The number of francs mentioned on the Grand Duke of Hesse"s card will have to be paid in full after the war. So will the thousands of requisitions signed by persons of less importance--governors, generals, colonels, majors, men who thought they could ransack all Belgium and the north of France with impunity, giving in exchange mere sc.r.a.ps of paper.
The great cities of Lille, Roubaix, Tourcoing, Laon and Mezieres have been compelled to pay exorbitant levies for war purposes, which have amounted to billions of francs. This was contrary to all international law and to the Hague Tribunal"s regulations. The funds thus illegally extorted will have to be repaid in full. No indemnities--that is understood and is perfectly just. It is precisely because there will not have to be any indemnities that the indemnities already extorted will have to be made good.
Finally, just as France cannot make peace without receiving rest.i.tution and reparation, she cannot make peace without receiving certain guarantees.
Here we approach one of the most complex and difficult aspects of the entire problem, because we find ourselves in the presence of the famous League of Nations. President Wilson, one of the most n.o.ble and generous spirits, one of the greatest figures that has appeared in the entire war, launched if not the idea at least the first definite statement thereof.... And this statement has awakened in all hearts, tired of carnage and slaughter, the same infinite hope that words of goodness, liberty and fraternity always awaken, which evoke the thought of the supreme end towards which humanity tends. The statement has done better than merely move men"s emotions, it has moved men"s thoughts. It has kindled in them a ray of hope which tends to shine more brightly every day in that they know that the civilized world will be truly a civilized world only when it is formed and fashioned in the likeness of a civilized nation. In a civilized nation no one has the right to kill another man, to obtain justice by using force, to commit murder, nor to raise armed bands to shoot, blow up or kill with poisoned gas other men. Tribunals exist to appease differences and to prevent fighting; every citizen is a.s.sociated with every other citizen in the common cause of security and progress.
In a civilized world no nation has the right to ma.s.sacre, no nation ought to have the right to resort to the use of force to obtain justice, no nation ought to have the right to attack, harm, or destroy another nation. There ought to be tribunals to appease the differences of peoples as well as those of individuals; every nation ought to be a.s.sociated with every other nation to a.s.sure the progress of the entire world.
This theory is not only appealing, it is irrefutable. But it is a law for this earth that the most profoundly just and true theories, those which have been most scientifically demonstrated, encounter, when put into practice, obstacles which have not been surmounted and are often insurmountable.
President Wilson, who is not only a great jurist and a n.o.ble idealist, but who also has that genius for realization which is a characteristic of all America, has not failed to appreciate the difficulties which the League of Nations would encounter were it put into practice. And if, in his messages, he has insisted with a force that is every day more eloquent on the necessity of tackling the problem; he has never given a detailed solution for it.
He has done better than that, for he has swept aside certain factors which would have made it absolutely impossible. On the second, of April, 1917, in his immortal declaration of war, he formally declared that "no autocratic government could be trusted to keep faith within a partnership of nations or observe its covenants. It must be a league of honor, a partnership of opinion. Intrigue would eat its vitals away; the plottings of inner circles who could plan what they would and render account to no one, would be a corruption seated at its very heart. Only a free people can hold their purpose and their honor steady to a common end, and prefer the interests of mankind to any narrow interest of their own."
These are admirable words of truth and of philosophic depth, words which deserve to be graven in stone. No autocracy, then, in the League of Nations, no German militarism nor Austrian imperialism in it. No universal league of nations, even, but a limited society, a society of democracies!
Certain hasty critics have observed neither the same prudence nor logic as President Wilson. They have been farther from the truth, much farther from the truth. They have falsified his text, as do all commentators. They have desired to build complete in all details the League of Nations, which only existed in outline. They have succeeded in showing how difficult the construction would be, and they have only been able to set up a house of cards which the first breath of wind would knock down.
For example, this is how one of the most eminent French socialists, M.
Albert Thomas, a man who has given abundant proof of his practical experience and actual talents, formerly the French Minister of Munitions, depicts the League of Nations:
Let us suppose [he wrote on the twenty-fifth of December, 1917], as the mathematicians say, that the problem is solved. Let us suppose that the society of nations, made up of all the nations, had been created by common accord about the year 1910 or 1912. What would it have accomplished?
After the a.s.sa.s.sination of the Archduke Franz Ferdinand, the Hague Tribunal, or perhaps the Washington Tribunal, would have made inquiry into the conditions of the murder. It would have taken certain steps. And if Austria, still dissatisfied, had invaded Serbia for the sake of revenge or to give scope to her ambitious designs, if Germany had joined with her in this, then all the other allied nations, in the performance of their duty, would have entered into a war against the central powers in order to force them to respect the liberties and the integrity of little Serbia.
For there can be no rule without sanction therefore. No international law is possible if there does not exist at the service of this law the "organized force that is superior to that of any nation or to that of any alliance of nations" of which President Wilson speaks.
If the society of nations had existed in 1914 and if Germany had violated its laws, the entire world would have taken military action against Germany by means of war, economic action by means of blockade and of depriving her of the necessities of life. The entire world would have been at war with her and her allies. And in order that the league of nations might continue to exist, in order that the rule of justice, scarcely outlined, could have continued to exist, the victory of the entente powers would have been as necessary as it is today. Mr. Lloyd-George and President Wilson would have said, as they say today, "No league of nations without victory."
The difference is that in 1914 a verdict in the case would have been handed down by the common tribunal of the nations, and that there would have been no possible discussion of the violations of right committed by Germany nor on the responsibility for having caused the war.
The difference would have been that in place of seeing the neutral nations hesitating, frightened by German force, disturbed by German lies, rallying only under the protection of one of the Entente armies, at the moment when they had seen on which side lay right, they would all, at the very beginning, have entered into the battle in fulfillment of their obligations not only on account of their moral responsibility but on account of their clearly understood interests.
Finally the difference is that, the rights of the peoples having been defined clearly, there would have been no moment"s uncertainty nor hesitation concerning the ends of the war.
And it is impossible to doubt that the present situation of the war would have been decidedly different from what it is today.
I have cited the pa.s.sage at length in order to give the critic"s argument its widest scope. But, alas, who does not see the argument"s fallacy? Who does not perceive that this reenforced skysc.r.a.per is a cardboard column liable to fall with the first push that is given it?
Moreover, from the very beginning, the originator of the idea of the society of nations admits the hypothesis of a war and presupposes all the nations in the league are making war against another nation. Even with the society of nations there will still be wars. Even with the society of nations there will be no guarantee of absolute peace.
So we are shown the spectacle, in case of war, of all the nations making war at once, without the least hesitation, without delay, without any discussion, against the people that disturbs the peace of the world. Is it a certainty that this unanimity would result? Is it a certainty that there would be no falling away, no delay? And, granting that there would be none of this, is it a certainty that irremediable catastrophes could be avoided? To consider once more M. Thomas"
example of the war of 1914, let us suppose that there had been at that time a society of nations, that England had had an army, that the United States had had an army, and that the Anglo-American army had not lost a day nor an hour. Is it a certainty that they would have prevented the Germans from being at the gates of Liege on the seventh of August, in Brussels on the nineteenth of August, and before Paris on the second of September? And if today France, England, America, Italy, j.a.pan and four-fifths of the civilized world, in spite of the treasure of heroism and effort that has been expended, have not been able to prevent the present result, is it possible that this would have been obtained with the a.s.sistance of Switzerland, the Scandinavian nations, Holland and Spain?
"The difference," continues M. Thomas, "is that there would not have been the possibility of any discussion of the violation of rights committed by Germany, nor upon what nation rests the responsibility for causing the war." But is that so sure? How was there any discussion in 1914 of the violation of Belgium by Germany? Did not Germany herself, in the teeth of all the world, hurl the avowal of this violation when von Bethmann-Hollweg, in the Reichstag, cynically declared: "We have just invaded Belgium.... Yes, we know that it is contrary to international law; but we were compelled by necessity. And necessity knows no law." What international tribunal"s verdict could have the force of this avowal from the lips of the guilty man?
However, the world has not moved, the world has not trembled, the world is not now up in arms. And who would guarantee that another time when the case will be perhaps less flagrant, the crime more obscure, the aggressor less cynical, the world will tremble and rise in arms?
Moreover, is it always possible to determine the responsibility for war"s origin? Is it always possible, before an international tribunal of arbitration, to throw the proper light and all the light on the course events have taken? Will the judges always be unanimous?
Take the case of the last Balkan War in 1912. Is it possible today, from a six years" perspective, to establish with any degree of cert.i.tude the reasons for its outbreak and determine without hesitation the responsibility for it? Can you affirm with any degree of certainty that a court composed of American, European and Asiatic jurists would be unanimous in condemning Turkey and exonerating Bulgaria? And tomorrow, if the Ukraine should suddenly hurl itself against the Republic of the Don, or if Finland invaded Great Russia, with your international court would you be really in a way to p.r.o.nounce a verdict within five days? And if Sweden took Finland"s part and Germany took Great Russia"s, could you guarantee that Argentina, j.a.pan, Australia and even France would consent to mobilize their fleets and their armies to settle the question of a frontier on the banks of the Neva? Can you guarantee that every war of every Slav republic would have for a correlative the mobilization of the entire world?
And then are you certain that the idea of a society of nations is exactly a new one? Are you certain that there did not exist a society of nations before the outbreak of the present war? Have you never heard that, on the fifteenth of June, 1907, at The Hague, forty-four nations of the civilized world (and Germany was one of the number) a.s.sembled and met together to form such a league? Have you never heard of the treaty that was signed then which, according to the wording at the treaty"s head, had for its object "fixing the laws and usages at war on the land"? Have you never read the terms of this convention, have you never glanced through the sixty-odd articles which today, in the presence of the nameless horrors in which we lend a hand, offer a prodigious interest to actuality?
Glance over these articles--and let us see how they have been applied:
ARTICLE 4 provides that "_prisoners of war must be humanely treated. All their personal belongings, except arms, horses, and military papers, remain their property_." Now all the prisoners held by Germany have, without exception, been spoiled of their money, of their portfolios, of their rings, of their jewels, of their eyegla.s.ses.
ARTICLE 6 says that "_the state may employ as workmen the prisoners of war_," but it is careful in stipulating "_that the work must not be excessive and must have nothing whatever to do with operations of war_." ARTICLE 7 says that "_prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them_." Each of these two articles has been violated since the beginning of the war by the Germans. After the Battle of the Marne, when the advancing French troops of Joffre arrived on the Aisne they found French civilians captured by the Germans and compelled by them to work in the trenches. Moreover, an official report emanating from Mr. Gustave Ador, President of the International Red Cross, now member of the Swiss Federal Council, called the attention of the belligerents as soon as October, 1914, to the bad treatment of the French prisoners in Germany. Each French officer had, as prisoner, a salary of one hundred marks per month, which was not even half of the pay of an under-officer.
ARTICLES 23, 25, 27, and 28 are so interesting that they must be quoted _in extenso_:
ARTICLE 23. In _addition to the prohibitions provided by special conventions, it is especially forbidden_:
(a) _To employ poison or poisoned weapons._
(c) _To kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion._
(d) _To declare that no quarter will be given._
(e) _To employ arms, projectiles, or material calculated to cause unnecessary suffering._
(f) _To make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention._
(g) _To destroy or seize the enemy"s property, unless such destruction or seizure be imperatively demanded by the necessities of war._
(h) _A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent"s service before the commencement of the war._
ARTICLE 25. _The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited._
ARTICLE 27. _In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not being used at the time for military purposes._
ARTICLE 28. _The pillage of a town or place, even when taken by a.s.sault, is prohibited._
It seems that the men of The Hague, when they wrote those articles, had a sort of prescience of the future cruelties of war and that they wanted to avoid them. Let us see how far they have succeeded.
It was forbidden to employ poison or poisoned weapons. No later than last spring when the Germans evacuated certain parts of the north of France instructions emanating from the German general headquarters were found in the pocket of many German prisoners or on the dead, and those instructions indicated how the water of the wells was to be poisoned: "Such and such a soldier," ran instructions, "will be in charge of the wells, will throw in each one a sufficient quant.i.ty of poison or creosote, or, lacking these, all available filth."
It was forbidden to declare that no quarter would be given.
And here is the order of the day issued on August 25, 1914, by General Stenger, commanding the Fifty-eighth German Brigade, to his troops: "After today no more prisoners will be taken. All prisoners are to be killed. Wounded, with or without arms, are to be killed. Even prisoners already grouped in convoys are to be killed. Let not a single living enemy remain behind us."
It was forbidden to pillage a town or locality, even when taken by a.s.sault. And on the corpse of the German private Handschumacher (of the Eleventh Battalion of Jagers, Reserve) in the very earliest days of the war, was found the following diary: "August 8, 1914. Gouvy (Belgium). There, as the Belgians had fired on the German soldiers, we at once pillaged the goods station. Some cases, eggs, shirts, and all eatables were seized. The safe was gutted and the money divided among the men. All securities were torn up."
In fact, pillage and robberies went on on such a high scale during the first months of the war that considerable sums of money were sent from France and Belgium to Germany. A German newspaper, the _Berlin Tageblatt_, of November 26, 1914, implicitly avowed it when, in a technical article on the military treasury ("_Der Zahlmeister im Felde_"), it wrote: "It is curious to note that far more money-orders are sent from the theater of operations to the interior of the country than _vice versa_."
ARTICLE 50 of this Hague Convention states that "_no general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible_." Side by side with this article, it is interesting to reproduce an extract from a proclamation of General von Bulow, posted up at Liege on August 22, 1914: "The inhabitants of the town of Andenne, after having protested their peaceful intentions, treacherously surprised our troops. It is with my full consent that the general in command had the whole place burned, and about a hundred people were shot." Moreover, here is an extract from a proclamation of Major-Commander Dieckmann, posted up at Grivegnee on September 8, 1914: "Every one who does not obey at once the word of command, "Hands up," is guilty of the penalty of death." And finally here is an extract from a proclamation of Marshal Baron von der Goltz, posted up in Brussels on October 5, 1914: "In future all places near the spot where such acts have taken place [destruction of railway lines or telegraph wires]--no matter whether guilty or not--shall be punished without mercy. With this end in view, hostages have been brought from all places near railway lines exposed to such attacks, and at the first attempt to destroy railway lines, telegraph or telephone lines, they will be immediately shot."
ARTICLE 56 of the Hague Convention provides that "_the property of munic.i.p.alities, that of inst.i.tutions dedicated to religion, charity, and education, to the arts and sciences, even when state property, shall be treated as private property. All seizure of, destruction, or willful damage done to inst.i.tutions of this character, historical monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings._"