The Duel Between France and GermanySumner, Charles
History
The Duel Between France and Germany
Sumner, Charles
Franco-Prussian War, 1870-1871
The duel continued their established arbiter, until at
last, in 1815, by the Act of Union constituting the Confederation
or United States of Germany, each sovereignty gave up the right of
war with its confederates, setting an example to the larger
nations. The terms of this important stipulation, marking a stage
in German unity, were as follows:--
"The members of the Confederation further bind themselves under no
pretext to make war upon one another, or to pursue their
differences by force of arms, but to submit them to the Diet."
[Footnote: Acte pour la Constitution federative de l'Allemagne du
8 Juin 1815, Art. 11: Archives Diplomatiques, (Stuttgart et
Tubingen, 1821-36,) Vol. IV. p. 15.]
Better words could not be found for the United States of Europe,
in the establishment of that Great Era when the Duel shall cease
to be the recognized Arbiter of Nations.
With this exposition, which I hope is not too long, it is easy to
see how completely a war between two nations is a duel,--and, yet
further, how essential it is to that assured peace which
civilization requires, that the duel, which is no longer tolerated
as arbiter between individuals, between towns, between counties,
between provinces, should cease to be tolerated as such between
nations. Take our own country, for instance. In a controversy
between towns, the local law provides a judicial tribunal; so also
in a controversy between counties. Ascending still higher, suppose
a controversy between two States of our Union; the National
Constitution establishes a judicial tribunal, being the Supreme
Court of the United States. But at the next stage there is a
change. Let the controversy arise between two nations, and the
Supreme Law, which is the Law of Nations, establishes, not a
judicial tribunal, but the duel, as arbiter. What is true of our
country is true of other countries where civilization has a
foothold, and especially of France and Germany. The duel, though
abolished as arbiter at home, is continued as arbiter abroad. And
since it is recognized by International Law and subjected to a
code, it is in all respects an Institution. War is an institution
sanctioned by International Law, as Slavery, wherever it exists,
is an institution sanctioned by Municipal Law. But this
institution is nothing but the duel of the Dark Ages, prolonged
into this generation, and showing itself in portentous barbarism.
WHY THIS PARALLEL NOW?
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