Alas! in the existing attitude of nations, the infidel philosopher
and the rhetorical soldier, to say nothing of the giddy general and
the French priest of Mars, find too much support for a theory which
degrades human nature and insults the goodness of God. It is true
that in us are impulses unhappily tending to strife. Propensities
possessed in common with the beast, if not subordinated to what in
man is human, almost divine, will break forth in outrage. This is
the predominance of the animal. Hence wars and fightings, with the
false glory which crowns such barbarism. But the true civilization of
nations, as of individuals, is determined by the extent to which these
evil dispositions are restrained. Nor does the teacher ever more truly
perform his high office than when, recognizing the supremacy of the
moral and intellectual, he calls upon nations, as upon individuals,
to declare independence of the bestial, to abandon practices founded
on this part of our nature, and in every way to beat down that brutal
spirit which is the Genius of War. In making this appeal, he will be
startled as he learns, that, while the municipal law of each Christian
nation, discarding the Arbitrament of Force, provides a judicial
tribunal for the determination of controversies between individuals,
International Law expressly _establishes_ the Arbitrament of War for
the determination of controversies between nations.
Here, then, in unfolding the True Grandeur of Nations, we encounter
a practice, or _custom_, sanctioned by the Law of Nations, and
constituting a part of that law, which exists in defiance of principles
such as no individuals can disown. If it is wrong and inglorious when
individuals _consent and agree_ to determine their petty controversies
by combat, it must be equally wrong and inglorious when nations
_consent and agree_ to determine their vaster controversies by
combat. Here is a positive, precise, and specific evil, of gigantic
proportions, inconsistent with what is truly honorable, making within
the sphere of its influence all true grandeur impossible, which,
instead of proceeding from some uncontrollable impulse of our nature,
is _expressly established and organized by law_.
* * * * *
As all citizens are parties to Municipal Law, and responsible for its
institutions, so are all the Christian nations parties to International
Law, and responsible for its provisions. By recognizing these
provisions, nations _consent and agree_ beforehand to the Arbitrament
of War, precisely as citizens, by recognizing Trial by Jury, _consent
and agree_ beforehand to the latter tribunal. As, to comprehend the
true nature of Trial by Jury, we first repair to the Municipal Law
by which it is established, so, to comprehend the true nature of the
Arbitrament of War, we must first repair to the Law of Nations.
Public-domain text, read in full here on John Shaqi.
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