Now this law of neighborhood, this lex vicinitatis, amongst the Romans, righted itself and settled itself, as amongst ourselves it continues to do, by means of actions or legal suits. If a man poisons us with smoke, we compel him by an action to eat his own smoke, or (if he chooses) to make his chimneys eat it. Here you see is a transmuted war; in a barbarous state, fire and sword would have avenged this invasion of smoke; but amongst civilized men, paper bullets in the form of Qui tam and Scire facias, beat off the enemy. And on the same principle, exactly as the law of international rights clears up its dark places, war gradually narrows its grounds, and the jus gentium defines itself through national attorneys, i. e., diplomatists.

For instance, now I have myself seen a case where a man cultivating a flower-garden, and distressed for some deliverance from his rubbish of dead leaves, litter, straw, stones, took the desperate resolution of projecting the whole upon his neighbor's flower-garden. I, a chance spectator of the outrage, knew too much of this world to lodge any protest against it, on the principle of mere abstract justice; so it would have passed unnoticed, but for the accident that his injured neighbor unexpectedly raised up his head above the dividing wall, and reproached the aggressor with his unprincipled conduct. This aggressor, adding evil to evil, suggested as the natural remedy for his own wrong, that the sufferer should pass the nuisance onwards to the garden next beyond him; from which it might be posted forward on the same principle. The aggrieved man, however, preferred passing it back, without any discount to the original proprietor. Here now, is a ripe case, a causa teterrima, for war between the parties, and for a national war had the parties been nations. In fact, the very same injury, in a more aggravated shape, is perpetrated from time to time by Jersey upon ourselves, and would, upon a larger scale, right itself by war. Convicts are costly to maintain; and Jersey, whose national revenue is limited, being too well aware of this, does us the favor to land upon the coasts of Hampshire, Dorset, &c., all the criminals whom she cannot summarily send back to self-support, at each jail-delivery. 'What are we to do in England?' is the natural question propounded by the injured scoundrels, when taking leave of their Jersey escort. 'Anything you please,' is the answer: 'rise if you can, to be dukes: only never come back hither; since, dukes or no dukes, to the rest of Christendom, to us of the Channel Islands you will always be transported felons.' There is therefore a good right of action, i.e., a good ground of war, against Jersey, on the part of Great Britain, since, besides the atrocious injury inflicted, this unprincipled little island has the audacity to regard our England, (all Europe looking on,) as existing only for the purposes of a sewer or cess-pool to receive her impurities. Some time back I remember a Scottish newspaper holding up the case as a newly discovered horror in the social system. But, in a quiet way Jersey has always been engaged in this branch of exportation, and rarely fails to 'run' a cargo of rogues upon our shore, once or so in the season. What amuses one besides, in this Scottish denunciation of the villany, is, that Scotland [Footnote: To banish them 'forth of the kingdom,' was the euphuismus; but the reality understood was—to carry the knaves, like foxes in a bag, to the English soil, and there unbag them for English use.] of old, pursued the very same mode of jail-delivery as to knaves that were not thought ripe enough for hanging: she carted them to the English border, unchained them, and hurried them adrift into the wilderness, saying—Now, boys, shift for yourselves, and henceforth plunder none but Englishmen.

What I deduce from all this is, that as the feuds arising between individuals under the relation of neighbors, are so far from tending to a hostile result, that, on the contrary, as coming under a rule of law already ascertained, or furnishing the basis for a new rule, they gradually tighten the cords which exclude all opening for quarrel; not otherwise is the result, and therefore the usefulness, of war amongst nations. All the causes of war, the occasions upon which it is likely to arise, the true and the ostensible motives, are gradually evolved, are examined, searched, valued, by publicists; and by such means, in the further progress of men, a comprehensive law of nations will finally be accumulated, not such as now passes for international law, (a worthless code that has no weight in the practice of nations, nor deserves any,) but one which will exhaust the great body of cases under which wars have arisen under the Christian era, and gradually collect a public opinion of Christendom upon the nature of each particular case. The causes that have existed for war are the causes that will exist; or, at least, they are the same under modifications that will simply vary the rule, as our law cases in the courts are every day circumstantiating the particular statute concerned. At this stage of advance, and when a true European opinion has been created, a 'sensus communis,' or community of feeling on the main classifications of wars, it will become possible to erect a real Areopagus, or central congress for all Christendom, not with any commission to suppress wars,—a policy which would neutralize itself by reacting as a fresh cause of war, since high-spirited nations would arm for the purpose of resisting such decrees; but with the purpose and the effect of oftentimes healing local or momentary animosities, and also by publishing the opinion of Europe, assembled in council, with the effect of taking away the shadow of dishonor from the act of retiring from war. Not to mention that the mere delay, involved in the waiting for the solemn opinion of congress, would always be friendly to pacific councils. But would the belligerents wait? That concession might be secured by general exchange of treaties, in the same way that the cooperation of so many nations has been secured to the suppression of the trade in slaves. And one thing is clear, that when all the causes of war, involving manifest injustice, are banished by the force of European opinion, focally converged upon the subject, the range of war will be prodigiously circumscribed. The costliness of war, which, for various reasons has been continually increasing since the feudal period, will operate as another limitation upon its field, concurring powerfully with the public declaration from a council of collective Christendom.

There is, besides, a distinct and separate cause of war, more fatal to the possibilities of peace in Europe than open injustice; and this cause being certainly in the hands of nations to deal with as they please, there is a tolerable certainty that a congress sincerely pacific would cut it up by the roots. It is a cause noticed by Kant in his Essay on Perpetual Peace, and with great sagacity, though otherwise that little work is not free from visionary self-delusions: and this cause lies in the diplomacy of Europe. Treaties of peace are so constructed, as almost always to sow the seeds of future wars. This seems to the inexperienced reader a matter of carelessness or laxity in the choice of expression; and sometimes it may have been so; but more often it has been done under the secret dictation of powerful courts— making peaces only as truces, anxious only for time to nurse their energies, and to keep open some plausible call for war. This is not only amongst the most extensive causes of war, but the very worst: because it gives a colorable air of justice, and almost of necessity to a war, which is, in fact, the most outrageously unjust, as being derived from a pretext silently prepared in former years, with mere subtlety of malice: it is a war growing out of occasions, forged beforehand, lest no occasions should spontaneously arise. Now, this cause of war could and would be healed by a congress, and through an easy reform in European diplomacy.[Footnote: One great nidus of this insidious preparation for war under the very masque of peace, which Kant, from brevity, has failed to particularize, lies in the neglecting to make any provision for cases that are likely enough to arise. A, B, C, D, are all equally possible, but the treaty provides a specific course of action only for A, suppose. Then upon B or C arising, the high contracting parties, though desperately and equally pacific, find themselves committed to war actually by a treaty of lasting peace. Their pacific majesties sigh, and say—Alas! that it should be so, but really fight we must, for what says the treaty?]

It is the strongest confirmation of the power inherent in growing civilization, to amend war, and to narrow the field of war, if we look back for the records of the changes in this direction which have already arisen in generations before our own.

The most careless reviewer of history can hardly fail to read a rude outline of progress made by men in the rights, and consequently in the duties of war through the last twenty-five centuries. It is a happy circumstance for man—that oftentimes he is led by pure selfishness into reforms, the very same as high principle would have prompted; and in the next stage of his advance, when once habituated to an improved code of usages, he begins to find a gratification to his sensibilities, (partly luxurious sensibilities, but partly moral,) in what originally had been a mere movement of self-interest. Then comes a third stage, in which having thoroughly reconciled himself to a better order of things, and made it even necessary to his own comfort, at length he begins in his reflecting moments to perceive a moral beauty and a fitness in arrangements that had emanated from accidents of convenience, so that finally he generates a sublime pleasure of conscientiousness out of that which originally commenced in the meanest forms of mercenary convenience. A Roman lady of rank, out of mere voluptuous regard to her own comfort, revolted from the harsh clamors of eternal chastisements inflicted on her numerous slaves; she forbade them; the grateful slaves showed their love for her; gradually and unintentionally she trained her feelings, when thus liberated from a continual temptation to the sympathies with cruelty, into a demand for gentler and purer excitement. Her purpose had been one of luxury; but, by the benignity of nature still watching for ennobling opportunities, the actual result was a development given to the higher capacities of her heart. In the same way, when the brutal right (and in many circumstances the brutal duty) of inflicting death upon prisoners taken in battle, had exchanged itself for the profits of ransom or slavery, this relaxation of ferocity (though commencing in selfishness) gradually exalted itself into a habit of mildness, and some dim perception of a sanctity in human life. The very vice of avarice ministered to the purification of barbarism; and the very evil of slavery in its earliest form was applied to the mitigation of another evil—war conducted in the spirit of piratical outrage. The commercial instincts of men having worked one set of changes in war, a second set of changes was prompted by instincts derived from the arts of ornament and pomp. Splendor of arms, of banners, of equipages, of ceremonies, and the elaborate forms of intercourse with enemies through conferences, armistices, treaties of peace, &c., having tamed the savagery of war into connection with modes of intellectual grandeur, and with the endless restraints of superstition or scrupulous religion,—a permanent light of civilization began to steal over the bloody shambles of buccaneering warfare. Other modes of harmonizing influences arose more directly from the bosom of war itself. Gradually the mere practice of war, and the culture of war though merely viewed as a rude trade of bloodshed, ripened into an intellectual art. Were it merely with a view to more effectual carnage, this art (however simple and gross at first) opened at length into wide scientific arts, into strategies, into tactics, into castrametation, into poliorcetics, and all the processes through which the first rude efforts of martial cunning finally connect themselves with the exquisite resources of science. War, being a game in which each side forces the other into the instant adoption of all improvements through the mere necessities of self-preservation, became continually more intellectual.

It is interesting to observe the steps by which, were it only through impulses of self-conservation, and when searching with a view to more effectual destructiveness, war did and must refine itself from a horrid trade of butchery into a magnificent and enlightened science. Starting from no higher impulse or question than how to cut throats most rapidly, most safely, and on the largest scale, it has issued even at our own stage of advance into a science, magnificent, oftentimes ennobling, and cleansed from all horrors except those which (not being within man's power utterly to divorce from it) no longer stand out as reproaches to his humanity.

Meantime a more circumstantial review of war, in relation to its motives and the causes assigned for its justification, would expose a series of changes greater perhaps than the reader is aware of. Such a review, which would too much lengthen a single paper, may or may not form the subject of a second. And I will content myself with saying, as a closing remark, that this review will detect a principle of steady advance in the purification and elevation of war—such as must offer hope to those who believe in the possibility of its absolute extermination, and must offer consolation to those who (like myself) deny it.

THE LAST DAYS OF IMMANUEL KANT.

I take it for granted that every person of education will acknowledge some interest in the personal history of Immanuel Kant. A great man, though in an unpopular path, must always be an object of liberal curiosity. To suppose a reader thoroughly indifferent to Kant, is to suppose him thoroughly unintellectual; and, therefore, though in reality he should happen not to regard him with interest, it is one of the fictions of courtesy to presume that he does. On this principle I make no apology to the reader for detaining him upon a short sketch of Kant's life and domestic habits, drawn from the authentic records of his friends and pupils. It is true, that, without any illiberality on the part of the public in this country, the works of Kant are not regarded with the same interest which has gathered about his name; and this may be attributed to three causes—first, to the language in which they are written; secondly, to the supposed obscurity of the philosophy which they teach, whether intrinsic or due to Kant's particular mode of expounding it; thirdly, to the unpopularity of all speculative philosophy, no matter how treated, in a country where the structure and tendency of society impress upon the whole activities of the nation a direction exclusively practical. But, whatever may be the immediate fortunes of his writings, no man of enlightened curiosity will regard the author himself without something of a profounder interest. Measured by one test of power, viz., by the number of books written directly for or against himself, to say nothing of those which he has indirectly modified, there is no philosophic writer whatsoever, if we except Aristotle, who can pretend to approach Kant in the extent of the influence which he has exercised over the minds of men. Such being his claims upon our notice, I repeat that it is no more than a reasonable act of respect to the reader—to presume in him so much interest about Kant as will justify a sketch of his life.