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On War
by
Here, therefore, is one spoke in the wheel for so vast a change as war dethroned, viz., that you see no cause, though you should travel round the whole horizon, adequate to so prodigious an effect. What could do it? Why, Christianity could do it. Aye, true; but man disarms Christianity. And no mock Christianity, no lip homage to Christianity, will answer.
But is war, then, to go on for ever? Are we never to improve? Are nations to conduct their intercourse eternally under the secret understanding that an unchristian solution of all irreconcileable feuds stands in the rear as the ultimate appeal? I answer that war, going on even for ever, may still be for ever amending its modes and its results upon human happiness; secondly, that we not only are under no fatal arrest in our process of improvement, but that, as regards war, history shows how steadily we have been improving; and, thirdly, that although war may be irreversible as the last resource, this last resource may constantly be retiring further into the rear. Let us speak to this last point. War is the last resource only, because other and more intellectual resources for solving disputes are not available. And why are they not? Simply, because the knowledge, and the logic, which ultimately will govern the case, and the very circumstances of the case itself in its details, as the basis on which this knowledge and logic are to operate, happen not to have been sufficiently developed. A code of law is not a spasmodic effort of gigantic talent in any one man or any one generation; it is a slow growth of accidents and occasions expanding with civilization; dependent upon time as a multiform element in its development; and presupposing often a concurrent growth of analogous cases towards the completion of its system. For instance, the law which regulates the rights of shipping, seafaring men, and maritime commerce–how slow was its development! Before such works as the Consolato del Mare had been matured, how wide must have been the experience, and how slow its accumulation! During that long period of infancy for law, how many must have been the openings for ignorant and unintentional injustice! How differently, again, will the several parties to any transaction construe the rights of the case! Discussion, without rules for guiding it, will but embitter the dispute. And in the absence of all guidance from the intellect, gradually weaving a common standard of international appeal, it is clear that nations must fight, and ought to fight. Not being convinced, it is base to pretend that you are convinced; and failing to be convinced by your neighbor’s arguments, you confess yourself a poltroon (and moreover you invite injuries from every neighbor) if you pocket your wrongs. The only course in such a case is to thump your neighbor, and to thump him soundly for the present. This treatment is very serviceable to your neighbor’s optics; he sees things in a new light after a sufficient course of so distressing a regimen. But mark, even in this case, war has no tendency to propagate war, but tends to the very opposite result. To thump is as costly, and in other ways as painful, as to be thumped. The evil to both sides arises in an undeveloped state of law. If rights were defined by a well considered code growing out of long experience, each party sees that this scourge of war would continually tend to limit itself. Consequently the very necessity of war becomes the strongest invitation to that system of judicial logic which forms its sole limitation. But all war whatsoever stands in these circumstances. It follows that all war whatever, unless on the brutal principle of a Spartan warfare, that made war its own sufficient object and self-justification, operates as a perpetual bounty offered to men upon the investigation and final adjudication of those disputed cases through which war prospers. Hence it is, viz., because the true boundaries of reciprocal rights are for ever ascertaining themselves more clearly, that war is growing less frequent. The fields open to injustice (which originally from pure ignorance are so vast) continually (through deeper and more expansive surveys by man’s intellect–searching–reflecting–comparing) are narrowing themselves; narrowing themselves in this sense, that all nations under a common centre of religious civilization, as Christendom suppose, or Islamism, would not fight–no, and would not (by the national sense of wrong and right) be permitted to fight–in a cause confessedly condemned by equity as now developed. The causes of war that still remain, are causes on which international law is silent–that large arrear of cases as yet unsettled; or else they are cases in which though law speaks with an authentic voice, it speaks in vain, because the circumstances are doubtful; so that, if the law is fixed as a lamp nailed to a wall, yet the incidence of the law on the particular circumstances, becomes as doubtful as the light of the lamp upon objects that are capriciously moving. We see all this illustrated in a class of cases that powerfully illustrate the good and the bad in war, the why and the wherefore, as likewise the why not, and therefore I presume the wherefore not; and this class of cases belongs to the lex vicinitatis. In the Roman law this section makes a great figure. And speaking accurately, it makes a greater in our own. But the reason why this law of neighborhood seems to fill so much smaller a section in ours, is because in English law, being positively a longer section, negatively to the whole compass of our law, it is less. The Roman law would have paved a road to the moon. And what is that expressed in time? Let us see: a railway train, worked at the speed of the Great Western Express, accomplishes easily a thousand miles in twenty-four hours; consequently in two hundred and forty days or eight months it would run into the moon with its buffers, and break up the quarters of that Robinson Crusoe who (and without any Friday) is the only policeman that parades that little pensive appendage or tender to our fuming engine of an earth. But the English law–oh frightful reader, don’t even think of such a question as its relation in space and time to the Roman law. That it would stretch to the fixed stars is plain, but to which of them,–don’t now, dear persecuting reader, unsettle our brains by asking. Enough it is that both in Roman and English law the rights of neighborhood are past measuring. Has a man a right to play the German flute, where the partitions are slender, all day long in the house adjoining to yours? Or, supposing a beneficent jury (beneficent to him) finds this to be no legal nuisance, has he a right to play it ill? Or, because juries, when tipsy, will wink at anything, does the privilege extend to the jew’s-harp? to the poker and tongs? to the marrowbones and cleavers? Or, without ranging through the whole of the Spectator’s culinary music, will the bagpipes be found within benefit of jury law? War to the knife I say, before we’ll submit to that. And if the law won’t protect us against it, then we’ll turn rebels.