The Duel Between France and Germany

Section I. Note Xxii.]--Just As Now Kindred Issues Between Nations

are referred to Trial by Battle; and the early rules governing the duel are reproduced in the Laws of War established by nations to govern the great Trial by Battle. Ascending from the individual to corporations, guilds, villages, towns, counties, provinces, we find that for a long period each of these bodies exercised what was called "the Right of War." The history of France and Germany shows how reluctantly this mode of trial yielded to the forms of reason and order. France, earlier than Germany, ordained "Trial by Proofs," and eliminated the duel from judicial proceedings, this important step being followed by the gradual amalgamation of discordant provinces in the powerful unity of the Nation,----so that Brittany and Normandy, Franche-Comte and Burgundy, Provence and Dauphiny, Gascony and Languedoc, with the rest, became the United States of France, or, if you please, France. In Germany the change was slower; and here the duel exhibits its most curious instances. Not only feudal chiefs, but associations of tradesmen and of domestics sent defiance to each other, and sometimes to whole cities, on pretences trivial as those which have been the occasion of defiance from nation to nation. There still remain to us Declarations of War by a Lord of Frauenstein against the free city of Frankfort, because a young lady of the city refused to dance with his uncle,--by the baker and domestics of the Margrave of Baden against Esslingen, Reutlingen, and other imperial cities,--by the baker of the Count Palatine Louis against the cities of Augsburg, Ulm, and Rottweil,--by the shoe-blacks of the University of Leipsic against the provost and other members,--and by the cook of Eppstein, with his scullions, dairy-maids, and dish-washers, against Otho, Count of Solms. [Footnote: Coxe, History of the House of Austria. (London, 1820) Ch. XIX., Vol. I. p. 378.] This prevalence of the duel aroused the Emperor Maximilian, who at the Diet of Worms put forth an ordinance abolishing the right or liberty of Private War, and instituting a Supreme Tribunal for the determination of controversies without appeal to the duel, and the whole long list of duellists, whether corporate or individual, including nobles, bakers, shoe-blacks, and cooks, was brought under its pacific rule. Unhappily the beneficent reform stopped half-way, and here Germany was less fortunate than France. The great provinces were left in the enjoyment of a barbarous independence, with the "right" to fight each other. The duel continued their established arbiter, until at last, in 1815, by the Act of Union constituting the Confederation or United States of Germany, each sovereignty gave up the right of war with its confederates, setting an example to the larger nations. The terms of this important stipulation, marking a stage in German unity, were as follows:--

"The members of the Confederation further bind themselves under no pretext to make war upon one another, or to pursue their differences by force of arms, but to submit them to the Diet." [Footnote: Acte pour la Constitution federative de l'Allemagne du 8 Juin 1815, Art. 11: Archives Diplomatiques, (Stuttgart et Tubingen, 1821-36,) Vol. IV. p. 15.]

Better words could not be found for the United States of Europe, in the establishment of that Great Era when the Duel shall cease to be the recognized Arbiter of Nations.

With this exposition, which I hope is not too long, it is easy to see how completely a war between two nations is a duel,--and, yet further, how essential it is to that assured peace which civilization requires, that the duel, which is no longer tolerated as arbiter between individuals, between towns, between counties, between provinces, should cease to be tolerated as such between nations. Take our own country, for instance. In a controversy between towns, the local law provides a judicial tribunal; so also in a controversy between counties. Ascending still higher, suppose a controversy between two States of our Union; the National Constitution establishes a judicial tribunal, being the Supreme Court of the United States. But at the next stage there is a change. Let the controversy arise between two nations, and the Supreme Law, which is the Law of Nations, establishes, not a judicial tribunal, but the duel, as arbiter. What is true of our country is true of other countries where civilization has a foothold, and especially of France and Germany. The duel, though abolished as arbiter at home, is continued as arbiter abroad. And since it is recognized by International Law and subjected to a code, it is in all respects an Institution. War is an institution sanctioned by International Law, as Slavery, wherever it exists, is an institution sanctioned by Municipal Law. But this institution is nothing but the duel of the Dark Ages, prolonged into this generation, and showing itself in portentous barbarism.

WHY THIS PARALLEL NOW?

Therefore am I right, when I call the existing combat between France and Germany a Duel. I beg you to believe that I do this with no idle purpose of illustration or criticism, but because I would prepare the way for a proper comprehension of the remedy to be applied. How can this terrible controversy be adjusted? I see no practical method, which shall reconcile the sensibilities of France with the guaranties due to Germany, short of a radical change in the War System itself. That Security for the Future which Germany may justly exact can be obtained in no way so well as by the disarmament of France, to be followed naturally by the disarmament of other nations, and the substitution of some peaceful tribunal for the existing Trial by Battle. Any dismemberment, or curtailment of territory, will be poor and inadequate; for it will leave behind a perpetual sting. Something better must be done.

SUDDENNESS OF THIS WAR.

Never in history has so great a calamity descended so suddenly upon the Human Family, unless we except the earthquake toppling down cities and submersing a whole coast in a single night. But how small all that has ensued from any such convulsion, compared with the desolation and destruction already produced by this war! From the first murmur to the outbreak was a brief moment of time, as between the flash of lightning and the bursting of the thunder.

At the beginning of July there was peace without suspicion of interruption. The Legislative Body had just discussed a proposition for the reduction of the annual Army Contingent. At Berlin the Parliament was not in session. Count Bismarck was at his country home in Pomerania, the King enjoying himself at Ems. How sudden and unexpected the change will appear from an illustrative circumstance. M. Prevost-Paradol, of rare talent and unhappy destiny, newly appointed Minister to the United States, embarked at Havre on the 1st of July, and reached Washington on the morning of the 14th of July. He assured me that when he left France there was no talk or thought of war. During his brief summer voyage the whole startling event had begun and culminated. Prince Leopold of Hohenzollern-Sigmaringen being invited to become candidate for the throne of Spain, France promptly sent her defiance to Prussia, followed a few days later by formal Declaration of War. The Minister was oppressed by the grave tidings coming upon him so unprepared, and sought relief in self- slaughter, being the first victim of the war. Everything moved with a rapidity borrowed from the new forces supplied by human invention, and the Gates of War swung wide open.

CHALLENGE TO PRUSSIA.

A few incidents exhibit this movement. It was on the 30th of June, while discussing the proposed reduction of the Army, that Emile Ollivier, the Prime-Minister, said openly: "The Government has no kind of disquietude; at no epoch has the maintenance of peace been more assured; on whatever side you look, you see no irritating question under discussion." [Footnote: Journal Officiel du Soir, 3 Juillet 1870.] In the same debate, Gamier-Pages, the consistent Republican, and now a member of the Provisional Government, after asking, "Why these armaments?" cried out: "Disarm, without waiting for others: this is practical. Let the people be relieved from the taxes which crush them, and from the heaviest of all, the tax of blood." [Footnote: Journal Official du Soir, 2 Juillet 1870.] The candidature of Prince Leopold seems to have become known at Paris on the 5th of July. On the next day the Duc de Gramont, of a family famous in scandalous history, Minister of Foreign Affairs, hurries to the tribune with defiance on his lips. After declaring for the Cabinet that no foreign power could be suffered, by placing one of its princes on the throne of Charles the Fifth, to derange the balance of power in Europe, and put in peril the interests and the honor of France, he concludes by saying, in ominous words: "Strong in your support, Gentlemen, and in that of the nation, we shall know how to do our duty without hesitation and without weakness." [Footnote: Ibid., 8 Juillet.]

This defiance was followed by what is called in the report, "general and prolonged movement,--repeated applause"; and here was the first stage in the duel. Its character was recognized at once in the Chamber. Gamier-Pages exclaimed, in words worthy of memory: "It is dynastic questions which trouble the peace of Europe. The people have only reason to love and aid each other." [Footnote: Ibid.] Though short, better than many long speeches. Cremieux, an associate in the Provisional Government of 1848, insisted that the utterance of the Minister was "a menace of war"; and Emmanuel Arago, son of the great Republican astronomer and mathematician, said that the Minister "had declared war." [Footnote: Ibid.]

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