"In the second Punic war also, after the battle of Cannae, of the ten Romans whom Hannibal sent to Rome bound by an oath that they would return unless they obtained an agreement for the redemption of prisoners, the censors kept disfranchised those who perjured themselves, making no exception in favor of him who had devised a fraudulent evasion of his oath. For when by leave of Hannibal he had departed from the camp, he went back a little later, on pretense of having forgotten something. Then departing again from the camp [without renewing his oath], he counted himself set free from the obligation of his oath. And so he was free so far as the words went, but not so in reality; for always in a promise we must have regard to the meaning of our words, rather than to the words themselves."
In modern times, when Lord Clive, in India, acted on the theory that an utter lack of veracity and good faith on the part of an enemy justified a suspension of all moral obligations toward him, and practiced deceit on a Bengalee by the name of Omichund, in order to gain an advantage over the Nabob of Bengal, he was condemned by the moral sense of the nation for which he thus acted deceitfully; and, in spite of the specious arguments put forth by his partisan defenders, his name is infamous because of this transaction.
"English valor and English intelligence have done less to extend and preserve our Oriental empire than English veracity," says Lord Macaulay. "All that we could have gained by imitating the doublings, the evasions, the fictions, the perjuries, which have been employed against us, is as nothing when compared with what we have gained by being the one power in India on whose word reliance can be placed. No oath which superstition can devise, no hostage however precious, inspires a hundredth part of the confidence which is produced by the 'yea, yea,' and the 'nay, nay,' of a British envoy." Therefore it is that Lord Macaulay is sure that "looking at the question of expediency in the lowest sense of the word, and using no arguments but such as Machiavelli might have employed in his conferences with Borgia, we are convinced that Clive was altogether in the wrong, and that he committed, not merely a crime but a blunder."[1]
[Footnote 1: Macaulay's Essay on Lord Clive.]
So again when an English vessel of war made signals of distress, off the coast of France, during the war with Napoleon, and thereby deceived men from the enemy into coming to its relief, and then held them as prisoners, the act was condemned by the moral sense of the world. As Woolsey says, in his "International Law:"[1] "Breach of faith between enemies has always been strongly condemned, and that vindication of it is worthless which maintains that, without an express or tacit promise to our enemy, we are not bound to keep faith with him."
[Footnote 1: Sect. 133, p. 213.]
The theologian who assumes that the duty of veracity is suspended between enemies in war time is ignorant of the very theory of civilized warfare; or else he fails to distinguish between justifiable concealment, by the aid of methods of mystifying, and falsehood which is never justifiable. And that commander who should attempt to justify falsehood and bad faith in warfare on the ground that it is held justifiable in certain works on Christian ethics, would incur the scorn of the civilized world for his credulity; and he would be told that it is absurd to claim that because he is entitled to kill a man in warfare it must be fair to lie to him.
In the treatment of the medical profession, many writers on ethics have been as unfair, as in their misrepresentation of the general moral sense with reference to warfare. They have spoken as if "the ethics of the medical profession" had a recognized place for falsehood in the treatment of the sick. But this assumption is only an assumption. There are physicians who will lie, and there are physicians who will not lie; and in each case the individual physician acts in this matter on his own responsibility: he has no code of professional ethics justifying a lie on his part as a physician, when it would not be justifiable in a layman.
Concealment of that which he has a right to conceal, is as clearly a duty, in many a case, on the part of a physician, as it is on the part of any other person; but falsehood is never a legitimate, or an allowable, means of concealment by physician or layman. As has been already stated[1] if it be once known that a physician is ever ready to speak words of cheer to a patient falsely, that physician is measurably deprived of the possibility of encouraging a patient by truthful words of cheer when he would gladly do so. And physicians would probably be surprised to know how generally they are estimated in the community according to their reputation in this matter. One is known as a man who will speak falsely to his patients as a means of encouragement, while another is known as a man who will be cautious about giving his opinion concerning chances of recovery, but who will never tell an untruth to a patient or to any other person. But in no case can a physician claim that the ethics of his profession as a profession justify him in a falsehood to any person—patient or no patient.
[Footnote 1: See p. 75 f., supra.]