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A ae prrcrarieorerear rte yr ot Tt , - m . ea cert Senne | rear ern eo ‘er ppeerieranr meses Saray es mere esa A 4 oe : ? one a r ' Oar or : ‘ ra ’ ‘i A Merronneseseeri Yer Mer ann . aren ps " re Serer 5 on rd ‘ 5 re ort oer many fh porary ene we , ope jebehe “ eer Seat . 2} , areneeceini® a megs Ft oy wneese s oan awe eer eee eves aad a a Pea . a 5 ear Aerie A . M peer oa M panes es . o . oa bashes 40 a Pryor aren eieiee a woe are A stint? ve ‘ Pree . rere ir et an ea z reaper Ph nee A phase ne te aaa A ktandprnadoons hegrld wee Ad asemnerereent Tt Ld eat nahtiet bth shnesaeieaenenaeerh reer ’ " saeeerrrenrtr st ht a oe arepe s f a S eta o ' p pan een . en 5 A prabehe aperndstanese peeps rtine , Fi S Paeapremetereraee irtstees Sern rer tatty b 2 aL een ed 5 oie) a Wrrroe L /F62 oF Cornell Mniversity Library THE GIFT OF pat il ssc err oe oe th J weg EMERIC CRUCE EMERIC CRUCE BY THOMAS WILLING BALCH A. B. (HARVARD) MEMBER OF THE PHILADELPHIA BAR AUTHOR OF “SoME FACTS ABOUT ALSACE AND LORRAINE,” “THE BROOKE FAMILY OF WHITCHURCH, HAMPSHIRE, ENGLAND,”’ “THE ALABAMA ARBITRATION,” ETC. PHILADELPHIA ALLEN, LANE & SCOTT 1900 K Srey Go A \4S46 Copyright, 1899, by THOMAS WILLING BALCH. PRESS OF ALLEN, LANE & SCOTT, PHILADELPHIA, Pa. TO MONSIEUR ERNEST NYS, VICE-PRESIDENT AU TRIBUNAL DE PREMIERE INSTANCE DE BRUXELLES, PROFESSEUR A L’UNIVERSITE DE BRUXELLES, MEMBRE DE L’INSTITUT DE DROIT INTERNATIONAL, CHEVALIER DE L’ORDRE DE LEOPOLD, AND MONSIEUR ALBERT SOENENS, JUGE AU TRIBUNAL DE PREMIERE INSTANCE DE BRUXELLES. Ez fer war, I call it murder,— There you hev it plain an’ flat ; I don’t want to go no furder Than my Testyment fer that ; God hez sed so plump an’ fairly, It’s ez long ez it is broad, An’ you’ve gut to git up airly Ef you want to take in God. ’Taint your eppyletts an’ feathers Make the thing a grain more right ; ’Taint afollerin’ your bell-wethers Will excuse ye in His sight ; Ef you take a sword an’ dror it, An’ go stick a feller thru, Guv’ ment aint to answer for it, God ’ll send the bill to you. James RussELL LOWELL. Eméric Crucé is hardly, if at all, known on this side of the Atlantic, and has not received the recog- nition that is his due. In June, 1897, while working in the Bibliothéque Nationale, I took copious notes upon what he wrote in his Mouveau Cynée in refer- ence to international arbitration and have prepared this monograph to show what an important place he has filled in its development. In a letter that ap- peared in a Philadelphia weekly paper, December 7th, 1899, I called attention to Crucé and his pro- posal in 1623 of a permanent International Court at Venice. In collecting some of the materials for this book, I have received assistance from Samuel Dick- son, Esq., and J. Rodman Paul, Esq., members of the Philadelphia Bar, Dr. William H. Klapp, Head- Master of the Protestant Episcopal Academy, of Philadelphia, James G. Barnwell, Esq., Librarian of the Philadelphia Library, and Bunford Samuel, Esq., of the Ridgway Library. Te WB: PHILADELPHIA, Christmas, 1899. EMERIC CRUCE. —_—_—_+0»—______ I. There meeting last summer (1899) at the Hague of delegates from most of the powers of the world, in response to the call of the Emperor Nicolas the Second, to consider the possibilities of lighten- ing the burdens imposed on humanity by militarism,! has forced upon public attention, in a much larger measure than ever before, the evolution of inter- national peace. The war that is now raging in South Africa so soon after the deliberations at the Hague, shows that universal peace is probably but adream. Yet the submission of the 4/adama claims, ‘International Arbitration and the Peace Conference at the Hague by F. de Martens, delegate from Russia to the Confer- ence at the Hague: Zhe North American Review; Volume CLXIX. (1899), pages 604-624. The International Conference of Peace, by Seth Low, Presi- dent of Columbia College and United States Delegate to the Peace Conference: Zhe North American Review, volume CLXIX. (1899), pages 625-639. La Conférence de la Haye et l’ Arbitrage International, par Arthur Desjardins: Revue des Deux Mondes, volume 155, (1899), pages 1-26. 2 EMERIC CRUCE. the Bering Sea seal fisheries, and the Venezuela- Guiana boundary, to the decisions of International Courts of Arbitration proves that war can be avoided by a resort to arbitration, whenever the parties to an international controversy conclude that it will be more advantageous for them to submit to the peace- ful award of a Court of Arbitration rather than to the chances of a war, with its uncertain results and its heavy cost in blood and, especially, treasure, that modern warfare and economic conditions impose on the combatants. The chief fundamental force that makes for war or peace is the need of food. In order that man, like any other living organism, may exist, he must have food; and after his sustenance is assured, he desires other necessaries and luxuries to add to his comforts. In a simple state of society, when the tribal organization is barely formed, war carried on by one band against another costs little beyond the loss of life. Then, as a number of tribes are welded into a small state or nation, the complexity of society grows and the wealth of the people exposed to loss or destruction by war increases. As the state form of government develops and the number of people increases, whether they will favor keeping the peace or seek war depends on whether or not they can supply their wants from the wealth in their posses- THE CAUSES OF WAR. 3 sion. So long as the individuals as a whole have the opportunity to gain what they consider a com- fortable livelihood with reasonable ease, the State, which in its actions is a reflex of the opinions of the mass of the citizens, will not be eager to gain the wealth of another people through war. But so soon as a large part of the community, owing to increas- ing numbers or other causes, find it difficult to obtain what they deem a suitable living, they will begin to cast covetous eyes upon the possessions of others. Sometimes their desire to gain the wealth of others will result in a civil war; but more generally they will force the State to make war on another people. Hunger nerves both man and beast in the quest for food. When the hunter comes upon a lion *On this point see the notable and patriotic speech of ex- President Grover Cleveland at the tenth annual dinner of the Reform Club at New York, April 24th, 1897. He said in part :—‘‘ The fundamental truth that our free institutions offer opportunities to all within their influence, for the advancement and improvement of their condition, has been so far denied that honest accumulation is called a crime and the necessity and habit of individual effort and struggle, which are the main- springs of sturdy Americanism, are descried as unjustifiable burdens, while unwholesome paternalism is presented in hand- some and inviting garb. Those enlisted in this crusade of dis- content and passion, proclaiming themselves the friends of the people, exclude from that list all their countrymen except those most unfortunate or unreasonable, and those whom they them- selves have made the most discontented and credulous.’’ 4 EMERIC CRUCE. that has just enjoyed a good feast, the king of beasts will steal away if he can; but if he has not had food for many days, he will show fight.2 As it is with wild animals, so it is with humanity. But as civilization or co-operation progresses, and foreign commerce develops, nations become more interde- pendent. War then, by interrupting trade, inflicts injury upon the wealth of both the conquerors and the conquered. Also, when a great world power, with millions of inhabitants, trading with all parts of the world and depending for its prosperity upon the maintenance of that commerce, engages for any cause upon a serious war, it incurs, in order to maintain its armaments on a war footing, enormous debts, and consequently it must increase its taxation. A great war, by giving feverishly active business to the manufacturers of arms and the other purveyors of the necessaries for war, brings prosperity to those engaged, whether as employers or employees, in those industries. But to the people as a whole, * « At night and when urged on by hunger, lions are some- times incredibly daring; in fact as old Jan Viljoen once said to me, ‘a hungry lion is a true devil, and fears nothing in the world.’”’ 4 Hunter's Wandering in Africa, by F. C. Selous: London: R. Bentley, 1881, page 266. An able writer has laid bare in the following passage why men fight:—‘‘Two bulls who dispute over a pasture, two lions who dispute over a flock, two savage tribes fighting for a hunting ground, show us plainly the cause of war; but the THE CAUSES OF WAR. 5 war can only bring increased burdens, for it de- stroys and does not create legitimate trade;* and by forcing the imposition of increased taxation, war adds to the cost of manufacturing in that country, and to the extent that it thereby increases the cost of production it contributes a disadvantage to the ability of that people to sell in foreign markets more cheaply than citizens of other countries. As the increasing facilities for transportation develop international commerce, war threatens more and more with destruction or serious loss the victors as well as the vanquished.® Even to-day, the powers that are building railroads so that they may more easily mass their troops are thereby making them- selves more amenable to the economic forces of current changes aspect as it departs from its source, it in- creases and grows purer, and soon, forgetful of its weaknesses, from where comes also all its grandeurs, humanity prides itself justly about the heroism of a Leonidas or the genius of a Hannibal.” La France Nouvelle, par Prévost-Paradol, de Ll’ Académie Francaise: Paris: Calmann Levy, 3 Rue Auber: Treiziéme édition, 1884, page 266. * Compare Bastiat’s ‘‘ The Broken Pane”’ in his essay, Ce gu’ on voit et ce gu’on ne voit pas: Oe4cuvres complétes: Paris; Guillaumin et Cie., 1854; Volume V., page 337. 5 Recherches économiques, historiques et statistiques sur les guerres contemporaines par Paul Leroy-Beaulieu, 1869. Commercial Expansion vs. Colonial Expansion: An open letter by Andrew Carnegie, Nov. 20th, 1898. 6 EMERIC CRUCE. the trade of the world: for with the opening of those roads to commerce, trade will soon roll over their rails. In the main, it is the desire to possess what others have, that leads nations on to war; and it is the dread of losing what they have—in these latter days, the fear of injury to commerce®’—that gives pause to their warlike aspirations. Great nations, though they will readily attack small and weaker states, when they think the gain will outweigh the cost, hesitate to precipitate war with another first-class power. This seems to be true of all powerful nations alike. Perhaps the clearest illus- tration of this power of force in influencing the foreign policy of a great State, was the consent of Great Britain to arbitrate her territorial dispute with Venezuela, but her refusal to do so with the South African Republic. When in 1895 President Cleve- land sent to Congress his message on the Venezuela- Guiana Boundary question, England, confronted with the danger of having war with the United States as well as with Venezuela, if she pushed her land claims against the South American nation with force of arms, paused in her forward policy because she could ° Der Krieg, von Johann von Bloch (translated from the Russian): Berlin: Puttkammer & Miihlbrecht, 1899. Esprit des Lois, par Montesquieu, Livre vingtiéme, chapitre IT. THE VENEZUELA AND THE TRANSVAAL DISPUTES. 7 not risk a war with the United States; and finally consented to submit her case to an International Court of Arbitration. A few years later, however, when Great Britain again wished to extend her territory at the expense of a small State—the Trans- vaal Republic—she refused the proffer of arbitration of her small opponent,’ and forced on war. Ap- ™President Kruger offered to submit the differences between the Transvaal Republic and Great Britain to the decision of an International Court composed of two arbitrators, nominated by the two governments respectively, who ‘‘shall agree respecting a third person, who shall act as President of the arbitration tri- bunal,’’ which should decide in every case by a majority vote. Sir Alfred Milner, in submitting to his government this proposal of President Kruger for arbitration, wrote :— ‘It is evident that this third person will virtually decide every- thing, and it is provided that he shall ‘not be a subject of one of the arbitrating parties,’ z. e., a foreigner. ‘©On this ground alone I feel sure her Majesty’s Government will not accept the proposal. For every reason I think it is desirable that it should promptly intimate its total inability to entertain it.’’ See extract from Sir Alfred Milner’s dispatch of June 14th, 1899, to his Home Government: Zhe Times, London, August 26th, 1899, page 5. L’ Angleterre et la République Sud-Africaine by John West- lake, Q.C., LL.D., Professor of International Law in Cam- bridge University: La Revue de Droit International et de Législation Comparée ; Volume 28 (1896), pages 268-300. The Transvaal Suzerainty : a \etter by John Westlake, to the Editor of the London Zzmes, published in that paper on September 22nd, 1899, page 8, last column. Impressions of South Africa, by James Bryce: New York: The Century Co., 1898. 8 EMERIC CRUCE. parently the South African Republic could not offer a serious and protracted resistance, and England had no cause to fear the active intervention of a first-class power. In a war against the United States and Venezuela, Britain was almost certain to lose ulti- mately, while against the South African Dutch Re- public, war could hardly but end sooner or later in her victory on the field of battle. Since the discoveries by Adam Smith and the Physiocrats, and their successors—Mill, J. B. Say, Bastiat, David A. Wells, and others—of those eco- nomic laws, which before their time acted unknown and unseen by humanity, it is possible for people who stop to think and reason, to see that war imposes, not only destruction of life, but also, by stopping and destroying commerce as well as requiring the maintenance of large armies, heavy financial losses and burdens.’ Our great countryman and President, George Washington, saw this clearly. Ina letter to Lafayette in 1786 he said :— ‘‘As the member of an infant empire, as a philan- thropist by character, and, if I may be allowed the ®Principes de la Science Politique par E. de Parieu, Vice- Président du Conseil d’ Etat, Membre del Institut: Paris, 1870, pages 351-355. Ce gu’on voit et ce quon ne voit pas par Frédéric Bastiat : Ocuvres complétes: Paris; Guillaumin et Cie., 1854; Volume V., pages 340-343. THE POWER OF INTERNATIONAL COMMERCE. 9 expression, as a citizen of the great republic of hu- manity at large, I cannot avoid reflecting with pleas- ure on the probable influence that commerce may hereafter have on human manners and society in general. On these occasions I consider how man- kind may be connected like one great family in fraternal-ties. I indulge a fond, perhaps, an enthusi- astic idea, that, as the world is evidently much less barbarous than it has been, its melioration must be progressive; that nations are becoming more and more humanized in their policy, and in fine that the period is not very remote when the benefits of a liberal and free commerce will pretty generally suc- ceed to the devastations and horrors of war.” ® Another great statesman, Richard Cobden, also hoped that freedom of trade would diminish the frequency of war. He had no. idea that armies could be done away with altogether, nor was he so visionary as to think that with the adoption of in- ternational arbitration, the world would be freed ° «« Protection,’ by John DeWitt Warner: Tariff Reform: Published semi-monthly by the Tariff Reform Committee of the Reform Club: Volume IV., No. 12 (New York, September 30th, 1891), page 37. LD Arbitrage International : Son passé—son présent—son ave- nir, par Michel Revon: Paris: Arthur Rousseau, 1892, pages 433-434. IO EMERIC CRUCE. from all its woes: but he hoped that with the de- velopment of international trade, war would become less frequent until it should cease perhaps altogether.” He saw clearly that the power behind the throne of international peace was those economic laws of com- merce that in the long run are stronger than the most powerful of legislatures. “Cobden et la Ligue: Oeuvres completes de Frédéric Bastiat : Paris: Guillaumin et Cie., 1883, Volume III., pages 86-87. Il. From early times, as soon as man had developed to a high degree of social relations, as in Egypt and Babylon, the desire to avoid strife and war is at first faintly, then gradually more strongly, discernible. One of the earliest written expressions of this wish to escape the arbitrament of arms was given by the old Jewish prophet, Micah, who was born about 750 B. C., when he said :—” ‘“And He shall judge among many people, and re- buke strong nations afar off; and they shall beat their swords into plow-shares, and their spears into prun- ing-hooks: nation shall not lift up a sword against nation, neither shall they learn war any more.” And a little later the prophet Isaiah said :—* “And He shall judge among the nations, and shall rebuke many people; and they shall beat their swords into plow-shares, and their spears into prun- ing-hooks: nation shall not lift up sword against nation, neither shall they learn war any more.” The ancient Grecian States made some attempts to settle their quarrels with one another without war; 2 Micah IV., 3. “ Tsaiah II., 4. as II 12 EMERIC CRUCE. but the meagre details that we possess of the inter- State arbitration that obtained in some measure among the Grecian States, show that the Greeks did not practice international arbitration in its mod- ern sense. It would seem, however, from a phrase in Herodotus “ that a custom prevailed among the Greeks themselves for two towns, both subjects of a more powerful city, to submit any differences that might arise between them to the decision of the court of their sovereign city. An analogous case to-day would be a suit between the cities of Philadelphia and Pittsburg, argued before the highest court of their sovereign, the Supreme Court of Pennsylvania. But a dispute between two of the sovereign members of the Union—as for example a case involving the boundary between Pennsylvania and New York— submitted to the Supreme Court of the United States, would be very different. In 418 B. C. the Lacedemonians defeated the Argives completely. The Argives were notin a position to refuse to ratify any terms that the La- cedemonians might press upon them, and in the treaty of peace with which the two States concluded the war, they agreed to settle their differences for fifty years without recourse to arms. One of the clauses of the treaty reads as follows :— “ Herodotus ; Book 5, Section 83. ATTEMPTS AT ARBITRATION AMONG THE ANCIENTS, 13 “Tf any city of the allies shall quarrel with a city they shall go to some city [with their quarrel] whichever city it may appear is fair and impartial to both.” © While this seems to have been an attempt to arrive at something like international arbitration, yet among the Greeks themselves arbitration in the modern sense hardly, perhaps never truly, obtained ; and between the Greeks and the rest of the world (oi BépBapor) it never existed, Many writers have referred to international arbi- tration in the times of the Roman Empire. With those countries who were not under the pax Ro- mana, the Romans did not arbitrate except by force. Between States that were more or less under the rule of Rome, international arbitration did not ob- tain, for international arbitration can only be prac- ticed between sovereign and independent States. When two independent Nations asked Rome to decide a question over which they disagreed, she generally played the part of the judge in the case * Thucydides, Book 5, Section 79. For an account of the Amphictyonic Council, see the Afzstory of Federal Government from the foundation of the Achaian League to the disruption of the United States, by Edward A. Freeman: Volume I.; lntvoduction—History of the Greek Fed- erations : London, 1863, pages 123-143. 14 EMERIC CRUCE. of the oyster, for sooner or later she annexed them both. * When the wild hordes that overran and dis- mantled the Roman Empire had in a measure qui- eted down and made some advances in civilization, men began to see the advantages and value of co- operation in the struggle for life. They sought, at first perhaps unconsciously, to place limits upon the right of every man to himself avenge his wrongs. The army leader, who was invested by election with sovereign power, became the judge of the disputes between his subjects; and by de- grees as his power developed into that of a king, the right of private war gave way to his jus- tice. But before the unrestricted vendetta of early times gave place to the justice of the sovereign, there was an intermediate stage during which re- striction after restriction was thrown around the right of private vengeance. Thus Alfred of Eng- land allowed the kinsmen of a murdered man to avenge him; but they were to seek the murderer in his house and surround it for seven days be- fore attacking him; during that time the slayer “See Traité théorique et pratique de l' Arbitrage Interna- tional: le réle du droit dans le fonctionnement actuel de 1’ in- stitution et dans ses destinées futures par A. Mérignhac : Paris ; L. Larose, 1895, pages 22-30. RESTRICTION OF PRIVATE WAR. T5 might make a money payment that was regarded as satisfaction for the crime.” Later, geographical, ethnological and social forces grouped the inhabitants of Europe into nations. The struggles between the smaller states of early times were then succeeded by the larger and more important wars between the great nations.% The law of self-preservation impelled the weaker powers to form alliances against the stronger. It was in this way that what has been looked upon as the first scheme for perpetual peace came to be de- vised. When, after many years of severe fighting, Henry of Navarre finally succeeded in mounting the throne of his ancestors, he sought to fortify his posses- sion of the crown, first by restoring peace to his "Essays in Anglo-Saxon Law: Boston, 1876: The Anglo- Saxon Legal Procedure by J. Lawrence Laughlin, pages 268- 269. ‘‘If he have power tosurround and besiege his foe, let him watch him during seven days, and not attack him, if he (foe) wish to remain there. If he wish to surrender and give up his arms, let him guard him unhurt thirty days, and announce it to his kinsman and friends [¢. e. in order that they may make composition for him].’’ 8 For an account of the cases of mediation during the Middle Ages, see Les Origines du Droit International par Ernest Nys : Brussels, 1894; pages 49-61. See also Tvazté théorique et pratique de l’ Arbitrage International - le réle du droit dans le Sonctionnement actuel de Ll’ institution et dans ses destinées futures par A. Mérignhac: Paris ; L. Larose, 1895, pages 31-42. 16 EMERIC CRUCE. distracted kingdom, and afterwards by curbing the power of his great adversary, the House of Aus- tria.” The former of these objects he secured through a grant of religious toleration to the Protestants. The second he sought to accomplish by welding the other Christian nations into a great league against the House of Hapsburg. All that has come down to us of this latter project, known to history as fe grand dessein, we are told by Henry’s great Minister, Maximilian de Bethune, Baron de Rosny, afterwards Duc de Sully.” International publicists are not agreed to- ” Fiistoire du Roy Henry le Grand composee par Messirve flardouin de Perefixe Evesque de Rodes, cy-devant precep- teur du Roy. A Amsterdam, chez Louys et Daniel Elze- vier TOOL. *Shortly after Henry’s death in 1610, Maximilian de Beth- une began to dictate his Mémoires des Sages et Royales Cico- nomies da’ Estat Domestiques, Politiques et Militaires de Henry le Grand. Only the first two volumes, which cover the years 1570 to 1605, were completed during Sully’s lifetime, but, after his death, two of his secretaries and Jean Laboureur completed the unfinished portion. The first edition was published in two folio volumes at the Chateau de Sully in 1638 by a printer of Angers, under the designation of Amstelredam (sic). A new edition was printed at Rouen in 1649. In the eighteenth cen- tury, the Abbé de I’Ecluse des Loges transformed the CEcono- mies royales into Mémoires de Sully. Mémoires des Sages et Royales CEconomies d’ Etat, Domesti- gues, Politiques et Militaires de Henry le Grand, 1’ Exemplaire LE GRAND DESSEIN. 17 day whether fe grand dessein was an actual fact, or only a product of Sully’s imagination.” But des Roys, le Prince des Vertus, des Armes et des Lotx, et le Pere en effet des ses Peuples Frangois, et des servitudes utiles, obeissances convenables et administrations loyales de Maximilian de Bethune, l’un des plus confidens, familiers et utiles soldats et serviteurs du Grand Mars des Francois. Dediez ala France, a tous les bons soldats et tous peuples Francois. Nouvelle Collection des Mémoires pour servir & l’ Histoire de France, depuis le xiii’. siécle jusqu’a la fin du xvitt®*., * * * par MM. Michaud de I’ Academie Frangaise et Poujoulat: Deux- téme Série: Paris, 1837, chez 2’ Editeur du Commentaire Analy- tigue du Code Civil. See also Commentaire sur les Elements du Droit International et sur l’ Histotre des Progrés du Droit des Gens de Henry Wheaton, par William Beach Lawrence: Leipzig : F, A. Brockhaus, 1869: Volume II., pages 195-200. Les Origines du Droit International, par Ernest Nys: Paris and Brussels, 1894, page 395. Manuel du libratre et de l’ amateur de livres, par Jacques Charles Brunet: Paris, 1864, Volume V., page 589. 71«« Those were the foundations of what Sully calls often the grand project of his master, but it seems according to what he relates, that it was much more the project of Sully himself.’’ fTistoive des Francais, par Sismonde de Sismondi: 1839: Part VIII., Chapter X., Volume XXII., pages 148, 149. ‘‘All the plan of organization imagined for the institution itself, all the means invented to make it work were exclusively the labor of Sully. Submitted to Henry the Fourth, they oc- cupied his attention at various times, but never continuously : between him and his minister they were only the subject of interviews and writings ; never of resolutions and political ac- tion.”’ Histoire du régne de Henri IV., par Poirson: 1856: Book VII., Chapter II., Volume II., page 873. ‘The project of a general pacification and of a European 18 EMERIC CRUCE. whether it was a fact or not, as the plan of Henry and Sully was not to settle the differences of European nations by means of arbitration, but to overthrow the power of the House of Hapsburg by means of a league of the other European states,” Ze grand dessein cannot be looked upon as the begin- ning of international arbitration. Besides, Sully’s Me- moirs were not published until 1638, fifteen years after Eméric Crucé, also a Frenchman, had published the book in which he advocated the establishment at Venice of an International Court of Arbitration. Henry the Fourth of France intended to form a very Christian Republic (republigue tres-chrestienne). It was to consist of fifteen sovereignties, with the power of each so nicely adjusted that no one confederation developed in the Mémoires des sages et royales economies d’ Estat de Henry-le-Grand made its way, and was the starting point of wishes (voewx), systems and even political facts that led, in the succeeding centuries, to more or less elabor- ate plans of organization of States with the view to peace.’’ Traité de Droit International Public Européen et Américain, par P. Pradier-Fodéré: Paris, 1894: Volume VI., page 66. ‘Only, it is known now that the so-called Grand dessein is purely and wholly a product of the imagination of Sully.” Ltudes de Droit International et de Droit Politique, par Ernest Nys; Brussels and Paris, 1896: page 302. * Leibniz noted this warlike idea of le grand dessein. Etudes de Droit International et de Droit Politique, par Ernest Nys: Brussels and Paris, 1896: page 306. - THE VERY CHRISTIAN REPUBLIC. 19 would be tempted to take up arms against its neighbors for fear that the others would attack it. Of these fifteen sovereignties, five—the Pope, the Emperor, and the Kingdoms of Poland, Hungary and Bohemia—were to be elective: six—France, Spain, England, Denmark, Sweden and Lombardy— were to be hereditary: and four—the Venetians, a group of Italian Duchies, the Swiss Cantons, and the Low Countries—were to be Republics. Henry first told of his plans to Queen Elizabeth in 1601; and he and she even made arrangements for a yee fat Dover or Calais to talk the matter over. This purpose was frustrated by some of their subjects, but, Sully tells us, that they had some correspondence upon the subject. Henry proposed in case of a disagreement over the election of the Emperor or the King of the Romans, that the differences should be referred “to the arbitration of the Pope, the Kings of Eng- land, Denmark and Sweden, of the Venetians and the cantons of Switzerland, such of the three as they would wish to choose.” To diminish the prestige of the House of Aus- tria, Henry intended breaking through the custom * The original French is: ‘‘en l’arbitrage du Pape, des rois d’ Angleterre, Dennemarc et Suede, des Venitiens et des cantons de Suissse, tel des trois qu’ils voudront choisir.”’ 20 EMERIC CRUCE. that had grown up of electing Emperor the head of the Hapsburgs, by restoring to the sovereign members of the Empire the right to choose the Emperor from any reigning house they saw fit. He planned not only to deprive the powerful rival of his house of this prerogative of great dignity, but also to weaken its material resources.“ To the Swiss cantons he proposed to add—of the Hapsburg possessions—Tyrol, Franche-Comté and Alsace. Further, he agreed with the Duke of Savoy, whose son had married his daughter, to join the Duke in a request to the King of Spain, the Duke of Savoy’s brother-in-law, to give *TIn a letter to the King, Sully in writing of le grand dessein says :— ‘‘La premiére, 4 reduire toute la maison d’Austriche 4 une domination si bien ajustée et proportionnellement composée, qu’elle delivre tous les Estats et dominations chrestiennes des craintes et apprehensions qu’elle leur a tousjours donné sujet de prendre, d’estre opprimez et asservis par elle : et la seconde, que tous ceux de cette maison soient persuadez, par raisons convenables, 4 se départir de leur anciennes aviditez pleines d’extorsion, afin qu’ils ne pensent jamais 4 choses dommage- ables 4 autruy: 4 quoy il semble impossible de les pouvoir faire resoudre, tant qu’ils possederont une quantité d’Estats et de royaumes outre ceux que contiennent les Espagnes.’’ Nouvelle Collection des Mémoires pour servir &l’ Histoire de France, depuis le xitt®, siecle jusqu’a la fin du xvitt®., Maximilian de Bethune, Duc de Sully, Sages et Royales Cconomies d’ Estat suivies d’une réfutation contemporaine inédite : Paris, 1837, chez 2 Editeur du Commentaire Analytique du Code Civil: page 425. PROPOSED ABASEMENT OF THE HOUSE OF AUSTRIA. 21 to Savoy’s children an inheritance equal to that which their aunt Isabella had received. “And in case of a refusal, which no one doubted,” the King would permit M. Desdiguieres to assist M. de Savoye with fifteen thousand men on foot, two thou- sand horse, twenty cannons and their necessary equipment to aid him to carry out their behests. And besides this, he was to help the said Duke of Savoye with a hundred thousand escus a month, so long as the differences should last, whose repay- ment he placed on Savoye, besides (vozre) he was resolved to march in person and royal apparel of war, if it was necessary.” In addition, the King of France and his associates agreed that they would petition the Pope and the Venetians to intervene as arbitrators to amicably settle the differences that were on the point of breaking forth between France and Spain concerning the Kingdoms of Navarre, Naples and Sicily,and the Comté de Roussillon. To show to the world that it was not on account of ambition, Henry declared that he was satisfied with the existing limits of his dominion, and that he would renounce to the King of Spain the Kingdom of Navarre and the Comté de Roussillon absolutely and perpetually upon condition that the King of Spain % The French is: ‘‘et en cas d’un refus, duquel l'on ne doutoit nullement.”’ 22 EMERIC CRUCE. would transfer to Henry, Naples and Sicily. These latter two possessions he offered to hand over to the Venetians. These cessions of territory by the Spanish crown were to equalize the balance of power. Finally, each of the fifteen sovereign members of the Christian Republic should send two delegates to a general council. This body should decide all causes of dispute that might arise between the dif- ferent sovereignties, and fix the amount of contribu- tion each power should make towards the main- tenance of the army and navy of the confederation. Sully thought that the forces raised by the confeder- ated powers would be sufficiently strong to restore and maintain the Empire in its ancient “ rights, liber- ties and privileges, which is the principal object of your designs.” * Henry wished to secure France against the menace of the great power of the House of Austria. His idea was so to weaken the strength of the Haps- burgs, by depriving them of some of their territories, that they could not threaten France. And to suc- ceed in this purpose, he planned to group the other Christian nations into a grand alliance with the object of cutting, by armed intervention, some of the claws * The original French is: ‘droit, libertez et privileges, qui est le principal but de vos desseins.’’ PROPOSED ABASEMENT OF THE HOUSE OF AUSTRIA. 23 of the double headed Austrian eagle. Then, when he had rearranged the map of Europe according to his ideas, he proposed, in order to give vent to the warlike desires of the European nations, that a united Europe should wage war upon the Infidels. Sully and Henry did not contemplate settling the rivalry between France and the House of Haps- burg by means of international arbitration, but by war. The basic thought of 4 grand dessein was armed force, not peace,— ‘« The good old rule Sufficeth them, the simple plan, That they should take who have the power, And they should keep who can.’’” * Wordsworth’s Rod Roy’s Grave. Ill. The originator of modern international arbitration was probably a Frenchman—Emeéric Crucé. In 1623 he published a small book, entitled :— Le Nouveau Cynée Ou Discours a’ Estat veprésentant les occasions et moyens d’establir une paix generalle, et la liberté du commerce par tout le monde. Aux Monarques et Princes souverains de ce temps. Em. Cr. Par. A Paris, chez Jacques Villery, au Palais sur le perron Royad. M. DC. XXII. Avec Privilége du Roy. The single known copy of this remarkable book is in the Bibliothéque Nationale. It is not large, but filled with much reasoning. In it Crucé presented what was probably the first real proposal of substitut- ing international arbitration for war as the court of last resort for nations. In the preface he said: “This book would gladly make the tour of the in- habited world, so as to be seen by all the Kings, and (24) LE NOUVEAU CYNEE. 25 it would not fear any disgrace, having truth for its escort, and the merit of the subject which must serve as letters of recommendation and credence.” Eméric Crucé was born at Paris about 1 590 and died in 1648. He published a number of works in Latin, but so little is known about him that, until a few years since, when Judge Nys”™ of Brussels re- stored to him his true name, publicists called him Emery de la Croix. He printed in 1618 an annotated copy of Statius. That publication gave rise to a 8 «Ce livre feroit volontiers le tour de la terre habitable, afin destre veu de tous les Roys, et ne crandroit point aucune dis- grace, ayant la verité pour escorte, et le merite de son subject, qui luy doit servir de lettres de recommandations et de creance.’’ * Monsieur Ernest Nys, Vice Président au tribunal de premiere instance de Bruxelles, professor in the University of Brussels, a member of 2’ /ustitut de Drott International, and a Chevalier de Ll’ Ordre de Leopold, is the author of many valuable books upon International Law. Some of the more important are :— La Guerre Maritime: Brussels, 1881. Le droit de la guerre et les précurseurs de Grotius: Brussels, 1882. L Arbre des batailles d’ Honoré Bonet: Brussels, 1883. Les Origines du Droit International; Brussels, 1894. Lttudes de Droit International et de Droit Politique: Brussels, 1896. Recherches sur ’ Histoire de l’ Economie Politique: Brussels, 1898. Les Théories Politiques et le Droit International en France jusg au XVIII siécle: Brussels, 1899. 26 EMERIC CRUCE. violent contemporaneous discussion, which was the means through which Judge Nys discovered Crucé’s real name. “If we cite this polemic, it is because,” Judge Nys says,” “it allows us to know the exact name of the author [of Le Nouveau Cynée]. The few ancient au- thors who speak of him call him generally ‘Emericus Crucejus or de La Croix’; modern biographers call him ‘Eméric de La Croix.’ The fact is his name is Eméric Crucé, from which came the Latinized name of Crucaeus. Doubt is not possible, and we find a formal indication of this in the anagram that the Sivarum frondatio contains, whose author was An- toine Dorcal, barrister at Paris. Here is the text :— “ANAGRAMMA IN AUTOREM HUJUS FRONDATIONISS. Emericus Cruce Ecce Mercurius. Ne temere in Silvis Statiants lector oberres, Ecce vialis adest hic tibt Mercurius. “We can mention here that it was probably to the translator of the Bzbliographia politica of Gabriel Naudé that we owe the attribution to the author of Le Nouveau Cynée of the name of de La Croix. ” Etudes de Droit International et de Droit Politique par Ernest Nys: Brussels and Paris, 1896, page 308. EMERIC CRUCE. a7 Naudé writes correctly Emericus Crucaeus; the translator, Charles Challine, gives Emery de la Croix. ‘The edition of the works of Statius is dedicated to Henri Godefroy; the notes on the 7hedazd of the same poet are dedicated to Guillaume Ribier, coun- ‘cillor of State, president and lieutenant-general at Blois; finally, the Sz/varum frondatio is preceded by a letter to Henri Le Clerc du Tremblay, councillor of the parlement of Paris, a brother of the councillor of Cardinal de Richelieu, Francois Le Clerc du Trem- blay, known to history by his religious name of Father Joseph.” 7 Crucé held, especially for his time, broad and | liberal views. He believed that it was for the ad- vantage of humanity that the different races and nations should not seek to injure and destroy one another by war, but rather to exchange their prod- ucts. ‘There are those,” he says, “who care so little for strangers that they think it good politics to sow among them divisions, in order to enjoy a more secure quiet. But I think quite differently, and it seems to me that when one sees the house of his neighbor burning or tumbling down that one has as much cause for fear as compassion, because human society is a body all of whose members have a common sympathy, so that it is impossible 28 EMERIC CRUCE. that the sickness of one shall not be communicated to the others. Therefore this small book contains an universal policy, useful to all nations alike and agreeable to those that have some ray of reason and sentiment of humanity.” Crucé, who holds that Princes are responsible for war, argues that every one has an interest in the preservation of peace. He considers that the mer- chant is far more useful to human society than the soldier. He says: “In short, there is no occupa- tion to compare in utility with that of the merchant who legitimately increases his resources by the ex- penditure of his labor and often at the peril of his life, without injuring anyone: in which he is more worthy of praise than the soldier whose advance- ment depends upon the spoil and destruction of another.” * And a little further on Crucé writes: “In case it may be possible that we may obtain a universal peace, of which the best result is the es- tablishment of commerce: and on that account *' Modern history shows that Democracies as well as Princes are responsible for the substitution of war for diplomacy. * ««Bref il n’y a mestier comparable en utilité 4 celuy du mar- chand, qui accroist legitimement ses moyens aux depens de son travail, et souventefois au peril de sa vie, sans endomager n’y offenser personne: en quoy il est plus loiiable que le soldat, dét Padvancement ne depend que des despoiiilles et ruines d’ autruy.”’ Le Nouveau Cynée, page 30. FREEDOM OF TRADE. 29 (partat) the monarchs must see to it that their sub- jects can traffic without fear as well by sea as by land: which every person will be easily able to do in his particular capacity.” ® While Crucé could not see in the first quarter of the seventeenth century as clearly as Richard Cobden in the middle of the nineteenth that inter- national trade is the power behind the throne of international peace, yet he realized that free trade and the development of international commerce would tend, by making countries more inter-de- pendent, to cause wars to grow less frequent. He pointed out that, in order to enjoy the greatest benefits and advantages of commerce, nations must have peace. ‘‘Watch must be kept to facilitate the means of communications, not only on the great rivers but also on the smaller, and render these latter capable of carrying boats, since that is at the base of commerce, so much so that those people who have no river form water ways by artificial means like the Brabangons, who have dug a canal % The original text is: ‘‘Si tant est que nous puissions obtenir une paix universelle, dont le plus beau fruict est I’ etablissement du commerce : et partat les Monarques doivent pourveoir, 4 ce que leur subiects puissent sans aucune crainte trafiquer tant par mer que par terre: ce qu’un chacun pourra aisement faire en son estat particulier.’’ Le Nouveau Cynée, page 32. 30 EMERIC CRUCE. from Brussels to the Scheldt, in order to commu- nicate more easily with Antwerp.” * Crucé proposed to join the seas by means of canals, and recalled that Francis the First promised such works in Languedoc. He also maintained that pirates, like those of Algeria, should be suppressed and that ships of war should guard “the ways of the high seas.” “What a pleasure it would be,” he says, “to see men go freely here and there, and to hold intercourse with one another, without any scruples of country, ceremonies or other such diversities, as if the earth were as she really is, a dwelling-place (c2#é) common to all!” “Only the savages could oppose such a policy; but if they wish to continue their brutal ways of living, they will be blocked, attacked and killed like poor beasts in their lairs.” By the side of commerce (/a negotiation), he placed the practical arts, such as architecture, clock making, the manufacture of silk and linen, and the mechan- ical arts. Then he discusses the exact sciences, giving the first places for usefulness to medicine and mathematics. But strangely for one who fur- ther on in his book advocated the creation of an “Te Nouveau Cynée, page 33. * Le Nouveau Cynée, pages 41-42. RELIGIOUS TOLERATION. : 31 International Court, composed of the Ambassadors of the powers, to judge between the nations, Crucé thought that jurisprudence was not a necessary part of social economy. “Theology,” he said, “surpasses our capacity. Dialectics is only subservient and an aid to the others [sciences (?)]. Physics is a knowledge of nature that depends on experience. Rhetoric is superfluous. Jurisprudence is also not necessary, and a good natural judgment is suff- cient to finish lawsuits, without having recourse to a multitude of laws and decisions that only confuse cases instead of simplifying them. Grammar, poetry and history are more specious than profitable.” To the objection that the diversity of nations causes quarrels and wars, Crucé replies: ‘“ Why should I a Frenchman wish harm to an English- man, a Spaniard, or a Hindoo (Indian)? I cannot wish it when I consider that they are men like me, that I am subject like them to error and sin and that all nations are bound together by a natural and consequently indestructible line, which makes it that a man cannot consider another a stranger, un- less he follows the common and inveterate opinion that he has received from his predecessors.” In speaking of religious toleration, Eméric Crucé says: “I have not undertaken to solve this diff- culty, a more knowing one than I would be much 32 EMERIC CRUCE. confused (empesché): only I will say that all the religions tend to the same end, namely, the recog- nition and adoration of the Divinity. And if some do not choose the good road or the legitimate way, it is more from simplicity and ill teaching than from malice, and therefore, they are more worthy of com- passion than of hatred.” Crucé proclaims with force the necessity of relig- ious toleration. ‘Since true religion is a super- natural gift, it must come from God and not from men who, with all their arms, have not the power to compel belief in the least of its mysteries. * * * That those who have true religion do not think they can control imperiously by their will the belief of others, in whom they have no interest, provided that they hold themselves within the bounds of modesty and do not disturb the concord (este) of public tranquility. * * * It does not belong to men to punish or correct the mistakes of faith; it belongs to Him who sees hearts and the most se- cret thoughts. The faults of the will are punish- able by civil laws, those of knowledge, to wit, false doctrines, have only God for judge. Therefore those who have wished to shake this cord have gained nothing.” Crucé believes that general peace is possible, and that neither international obstacles, nor differ- INTERNATIONAL COURT AT VENICE, 33 ences of religion, nor diversity of nationality are legitimate causes for war. But he saw and pro- claimed that as a prerequisite to the peaceful settle- ment of international disputes, some sort of ma- chinery disposing of international differences was necessary. His plan was to organize an Interna- tional Court at Venice before whom any Powers that disagreed should appear in the person of an ambassador to plead their cause. “Take the case,” he says, “that peace is signed to-day, that it is published to the whole world: how do we know that posterity will ratify the articles. Opinions are changeable, and the actions of the men of the present time do not bind their successors. To close this objection it suffices to remember what we have said about the causes of war, which not be- ing considerable, for the reasons given above, there is nothing which can occasion the rupture of a peace. Nevertheless, to prevent the inconvenience of this, it would be necessary to choose a city, where all sovereigns should have perpetually their ambassa- dors, in order that the differences that might arise should be settled by the judgment of the whole as- sembly. The ambassadors of those who would be interested would plead there the grievances of their masters and the other deputies would judge them without prejudice (jasszon). And to give more 34 EMERIC CRUCE. authority to the judgment, one would take advice also from the big republics who would have likewise in this same place their agents. I say great Republics, like those of the Venetians and the Swiss, and not those small lordships (Seigneuries), that cannot maintain themselves, and depend upon the protection of an- other. That if anyone rebelled against the decree of so notable a company, he would receive the disgrace of all other Princes, who would find means to bring him to reason. The most commodious place for such an assembly is the territory of Venice, because it is practically neutral and indifferent to all Princes: added thereto that it is near the most important monarchies of the earth, of those of the Pope, the two Emperors, and the King of Spain. It is not far from France, Tatary, Moscovy, Poland, England, and Denmark. As for Persia, China, Ethiopia, and the East Indies and the West Indies, they are lands far distant, but navigation remedies that inconvenience, and for such a good object, one must not refuse a long voyage.’ 6 The original old French text is as follows :— “Posez le cas que la paix auiourd’huy soit signée, qu’elle soit publiee en plein theatre du monde: Que scavons-nous si la posterité en voudra emologuer les articles? Les volétez sont muables, & les actids des hommes de ce temps n’obligent pas leurs successeurs. Pour clorre le passage 4 ceste obiection, il suffit se rememorer de ce que nous avés dit touchant les causes PRECEDENCE OF RULERS. 35 Crucé contemplated a universal union that should include even Persia, China, Ethiopia, the East Indies, the West Indies, indeed all the world. A delicate question was, how to arrange the order of rank and precedence. He suggested as a possible solution of this difficulty, the following order, and some of the reasons for it: first: The Pope, in part out of respect to an- cient Rome. Second: The Sultan of the Turks, because of “the majesty, power and happiness of his Empire,” de la guerre, lesquelles n’estans pas considerables pour les raisons cy-dessus alleguees, il n’y a rié qui puisse occasionner la rupture d’une paix. Neantmoins pour en prevenir les incon- veniens, il seroit necessaire de choisir une ville ot tous les Souverains eussent perpetuellement leurs ambassadeurs, afin que les differés qui pourroient survenir fussent vuidez par le iugement de toute l’ assemblee. Les ambassadeurs de ceux qui seroient interrez exposeroient 1a les plaintes de leurs maistres, & les autres deputez en iugeroient sans passions. Et pour autho- riser d’avantage le iugement, on prendroit advis des grandes Re- publiques, qui auroiét aussi en ce mesme endroiet leurs agens. Ie dis grandes Republiques, comme celle des Venitiens & des Suisses, & nd pas ces petites Seigneuries, qui ne se peuvent maintenir d’elles mesmes, & dependent de la protection d’autruy. Que si quelqu’en cdtrevenoit a l’arrest d’une si notable c6pagnie, il encourroit la disgrace de tous les autres Princes, qui auroient beau moyen de le faire venir a la raison. Or le lieu le plus com- mode pour une telle assemblee c’est le territoire de Venise, pource qu’il est cGme neutre & indifferent 4 tous Princes: ioinct aussi qu’il est proche des plus signalees Monarchies de la 36 EMERIC CRUCE. and also on account of the memory of the ancient Eastern Empire, of which Constantinople was the capital. Third: The Christian Emperor. Fourth: The King of France. Fifth: The King of Spain. Then the claims of the Kings of Persia and China, Prester John, the Precop (szc) of Tatary and the Grand Duke of Moscovy, must be arranged. Next the importance and order of precedence of the Kings of Great Britain, Poland, Denmark, Swe- den, Japan and Morocco, the Great Mogul and the other monarchs demanded attention. Crucé proposed, among other expedients, to give the first place to the first comer, or to the oldest, or again @ tour de role. He was not blind to the fact that freedom of trade and universal peace, without the initiative of some one, could never become realities. In his opinion, two potentates, the Pope and the King of France, could broach the subject to the sovereigns terre, de celles du Pape, des deux Empereurs, & du Roy d’ Hes- pagne. II n’est pas loing de Frace, de Tartarie, Moschouie, Polongne, Angleterre & Dannemarch. Quant 4 la Perse, la Chine, l’Ethiopie, & Indes orientales & occidentales, ce sont pays bien reculez, mais la navigation supplee ceste incommodité, & pour un si bon subiect, on ne doibt point refuser un long voyage.”’ Le Nouveau Cynée, pages 60-61. PRECEDENCE OF RULERS. 37 of the world: the former to the Christian princes, the latter to the Mohammedan rulers. Crucé wrote: “Only let them publish peace By the orders of the King! Those words will make them drop their arms from their hands.” ” 31«