The Duel Between France and GermanySumner, Charles
History
The Duel Between France and Germany
Sumner, Charles
Franco-Prussian War, 1870-1871
To the argument, that these provinces, with their strongholds, are
needed for the defence of Germany, there is the obvious reply,
that, if cut off from France contrary to the wishes of the local
population, and with the French people in chronic irritation on
this account, they will be places of weakness rather than
strength, strongholds of disaffection rather than defence, to be
held always at the cannon's mouth. Does Germany seek lasting
peace? Not in this way can it be had. A painful exaction, enforced
by triumphant arms, must create a sentiment of hostility in
France, suppressed for a season, but ready at a propitious moment
to break forth in violence; so that between the two conterminous
nations there will be nothing better than a peace where each
sleeps on its arms,--which is but an Armed Peace. Such for weary
years has been the condition of nations. Is Germany determined to
prolong the awful curse? Will her most enlightened people, with
poetry, music, literature, philosophy, science, and religion as
constant ministers, to whom has been opened in rarest degree the
whole book of knowledge, persevere in a brutal policy belonging to
another age, and utterly alien to that superior civilization which
is so truly theirs?
There is another consideration, not only of justice, but of public
law, which cannot be overcome. The people of these provinces are
unwilling to be separated from France. This is enough. France
cannot sell or transfer them against their consent. Consult the
great masters, and you will find their concurring authority.
Grotius, from whom on such a question there can be no appeal,
adjudges: "In the alienation of a part of the sovereignty it is
required _that the part which is to be alienated consent to the
act._" According to him, it must not be supposed "that the body
should have the right of cutting off parts from itself and giving
them into the authority of another."[Footnote: De Jure Belli et
Pads, tr. Whewell, Lib. II. Cap. 6, S: 4] Of the same opinion is
Pufendorf, declaring: "The sovereign who attempts to transfer his
kingdom to another by his sole authority does an act in itself
null and void, and not binding on his subjects. To make such a
conveyance valid, the consent of the people is required, as well
as of the prince." [Footnote: De Jure Naturae et Gentium, Lib.
VIII. Cap. 5, Section 9.] Vattel crowns this testimony, when he
adds, that a province or city, "abandoned and dismembered from the
State, is not obliged to receive the new master proposed to be
given it." [Footnote: Le Droit des Gens, Liv. I. Ch. 21, Section
264.] Before such texts, stronger than a fortress, the soldiers of
Germany must halt.
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