Military Manners and Customs. Farrer James Anson

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СКАЧАТЬ or by Suchet, the French general, for driving the helpless women and children into the citadel of Lerida, and for then shelling them all night with the humane object of bringing the governor to a speedier surrender.29

      Writers on the Law of Nations have in fact led us into a Fool’s Paradise about war (which has done more than anything else to keep the custom in existence), by representing it as something quite mild and almost refined in modern times. Vattel, the Swiss jurist, set the example. He published his work on the rights of nations two years after the Seven Years’ War had begun, and he speaks of the European nations in his time as waging their wars ‘with great moderation and generosity,’ the very year before Marshal Belleisle gave orders to make Westphalia a desert. Vattel too it was who first appealed to the amenities that occasionally interrupt hostilities in support of his theory of the generosity of modern warfare.

      But what after all does it come to, if rival generals address each other in terms of civility or interchange acceptable gifts? At Sebastopol, the English Sir Edmond Lyons sent the Russian Admiral Machinoff the present of a fat buck, the latter acknowledging the compliment with the return of a hard Dutch cheese. At Gibraltar, when the men of Elliot’s garrison were suffering severely from scurvy, Crillon sent them a cartload of carrots. These things have always occurred even in the fiercest times of military barbarism. At the siege of Orleans (1429) the Earl of Suffolk sent the French commander Dunois a present of dessert, consisting of figs, dates, and raisins; and Dunois in return sent Suffolk some fur for his cloak; yet there was little limit in those days to the ferocity shown in war by the French and English to one another. A ransom was extorted even for the bodies of the slain. The occasional gleams of humanity in the history of war count for nothing in the general picture of its savagery.

      The jurists in this way have helped to give a totally false colour to the real nature of war; and scarcely a day passes in a modern campaign that does not give the lie to the rules laid down in the ponderous tomes of the international-law writers. It is said that Gustavus Adolphus always had with him in camp a copy of ‘Grotius,’ as Alexander is said to have slept over Homer. The improbability of finding a copy of ‘Grotius’ in a modern camp may be taken as an illustration of the neglect that has long since fallen on the restraints with which our publicists have sought to fetter our generals, and of the futility of all such endeavours.

      All honour to Grotius for having sought to make warfare a few degrees less atrocious than he found it; but let us not therefore deceive ourselves into an extravagant belief in the efficacy of his labours. Kant, who lived later, and had the same problem to face, cherished no such delusion as to the possibility of humanising warfare, but went straight to the point of trying to stop it altogether; and Kant was in every point the better reasoner. Either would doubtless have regarded the other’s reasoning on the subject as Utopian; but which with the better reason?

      Grotius took the course of first stating what the extreme rights of war were, as proved by precedent and usage, and of then pleading for their mitigation on the ground of religion and humanity. In either case he appealed to precedent, and only set the better against the worse; leaving thereby the rights of war in utter confusion, and quite devoid of any principle of measurement.

      Let us take as an illustration of his method the question of the slaughter of women and children. This he began with admitting to be a strict right of war. Profane history supplied him with several instances of such massacres, and so more especially did Biblical history. He refrained, he expressly tells us, from adducing the slaying of the women and children of Heshbon by the Hebrews, or the command given to them to deal in the same way with the people of Canaan, for these were the works of God, whose rights over mankind were far greater than those of man over beasts. He preferred, as coming nearer to the practice of his own time, the testimony of that verse in the Psalms which says, ‘Blessed shall he be who shall dash thy children against a stone.’ Subsequently he withdrew this right of war, by reference to the better precedents of ancient times. It does not appear to have occurred to him that the precedents of history, if we go to them for our rules of war, will prove anything, according to the character of the actions we select. Camillus (in Livy) speaks of childhood as inviolable even in stormed cities; the Emperor Severus, on the other hand, ordered his soldiers to put all persons in Britain to the sword indiscriminately, and in his turn appealed to precedent, the order, namely, of Agamemnon, that of the Trojans not even children in their mothers’ womb should be spared from destruction. The children of Israel were forbidden in their wars to cut down fruit trees; yet when they warred against the Moabites, ‘they stopped all the wells of water and felled all the good trees.’ It was only possible in this way to distinguish the better custom from the worse, not the right from the wrong; either being equally justifiable on a mere appeal to historical instances.

      The rules of war which prevailed in the time of Grotius – the early time of the Thirty Years’ War – may be briefly summarised from his work as follows. The rights of war extended to all persons within the hostile boundaries, the declaration of war being essentially directed against every individual of a belligerent nation. Any person of a hostile nation, therefore, might be slain wherever found, provided it were not on neutral territory. Women and children might be lawfully slain (as it will be shown that they were also liable to be in the best days of chivalry); and so might prisoners of war, suppliants for their lives, or those who surrendered unconditionally. It was lawful to assassinate an enemy, provided it involved no violation of a tacit or express agreement; but it was unlawful to use poison in any form, though fountains, if not poisoned, might be made undrinkable. Anything belonging to an enemy might be destroyed: his crops, his houses, his flocks, his trees, even his sacred edifices, or his places of burial.

      That these extreme rights of war were literally enforced in the seventeenth century admits of no doubt; nor if any of them have at all been mitigated, can we attribute it so much to the humane attempt of Grotius and his followers to set restrictions on the rightful exercise of predominant force, as to the accidental influence of individual commanders. It has been well remarked that the right of non-combatants to be unmolested in war was recognised by generals before it was ever proclaimed by the publicists.30 And the same truth applies to many other changes in warfare, which have been oftener the result of a temporary military fashion, or of new ideas of military expediency, than of obedience to Grotius or Vattel. They set themselves to as futile a task as the proverbial impossibility of whitening the negro; with this result – that the destructiveness of war, its crimes, and its cruelties, are something new even to a world that cannot lose the recollection of the sack of Magdeburg in 1631, or the devastation of the Palatinate in 1689.31

      The publicists have but recognised and reflected the floating sentiments of their time, without giving us any definite principle by which to separate the permissible from the non-permissible practice in war. We have seen how much they are at issue on the use of poison. They are equally at issue as to the right of employing assassination; as to the extent of the legitimate use of fraud; as to the right of beginning a war without declaration; as to the limits of the invader’s rights of robbery; as to the right of the invaded to rise against his invader; or as to whether individuals so rising are to be treated as prisoners of war or hanged as assassins. Let us consider what they have done for us with regard to the right of using savages for allies, or with regard to the rights of the conqueror over the town he has taken by assault.

      The right to use barbarian troops on the Christian battle-field is unanimously denied by all the modern text-writers. Lord Chatham’s indignation against England’s employment of them against her revolted colonies in America availed as little. Towards the end of the Crimean war Russia prepared to arm some savage races within her empire, and brought Circassians into Hungary in 1848.32 France employed African Turcos both against Austria in 1859 and against Prussia in 1870; and it is within the recollection of the youngest what came of the employment by Turkey of Bashi-Bazouks. Are they likely not to be used in future because Bluntschli, Heffter, or Wheaton prohibits them?

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