Perpetual Peace: A Philosophical Essay

[23] This came about in two ways. The Church of Rome discouraged the growth of national sentiment. At the Reformation the independence and unity of the different nations were for the first time recognised. That is to say, the Reformation laid the foundation for a science of international law. But, from another point of view, it not only made such a code of rules possible, it made it necessary. The effect of the Reformation was not to diminish the number of wars in which religious belief could play a part. Moreover, it displaced the Pope from his former position as arbiter in Europe without setting up any judicial tribunal in his stead.

[24] Cf. Cicero: De Officiis, I. xi. “Belli quidem aequitas sanctissime feciali populi Romani jure perscripta est.” (See the reference to Lawrence’s comments on this subject, p. 9 above.)

“Wars,” says Cicero, “are to be undertaken for this end, that we may live in peace without being injured; but when we obtain the victory, we must preserve those enemies who behaved without cruelty or inhumanity during the war: for example, our forefathers received, even as members of their state, the Tuscans, the Æqui, the Volscians, the Sabines and the Hernici, but utterly destroyed Carthage and Numantia.... And, while we are bound to exercise consideration toward those whom we have conquered by force, so those should be received into our protection who throw themselves upon the honour of our general, and lay down their arms,” (op. cit., I. xi., Bohn’s Translation).... “In engaging in war we ought to make it appear that we have no other view but peace.” (op. cit., I. xxiii.)

In fulfilling a treaty we must not sacrifice the spirit to the letter (De Officiis, I. x). “There are also rights of war, and the faith of an oath is often to be kept with an enemy.” (op. cit., III. xxix.)

This is the first statement by a classical writer in which the idea of justice being due to an enemy appears. Cicero goes further. Particular states, he says, (De Legibus, I. i.) are only members of a whole governed by reason.

[25] The saying is attributed to Pompey:—“Shall I, when I am preparing for war, think of the laws?”

[26] This implied, however, the idea of a united Christendom as against the infidel, with which we may compare the idea of a united Hellas against Persia. In such things we have the germ not only of international law, but of the ideal of federation.

[27] See Maine’s Ancient Law, pp. 50-53: pp. 96-101. Grotius wrongly understood “Jus Gentium,” (“a collection of rules and principles, determined by observation to be common to the institutions which prevailed among the various Italian tribes”) to mean “Jus inter gentes.” The Roman expression for International Law was not “Jus Gentium,” but “Jus Feciale.”

“Having adopted from the Antonine jurisconsults,” says Maine, “the position that the Jus Gentium and the Jus Naturæ were identical, Grotius, with his immediate predecessors and his immediate successors, attributed to the Law of Nature an authority which would never perhaps have been claimed for it, if “Law of Nations” had not in that age been an ambiguous expression. They laid down unreservedly that Natural Law is the code of states, and thus put in operation a process which has continued almost down to our own day, the process of engrafting on the international system rules which are supposed to have been evolved from the unassisted contemplation of the conception of Nature. There is, too, one consequence of immense practical importance to mankind which, though not unknown during the early modern history of Europe, was never clearly or universally acknowledged till the doctrines of the Grotian school had prevailed. If the society of nations is governed by Natural Law, the atoms which compose it must be absolutely equal. Men under the sceptre of Nature are all equal, and accordingly commonwealths are equal if the international state be one of nature. The proposition that independent communities, however different in size and power, are all equal in the view of the Law of Nations, has largely contributed to the happiness of mankind, though it is constantly threatened by the political tendencies of each successive age.

It is a doctrine which probably would never have obtained a secure footing at all if International Law had not been entirely derived from the majestic claims of Nature by the Publicists who wrote after the revival of letters.” (Op. cit., p. 100.)

[28] The name “International Law” was first given to the law of nations by Bentham. (Principles of Morals and Legislation, XIX. § xxv.)

[29] In the Peace of Westphalia, 1648, the balance of power in Europe was recognised on the basis of terms such as these.

[30] Grotius, however, is a painstaking student of Scripture, and is willing to say something in favour of peace—not a permanent peace, that is to say, the idea of which would scarcely be likely to occur to anyone in the early years of the seventeenth century—but a plea for fewer, shorter wars. “If therefore,” he says, “a peace sufficiently safe can be had, it is not ill secured by the condonation of offenses, and damages, and expenses: especially among Christians, to whom the Lord has given his peace as his legacy. And so St. Paul, his best interpreter, exhorts us to live at peace with all men.... May God write these lessons—He who alone can—on the hearts of all those who have the affairs of Christendom in their hands.” (De Jure Belli et Pacis, III. Ch. XXV., Whewell’s translation.)

See also op. cit., II., Ch. XXIII., Sect. VIII., where Grotius recommends that Congresses of Christian Powers should be held with a view to the peaceful settlement of international differences.

[31] Puffendorf’s best known work, De Jure Naturæ et Gentium, was published in 1672.

[32]Le Droit des Gens was published in 1758 and translated into English by Joseph Chitty in 1797, (2nd ed., 1834).

[33]Mémoires ou Œconomies Royales D’Estat, Domestiques, Politiques et Militaires de Henri le Grand, par Maximilian de Bethune, Duc de Sully.

[34] See International Tribunals (1899), p. 20 seq. Penn’s Essay towards the Present and Future Peace of Europe was written about 1693, but is not included in all editions of his works.

[35]Projet de traité pour rendre la paix perpétuelle entre les souverains chrétiens. The first two volumes of this work were published in 1713 (trans. London, 1714); a third volume followed in 1717.

[36] The main articles of this and other peace projects are to be found in International Tribunals, published by the Peace Society.

[37] Professor Lorimer points out that Prussia, then the Duchy of Brandenburg, is not mentioned. (Institutes of the Law of Nations, II. Ch. VII., p. 219.)

[38] The same objection was raised by Leibniz (see his Observations on St. Pierre’s Projet) to the scheme of Henry IV., who, says Leibniz, thought more of overthrowing the house of Austria than of establishing a society of sovereigns.

[39]Project, Art. VI., Eng. trans. (1714), p. 119.

[40] St. Pierre was not blind to this aspect of the question. Among the critical objections which he anticipates to his plan is this,—that it promises too great an increase of strength to the house of France, and that therefore the author would have been wiser to conceal his nationality.

[41] St. Pierre, in what may be called an apology for the wording of the title of his book (above, p. 32, note), justifies his confidence in these words:—“The Pilot who himself seems uncertain of the Success of his Voyage is not likely to persuade the Passenger to embark.... I am persuaded, that it is not impossible to find out Means sufficient and practicable to settle an Everlasting Peace among Christians; and even believe, that the Means which I have thought of are of that Nature.” (Preface to Project, Eng. trans., 1714.)

[42]Leviathan, I. Ch. V.

[43] See too Voltaire’s allusion to St. Pierre in his Dictionary, under “Religion.”

[44] Leibniz regarded the project of St. Pierre with an indifference, somewhat tinged with contempt. In a letter to Grimarest, (Leibnit. Opera, Dutens’ ed., 1768, Vol. V., pp. 65, 66: in Epist., ed. Kortholt., Vol. III., p. 327) he writes:—“I have seen something of M. de St. Pierre’s plan for maintaining perpetual peace in Europe. It reminds me of an inscription outside of a churchyard which ran, ‘Pax Perpetua. For the dead, it is true, fight no more. But the living, are of another mind, and the mightiest among them have little respect for tribunals.’” This is followed by the ironical suggestion that a court of arbitration should be established at Rome of which the Pope should be made president; while at the same time the old spiritual authority should be restored to the Church, and excommunication be the punishment of non-compliance with the arbitral decree. “Such plans,” he adds, “are as likely to succeed as that of M. de St. Pierre. But as we are allowed to write novels, why should we find fault with fiction which would bring back the golden age?” But see also Observations sur le Projet d’une Paix Perpétuelle de M. l’Abbé de St. Pierre (Dutens, V., esp. p. 56) and the letter to Remond de Montmort (ibid. pp. 20, 21) where Leibniz considers this project rather more seriously.

[45] “C’est un livre solide et sensé,” says Rousseau (Jugement sur la Paix Perpétuelle), “et il est très important qu’il existe.” [This Jugement is appended to Rousseau’s Extrait du Projet de Paix Perpétuelle de Monsieur l’Abbé de Saint-Pierre, 1761.]

[46] Cf. Cowper: The Winter Morning Walk:—

“Great princes have great playthings. Some have play’d

At hewing mountains into men, and some

At building human wonders mountain high.

...............

...............

Some seek diversion in the tented field,

And make the sorrows of mankind their sport.

But war’s a game, which, were their subjects wise,

Kings should not play at. Nations would do well

T’extort their truncheons from the puny hands