of Bismarck’s diplomacy. The German is brutal in war just

because he is insolent in peace. Count Herbert “can be very insolent,”

wrote the servile Busch of Bismarck’s son, “which in diplomacy is very

useful.”[23]

Bismarck’s attitude towards treaty obligations is one of the chief

clues to the history of the years 1870-1900. International policy,

he once wrote, is “a fluid element which under certain conditions

will solidify, but on a change of atmosphere reverts to its original

condition.”[24] The process of solidification is represented by the

making of treaties; that of melting is a euphemism for the breaking of

them. To reinsure Germany’s future by taking out policies in different

countries in the form of secret treaties of alliance while concealing

the existence of other and conflicting treaties seemed to him not

only astute but admirable. Thus having persuaded Austria-Hungary to

enter into a Triple Alliance with Germany and Italy by holding out as

the inducement the promise of protection against Russia, Bismarck by

his own subsequent confession concluded a secret treaty with Russia

against Austria. To play off each of these countries against the

other by independent professions of exclusive loyalty to both was

the _Leit-motif_ of his diplomacy. Nor did he treat the collective

guarantees of European treaties with any greater respect. Good faith

was a negotiable security. Hence his skilful exploitation of the Black

Sea clauses of the Treaty of Paris (1856) when he wished to secure the

friendly neutrality of Russia during the Franco-Prussian War. Russia,

it will be remembered, suddenly and to every one’s surprise, denounced

those clauses. The European Powers, on the initiative of England,

disputed Russia’s claim to denounce _motu proprio_ an international

obligation of so solemn a character, and Bismarck responded to Lord

Granville’s initiative in words of ostentatious propriety:

“That the Russian Circular of the 19th October [denouncing the

clauses in question] had _taken him by surprise_. That while he had

always held that the Treaty of 1856 pressed with undue severity

upon Russia, he entirely disapproved of the manner adopted and the

time selected by the Russian Government to force the revision of

the Treaty.”[25]

Nearly a generation later Bismarck confessed, and prided himself on the

confession, in his Reminiscences,[26] that he had himself instigated

Russia to denounce the Black Sea clauses of the Treaty; that he had not

only instigated this repudiation but had initiated it as affording “an

opportunity of improving our relations with Russia.” Russia succumbed

to the temptation, but, as Bismarck cheerfully admits, not without

reluctance.

This, however, is not all: Europe “saved her face” by putting on record

in the Conference of London (1871) a Protocol, subscribed by the

Plenipotentiaries of all the Powers, in which it was laid down as

“an essential principle of the law of nations that no Power can

repudiate treaty engagements or modify treaty provisions, except

with the consent of the contracting parties by mutual agreement.”

This instrument has been called, not inaptly, the foundation of the

public law of Europe. It was in virtue of this principle that Russia

was obliged to submit the Russo-Turkish Treaty of San Stefano, and

with it the fruits of her victories in 1877-8 to the arbitrament of

the Congress of Berlin. At that Congress Bismarck played his favorite

rôle of “honest broker,” and there is considerable ground for believing

that he sold the same stock several times over to different clients

and pocketed the “differences.” What kind of conflicting assurances he

gave to the different Powers will never be fully known, but there is

good ground for believing that in securing the temporary occupation

of Bosnia-Herzegovina he had in mind the ultimate Germanization

of the Adriatic, and that domination of the Mediterranean at the

expense of England which has long been the dream of German publicists

from Treitschke onward.[27] What, however, clearly emerged from the

Congress, and was embodied in Article XXV of the Berlin Treaty, was,

that Austria was to occupy and administer Bosnia-Herzegovina under a

European mandate. She acquired lordship without ownership; in other

words, the territory became a Protectorate. Her title, as it originated

in, so it was limited by, the Treaty of Berlin. Exactly thirty years

later, in the autumn of 1908, Austria, acting in concert with Germany,

abused her fiduciary position and without any mandate from the Powers

annexed the territory of which she had been made the guardian. This

arbitrary action was a violation of the principle to which she and

Germany had subscribed at the London Conference, and Sir Edward

Grey attempted, as Lord Granville had done before him, to preserve

the credit of the public law of Europe by a conference which should

consider the compensation due to Servia for an act which so gravely

compromised her security. Russia, France, and Italy joined with Great

Britain in this heroic, if belated, attempt to save the international

situation. It was at this moment (March; 1909) that Germany appeared

on the scene “in shining armor,” despatched a veiled ultimatum to

Russia, with a covert threat to mobilize, and forced her to abandon her

advocacy of the claims of Servia and, with them, of the public law of

Europe.

Thus did History repeat itself. Germany stood forth once again as the

chartered libertine of Europe whom no faith could bind and no duty

oblige. May it not be said of her what Machiavelli said of Alexander

Borgia: “E non fu mai uomo che avesse maggiore efficacia in asseveraie,

e che con maggiori giuramenti affermasse una cosa, e che l’osservasse

meno.”[28]

* * * * *

It would carry me far beyond the limits of this Introduction to trace

in like detail the German policy of _Scharfmacherei_ which consisted,

to use the mordant phrase of M. Hanotaux, in putting up to auction that

which is not yours to sell and, not infrequently, knocking it down to

more than one bidder. That Bismarck encouraged Russian ambitions in

Asia and French ambitions in Africa with the view of making mischief

between each of them and England is notorious.[29] In his earlier

attitude he was content to play the rôle of _tertius gaudens_; in his

later he was an active _agent provocateur_--particularly during the

years 1883-1885, when he joined in the scramble for Africa. The earlier

attitude is well indicated in Hohenlohe’s revelations, that Bismarck

regarded French colonial operations as a timely diversion from the

Rhine, and would not be at all sorry “to see the English and French

locomotives come into collision,” and a French annexation of Morocco

would have had his benevolent approval. After 1883 his attitude was

less passive but not less mischievous. Ten years earlier he had told

Lord Odo Russell that colonies “would only be a cause of weakness” to

Germany. But by 1883 he had been slowly and reluctantly converted to

the militant policy of the Colonial party and the cry of _Weltpolitik_

was as good as a war scare for electioneering purposes. It was in

these days that hatred of England, a hatred conceived in jealousy of

her world-Empire, was brought forth, and the obstetrics of Treitschke

materially assisted its birth. Bismarck, however, as readers of his

Reminiscences are well aware, had an intellectual dislike of England

based on her forms of government. He loved the darker ways of diplomacy

and he thought our Cabinet system fatal to them. He had an intense

dislike of Parliamentarism, he despised alliances “for which the Crown

is not answerable but only the fleeting cabinet of the day,” and above

all he hated plain dealing and publicity. “It is astonishing,” wrote

Lord Ampthill, “how cordially Bismarck hates our Blue Books.”

* * * * *

The story of Bismarck’s diplomatic relations with England during these

years exhibits the same features of duplicity tempered by violence as

marked his relations with the rest of Europe. He acquired Samoa by a

deliberate breach of faith, and his pretense of negotiations with this

country to delimit the frontiers of English and German acquisitions

while he stole a march upon us were properly stigmatized by the

Colonial Office as “shabby behavior.” Whether he really egged on France

to “take Tunis” in order to embroil her with England will perhaps never

be really known,[30] but it was widely suspected in France that his

motives in supporting, if not instigating,[31] the colonial policy of

Jules Ferry would not bear a very close examination. That he regarded

it as a timely diversion from the Rhine is certain; that he encouraged

it as a promising embarrassment to England is probable. There can be

no doubt that much the same construction is to be put on his attitude

towards Russia’s aspirations in Asia; that they should divert Russia

from Europe was necessary; that they might entangle her with England

was desirable.

Fear of Russia has, in fact, always been an obsession of the German

Government. That fear is the just Nemesis of Frederick the Great’s

responsibility for the infamous Partition of Poland. The reader, who

wants to understand the causes of this, cannot do better than study an

old map of the kingdom of Poland, and compare it with a map of Poland

after the first and second Partitions. The effect of those cynical

transactions was to extinguish an ancient “buffer state,” separating

Prussia, Austria, and Russia, and by extinguishing it to bring them

into menacing contiguity with each other. Never has any crime so

haunted its perpetrators. Poland has been the permanent distraction

of the three nations who dismembered her, each perpetually suspicious

of the other two, and this fact is the main clue to the history of

Eastern Europe.[32] The fear of Russia, and of a Russo-French or

a Russo-Austrian Alliance, is the dominant feature of Bismarck’s

diplomacy. He was, indeed, the evil genius of Russia for, by his own

confession,[33] he intrigued to prevent her from pursuing a liberal

policy towards Poland, for fear that she would thereby be drawn into

friendship with France. To induce her to break faith with Russia, her

Polish subjects in one case, and with Europe in another--the former

by suppressing the Polish constitutional movement; the latter by

repudiating the Black Sea clauses--was to isolate her from Europe.

German writers to-day affect to speak of “Muscovite barbarism” and

“Oriental despotism,” but it has been the deliberate policy of Germany

to cut Russia off from the main stream of European civilization--to

turn her face Eastwards, thereby Bismarck hoped, to quote his own

words, to “weaken her pressure on our Eastern frontiers.”

But Bismarck’s contempt for treaties and his love for setting other

Powers by the ears were venial compared with his policy of Terrorism.

His attitude to France from 1870 to the day of his retirement from

office--and it has been mis-stated many times by his successors--was

very much that which Newman ascribed to the Erastian view of the

treatment of the church--“to keep her low” and in a perpetual state

of terror-stricken servility. That this is no exaggeration will be

apparent from what follows here about the war scares with which he

terrified France, and with France Europe also, in the years 1873-5,

the years, when, as our ambassador at Paris, Lord Lytton, has put

it, he “played with her like a cat with a mouse.”[34] Perhaps the

most illuminating account of these tenebrous proceedings is to be

derived from Hohenlohe, who accepted the offer of the German Embassy

at Paris in May, 1874. The post was no easy one. There had already

been a “scare” in the previous December, when Bismarck menaced the

Duc de Broglie with war, using the attitude of the French Bishops as

a pretext;[35] and, although Hohenlohe’s appointment was at first

regarded as an eirenicon, there followed a period of extreme tension,

when, as the Duc Decazes subsequently confessed, French Ministers were

“living at the mercy of the smallest incident, the least mistake.”

The truth about the subsequent war scare of 1875 is still a matter of

speculation, but the documents published of late years by de Broglie

and Hanotaux, and the despatches of Lord Odo Russell, have thrown

considerable suspicion of a very positive kind on Bismarck’s plea

that it was all a malicious invention of Gontaut-Biron, the French

Ambassador, and of Gortchakoff. A careful collation of the passages

in Hohenlohe’s Memoirs goes far to confirm these suspicions, and,

incidentally, to reveal Bismarck’s inner diplomacy in a very sinister

light. Hohenlohe was appointed to succeed the unhappy Arnim, who had

made himself obnoxious to Bismarck by his independence, and he was

instructed by the Chancellor, that it was to the interest of Germany

to see that France should become “a weak Republic and anarchical,”

so as to be a negligible quantity in European politics, on which the

Emperor William I remarked to Hohenlohe that “that was not a policy,”

and was not “decent,” subsequently confiding to Hohenlohe that

Bismarck was trying “to drive him more and more into war”; whereupon

Hohenlohe confidently remarked: “I know nothing of it, and I should be

the first to hear of it.” Hohenlohe soon found reason to change his

opinion. As Gortchakoff remarked to Decazes, “they have a difficult

way with diplomatists at Berlin,” and Hohenlohe was instructed to

press the French Ministry for the recall of Gontaut-Biron, against

whom Bismarck complained on account of his Legitimist opinions and

his friendship with the Empress Augusta. Thereupon, that supple and

elusive diplomat, the Duc Decazes, parried by inviting an explanation

of the menacing words which Gontaut-Biron declared had been uttered

to him by Radowitz, a Councilor of Legation in Berlin, to the effect

that “it would be both politic and Christian to declare war at once,”

the Duke adding shrewdly: “One doesn’t invent these things.” Hohenlohe

in his perplexity tried to get at the truth from Bismarck, and met

with what seems to us a most disingenuous explanation. Bismarck said

Radowitz denied the whole thing, but added that, even if he had said

it, Gontaut-Biron had no right to report it. He admitted, however, that

Radowitz made mischief and “egged on” Bülow, the Foreign Secretary.

“You may be sure,” he added, “that these two between them would land

us in a war in four weeks if I didn’t act as safety-valve.” Hohenlohe

took advantage of this confession to press for the despatch of Radowitz

to some distant Embassy “to cool himself.” To this Bismarck assented,

but a few days later declared that Radowitz was indispensable. When

Hohenlohe attempted to sound Bismarck on the subject the Chancellor

showed the utmost reserve. After the war scare had passed, Decazes

related to Hohenlohe an earlier example of Imperial truculence on the

part of Arnim, who, on leaving after a call, turned round as he reached

the door and called out: “I have forgotten one thing. Recollect that

I forbid you to get possession of Tunis”; and when Decazes affected

to regard the matter as a jest, Arnim repeated with emphasis: “Yes,

I forbid it.” Hohenlohe adds that an examination of his predecessor’s

papers convinced him that Arnim did not speak without express

authorization. When the elections for the French Chamber are imminent

in the autumn of 1877, Bismarck informs Hohenlohe that Germany will

adopt “a threatening attitude,” but “the scene will be laid in Berlin,

not in Paris.” The usual Press campaign followed, much to the vexation

of the Emperor, who complained to Hohenlohe that the result of these

“pin-pricks” (Nadelstiche) would provoke the French people beyond

endurance.

In studying this calculated truculence we have to remember that in

Germany foreign and domestic policy are inextricably interwoven. A war

scare is with the German Government a favorite method of bringing the

Reichstag to a docile frame of mind and diverting it from inconvenient

criticism of the Government’s policy at home. Moreover, just as war is,

in von der Goltz’s words, a reflection of national character, so is

diplomacy. A nation’s character is revealed in its diplomacy just as a

man’s breeding is revealed in his conversation.[36] We must therefore

take into account the polity of Germany and its political standards.

The picture of the Prussian autocracy in the later days of Bismarck’s

rule which we can reconstruct from different entries in Hohenlohe’s

Journal from the year 1885 onwards is a very somber one. It is a

picture of suspicion, treachery, vacillation, and calumny in high

places which remind one of nothing so much as the Court of the later

Bourbons. It is a régime of violence abroad and dissensions at home.

Bismarck’s health was failing him, and with his health his temper. He

complained to Hohenlohe that his head “grew hot” the moment he worked,

and the latter hardly dared to dispute with him on the gravest matters

of State. Readers of Busch will remember his frank disclosures of the

anarchy of the Foreign Office when Bismarck was away: “if the Chief

gives violent instructions, they are carried out with still greater

violence.” In Hohenlohe we begin to see all the grave implications

of this. Bismarck, with what Lord Odo Russell called his passion

for authority, was fond of sneering at English foreign policy as

liable to be blown about with every wind of political doctrine; but

if Parliamentary control has its defects, autocracy has defects more

insidious still. Will becomes caprice, and foreign relations are at

the mercy of bureaucrats who have no sense of responsibility so long

as they can adroitly flatter their master. When a bureaucrat trained

under this system arrives at power, the result may be nothing less

than disastrous. This was what happened when Bismarck’s instrument,

Holstein, concentrated power into his own hands at the Foreign Office;

and as the _Neue Freie Presse_[37] pointed out in its disclosures on

his fall (1906), the results are writ large in the narrowly averted

catastrophe of a war with France in 1905. Bismarck’s disciples had all

his calculated violence without its timeliness. In the Foreign Office,

Hohenlohe discovered a kind of anarchical “republicanism”--“nobody,”

in Bismarck’s frequent absence “will own responsibility to any one

else.” “Bismarck is nervously excitable,” writes Hohenlohe in March,

1885, “and harasses his subordinates and frightens them, so that

they see more behind his expression than there really is.” Like most

small men, in terror themselves, they terrorized others. Moreover,

the disinclination of the Prussian mind, which Bismarck himself

once noted, to accept any responsibility which is not covered by

instructions, tended to reduce the German Ambassadors abroad to the

level of mere aides-de-camp. Hohenlohe found himself involved in the

same embarrassments at Paris as Count Münster did in London. Any one

who has studied the inner history of German foreign policy must have

divined a secret diplomacy as devious of its kind as that of Louis XV.

Of its exact bearings little is known, but a great deal may reasonably

be suspected. There is always the triple diplomacy of the Court, the

Imperial Chancery, and lastly the Diplomatic Service, which is not

necessarily in the confidence of either.

The same debilitating influences of a dictatorship were at work in

Ministerial and Parliamentary life. Bismarck had an equal contempt

for the collective responsibility of Ministers and for Parliamentary

control. Having done his best to deprive the Members of the

Reichstag of power, he was annoyed at their irresponsibility. He

called men like Bennigsen and Windhorst silly schoolboy politicians

(Karlchen-Miesnick-Tertianen) or “lying scoundrels” (verlogene

Halunken). He was surprised that representation without control

resulted in faction. It is the Nemesis of his own political doctrines.

When he met with opposition he clamored for repressive measures, and

could not understand some of the scruples of the Liberals as to the

exceptional laws against the Socialists. Moreover, having tried, like

another Richelieu, to reduce his fellow-Ministers to the position of

clerks, he was annoyed at their want of corporate spirit, and when they

refused to follow him into his retirement, he declaimed against their

apostasy in having “left him in the lurch.” He talked at one time of

abolishing the Reichstag; at another of having a special post created

for himself as “General-Adjutant.” He complained of overwork--and his

energy was Titanic--but he insisted on keeping his eye on everything,

conscientiously enough, because, he tells Hohenlohe, “he could not

put his name to things which did not reflect his own mind.” But

perhaps the gravest moral of it all is the Nemesis of deception. It

is difficult to be both loved and feared, said Machiavelli. There

is a somber irony in the remark of the Czar to the Emperor in 1892,

which the latter repeated to Hohenlohe. Bismarck had been compelled

to retire because he had failed to induce the Emperor to violate

Germany’s contractual obligations to Austria by renewing his secret

agreement with Russia, and he consoled himself in his retirement with

the somewhat unctuous reflection that he was a martyr to the cause of

Russo-German friendship, betrayed, according to him, by Caprivi. “Do

you know,” said the young Emperor (in August, 1892), “the Czar has

told me he has every trust in Caprivi; whereas when Bismarck has said

anything to him he has always had the conviction that ‘he is tricking

me.’” We are reminded of the occasion when Talleyrand told the truth so

frankly that his interlocutor persisted in regarding it as an elaborate

form of deception. After all, there are advantages, even in diplomacy,

in being what Schuvaloff called Caprivi, a “too honest man.” It was the

same with the domestic atmosphere. Bismarck, an adept at deceiving,

is always complaining of deception; a master of intrigue, he is always

declaiming against the intrigues of others. He inveighs against the

Empress Augusta: “for fifty years she has been my opponent with the

Emperor.” He lived in an atmosphere of distrust, he was often insolent,

and always suspicious. It affected all his diplomatic intercourse,

and was not at all to Hohenlohe’s taste. “He handles everything with

a certain arrogance (_Uebermut_),” once wrote Hohenlohe (as we have

already said) of a discussion with him over foreign affairs. “_This has

always been his way._”

All these tendencies came to a head when the scepter passed from the

infirm hands of William I to those of a dying King, around whose

death-bed the military party and the Chancellor’s party began to

intrigue for influence over the young Prince whose advent to empire was

hourly expected. Of these intrigues Hohenlohe, who was now Statthalter

of Alsace-Lorraine, soon began to feel the effects without at first

discovering the cause. He loved the people of the Reichsland, was a

friend of France, and an advocate of liberal institutions, and in this

spirit he strove to administer the incorporated territories. But the

military party worked against him, hoping to secure the abolition of

the moderate measure of local government and Reichstag representation

which the Provinces possessed; and when the latter returned a hostile

majority to the Reichstag they redoubled their efforts for a policy

of “Thorough.” Bismarck gave but a lukewarm support to Hohenlohe and

insisted on the enforcement of drastic passport regulations, which,

combined with the Schnaebele affair (on which the Memoirs are very

reticent), almost provoked France to War--naturally enough, in the

opinion of Hohenlohe, and inevitably, according to the forebodings

of the German Military Attaché at Paris. To Hohenlohe’s imploring

representations Bismarck replied with grim jests about Alva’s rule in

the Netherlands, adding that it is all done to show the French “that

their noise doesn’t alarm us.” Meanwhile Switzerland was alienated,

France injured, and Austria suspicious. But Hohenlohe, after inquiries

in Berlin and Baden, began to discover the reason. Bismarck feared

the influence of the military party over the martial spirit of Prince

William, and was determined to show himself equally militant in order

to secure his dynasty. “His sole object is to get his son Herbert into

the saddle,” said Bleichroder; “so there is no hope of an improvement

in Alsace-Lorraine,”--although Prince Herbert alienated everybody

by his insolence, which was so gross that the Prince of Wales (King

Edward), at this time in Berlin, declared that he could scarcely

restrain himself from showing him the door. The leader of the military

party, Waldersee, was hardly more public-spirited. He had, according to

Bismarck, been made Chief of Staff by Moltke, over the heads of more

competent men, because he was more docile than they. Between these

military and civil autocracies the struggle for the possession of the

present Emperor raged remorselessly, and with appalling levity they

made the peace of two great nations the pawns in the game. The young

Emperor is seen in Hohenlohe’s Memoirs feeling his way, groping in the

dark; but those who, like the Grand Duke of Baden, knew the strength of

his character, foresaw the end. At first, he “doesn’t trust himself to

hold a different opinion from Bismarck”; but, “as soon as he perceives

that Bismarck doesn’t tell him everything,” predicted the Grand Duke,

“there will be trouble.” Meanwhile Waldersee was working for war, for

no better reason than that he was getting old, and spoiling for a fight

before it was too late for him to take the field.

For Bismarck’s dismissal there were various causes: differences in

domestic policy and in foreign, and an absolute _impasse_ on the

question whether Bismarck’s fellow-Ministers were to be treated as

colleagues or subordinates. “Bismarck,” said Caprivi afterwards, “had

made a treaty with Russia by which we guaranteed her a free hand in

Bulgaria and Constantinople, and Russia bound herself to remain

neutral in a war with France. That would have meant the shattering of

the Triple Alliance.” Moreover, the relations of Emperor and Chancellor

were, at the last, disfigured by violent scenes, during which the

Kaiser, according to the testimony of every one, showed the most

astonishing dignity and restraint. But it may all be summed up in the

words of the Grand Duke of Baden, reechoed by the Emperor to Hohenlohe,

it had to be a choice between the dynasties of Hohenzollern and

Bismarck. The end came to such a period of fear, agony, irony, despair,

recrimination, and catastrophic laughter as only the pen of a Tacitus

could adequately describe. Bismarck’s last years, both of power and

retirement, were those of a lost soul. Having tried to intrigue with

foreign Ambassadors against his Sovereign before his retirement, he

tried to mobilize the Press against him after he had retired, and even

stooped to join hands with his old rival, Waldersee, for the overthrow

of his successor, Caprivi, being quite indifferent, complained the

Kaiser bitterly, to what might happen afterwards. “It is sad to think,”

said the Emperor of Austria to Hohenlohe, “that such a man can sink so

low.”

When Bismarck was dismissed every one raised his head. It seemed to

Hohenlohe to be at last a case of the beatitude: “the meek shall

inherit the earth.” Holstein, the Under-Secretary, who, to the disgust

of Bismarck, refused to follow his chief and who now quietly made

himself the residuary legatee of the whole political inheritance of the

Foreign Office, intended by Bismarck for his son, freely criticized his

ex-chief’s policy in a conversation with Hohenlohe:

“He adduced as errors of Bismarck’s policy: The Berlin Congress,

the mediation in China in favor of France, the prevention of the

conflict between England and Russia in Afghanistan, and the whole

of his _tracasseries_ with Russia. As to his recent plan of leaving

Austria in the lurch, he says we should then have made ourselves so

contemptible that we should have become isolated and dependent on

Russia.”

Bismarck, whom Hohenlohe visited in his retirement, with a strange

want of patriotism and of perspicuity, pursued “his favorite theme”

and inveighed against the envy (_der Neid_) of the German people and

their incurable particularism. He never divined how much his jealous

autocracy had fostered these tendencies. One may hazard the opinion

that the Germans are no more wanting in public spirit and political

capacity than any other nation; but if they are deprived of the rights

of private judgment and the exercise of political ability, they are

no more likely to be immune from the corresponding disabilities.

Certainly, in no country where public men are accustomed to the

exercise of mutual tolerance and loyal cooperation by the practise of

Cabinet government, and where public opinion has healthy play, would

such an exhibition of disloyalty and slander as is here exhibited be

tolerated, or even possible. When in 1895 Caprivi succumbed to the

intrigues of the military caste and the Agrarian Party, Hohenlohe, now

in his seventy-sixth year, was entreated to come to the rescue, his

accession being regarded as the only security for German unity. To

his eternal credit, Hohenlohe accepted; but, if we may read between

the lines of the scanty extracts here vouchsafed from the record of

a Ministerial activity of six years, we may conjecture that it was

mostly labor and sorrow. He was opposed to agrarianism and repressive

measures, and anxious “to get on with the Reichstag,” seeing in the

forms of public discussion the only security for the public peace. But

“the Prussian Junkers could not tolerate South German Liberalism,”

and the most powerful political caste in the world, with the Army and

the King on their side, appear to have been too much for him. His

retirement in 1900 marks the end of a fugitive attempt at something

like a liberal policy in Germany, and during the fourteen years which

have elapsed since that event autocracy has held undisputed sway in

Germany. The history of these latter years is fresh in the minds of

most students of public affairs, and we will not attempt to pursue it

here.

CHAPTER III

GERMAN CULTURE

THE ACADEMIC GARRISON

Nothing is so characteristic of the German nation as its astonishing

single-mindedness--using that term in a mental and not a moral sense.

Since Prussia established her ascendency the nation has developed an

immense concentration of purpose. If the military men are not more

belligerent than the diplomatists, the diplomatists are not more

belligerent than the professors. A single purpose seems to animate

them: it is to proclaim the spiritual efficacy, and the eternal

necessity, of War.

Already there are signs that the German professors are taking the

field. Their mobilization is apparently not yet complete, but we may

expect before long to see their whole force, from the oldest Professor

Emeritus down to the youngest _Privat-dozent_, sharpening their pens

against us. Professors Harnack, Haeckel, and Eucken have already made a

reconnaissance in force, and in language which might have come straight

from the armory of Treitschke have denounced the mingled cupidity

and hypocrisy with which we, so they say, have joined forces with

Muscovite “barbarism” against Teutonic culture. This, we may feel sure,

is only the beginning.

German professors have a way of making history as well as writing

it, and the Prussian Government has always attached the greatest

importance to taking away its enemy’s character before it despoils

him of his goods. Long before the wars of 1866 and 1870 the seminars

of the Prussian universities were as busy forging title-deeds to

the smaller German states and to Alsace-Lorraine as any medieval

scriptorium, and not less ingenious. In the Franco-Prussian War

the professors--Treitschke, Mommsen, Sybel--were the first to take

the field and the last to quit it. Theirs it was to exploit the

secular hatreds of the past. Even Ranke, the nearest approach to “a

good European” of which German schools of history could boast, was

implacable. When asked by Thiers on whom, the Third Empire having

fallen, the Germans were continuing to make war, he replied, “On Louis

XIV.”

Hardly were the results achieved before a casuistry was developed to

justify them. Sybel’s apologetics in “Die Begründung des deutschen

Reichs” began it; others have gone far beyond them. “Blessed be the

hand that traced those lines,” is Professor Delbrück’s benediction on

the forgery of the Ems telegram; and in language which is almost a

paraphrase of Bismarck’s cynical declaration that a diplomatic pretext

for a war can always be found when you want one, he has laid it down

that “a good diplomat” should always have his quiver full of such

barbed arrows. So, too, Sybel on Frederick’s complicity in the Second

Partition of an inoffensive Poland anticipates in almost so many words

the recent sophistry of the Imperial Chancellor on the violation of

the neutrality of Belgium. “Wrong? I grant you--a violation of law in

the most literal sense of the word.” But, he adds, necessity knows no

law, and, “to sum it up,” after all, Prussia “thereby gained a very

considerable territory.” And thus Treitschke on the question of the

duchies, or again, to go farther afield, Mommsen on the inexorable

“law” that the race is always to the swift and the battle to the

strong. Frederick the Great surely knew his fellow-countrymen when he

said with characteristic cynicism: “I begin by taking; I can always

find pedants to prove my rights afterwards.” Not the Chancelleries

only, but even the General Staff has worked hand in glove with the

lecture-room. When Bernhardi and von der Goltz exalt the spiritual

efficacy of war they are repeating almost word for word the language

of Treitschke. Not a faculty but ministers to German statecraft in its

turn. The economists, notably von Halle and Wagner, have been as busy

and pragmatical as the historians--theirs is the doctrine of Prussian

military hegemony upon a basis of agrarianism, of the absorption of

Holland, and of “the future upon the water.” The very vocabulary of

the Kaiser’s speeches has been coined in the lecture-rooms of Berlin

University.

To understand the potency of these academic influences in German

policy one must know something of the constitution of the German

universities. In no country is the control of the Government over the

universities so strong; nowhere is it so vigilant. Political favor may

make or mar an academic career; the complaisant professor is decorated,

the contumacious is cashiered. German academic history is full of

examples. Treitschke, Sybel, even Mommsen all felt the weight of royal

displeasure at one period or another. The present Emperor vetoed the

award of the Verdun prize to Sybel because in his history of Prussian

policy he had exalted Bismarck at the expense of the Hohenzollerns, and

he threatened to close the archives to Treitschke. Even Mommsen had at

one time to learn the steepness of alien stairs.

On the other hand, no Government recognizes so readily the value of

a professor who is docile--he is of more value than many Pomeranian

Grenadiers. Bismarck invited Treitschke to accompany the army of Sadowa

as a writer of military bulletins, and both he and Sybel were, after

due caution, commissioned to write those apologetics of Prussian

policy which are classics of their kind. Most German professors have

at one time or another been publicists, and the _Grenzboten_ and the

_Preussische Jahrbücher_ maintain the polemical traditions of Sybel’s

“Historische Zeitschrift.” Moreover, the German university system, with

the singular freedom in the choice of lectures and universities, which

it leaves to the student, tends to make a professor’s classes depend

for their success on his power of attracting a public by trenchant

oratory. Well has Acton said that the “garrison” of distinguished

historians that prepared the Prussian supremacy, together with their

own, “hold Berlin like a fortress.” They still hold it and their

science of fortification has not changed.

It is not necessary to recapitulate here the earlier phases of this

politico-historical school whose motto found expression in Droysen’s

aphorism, “The statesman is the historian in practise,” and whose

moral was “Die Weltgeschichte ist das Weltgericht,” or, to put it less

pretentiously, “Nothing succeeds like success.” All of them, Niebuhr,

Mommsen, Droysen, Häusser, Sybel, Treitschke, have this in common:

that they are merciless to the rights of small nationalities. This was

no accident; it was due to the magnetism exercised upon their minds

by the hegemony of Prussia and by their opposition to the idea of a

loose confederation of small States. They were almost equally united

in a common detestation of France and could find no word too hard for

her polity, her literature, her ideals, and her people. “Sodom” and

“Babylon” were the best they could spare her. “Die Nation ist unser

Feind” wrote Treitschke in 1870, and “we must draw her teeth.” Even

Ranke declared that everything good in Germany had risen by way of

opposition to French influences. The intellectual war was carried into

every field and epoch of history, and all the institutions of modern

civilization were traced by writers like Waitz and Maurer to the early

German tribes uncorrupted by Roman influences. The same spirit was

apparent in Sybel’s hatred of the French Revolution and all its works.

This is not the place to expound the intellectual revenge which French

scholars like Fustel de Coulanges in the one sphere, and Albert Sorel

in the other, afterwards took upon this insensate chauvinism of the

chair. Sufficient to say that this cult of war and gospel of hate have

narrowed the outlook of German thought ever since, as Renan warned

Strauss they would, and have left Germany in an intellectual isolation

from the rest of Europe only to be paralleled by her moral isolation

of to-day. It was useless for Renan to remind German scholars that

pride is the only vice which is punished in this world. “We Germans,”

retorted Mommsen, “are not modest and don’t pretend to be.” The words

are almost the echo of that “thrasonic brag” with which Bismarck one

day electrified the Reichstag.

In the academic circles of to-day much of the hate formerly vented

upon France is now diverted to England. In this, Treitschke set the

fashion. Nothing delighted him more than to garnish his immensely

popular lectures with uproarious jests at England--“the hypocrite who,

with a Bible in one hand and an opium pipe in the other, scatters over

the universe the benefits of civilization.” But there was always method

in his madness. Treitschke was one of the first to demand for Germany

“a place in the sun”--this commonplace of Imperial speeches was, I

believe, coined by Sybel--and to press for the creation of a German

Navy which should do what “Europe” had failed to do--set bounds to the

crushing domination of the British Fleet and “restore the Mediterranean

to the Mediterranean peoples” by snatching back Malta, Corfu, and

Gibraltar. The seed fell on fruitful soil. A young economist, the late

Professor von Halle, whose vehement lectures I used to attend when a

student at Berlin University, worked out the maritime possibilities

of German ambitions in “Volks-und Seewirthschaft,” and his method

is highly significant in view of the recent ultimatum delivered by

Germany to Belgium. It was nothing less than the seduction of Holland

by economic bribes into promising to Germany the abandonment of the

neutrality of her ports in the event of war. Thereby, and thereby

alone, he argued, Germany would be reconciled to the “monstrosity”

(_Unding_) of the mouth of the Rhine being in non-German hands.

In return Germany would take Holland and her colonies under her

“protection.” To the same effect writes Professor Karl Lamprecht in his

“Zur jüngsten deutschen Vergangenheit,” seizing upon the Boer war to

demonstrate to Holland that England is the enemy. The same argument was

put forward by Professor Lexis. This was in the true line of academic

tradition. Even the discreet and temperate Ranke once counseled

Bismarck to annex Switzerland.

Such, in briefest outline, is the story of the academic “garrison.”

Of the lesser lansquenets, the horde of privat-dozents and obscurer

professors, whose intellectual folly is only equaled by their

audacity, and who are the mainstay of the Pan-German movement, I have

said nothing. It may be doubted whether the second generation can

show anything like the intellectual prestige which, with all their

intemperance, distinguished their predecessors. But they have all laid

to heart Treitschke’s maxim, “Be governmental,” honor the King, worship

the State, and “believe that no salvation is possible except by the

annihilation of the smaller States.” It is a strange ending to the

Germany of Kant and Goethe.

Nur der verdient sich Freiheit wie das Leben

Der täglich sie erobern muss--

The noble lines of Goethe have now a variant reading--“He alone

achieves freedom and existence who seeks to repeat his conquests at the

expense of others” might be the motto of the Germans of to-day. But as

they have appealed to History, so will History answer them.

CHAPTER IV

GERMAN THOUGHT

TREITSCHKE

In a pamphlet of mordant irony addressed to “Messieurs les Ministres

du culte évangélique de l’armée du roi de Prusse” in the dark days of

1870, Fustel de Coulanges warned these evangelical camp-followers of

the consequences to German civilization of their doctrines of a Holy

War. “Your error is not a crime but it makes you commit one, for it

leads you to preach war which is the greatest of all crimes.” It was

not impossible, he added, that that very war might be the beginning

of the decadence of Germany, even as it would inaugurate the revival

of France. History has proved him a true prophet, but it has required

more than a generation to show with what subtlety the moral poison

of such teaching has penetrated into German life and character. The

great apostle of that teaching was Treitschke who, though not indeed

a theologian, was characteristically fond of praying in aid the

vocabulary of theology. “Every intelligent theologian understands

perfectly well,” he wrote, “that the Biblical saying ‘Thou shalt not

kill’ ought no more to be interpreted literally than the apostolic

injunction to give one’s goods to the poor.” He called in the Old

Testament to redress the balance of the New. “The doctrines of the

apple of discord and of original sin are the great facts which the

pages of History everywhere reveal.”

To-day, everybody talks of Treitschke, though I doubt if half a dozen

people in England have read him. His brilliant essays, _Historische

und Politische Aufsätze_, illuminating almost every aspect of German

controversy, have never been translated; neither has his _Politik_,

a searching and cynical examination of the foundations of Political

Science which exalts the State at the expense of Society; and his

_Deutsche Geschichte_, which was designed to be the supreme apologetic

of Prussian policy, is also unknown in our tongue. But in Germany

their vogue has been and still is enormous; they are to Germans what

Carlyle and Macaulay were to us. Treitschke, indeed, has much in common

with Carlyle; the same contempt for Parliaments and constitutional

freedom; the same worship of the strong man armed; the same somber,

almost savage, irony, and, let it not be forgotten, the same deep

moral fervor. His character was irreproachable. At the age of fifteen

he wrote down this motto for his own: “To be always upright, honest,

moral, to become a man, a man useful to humanity, a brave man--these

are my ambitions.” This high ideal he strove manfully to realize.

But he was a doctrinaire, and of all doctrinaires the conscientious

doctrinaire is the most dangerous. Undoubtedly, in his case, as in that

of so many other enlightened Germans--Sybel, for example--his apostasy

from Liberalism dated from the moment of his conviction that the only

hope for German unity lay not in Parliaments but in the military

hegemony of Prussia. The bloody triumphs of the Austro-Prussian War

convinced him that the salvation of Germany was “only possible by the

annihilation of small States,” that States rest on force, not consent,

that success is the supreme test of merit, and that the issues of

war are the judgment of God. He was singularly free from sophistry

and never attempted, like Sybel, to defend the Ems telegram by the

disingenuous plea that “an abbreviation is not a falsification”; it

was enough for him that the trick achieved its purpose. And he had a

frank contempt for those Prussian jurists who attempted to find a legal

title to Schleswig-Holstein; the real truth of the matter he roundly

declared, was that the annexation of the duchies was necessary for the

realization of German aims. When he writes about war he writes without

any sanctimonious cant:

It is not for Germans to repeat the commonplaces of the apostles of

peace or of the priests of Mammon, nor should they close their eyes

before the cruel necessities of the age. Yes, ours is an epoch of

war, our age is an age of iron. If the strong get the better of the

weak, it is an inexorable law of life. Those wars of hunger which

we still see to-day amongst negro tribes are as necessary for the

economic conditions of the heart of Africa as the sacred war which

a people undertakes to preserve the most precious belongings of its

moral culture. There as here it is a struggle for life, here for a

moral good, there for a material good.

Readers of Bernhardi will recognize here the source of Bernhardi’s

inspiration. If Treitschke was a casuist at all--and as a rule he is

refreshingly, if brutally, frank--his was the supreme casuistry of the

doctrine that the end justifies the means. That the means may corrupt

the end or become an end in themselves he never saw, or only saw it

at the end of his life. He honestly believed that war was the nurse

of manly sentiment and heroic enterprise, he feared the commercialism

of modern times, and despised England because he judged her wars to

have always been undertaken with a view to the conquest of markets. He

sneers at the Englishman who “scatters the blessings of civilization

with a Bible in one hand and an opium pipe in the other.” He honestly

believed that Germany exhibited a purity of domestic life, a pastoral

simplicity, and a deep religious faith to which no European country

could approach, and at the time he wrote the picture was not overdrawn.

He has written passages of noble and tender sentiment, in which he

celebrates the piety of the peasant, whose religious exercises were

hallowed, wherever the German tongue was spoken, by the massive

faith of Luther’s great Hymn. Writing of German Protestantism as the

corner-stone of German unity, he says:

Everywhere it has been the solid rampart of our language and

customs. In Alsace, as in the mountains of Transylvania and on the

distant shores of the Baltic, as long as the peasant shall sing his

old canticle

Ein’ feste Burg ist unser Gott

German life shall not pass away.

Those who would understand the strength of Treitschke’s influence on

his generation must not lose sight of these purer elements in his

teaching.

But Treitschke was dazzled by the military successes of Prussia in

1866. With that violent reaction against culture which is so common

among its professional devotees, and which often makes the men of the

pen far more sanguinary than the men of the sword, he derided the

old Germany of Goethe and Kant as “a nation of poets and thinkers

without a polity” (“Ein staatloses Volk von Dichtern und Denkern”),

and almost despised his own intellectual vocation. “Each dragoon,”

he cried enviously, “who knocks a Croat on the head does far more

for the German cause than the finest political brain that ever

wielded a trenchant pen.” But for his grievous deafness he would,

like his father, have chosen the profession of arms. Failing that,

he chose to teach. “It is a fine thing,” he wrote, “to be master of

the younger generation,” and he set himself to indoctrinate it with

the aim of German unity. He taught from 1859 to 1875 successively at

Leipzig, Freiburg, Kiel, and Heidelberg. From 1875 till his death in

1896 he occupied with immense éclat the chair of modern history at

Berlin. And so, although a Saxon, he enlisted his pen in the service

of Prussia--Prussia which always knows how to attract men of ideas

but rarely produces them. In the great roll of German statesmen and

thinkers and poets--Stein, Hardenberg, Goethe, Hegel--you will look

almost in vain for one who is of Prussian birth. She may pervert them;

she cannot create them.

Treitschke’s views were, of course, shared by many of his

contemporaries. The Seminars of the German Universities were the

arsenals that forged the intellectual weapons of the Prussian hegemony.

Niebuhr, Ranke, Mommsen, Sybel, Häusser, Droysen, Gneist--all

ministered to that ascendency, and they all have this in common--that

they are merciless to the claims of the small States whose existence

seemed to present an obstacle to Prussian aims. They are also united

in common hatred of France, for they feared not only the adventures of

Napoleon the Third but the leveling doctrines of the French Revolution.

Burke’s _Letters on a Regicide Peace_ are not more violent against

France than the writings of Sybel, Mommsen, and Treitschke. What,

however, distinguishes Treitschke from his intellectual confrères is

his thoroughness. They made reservations which he scorned to make.

Sybel, for example, is often apologetic when he comes to the more

questionable episodes in Prussian policy--the partition of Poland, the

affairs of the duchies, the Treaty of Bâle, the diplomacy of 1870;

Treitschke is disturbed by no such qualms. Bismarck who practised a

certain economy in giving Sybel access to official documents for his

semi-official history of Prussian policy, _Die Begründung des deutschen

Reichs_, had much greater confidence in Treitschke and told him he felt

sure he would not be disturbed to find that “our political linen is not

as white as it might be.” So, too, while others like Mommsen refused to

go the whole way with Bismarck in domestic policy, and clung to their

early Radicalism, Treitschke had no compunction about absolutism. He

ended, indeed, by becoming the champion of the Junkers, and his history

is a kind of hagiography of the Hohenzollerns. “Be governmental”

was his succinct maxim, and he rested his hopes for Germany on the

bureaucracy and the army. Indeed, if he had had his way, he would have

substituted a unity state for the federal system of the German Empire,

and would have liked to see all Germany an enlarged Prussia--“ein

erweitertes Preussen”--a view which is somewhat difficult to reconcile

with his attacks on France as being “politically in a state of

perpetual nonage,” and on the French Government as hostile to all forms

of provincial autonomy.

By a quite natural transition he was led on from his championship of

the unity of Germany to a conception of her rôle as a world-power.

He is the true father of Weltpolitik. Much of what he writes on this

head is legitimate enough. Like Hohenlohe and Bismarck he felt the

humiliation of Germany’s weakness in the councils of Europe. Writing in

1863 he complains:

One thing we still lack--the State. Our people is the only one

which has no common legislation, which can send no representatives

to the Concert of Europe. No salute greets the German flag in a

foreign port. Our Fatherland sails the high seas without colors

like a pirate.

Germany, he declared, must become “a power across the sea.” This

conclusion, coupled with bitter recollections of the part played by

England in the affair of the Duchies, no doubt accounted for his

growing dislike of England.

Among the English the love of money has killed every sentiment of

honor and every distinction between what is just and unjust. They

hide their poltroonery and their materialism behind grand phrases

of unctuous theology. When one sees the English press raising its

eyes to heaven, frightened by the audacity of these faithless

peoples in arms upon the Continent, one might imagine one heard a

venerable parson droning away. As if the Almighty God, in Whose

name Cromwell’s Ironsides fought their battles, commanded us

Germans to allow our enemy to march undisturbed upon Berlin. Oh,

what hypocrisy! Oh, cant, cant, cant!

Europe, he says elsewhere, should have put bounds to the overweening

ambition of Britain by bringing to an end the crushing domination

of the English Fleet at Gibraltar, at Malta, and at Corfu, and by

“restoring the Mediterranean to the Mediterranean peoples.” Thus did he

sow the seeds of German maritime ambition.

If I were asked to select the most characteristic of Treitschke’s

works I should be inclined to choose the vehement little pamphlet _Was

fordern wir von Frankreich?_ in which he insisted on the annexation

of Alsace-Lorraine. It is at once the vindication of Prussian policy,

and, in the light of the last forty-four years, its condemnation.

Like Mommsen, who wrote in much the same strain at the same time, he

insisted that the people of the conquered provinces must be “forced to

be free,” that Morality and History (which for him are much the same

thing) proclaim they are German without knowing it.

We Germans, who know Germany and France, know better what is good

for Alsace than the unhappy people themselves, who through their

French associations have lived in ignorance of the new Germany.

We will give them back their own identity against their will. We

have in the enormous changes of these times too often seen in

glad astonishment the immortal working of the moral forces of

History (“das unsterbliche Fortwirken der sittlichen Mächte der

Geschichte”) to be able to believe in the unconditional value of a

plebiscite on this matter. We invoke the men of the past against

the present.

The ruthless pedantry of this is characteristically Prussian. It is

easy to appeal to the past against the present, to the dead against

the living. Dead men tell no tales. It was, he admitted, true that the

Alsatians did not love the Germans. These “misguided people” betrayed

“that fatal impulse of Germans” to cleave to other nations than their

own. “Well may we Germans be horrified,” he adds, “when to-day we see

these German people rail in German speech like wild beasts against

their own flesh and blood as ‘German curs’ (‘deutschen Hunde’) and

‘stink-Prussians’ (‘Stinkpreussen’).” Treitschke was too honest to deny

it. There was, he ruefully admitted, something rather unlovely about

the “civilizing” methods of Prussia. “Prussia has perhaps not always

been guided by genial men.” But, he argued, Prussia united under the

new Empire to the rest of Germany would become humanized and would

in turn humanize the new subject-peoples. Well, the forty-four years

that have elapsed since Treitschke wrote have refuted him. Instead of

a Germanized Prussia, we see a Prussianized Germany. Her “geniality”

is the geniality of Zabern. The Poles, the Danes, and the Alsatians

are still contumacious. Treitschke appealed to History and History has

answered him.

Had he never any misgivings? Yes. After twenty-five years, and within

a month of his death, this Hebrew prophet looking round in the year

of grace 1895 on the “culture” of modern Germany was filled with

apprehension. On the twenty-fifth anniversary of Sedan he delivered an

address in the University of Berlin which struck his fond disciples

dumb. The Empire, he declared, had disarmed her enemies neither without

nor within.

In every direction our manners have deteriorated. The respect

which Goethe declared to be the true end of all moral education

disappears in the new generation with a giddy rapidity: respect of

God, respect for the limits which nature and society have placed

between the two sexes; respect for the Fatherland, which is every

day disappearing before the will-of-the-wisp of an indulgent

humanity. The more culture extends, the more insipid it becomes;

men despise the profundity of the ancient world and consider only

that which subserves their immediate end.

The things of the mind, he cried, had lost their hold on the German

people. Every one was eager to get rich and to relieve the monotony of

a vain existence by the cult of idle and meretricious pleasures. The

signs of the times were everywhere dark and gloomy. The new Emperor

(William the Second), he had already hinted, was a dangerous charlatan.

The wheel had come full circle. Fustel de Coulanges was justified of

his prophecy. And the handwriting on the walls of Destiny was never

more legible than now.

CONCLUSION

The contemplation of History, so a great master of the art has told

us, may not make men wise but it is sure to make them sad. The austere

Muse has never had a sadder page to show than that which is even now

being added to her record. We see now the full fruition of the German

doctrine of the beatitude of War. In sorrow and in anguish, in anguish

and in darkness, Belgium is weeping for her children and will not be

comforted because they are not. The invader has spared neither age nor

sex, neither rank nor function, and every insult that malice could

invent, or insolence inspire, has been heaped upon her bowed head.

The hearths are cold, the altars desecrated, the fields untilled, the

granaries empty. The peasant watches the heavens but he may not sow,

he has regarded his fields but he might not reap. The very stones in

her cities cry out; hardly one of them is left upon another. No nation

had ever given Europe more blithe and winning pledges of her devotion

to the arts of peace. The Flemish school of painters had endowed the

world with portraits of a grave tenderness which posterity might always

admire but could never imitate. The chisels of her medieval craftsmen

had left us a legacy of buoyant fancy in stone whose characters were

alive for us with the animation of the Canterbury Tales. All this the

invader has stamped out like the plague. A once busy and thriving

community begs its bread in alien lands. Never since the captivity of

Babylon has there been so tragic an expatriation. Yet noble in her

sorrow and exalted in her anguish, Belgium, like some patient caryatid,

still supports the broken architrave of the violated Treaty. Her little

army is still unconquered, her spirit is never crushed. She will arise

purified by her sorrow and ennobled by her suffering, and generations

yet unborn shall rise up to call her blessed.

THE WAR BOOK OF THE

GERMAN GENERAL STAFF

INTRODUCTION

[Sidenote: What is a State of War.]

The armies of belligerent States on the outbreak of hostilities, or

indeed the moment war is declared, enter into a certain relation with

one another which is known by the name of “A State of War.” This

relationship, which at the beginning only concerns the members of the

two armies, is extended, the moment the frontier is crossed, to all

inhabitants of the enemy’s State, so far as its territory is occupied;

indeed it extends itself ultimately to both the movable and immovable

property of the State and its citizens.

[Sidenote: Active Persons and Passive.]

A distinction is drawn between an “active” and a “passive” state of

war. By the first is to be understood the relation to one another of

the actual fighting organs of the two belligerents, that is to say,

of the persons forming the army, besides that of the representative

heads of the State and of the leaders. By the second term, _i.e._, the

“passive” state of war, on the other hand, is to be understood the

relationship of the hostile army to those inhabitants of the State, who

share in the actual conduct of war only in consequence of their natural

association with the army of their own State, and who on that account

are only to be regarded as enemies in a passive sense. As occupying an

intermediate position, one has often to take into account a number of

persons who while belonging to the army do not actually participate in

the conduct of hostilities but continue in the field to pursue what is

to some extent a peaceful occupation, such as Army Chaplains, Doctors,

Medical Officers of Health, Hospital Nurses, Voluntary Nurses, and

other Officials, Sutlers, Contractors, Newspaper Correspondents and the

like.

[Sidenote: That War is no Respecter of Persons.]

Now although according to the modern conception of war, it is

primarily concerned with the persons belonging to the opposing armies,

yet no citizen or inhabitant of a State occupied by a hostile army

can altogether escape the burdens, restrictions, sacrifices, and

inconveniences which are the natural consequence of a State of War.

A war conducted with energy cannot be directed merely against the

combatants of the Enemy State and the positions they occupy, but it

will and must in like manner seek to destroy the total intellectual[38]

and material resources of the latter.[39] Humanitarian claims such

as the protection of men and their goods can only be taken into

consideration in so far as the nature and object of the war permit.

[Sidenote: The Usages of War.]

Consequently the “argument of war” permits every belligerent State

to have recourse to all means which enable it to attain the object

of the war; still, practise has taught the advisability of allowing

in one’s own interest the introduction of a limitation in the use of

certain methods of war and a total renunciation of the use of others.

Chivalrous feelings, Christian thought, higher civilization and, by no

means least of all, the recognition of one’s own advantage, have led

to a voluntary and self-imposed limitation, the necessity of which is

to-day tacitly recognized by all States and their armies. They have

led in the course of time, in the simple transmission of knightly

usage in the passages of arms, to a series of agreements, hallowed by

tradition, and we are accustomed to sum these up in the words “usage

of war” (Kriegsbrauch), “custom of war” (Kriegssitte), “or fashion of

war” (Kriegsmanier). Customs of this kind have always existed, even in

the times of antiquity; they differed according to the civilization

of the different nations and their public economy, they were not

always identical, even in one and the same conflict, and they have in

the course of time often changed; they are older than any scientific

law of war, they have come down to us unwritten, and moreover they

maintain themselves in full vitality; they have therefore won an

assured position in standing armies according as these latter have been

introduced into the systems of almost every European State.

[Sidenote: Of the futility of Written Agreements as Scraps of Paper.]

The fact that such limitations of the unrestricted and reckless

application of all the available means for the conduct of war, and

thereby the humanization of the customary methods of pursuing war

really exist, and are actually observed by the armies of all civilized

States, has in the course of the nineteenth century often led to

attempts to develop, to extend, and thus to make universally binding

these preexisting usages of war; to elevate them to the level of

laws binding nations and armies, in other words to create a _codex

belli_; a law of war. All these attempts have hitherto, with some few

exceptions to be mentioned later, completely failed. If, therefore, in

the following work the expression “the law of war” is used, it must

be understood that by it is meant not a _lex scripta_ introduced by

international agreements; but only a reciprocity of mutual agreement;

a limitation of arbitrary behavior, which custom and conventionality,

human friendliness and a calculating egotism have erected, but for the

observance of which there exists no express sanction, but only “the

fear of reprisals” decides.

[Sidenote: The “flabby emotion” of Humanitarianism.]

Consequently the usage of war is even now the only means of regulating

the relations of belligerent States to one another. But with the idea

of the usages of war will always be bound up the character of something

transitory, inconstant, something dependent on factors outside the

army. Nowadays it is not only the army which influences the spirit

of the customs of war and assures recognition of its unwritten laws.

Since the almost universal introduction of conscription, the peoples

themselves exercise a profound influence upon this spirit. In the

modern usages of war one can no longer regard merely the traditional

inheritance of the ancient etiquette of the profession of arms, and the

professional outlook accompanying it, but there is also the deposit

of the currents of thought which agitate our time. But since the

tendency of thought of the last century was dominated essentially by

humanitarian considerations which not infrequently degenerated into

sentimentality and flabby emotion (_Sentimentalität und weichlicher

Gefühlsschwärmerei_) there have not been wanting attempts to influence

the development of the usages of war in a way which was in fundamental

contradiction with the nature of war and its object. Attempts of this

kind will also not be wanting in the future, the more so as these

agitations have found a kind of moral recognition in some provisions of

the Geneva Convention and the Brussels and Hague Conferences.

[Sidenote: Cruelty is often “the truest humanity.”]

[Sidenote: The perfect Officer.]

Moreover the officer is a child of his time. He is subject to the

intellectual[40] tendencies which influence his own nation; the more

educated he is the more will this be the case. The danger that, in

this way, he will arrive at false views about the essential character

of war must not be lost sight of. The danger can only be met by a

thorough study of war itself. By steeping himself in military history

an officer will be able to guard himself against excessive humanitarian

notions, it will teach him that certain severities are indispensable

to war, nay more, that the only true humanity very often lies in a

ruthless application of them. It will also teach him how the rules

of belligerent intercourse in war have developed, how in the course

of time they have solidified into general usages of war, and finally

it will teach him whether the governing usages of war are justified

or not, whether they are to be modified or whether they are to be

observed. But for a study of military history in this light, knowledge

of the fundamental conceptions of modern international and military

movements is certainly necessary. To present this is the main purpose

of the following work.

PART I

THE USAGES OF WAR IN REGARD TO THE HOSTILE ARMY

CHAPTER I

WHO BELONGS TO THE HOSTILE ARMY?

[Sidenote: Who are Combatants and who are not.]

Since the subjects of enemy States have quite different rights and

duties according as they occupy an active or a passive position, the

question arises: Who is to be recognized as occupying the active

position, or what amounts to the same thing--Who belongs to the hostile

army? This is a question of particular importance.

According to the universal usages of war, the following are to be

regarded as occupying an active position:

1. The heads of the enemy’s state and its ministers, even though

they possess no military rank.

2. The regular army, and it is a matter of indifference whether

the army is recruited voluntarily or by conscription; whether

the army consists of subjects or aliens (mercenaries); whether

it is brought together out of elements which were already in

the service in time of peace, or out of such as are enrolled

at the moment of mobilization (militia, reserve, national

guard and Landsturm).

3. Subject to certain assumptions, irregular combatants, also,

_i.e._, such as are not constituent parts of the regular army,

but have only taken up arms for the length of the war, or,

indeed, for a particular task of the war.

[Sidenote: The Irregular.]

Only the third class of persons need be more closely considered. In

their case the question how far the rights of an active position are

to be conceded to them has at all times been matter of controversy,

and the treatment of irregular troops has in consequence varied

considerably. Generally speaking the study of military history leads

to the conclusion that the Commanding Officers of regular armies

were always inclined to regard irregular troops of the enemy with

distrust, and to apply to them the contemporary laws of war with

peculiar severity. This unfavorable prejudice is based on the ground

that the want of a military education and of stern discipline among

irregular troops, easily leads to transgressions and to non-observance

of the usages of war, and that the minor skirmishes which they prefer

to indulge in, and which by their very nature lead to individual

enterprise, open the door to irregularity and savagery, and easily

deteriorate into robbery and unauthorized violence, so that in every

case the general insecurity which it develops engenders bitterness,

fury, and revengeful feelings in the harassed troops, and leads to

cruel reprisals. Let any one read the combats of the French troops in

the Spanish Peninsula in the years 1808 to 1814, in Tyrol in 1809,

in Germany in 1813, and also those of the English in their different

Colonial wars, or again the Carlist Wars, the Russo-Turkish War,

and the Franco-Prussian War,[41] and one will everywhere find this

experience confirmed.

[Sidenote: Each State must decide for itself.]

If these points of view are on the whole decisive against the

employment of irregular troops, yet on the other hand, it must be left

to each particular State to determine how far it will disregard such

considerations; from the point of view of international law no State

is compelled to limit the instruments of its military operations to

the standing army. It is, on the contrary, completely justified in

drawing upon all the inhabitants capable of bearing arms, entirely

according to its discretion, and in imparting to them an authorization

to participate in the war.

[Sidenote: The necessity of Authorization.]

This public authorization has therefore been until quite recently

regarded as the presumed necessary condition of any recognition of

combatant rights.

[Sidenote: Exceptions which prove the rule.]

[Sidenote: The Free Lance.]

Of course there are numerous examples in military history in which

irregular combatants have been recognized as combatants by the enemy,

without any public authorization of the kind; thus in the latest wars

of North America, Switzerland, and Italy, and also in the case of the

campaign (without any kind of commission from a State) of Garibaldi

against Naples and Sicily in the year 1860. But in all these cases

the tacitly conceded recognition originated not out of any obligatory

principles of international law or of military usage, but simply and

solely out of the fear of reprisals. The power to prevent the entrance

on the scene of these irregular partizans did not exist, and it was

feared that by not recognizing their quality as combatants the war a

cruel character might be given, and consequently that more harm than

good might result to the parties themselves. On the other hand there

has always been a universal consensus of opinion against recognizing

irregulars who make their appearance individually or in small bands,

and who conduct war in some measure on their own account (auf eigene

Faust) detached from the army, and such opinion approves of the

punishment of these offenders with death.

This legal attitude which denies every unauthorized rising and

identifies it with brigandage was taken up by the revolutionary armies

of France towards the insurrection in La Vendée, and again by Napoleon

in his proceedings against Schill and Dörnberg in the year 1809, and

again by Wellington, Schwarzenberg, and Blücher, in the Proclamations

issued by them in France in the year 1814, and the German Army adopted

the same standpoint in the year 1870-71, when it demanded that: “Every

prisoner who wishes to be treated as a prisoner of war must produce

a certificate as to his character as a French soldier, issued by the

legal authorities, and addressed to him personally, to the effect that

he has been called to the Colors and is borne on the Roll of a corps

organized on a military footing by the French Government.”

[Sidenote: Modern views.]

In the controversies which have arisen since the war of 1870-71 over

the different questions of international law and the laws of war,

decisive emphasis has no longer been placed upon the question of public

authorization, and it has been proposed, on grounds of expediency,

to recognize as combatants such irregulars as are indeed without an

express and immediate public authorization, but who are organized in

military fashion and are under a responsible leader. The view here

taken was that by a recognition of these kind of irregular troops the

dangers and horrors of war would be diminished, and that a substitute

for the legal authorization lacking in the case of individuals offers

itself in the military organization and in the existence of a leader

responsible to his own State.

Moreover the Brussels Declaration of August 27, 1874, and in

consonance with it the _Manual of the Institute of International Law_,

desire as the first condition of recognition as combatants “that they

have at their head a personality who is responsible for the behavior of

those under him to his own Government.”[42]

[Sidenote: The German Military View.]

Considered from the military point of view there is not much objection

to the omission of the demand for public authorization, so soon as

it becomes a question of organized detachments of troops, but in the

case of hostile individuals who appear on the scene we shall none the

less be unable to dispense with the certificate of membership of an

organized band, if such individuals are to be regarded and treated as

lawful belligerents.

But the organization of irregulars in military bands and their

subjection to a responsible leader are not by themselves sufficient

to enable one to grant them the status of belligerents; even more

important than these is the necessity of being able to recognize them

as such and of their carrying their arms openly. The soldier must know

who he has against him as an active opponent, he must be protected

against treacherous killing and against any military operation which is

prohibited by the usages of war among regular armies. The chivalrous

idea which rules in the regular armies of all civilized States always

seeks an open profession of one’s belligerent character. The demand

must, therefore, be insisted on that irregular troops, although not in

uniform, shall at least be distinguishable by visible signs which are

recognizable at a distance.[43] Only by such means can the occurrence

of misuse in the practise of war on the one side, and the tragic

consequences of the non-recognition of combatant status on the other,

be made impossible. The Brussels Declarations also therefore recommend,

in Art. 9 (2 and 3), that they, _i.e._, the irregular troops, should

wear a fixed sign which is visible from a distance, and that they

should carry their weapons openly. The Hague Convention adds to these

three conditions yet a fourth, “That they observe the laws and usages

of war in their military operations.”

[Sidenote: The Levée en masse.]

[Sidenote: The Hague Regulations will not do.]

[Sidenote: A short way with the Defender of his Country.]

This condition must also be maintained if it becomes a question

of the _levée en masse_, the arming of the whole population of the

country, province, or district; in other words the so-called people’s

war or national war.[44] Starting from the view that one can never

deny to the population of a country the natural right of defense of

one’s fatherland, and that the smaller and consequently less powerful

States can only find protection in such _levées en masse_, the

majority of authorities on International law have, in their proposals

for codification, sought to attain the recognition on principle of

the combatant status of all these kinds of people’s champions, and

in the Brussels declaration and the Hague Regulations the aforesaid

condition[45] is omitted. As against this one may nevertheless remark

that the condition requiring a military organization and a clearly

recognizable mark of being attached to the enemy’s troops, is not

synonymous with a denial of the natural right of defense of one’s

country. It is therefore not a question of restraining the population

from seizing arms but only of compelling it to do this in an organized

manner. Subjection to a responsible leader, a military organization,

and clear recognizability cannot be left out of account unless the

whole recognized foundation for the admission of irregulars is going

to be given up altogether, and a conflict of one private individual

against another is to be introduced again, with all its attendant

horrors, of which, for example, the proceedings in Bazeilles in

the last Franco-Prussian War afford an instance. If the necessary

organization does not really become established--a case which is by no

means likely to occur often--then nothing remains but a conflict of

individuals, and those who conduct it cannot claim the rights of an

active military status. The disadvantages and severities inherent in

such a state of affairs are more insignificant and less inhuman than

those which would result from recognition.[46]

The War Book of the German General Staff Being "The Usages of War on Land" Issued by the Great General Staff of the German Army · 第 1 / 9 章