The Duel Between France and Germany

by Charles Sumner

I have already spoken of Guaranty as an essential condition. Indemnity is not essential. At the close of our war with Slavery we said nothing of indemnity. For the life of the citizen there could be no indemnity; nor was it practicable even for the treasure sacrificed. Security for the Future was all that our nation required, and this was found in provisions of Law and Constitution establishing Equal Eights. From various intimations it is evident that Germany will not be content without indemnity in money on a large scale; and it is also evident that France, the aggressor, cannot, when conquered, deny liability to a certain extent. The question will be on the amount. Already German calculators begin to array their unrelenting figures. One of these insists that the indemnity shall not only cover outlay for the German Army,—pensions of widows and invalids,—maintenance and support of French wounded and prisoners,—compensation to Germans expelled from France,—also damage suffered by the territory to be annexed, especially Strasbourg; but it is also to cover indirect damages, large in amount,—as, loss to the nation from change of productive laborers into soldiers,—loss from killing and disabling so many laborers,—and, generally, loss from suspension of trade arid manufactures, depreciation of national property, and diminution of the public revenues:—all of which, according to a recent estimate, reach the fearful sum-total of 4,935,000,000 francs, or nearly one thousand million dollars. Of this sum, 1,255,000,000 francs are on account of the Army, 1,230,000,000 for direct damage, 2,250,000,000 for indirect damage, and 200,000,000 for damage to the reconquered provinces. Still further, the Berlin Chamber of Commerce insists on indemnity not only for actual loss of ships and cargoes from the blockade, but also for damages on account of detention. Much of this many-headed account, which I introduce in order to open the case in its extent, will be opposed by France, as fabulous, consequential, and remote. The practical question will be, Can one nation do wrong to another without paying for the damage, whatever it may be, direct or indirect,— always provided it be susceptible of estimate? Here I content myself with the remark, that, while in the settlement of international differences there is no place for technicality, there is always room for moderation.

GUARANTY OF DISMEMBERMENT.

Vast as may be the claim of indemnity, it opens no question so calculated to touch the sensibilities of France as the claim of guaranty already announced by Germany. On this head we are not left to conjecture. From her first victory we have been assured that Germany would claim Alsace and German Lorraine, with their famous strongholds; and now we have the statement of Count Bismarck, in a diplomatic circular, that he expects to remove the German frontier further west,—meaning to the Vosges Mountains, if not to the Moselle also,—and to convert the fortresses into what he calls "defensive strongholds of Germany."[Footnote: Circular of September 16,1870,—ubi supra, p. 49, Note 1.] Then, with larger view, he declares, that, "in rendering it more difficult for France, from whom all European troubles have so long proceeded, to assume the offensive, we likewise promote the common interest of Europe, which demands the preservation of peace." Here is just recognition of peace as the common interest of Europe, to be assured by disabling France. How shall this be done? The German Minister sees nothing but dismemberment, consecrated by a Treaty of Peace. With diplomatic shears he would cut off a portion of French territory, and, taking from it the name of France, stamp upon it the trade-mark of Germany. Two of its richest and most precious provinces, for some two hundred years constituent parts of the great nation, with that ancient cathedral city, the pride of the Rhine, long years ago fortified by Vauban as "the strongest barrier of France," [Footnote: Voltaire, Siecle de Louis XIV., Ch. XIV: OEuvres, (edit. 1784-89,) Tom. XX. p. 403.] are to be severed, and with them a large and industrious population, which, while preserving the German language, have so far blended with France as to become Frenchmen. This is the German proposition, which I call the Guaranty of Dismemberment.

One argument for this proposition is brushed aside easily. Had the fortune of war been adverse to Germany, it is said, peace would have been dictated at Berlin, perhaps at Koenigsberg, and France would have carried her frontier eastward to the Rhine, dismembering Germany. Such, I doubt not, would have been the attempt. The conception is entirely worthy of that Imperial levity with which the war began. But the madcap menace of the French Empire cannot be the measure of German justice. It is for Germany to show, that, notwithstanding this wildness, she knows how to be just. Dismemberment on this account would be only another form of retaliation; but retaliation is barbarous.

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.

Nor can it be forgotten how inconsistent is the guaranty of Dismemberment with that heroic passion for national unity which is the glory of Germany. National unity is not less the right of France than of Germany; and these provinces, though in former centuries German, and still preserving the German speech, belong to the existing unity of France,—unless, according to the popular song, the German's Fatherland extends

"Far as the German accent rings";

and then the conqueror must insist on Switzerland; and why not cross the Atlantic, to dictate laws in Pennsylvania and Chicago? But this same song has a better verse, calling that the German's Fatherland

"Where in the heart love warmly lies."