Charles Sumner: his complete works, volume 02 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 02 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Recognizing the irrational and unchristian character of War as
established arbiter between towns, counties, and states, we learn to
condemn it as established arbiter between nations. If wrong in one
case, it must be wrong in the other. But there is another parallel
supplied by history, from which we may form a yet clearer idea: I refer
to the system of _Private Wars_, or, more properly, _Petty Wars_,
which darkened even the Dark Ages. This must not be confounded with
the _Trial by Battle_, although the two were alike in recognizing
the sword as Arbiter of Justice. The _right to wage war_ (_le droit
de guerroyer_) was accorded by the early Municipal Law of European
States, particularly of the Continent, to all independent chiefs,
however petty, but not to vassals; precisely as the _right to wage
war_ is now accorded by International Law to all independent states
and principalities, however petty, but not to subjects. It was
mentioned often among the "liberties" to which independent chiefs were
entitled; as it is still recognized by International Law among the
"liberties" of independent nations. In proportion as any sovereignty
was absorbed in some larger lordship, this offensive _right_ or
"liberty" gradually disappeared. In France it prevailed extensively,
till at last King John, by an ordinance dated 1361, expressly forbade
Petty Wars throughout his kingdom, saying, in excellent words, "We by
these presents ordain that all challenges and wars, and all acts of
violence against all persons, in all parts whatsoever of our kingdom,
shall henceforth cease; and all assemblies, musters, and raids of
men-at-arms or archers; and also all pillages, seizures of goods and
persons illegally, _vengeances and counter-vengeances_, surprisals
and ambuscades.... All which things we will to be kept and observed
everywhere without infringement, on pain of incurring our indignation,
and of being reputed and held disobedient and rebellious towards us and
the crown, and at our mercy in body and goods."[292] It was reserved
for that indefatigable king, Louis the Eleventh, while Dauphin, as late
as 1451, to make another effort in the same direction, by expressly
abrogating one of the "liberties" of Dauphiné, being none other than
the _right of war_, immemorially secured to the inhabitants of this
province.[293] From these royal ordinances the Commonwealth of Nations
might borrow appropriate words, in abrogating forever the Public
Wars, or, more properly, the Grand Wars, with their _vengeances and
counter-vengeances_, which are yet sanctioned by International Law
among the "liberties" of Christian nations.
[292] Cauchy, Du Duel considéré dans ses Origines, Liv. I. Seconde
Époque, Ch. V. Tom. I. pp. 91, 92.
[293] Du Cange, Dissertations sur l'Histoire de St. Louis, Diss.
XXVII. (XXIX.): _Des Guerres Privées_.
Public-domain text, read in full here on John Shaqi.
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