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Military Manners and Customs

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The author surveys the customs, laws, and moral questions surrounding warfare in European history, tracing the evolution of weapons, siege and naval practices, and rules about prisoners, reprisals, and neutrality. He examines legal efforts such as 19th-century international declarations and conferences alongside medieval chivalric conduct and privateering, contrasting formal codes with brutal practice. Chapters discuss the treatment of surrendered garrisons, spies, and non-combatants; the introduction and reception of new weapons; and the motives and economics of war. Throughout, attention is given to the human and ethical dimensions of military ritual and etiquette, illustrated by historical examples and legal debates.

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Title: Military Manners and Customs

Author: James Anson Farrer

Release date: January 9, 2014 [eBook #44635]
Most recently updated: October 23, 2024

Language: English

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Military Manners and Customs


LONDON: PRINTED BY
SPOTTISWOODE AND CO., NEW-STREET SQUARE
AND PARLIAMENT STREET


MILITARY MANNERS
AND CUSTOMS

BY

JAMES ANSON FARRER

AUTHOR OF
‘PRIMITIVE MANNERS AND CUSTOMS’ ‘CRIMES AND PUNISHMENTS’ ETC.

‘Homo homini res sacra’—Seneca

London
CHATTO & WINDUS, PICCADILLY
1885

[The right of translation is reserved.]


PREFACE.

In the present volume I have attempted within the limits of the historical period and of our European civilisation, and without recognising any hard and fast line between ancient and modern, Christian and Pagan, to allude, in the places that seemed most appropriate, to all points in the history of war that appeared to be either of special interest or of essential importance. As examples of such points I may refer to the treatment of prisoners of war, or of surrendered garrisons; the rules about spies and surprises; the introduction of, and feeling about, new weapons; the meaning of parts of military dress; the origin of peculiar customs like the old one of kissing the earth before a charge; the prevalent rules of honour, as displayed in notions of justice in regard to reprisals, or of fairness in stratagems and deception. The necessity of observing in so vast a field the laws of proportion has enforced resort to such condensation, that on subjects which deserve or possess their tomes upon tomes, I have in many cases been unable to spend more than a page or a chapter. It is easier, however, to err on the side of length than of brevity, but on whichever side I have exceeded, I can only hope that others, who may feel the same interest with myself in the subject without having the same time to give to it, may derive a tithe of the pleasure from reading the following nine chapters that I have found in putting them together.

The study, of course, is no new one, but there can be no objection to calling it by the new name of Bellology—a convenient term, quite capable of holding its own with Sociology or its congeners. The only novelty I have aimed at is one of treatment, and consists in never losing sight of the fact that to all military customs there is a moral and human side which has been only too generally ignored in this connection. To read books like Grose’s ‘Military Antiquities,’ one would think their writers were dealing with the manners, not of men but of ninepins, so utterly do they divest themselves of all human interest or moral feeling, in reference to the customs they describe with so laudable but toneless an accuracy.

The starting-point of modern bellological studies will, undoubtedly, always be the Parliamentary Blue Book, containing the reports (less full than one might wish) of the Military International Conference that met at Brussels in 1874, to discuss the existing laws and customs of war, and to consider whether any modification of them were either possible or desirable. Most of the representatives appointed to attend by the several Powers were military men, so that we are carried by their conversation into the actual realities of modern warfare, with an authority and sense of truth that one is conscious of in no other military book. It is to be regretted that such a work, instructive as it is beyond any other on the subject, has never been printed in a form more popular than its official dress. It was from it that I first conceived the idea of the following pages, and in the sequel frequent reference will be made to it, as the source of the most trustworthy military information we possess, and as certain to be for some time to come the standard work on all the actual laws and customs of contemporary warfare.


CONTENTS.

CHAPTER I.

THE LAWS OF WAR.
 PAGE
The prohibition of explosive bullets in war 2
The importance of the Declaration of St. Petersburg of 1868 3
The ultimate triumph of more destructive methods 4
Illustrated by history of the crossbow or the musket 5
Or of cannons, torpedoes, red-hot shot, or the bayonet 5
Numbers slain in modern and earlier warfare 8
The laws of war at the Brussels Conference of 1874 10
Do the laws of war tend to improve? 13
A negative answer suggested from reference 13
 1. To the use of poison in war 14
 2. To the bombardment of towns 15
 3. To the destruction of public buildings 16
 4. To the destruction of crops and fruit-trees 16
 5. To the murder of prisoners or the wounded 17
 6. To the murder of surrendered garrisons 18
 7. To the destruction of fishing-boats 19
 8. To the disuse of the declaration of war 19
 9. To the torture and mutilation of combatants and non-combatants 20
10. To the custom of contributions 20
The futile attempts of Grotius and Vattel to humanise warfare 21
The rights of war in the time of Grotius 24
The futility of international law with regard to laws of war 26
The employment of barbarian troops 26
The taking of towns by assault 27
The laws of war contrasted with the practice 28
War easier to abolish than to humanise 30

CHAPTER II.

WARFARE IN CHIVALROUS TIMES.
Delusion about character of war in days of chivalry 32
The common slaughter of women and children 33
The Earl of Derby’s sack of Poitiers 34
The massacres of Grammont and Gravelines 35
The old poem of the Vow of the Heron 36
The massacre of Limoges by Edward the Black Prince 37
The imprisonment of ladies for ransom 38
Prisoners of war starved to death 39
Or massacred, if no prospect of ransom 41
Or blinded or otherwise mutilated 42
The meaning of a surrender at discretion 44
As illustrated by Edward III. at Calais 44
And by several instances in the same and the next century 45
The practice of burning in aid of war 47
And of destroying sacred buildings 47
The practice of poisoning the air 49
The use of barbarous weapons 50
The influence of religion on war 51
The Church in vain on the side of peace 52
Curious vows of the knights 54
The slight personal danger incurred in war by them 54
The explanation of their magnificent costume 55
Field sports in war-time 56
The desire of gain the chief motive of war 57
The identity of soldiers and brigands 57
The career and character of the Black Prince 59
The place of money in the history of chivalry 61
Its influence as a war-motive between England and France 62
General low character of chivalrous warfare 64

CHAPTER III.

NAVAL WARFARE.
Robbery the first object of maritime warfare 66
The piratical origin of European navies 67
Merciless character of wars at sea 69
Fortunes made by privateering in England 71
Privateers commissioned by the State 72
Privateers defended by the publicists 73
Distinction between privateering and piracy 73
Failure of the State to regulate privateering 74
Privateering condemned by Lord Nelson 77
Privateering abolished by the declaration of Paris in 1856 78
Modern feeling against seizure of private property at sea 79
Naval warfare in days of wooden ships 80
Unlawful methods of maritime war 81
The Emperor Leo VI.’s ‘Treatise on Tactics’ 83
The use of fire-ships 84
Death the penalty for serving in fire-ships 85
Torpedoes originally regarded as ‘bad’ war 85
English and French doctrine of rights of neutrals 86
Enemy’s property under neutral flag secured by Treaty of Paris 87
Shortcomings of the Treaty of Paris with regard to— 
 1. A definition of what is contraband 88
 2. The right of search of vessels under convoy 88
 3. The practice of Embargoes 89
 4. The Jus Angariæ 90
The International Marine Code of the future 91

CHAPTER IV.

MILITARY REPRISALS.
International law on legitimate reprisals 93
The Brussels Conference on the subject 95
Illustrations of barbarous reprisals 97
Instances of non-retaliation 98
Savage reprisals in days of chivalry 100
Hanging the commonest reprisals for a brave defence 101
As illustrated by the warfare of the fifteenth century 102
Survival of the custom to our own times 104
The massacre of a conquered garrison still a law of war 105
The shelling of Strasburg by the Germans 106
Brutal warfare of Alexander the Great 107
The connection between bravery and cruelty 110
The abolition of slavery in its effects on war 112
The storming of Magdeburg, Brescia, and Rome 112
Cicero on Roman warfare 114
The reprisals of the Germans in France in 1870 115
Their revival of the custom of taking hostages 117
Their resort to robbery as a plea of reprisals 118
General Von Moltke on perpetual peace 119
The moral responsibility of the military profession 121
The Press as a potent cause of war 122
Plea for the abolition of demands for unconditional surrender 123
Such as led to the bombardment of Alexandria in 1882 123

CHAPTER V.

MILITARY STRATAGEMS.
Grotius’ theory of fair stratagems 126
The teaching of international law 127
Ancient and modern naval stratagems 127
Early Roman dislike of such stratagems 132
As ambuscades, feigned retreats, or night attacks 132
The degenerate standard of Frontinus and Polyænus 135
The Conference stratagem of modern Europe 136
The distinction between perfidy and stratagem 139
The perfidy of Francis I. 140
Vattel’s theory about spies 141
Frederick the Great’s military instructions about spies 142
Lord Wolseley on spies and truth in war 144
The custom of hanging or shooting spies 145
Better to keep them as prisoners of war 146
Balloonists regarded as spies 147
The practice of military surprises 148
Death formerly the penalty for capture in a surprise 150
Stratagems of uncertain character 151
Such as forged despatches or false intelligence 151
The use of the telegraph in deceiving the enemy 151
May prisoners of war be compelled to propagate lies? 152
General character of the military code of fraud 153

CHAPTER VI.

BARBARIAN WARFARE.
Variable notions of honour 156
Primitive ideas of a military life 156
What is civilised warfare? 158
Advanced laws of war among several savage tribes 159
Symbols of peace among savages 161
The Samoan form of surrender 162
Treaties of peace among savages 162
Abeyance of laws of war in hostilities with savages 163
Zulus blown up in caves with gun-cotton 165
Women and men kidnapped for transport service on the Gold Coast 166
Humane intentions of the Spaniards in the New World 167
Contrasted with the inhumanity of their actions 167
Wars with natives of English and French in America 170
High rewards offered for scalps 171
The use of bloodhounds in war 171
The use of poison and infected clothes 172
Penn’s treaty with the Indians 173
How Missionaries come to be a cause of war 176
Explanation of the failure of modern missions 178
The mission stations as centres of hostile intrigues 179
Plea for the State-regulation of missions 181
Depopulation under Protestant influences 181
The prevention of false rumours—Tendenzlügen 182
Civilised and barbarian warfare 183
No real distinction between them 184

CHAPTER VII.

WAR AND CHRISTIANITY.
The war question at the time of the Reformation 185
The remonstrances of Erasmus against the custom 186
Influence of Grotius on the side of war 187
The war question in the early Church 188
The Fathers against the lawfulness of war 190
Causes of the changed views of the Church 192
The clergy as active combatants for over a thousand years 193
Fighting bishops 193
Bravery in war and ecclesiastical preferment 196
Pope Julius II. at the siege of Mirandola 197
The last fighting bishop 197
Origin and meaning of the declaration of war 198
Superstition in the naming of weapons, ships, &c. 200
The custom of kissing the earth before a charge 201
Connection between religious and military ideas 202
The Church as a pacific agency 204
Her efforts to set limits to reprisals 207
The altered attitude of the modern Church 208
Early Reformers only sanctioned just wars 208
Voltaire’s reproach against the Church 210
Canon Mozley’s sermon on war 212
The answer to his apology 214

CHAPTER VIII.

CURIOSITIES OF MILITARY DISCIPLINE.
Increased severity of discipline 218
Limitation of the right of matrimony 219
Compulsory Church parade and its origin 219
Atrocious military punishments 221
Reasons for the military love of red 223
The origin of bear-skin hats 223
Different qualities of bravery 225
Historical fears for the extinction of courage 225
The conquests of the cause of Peace 227
Causes of the unpopularity of military service 228
The dulness of life in the ranks 228
The prevalence of desertion 230
Articles of war against Malingering 231
Military artificial ophthalmia 233
The debasing influence of discipline 234
Illustrated from the old flogging system 235
The discipline of the Peninsular army 236
Attempts to make the service more popular 239
By raising the private’s wages 239
By shortening his term of service 240
The old recruiting system of France and Germany 241
The conscription imminent in England 242
The question of military service for women 242
The probable results of the conscription 243
Militarism answerable for Socialism 246

CHAPTER IX.

THE LIMITS OF MILITARY DUTIES.
The old feeling of the moral stain of bloodshed 250
Military purificatory customs 250
Modern change of feeling about warfare 252
Descartes on the profession of arms 254
The old-world sentiment in favour of piracy 255
The central question of military ethics 257
May a soldier be indifferent to the cause of war? 257
The right to serve made conditional on a good cause 258
By St. Augustine, Bullinger, Grotius, and Sir James Turner 258
Old Greek feeling about mercenary service 260
Origin of our mercenary as opposed to gratuitous service 260
Armies raised by military contractors 261
The value of the distinction between foreign and native mercenaries 262
Original limitation of military duty 264
To the actual defence of the realm 264
Extension of the notion of allegiance 265
The connection of the military oath with the first Mutiny Act 265
Recognised limits to the claims on a soldier’s obedience 266
The falsity of the common doctrine of duty 266
Illustrated by the devastation of the Palatinate by the French 267
And by the bombardment of Copenhagen by the English 268
The example of Admiral Keppel 270
Justice between nations 271
Its observation in ancient India and Rome 271
St. Augustine and Bayard on justice in war 273
Grotius on good grounds of war 273
The military claim to exemption from moral responsibility 276
The soldier’s first duty to his conscience 279
The admission of this principle involves the end of war 280

MILITARY MANNERS AND CUSTOMS.

CHAPTER I.
THE LAWS OF WAR.

Ce sont des lois de la guerre. Il faut estre bien cruel bien souvent pour venir au bout de son ennemi; Dieu doit estre bien miséricordieux en nostre endroict, qui faisons tant de maux.Marshal Montluc.

The prohibition of explosive bullets in war—The importance of the Declaration of St. Petersburg of 1868—The ultimate triumph of more destructive methods—Illustrated by history of the cross-bow or the musket; or of cannons, torpedoes, red-hot shot, or the bayonet—Numbers slain in modern and earlier warfare—The laws of war at the Brussels Conference of 1874—Do the laws of war tend to improve?—A negative answer suggested from reference: (1) to the use of poison in war; (2) to the bombardment of towns; (3) to the destruction of public buildings; (4) to the destruction of crops and fruit trees; (5) to the murder of prisoners or the wounded; (6) to the murder of surrendered garrisons; (7) to the destruction of fishing boats; (8) to the disuse of the declaration of war; (9) to the torture and mutilation of combatants and non-combatants; (10) to the custom of contributions—The futile attempts of Grotius and Vattel to humanise warfare—The rights of war in the time of Grotius—The futility of international law with regard to laws of war—The employment of barbarian troops—The taking of towns by assault—The laws of war contrasted with the practice—War easier to abolish than to humanise.

It is impossible to head a chapter ‘The Laws of War’ without thinking of that famous chapter on Iceland headed ‘The Snakes of Iceland,’ wherein the writer simply informed his readers that there were none in the country. ‘The laws of war’ make one think of the snakes of Iceland.

Nevertheless, a summary denial of their existence would deprive the history of the battle-field of one of its most interesting features; for there is surely nothing more surprising to an impartial observer of military manners and customs than to find that even in so just a cause as the defence of your own country limitations should be set to the right of injuring your aggressor in any manner you can.

What, for instance, can be more obvious in such a case than that no suffering you can inflict is needless which is most likely permanently to disable your adversary? Yet, by virtue of the International Declaration of St. Petersburg, in 1868, you may not use explosive bullets against him, because it is held that they would cause him needless suffering. By the logic of war, what can be clearer than that, if the explosive bullet deals worse wounds, and therefore inflicts death more readily than other destructive agencies, it should be used? or else that those too should be excluded from the rules of the game—which might end in putting a stop to the game altogether?

The history of the explosive bullet is worth recalling, for its prohibition is a straw to clutch at in these days of military revival. Like the plague, and perhaps gunpowder, it had an Eastern origin. It was used originally in India against elephants and tigers. In 1863 it was introduced into the Russian army, and subsequently into other European armies, for use against ammunition-waggons. But it was not till 1867 that a slight modification in its construction rendered it available for the destruction of mankind. The world owes it to the humanity of the Russian Minister of War, General Milutine, that at this point a pause was made; and as the Czar, Alexander II., was no less humane than his minister, the result was the famous Declaration, signed in 1868 by all the chief Powers (save the United States), mutually foregoing in their future wars by land or sea the use of projectiles weighing less than 400 grammes (to save their use for artillery), either explosive or filled with inflammable substances. The Court of Berlin wished at the time for some other destructive contrivances to be equally excluded, but the English Government was afraid to go further; as if requiring breathing time after so immense an effort to diminish human suffering, before proceeding in so perilous a direction.

The Declaration of St. Petersburg, inasmuch as it is capable of indefinite expansion, is a somewhat awkward precedent for those who in their hearts love war and shield its continuance with apologetic platitudes. How, they ask, can you enforce agreements between nations? But this argument begins to totter when we remember that there is absolutely no superior power or tribunal in existence which can enforce the observance of the St. Petersburg Declaration beyond the conscience of the signatory Powers. It follows, therefore, that if international agreements are of value, there is no need to stop short at this or that bullet: which makes the arbitration-tribunal loom in the distance perceptibly nearer than it did before.

At first sight, this agreement excluding the use of explosive bullets would seem to favour the theory of those who see in every increase in the peril of war the best hope of its ultimate cessation. A famous American statesman is reported to have said, and actually to have appealed to the invention of gunpowder in support of his statement, that every discovery in the art of war has, from this point of view, a life-saving and peace-promoting influence.[1] But it is difficult to conceive a greater delusion. The whole history of war is against it; for what has that history been but the steady increase of the pains and perils of war, as more effective weapons of destruction have succeeded one another? The delusion cannot be better dispelled than by consideration of the facts that follow.

It has often seemed as if humanity were about to get the better of the logical tendency of the military art. The Lateran Council of 1139 (a sort of European congress in its day) not only condemned Arnold of Brescia to be burnt for heresy, but anathematised the cross-bow for its inhumanity. It forbade its use in Christian warfare as alike hateful to God and destructive of mankind.[2] Several brave princes disdained to employ cross-bow shooters, and Innocent III. confirmed the prohibition on the ground that it was not fair to inflict on an enemy more than the least possible injury.[3] The long-bow consequently came into greater use. But Richard I., in spite of Popes or Councils or Chivalry, revived the use of the cross-bow in Europe; nor, though his death by one himself was regarded as a judgment from Heaven, did its use from that time decline till the arquebus and then the musket took its place.

Cannons and bombs were at first called diabolical, because they suggested the malice of the enemy of mankind, or serpentines, because they seemed worse than the poison of serpents.[4] But even cannons were at first only used against fortified walls, and there is a tradition of the first occasion when they were directed against men.[5] And torpedoes, now used without scruple, were called infamous and infernal when, under the name of American Turtles, they were first tried by the American Colonies against the ships of their mother country.

In the sixteenth century, that knight ‘without fear or reproach,’ the Chevalier Bayard, ordered all musketeers who fell into his hands to be slain without mercy, because he held the introduction of fire-arms to be an unfair innovation on the rules of lawful war. So red-hot shot (or balls made red hot before insertion in the cannon) were at first objected to, or only considered fair for purposes of defence, not of attack. Yet, what do we find?—that Louis XIV. fired some 12,000 of them into Brussels in 1694; that the Austrians fired them into Lille in 1792; and that the English batteries fired them at the ships in Sebastopol harbour, which formed part of the Russian defences. Chain-shot and bar-shot were also disapproved of at first, or excluded from use by conventions applying only to particular wars; now there exists no agreement precluding their use, for they soon became common in battles at sea.

The invention of the bayonet supplies another illustration. The accounts of its origin are little better than legends: that it was invented so long ago as 1323 by a woman of Bayonne in defence of the ramparts of that city against the English; or by Puséygur, of Bayonne, about 1650; or borrowed by the Dutch from the natives of Madagascar; or connected with a place called the Redoute de la Baïonnette in the Eastern Pyrenees, where the Basques, having exhausted their ammunition against the Spaniards, are said to have inserted their knives into the muzzles of their guns. But it is certain that as soon as the idea was perfected by fixing the blade by rings outside the muzzle (in the latter quarter of the seventeenth century), battles became more murderous than ever, though the destruction of infantry by cavalry was diminished. The battle of Neerwinden in 1693, in which the French general, Luxembourg, defeated the Prince of Orange, is said to have been the first battle that was decided by a charge with a bayonet, and the losses were enormous on both sides.[6]

History, in fact, is full of such cases, in which the victory has uniformly lain ultimately with the legitimacy of the weapon or method that was at first rejected as inhumane. For the moment, the law of nations forbids the use of certain methods of destruction, such as bullets filled with glass or nails, or chemical compounds like kakodyl, which could convert in a moment the atmosphere round an army into one of deadly poison;[7] yet we have nothing like certainty—we have not even historical probability—that these forbidden means, or worse means, will not be resorted to in the wars of the future, or that reluctance to meet such forms of death will in the least degree affect either their frequency or their duration.

It is easy to explain this law of history. The soldier’s courage, as he faces the mitrailleuse with the same indifference with which he would face snow-balls or bread-pellets, is a miracle of which discipline is the simple explanation; for whether the soldier be hired or coerced to face death, it is all one to him against what kind of bullet he rushes, so long as discipline remains—as Helvetius the French philosopher once defined it, the art of making soldiers more afraid of their own officers than of their enemy.[8] To Clearchus, the Lacedæmonian, is attributed the saying that a soldier should always fear his own general more than the enemy: a mental state easily produced in every system of military mechanism. Whatever form of death be in front of a man, it is less certain than that in his rear. The Ashantees as they march to battle sing a song which is the soldier’s philosophy all the world over: ‘If I go on, I shall die; if I stay behind I shall be killed; it is better to go on.’[9]

How often is it said, in extenuation of modern warfare, that it is infinitely less destructive than that of ancient or even mediæval times; and that the actual loss of life in battle has not kept pace with the development of new and more effective life-taking implements! Yet it is difficult to imagine a stranger paradox, or a proposition that, if true, would reflect greater descredit on our mechanical science. If our Gatling guns, or Nordenfeldt 5-barrels capable of firing 600 rounds a minute, are less effective to destroy an enemy than all the paraphernalia of a mediæval army, why not in that case return to weapons that by the hypothesis better fulfilled the purposes of war? This question is a reductio ad absurdum of this soothing delusion; but as a matter of fact, there is no comparison in destructiveness between our modern warfare and that of our ancestors. The apparent difference in our favour arises from a practice alluded to by Philip de Commines, which throws a flood of light upon the subject: ‘There were slain in this battle about 6,000 men, which, to people that are unwilling to lie, may seem very much; but in my time I have been in several actions, where for one man that was really slain they have reported a hundred, thinking by such an account to please their masters; and they sometimes deceive them with their lies.’ That is to say, as a rule the number of the slain should be divided by a hundred.

This remark applies even to battles like Crecy or Agincourt, where the numbers slain were unusually high, and where they are said to have been accurately ascertained by counting after the victory. When Froissart on such authority quotes 1,291 as the total number of warriors of knightly or higher rank slain at Crecy, it is possible of course that he is not the victim of deception; but what of the 30,000 common soldiers for whose death he also vouches? A monk of St. Albans, also a contemporary, speaks only of an unknown number (et vulgus cujus numerus ignoratur); which in the account of the Abbot Hugo was put definitely at more than 100,000. It is evident from this that the greatest laxity prevailed in reference to chronicling the numbers of the slain; so that if we take 3,000 instead of 30,000 as the sum total of common soldiers slain at Crecy, it is probable that we shall be nearer the truth than if we implicitly accept Froissart’s statement.

The same scepticism will of course hold good of the battles of the ancient world. Is it likely, for instance, that in a battle in which the Romans are said only to have lost 100 men, the Macedonians should have lost 20,000?[10] Or again, is it possible, considering the difficulty of the commissariat of a large army, even in our own days of trains and telegraphs and improved agriculture, that Marius in one battle can have slain 200,000 Teutons, and taken 90,000 prisoners? But whilst no conclusion is possible but that the figures of the older histories are altogether too untrustworthy to afford any basis for comparison, the calculation rests on something more like fair evidence, that in the fortnight between August 4, 1870, the date of the battle of Wissembourg, and August 18, that of Gravelotte, including the battles of Woerth and Forbach on August 6, of Courcelles on the 14th, and of Vionville on the 16th more than 100,000 French and Germans met their death on the battle-field, to say nothing of those who perished afterwards in agonies in the hospitals. Recent wars have been undoubtedly shorter than they often were in olden times, but their brevity is founded on no reason that can ensure its recurrence: nor, if 100,000 are to be miserably cast out of existence, is the gain so very great, if the task, instead of being spread over a number of years, requires only a fortnight for its accomplishment.

For the nearest approach to a statement of what the laws of war in our own time really are, we must turn to the Brussels Conference, which met in 1874 at the summons of the same great Russian to whom the world owes the St. Petersburg Declaration, and which constituted a genuine attempt to mitigate the evils of war by an international agreement and definition of their limits. The idea of such a plan was originally suggested by the Instructions published in 1863 by President Lincoln for the government of the armies of the United States in the civil war.[11] The project for such an international agreement, originally submitted by the Russian Government for discussion, was very much modified before even a compromise of opinion could be arrived at on the several points it contained. And the project so modified, as a preliminary basis for future agreement, owing to the timid refusal of the English Government to take further part in the matter, never, unfortunately, reached its final stage of a definite code;[12] but it remains nevertheless the most authoritative utterance extant of the laws generally thought to be binding in modern warfare on the practices and passions of the combatants. The following articles from the project as finally modified are undoubtedly the most important:—

Art. 12. The laws of war do not allow to belligerents an unlimited power as to the choice of means of injuring the enemy.

Art. 13. According to this principle are strictly forbidden—

Art. 15. Fortified places are alone liable to be besieged. Towns, agglomerations of houses or villages which are open or undefended, cannot be attacked or bombarded.

Art. 17. ... All necessary steps should be taken to spare as far as possible buildings devoted to religion, arts, sciences, and charity, hospitals and places where sick and wounded are collected, on condition that they are not used at the same time for military purposes.

Art. 18. A town taken by storm shall not be given up to the victorious troops for plunder.

Art. 23. Prisoners of war ... should be treated with humanity.... All their personal effects except their arms are to be considered their own property.

Arts. 36, 37. The population of an occupied territory cannot be compelled to take part in military operations against their own country, nor to swear allegiance to the enemy’s power.

Art. 38. The honour and rights of the family, the life and property of individuals, as well as their religious convictions and the exercise of their religion, should be respected.

Private property cannot be confiscated.

Art. 39. Pillage is expressly forbidden.

There is at first sight a pleasing ring of humanity in all this, though, as yet, it only represents the better military spirit, which is always far in advance of actual military practice. In the monotonous history of war there are always commanders who wage it with less ferocity than others, and writers who plead for the mitigation of its cruelties. As in modern history a Marlborough, a Wellington, or a Villars forms a pleasant contrast to a Feuquières, a Belleisle, or a Blücher, so in ancient history a Marcellus or a Lucullus helps us to forget a Marius or an Alexander; and the sentiments of a Cicero or Tacitus were as far in advance of their time as those of a Grotius or Vattel were of theirs. According to the accident of the existence of such men, the laws of war fluctuate from age to age; but, the question arises, Do they become perceptibly milder? do they ever permanently improve?