Such is the statement, with its many proofs, by which war is
exhibited as the Duel of Nations, being the Trial by Battle of the
Dark Ages. You have seen how nations, under existing International
Law, to which all are parties, refer their differences to this
insensate arbitrament,--and then how, in our day and before our
own eyes, two nations eminent in civilization have furnished an
instance of this incredible folly, waging together a world-
convulsing, soul-harrowing, and most barbarous contest. All ask
how long the direful duel will be continued. Better ask, How long
will be continued that War System by which such a duel is
authorized and regulated among nations? When will this legalized,
organized crime be abolished? When at last will it be confessed
that the Law of Right is the same for nations as for individuals,
so that, if Trial by Battle be impious for individuals, it is so
for nations likewise? Against it are Reason and Humanity, pleading
as never before,--Economy, asking for mighty help,--Peace, with
softest voice praying for safeguard,--and then the authority of
Philosophy, speaking by some of its greatest masters,--all
reinforced by the irrepressible, irresistible protest of working-
men in different nations.
Precedents exist for the abolition of this duel, so completely in
point, that, according to the lawyer's phrase, they "go on all
fours" with the new case. Two of these have been already
mentioned: first, when, at the Diet of Worms, in 1495, the Emperor
Maximilian proclaimed a permanent peace throughout Germany, and
abolished the "liberty" of Private War; and, secondly, when, in
1815, the German Principalities stipulated "under no pretext to
make war upon one another, or to pursue their differences by force
of arms." [Footnote: See, _ante_, p. 247.] But first in time,
and perhaps in importance, was the great Ordinance of St. Louis,
King of France, promulgated at a Parliament in 1260, where he
says: "_We forbid battles [i. e. TRIALS BY BATTLE] to all
persons throughout our dominions,... and in place of battles we
put proofs by witnesses_... AND THESE BATTLES WE ABOLISH IN OUR
DOMINIONS FOREVER." [Footnote: "Nous deffendons a tous les
batailles par tout, nostre demengne,.... et on lieu des batailles
nous meton prueves de tesmoins..... Et ces batailles nous ostons
en nostre demaigne a toujours."----_Recueil General des
Anciennes Lois Francaises_, par Jourdan, etc., (Paris, 1822-
33,) Tom. I. pp. 283-90.] These at the time were great words, and
they continue great as an example. Their acceptance by any two
nations would begin the work of abolition, which would be
completed on their adoption by a Congress of Nations, taking from
war its existing sanction.