But this thirst of blood was checked in the days of slavery by the counteracting thirst of money; there having been an obvious motive for giving quarter when a prisoner of war represented something of tangible value, like any other article of booty. The sack of Thebes by Alexander, and its demolition to the sound of the lute, was bad enough; but after the first rage for slaughter was over, there remained 30,000 persons of free birth to be sold as slaves. And in Roman warfare the rule was to sell as slaves those who were taken prisoners in a stormed city; and it must be remembered that many so sold were slaves already.[148] All who were unarmed or who laid down their arms were spared from destruction, as well as from plunder;[149] and for exceptions to this rule, as for instance for the indiscriminate and cruel massacre committed at Illiturji in Spain, there was always at least the pretext of reprisals, or some special military motive.[150]

Cicero, who lived to see the Roman arms triumphant over the world and the conversion of the Roman republic into a military despotism, found occasion to deplore at the same time the debased standard of military honour. He believed that in cruel vindictiveness and rapacity his contemporaries had degenerated from the customs of their ancestors, and he contrasted regretfully the utter destruction of Carthage, Numantia, and Corinth, with the milder treatment of their earlier enemies, the Sabines, Tusculans, and others. He adduced as a proof of the greater ferocity of the war spirit of his day the fact that the only term for an enemy was originally the milder term of stranger, and that it was only by degrees that the word meaning stranger came to have the connotation of hostility. ‘What,’ he asks, ‘could have been added to this mildness, to call him with whom you are at war by so gentle a name as stranger? But now the progress of time has given a harder signification to the word; for it has ceased to apply to a stranger, and has remained the proper term for an actual enemy in arms.’[151]

Is a similar process taking place in modern warfare with regard to the law of reprisals? It is a long leap from ancient Rome to modern Germany; but to Germany, as the chief military Power now in existence, we must turn, in order to understand the law of reprisals as it is interpreted by the practice of a country whose power and example will make her actions precedents in all wars that may occur in future.

The worst feature in reprisals is that they are indiscriminate and more often directed against the innocent than the guilty. To murder women and children, old men, or any one else, on the ground of their connection with an enemy who has committed an action calling for retribution, can be justified by no theory that would not equally apply to a similar parody of justice in civil life. It is a return to the theory and practices of savages, who, if they cannot revenge themselves on a culprit, revenge themselves complacently on some one else. For bodies of peasants to resist a foreign invader by forming ambuscades or making surprises against him, though his advance is marked by fire and pillage and outrage, may be contrary to the laws of war (though that point has never been agreed upon); but to make such attacks the pretext for indiscriminate murder and robbery is an extension of the law of reprisals that was only definitely imported into the military code of Europe by the German invaders of France in 1870.

The following facts, offered in proof of this statement, are taken from a small pamphlet, published during the war by the International Society for Help to the Wounded, and containing only such facts as were attested by the evidence of official documents or of persons whose positions gave them an exceptional title to credit.[152] At one place, where twenty-five francs-tireurs had hidden in a wood and received the Germans with a fusillade, reprisals were carried so far that the curé, rushing into the streets, seized the Prussian captain by the shoulders and entreated mercy for the women and children. ‘No mercy’ was the only reply.[153] At another place twenty-six young men had joined the francs-tireurs; the Baden troops took and shot their fathers.[154] At Nemours, where a body of Uhlans had been surprised and captured by some mobiles, the floors and furniture of several houses were first saturated with petroleum and then fired with shells.[155]

The new theory also was imported into the military code, that a village, by the mere fact of trying to defend itself, constituted itself a place of war which might be legitimately bombarded and, when taken, subjected to the rights of war which still govern the fate of places taken by assault.[156] Nor let it be supposed that those rights were not exercised as rigorously as they ever have been by victorious troops. At Nogent-sur-Seine, the Wurtemburg troops carried their fury to the slaughter of women and children and even of the wounded. And if the belief still lingers that the German troops of the Emperor William behaved otherwise towards the weaker sex than their ancestors in Rome and Italy under the Constable of Bourbon, let the reader refer to the experiences of Clermont, Andernay, or Neuville.[157]

Reprisals beget, of course, reprisals; and had the French and German war been by any accident prolonged, it is appalling to think of the barbarities that would have occurred. ‘Threat for threat,’ wrote Colonel R. Garibaldi to the Prussian commander at Châtillon, in reference to the latter’s resolve to punish the inhabitants of that place for the acts of some francs-tireurs; ‘I give you my assurance that I will not spare one of the 200 Prussians whom you know to be in my hands.’[158] ‘We will fight,’ wrote General Chanzy to the Prussian commander at Vendôme, ‘without truce or mercy, because it is a question now not of fighting loyal enemies, but hordes of devastators.’[159]

Under the theory of legitimate reprisals, the Germans resuscitated the custom of taking hostages. The French having (in accordance with the still recognised but barbarous rule of war) taken prisoners the captains of some German merchant vessels, the Germans retaliated by taking twenty persons of respectable position at Dijon, and nine at Vesoul, and detaining them as hostages. Nor was this an uncommon episode in the campaign: though the sending to Germany as prisoners of war of French merchants, magistrates, lawyers, and doctors, and the making them answerable with their lives and fortunes for actions of their countrymen which they could neither prevent nor repress, was a revival in its worst form of the theory of vicarious punishment, and a direction of hostilities against non-combatants, which was a gross violation of the proclamation of the Prussian king, made at the beginning of the campaign (after the common cant of the leaders of armies), that his forces had no war to wage with the peaceable inhabitants of France.

Even plunder enters into the German law of reprisals. Remiremont in the Vosges had to pay 8,000l. because two German engineers and one soldier had been taken prisoners by the French troops. The usual forced military contributions which the victors exacted did not exclude a system of pillage and devastation that the present age fondly believed to belong only to a past state of warfare. On December 5, 1870, a German soldier wrote to the Cologne Gazette: ‘Since the war has entered upon its present stage it is a real life of brigands we lead. For four weeks we have passed through districts entirely ravaged; the last eight days we have passed through towns and villages where there was absolutely nothing left to take.’ Nor was this plunder only the work of the common military serfs or conscripts, whose miserable poverty might have served as an excuse, but it was conducted by officers of the highest rank, who, for their own benefit, robbed farms and stables of their sheep and horses, and sacked country houses of their works of art, their plate, and even of their ladies’ jewels.[160]

The world, therefore, at least owes this to the Germans, that they have taught us to see war in its true light, by removing it from the realm of romance, where it was decked with bright colours and noble actions, to the region of sober judgment, where the soldier, the thief, and the murderer are seen in scarcely distinguishable colours. They have withdrawn the veil which blinded our ancestors to the evils of war, and which led dreamy humanitarians to believe in the possibility of civilised warfare; so that now the deeds of shame threaten to obscure the deeds of glory. In the middle ages it was the custom to declare a war that was intended to be waged with special fury by sending a man with a naked sword in one hand and a burning torch in the other, to signify that the war so begun was to be one of blood and fire. We have since learnt that there is no need to typify by any peculiar ceremony the character of any particular war; for that the characteristics of all are the same.