immtMm n SOME %*. NEGLECTED ASPECTS OF WAR, By CAPTAIN A. T. MAHAN, U. S. N. Author of "The Influence of Sea Power upon History, 1660-1783," " The Interest of America in Sea Power," etc. Together with THE POWER THAT MAKES FOR PEACE By Henry S. Pritchett Formerly President of Massachusetts Institute of Technology And THE CAPTURE OF PRIVATE PROPERTY AT SEA By Julian S. Corbett Lecturer in History to the Naval War Course LONDON SAMPSON LOW, MARSTON & COMPANY, Ltd. ico, Southwark St., S. E. Mi- Copyright, i8gg, By The North American Review Publishing Co. Copyright, igoj, By Houghton, Mifflin, and Company. Copyright, 1907, By A. T. Mahan. All rights reserved Published November, 1907 COLONIAL PRESS ElectrotyPed and Printed by C. H. Simonds &* Co. Boston, U.S.A. PREFACE THE cause of Universal Peace, upon which so much of the world's attention has been fixed this summer by the Hague Conference, can progress surely to success only upon the same conditions by which any other movement for good reaches its goal. It will not be advanced, but retarded, by neglecting diligently and calmly to consider facts, to look them straight in the face ; to see things as they are, and not merely as one would wish to see them now, or as it is possible that our descendants may be privileged to see in a future happier age. Among many perversions of thought and result- ant exaggerations of statement, by the uncon- ditional advocates of Arbitration, there is one which underlies all others. This is, that War not merely is an evil, which like other evils we should labor to reduce, and ultimately to abolish; but that, having reference to the existing state of things, it is so essentially unreasonable and wicked ft 9 | 13 viii Preface that there can be for it no necessity, nor justifi- cation. From this point of view War serves no purpose that cannot, — in the existing state of things, — be otherwise and peacefully accom- plished. It is merely killing people, a breach of the sixth commandment, by those who call themselves Christians; or, as one very prominent opponent has said, — and I doubt not many have echoed, — It is impossible to reconcile War with the teachings of Jesus Christ. This all amounts to saying that it is wicked for society to organize and utilize force for the control of evil. It will scarcely be denied that evil in various forms now exists; not evil of thought or word merely, but evil of act; of overt violence, legal as well as extra-legal; evil aggressive, per- sistent, insolent, and ultimately subversive, if unchecked, of all social order and personal happi- ness. Nor will it, I imagine, be denied, granted a careful appreciation of conditions, that such tend- encies towards violence arise from time to time throughout huge homogeneous masses of mankind, nations and races ; tendencies resting, indeed, not upon ordinary criminal impulse, but upon ambi- tions or necessities incident to their present posi- tion, or present wants. Nor, again, can there be Preface ix serious dispute that successful evil, supported by organized force, sits often in peace upon a throne, from which it can be deposed only by force. | The organizations of mankind called nations have established over themselves agencies known to us as governments; the objects of which are the maintenance of internal order and prosperity, and of the external rights and interests of the peoples they represent. Could the people, having made this disposition of the national functions, become thereafter thoroughly neutral and passive as re- gards the conduct of their affairs, as do most of the stockholders in a corporation; could considera- tions of administration and relations with other peoples be abandoned with indifference to the governments ; it may be conceivable that the pro- prietors of the big estates thus constituted might agree among themselves to administer in such wise as to avoid quarrelling. Although the experience of history, under absolute rulers, does not bear out this pleasing supposition, corporations, small organ- ized bodies, doubtless can reach agreement more easily than do unorganized masses. As a matter of fact, however, governments do not possess this freedom of action, which, if held, we may presume x Preface they would utilize with pure regard to the welfare of those under them; as despotisms and directo- rates notoriously do. Behind every government, even the most absolute, lie the masses of the people, with all the stormy impulses and pressing needs that characterize the individual man, multiplied by numbers, and intensified by the interaction of complaint and mutual excitation, in social inter- course and through the press. While a govern- ment can in some degree modify and guide the popular passion and interest thus aroused, its powers in these directions are limited. Like all elemental forces, popular pressure may be influ- enced, but not withstood, j The time comes when Government becomes merely the agency for its exertion. The reins fall from the hands of the ruler. Is it permissible, in such case, for the nation or people threatened to supply that restraint which can no longer be exercised by the native consti- tuted authorities ? Is it right to resort to force to withstand force? If so, there is War; or its equivalent. I do not say that the future may not show happier conditions, for which the present should labor. I speak only of the present. Of this present, an eminent American has been quoted as saying that Preface xi there is now no more reason for two nations to go to war, than for himself and another to settle a difficulty with clubs. Says another, similarly emi- nent, " War settles only which nation is the stronger." Both of these gentlemen had seen, like myself, War free four million slaves, and establish on this continent a united people; a contribution towards the world's peace and the welfare of North America, in sparing the expenses of large standing armies, and the woes of probable collisions, which not a dozen Hague Conferences will effect. " War settles only which is the stronger ! " The War of Secession then settled nothing, except that the North was stronger than the South. War, it appears, settled neither the question of slavery nor that of the Union. In the conditions which had previously existed, — present then as our present is now, — in the hardening opinions and feelings of the South, and the growing resolve of the North to restrict slavery, it was, it seems, quite possible to free the slaves and main- tain the Union without war. The War did not settle those questions. The assertion will not hold water with those who can remember those ante- cedent times, or who now will reflectively study the successive stages of the agitation over xii Preface slavery. According to the authority first quoted, it would have been as possible to settle the dispute by some equitable adjustment, as for the two supposed combatants to lay down their clubs. And this in the face of the long history of efforts so to adjust, from the Missouri Compro- mise of 1820 to the Kansas Nebraska Bill and the Fugitive Slave Law of 1854, — the lifetime of a generation. With all the advantages of a united government, of the impassioned eloquence, ardent patriotism, and love for the Union which inspired Clay and Webster in their efforts to avert the calamity by arbitration, by compromise, the interest and feelings of the masses of men behind them swept away all barriers. The strife of a century reached through four years of war a solution not otherwise possible. Yet the state- ments quoted are but moderate among their kind at Peace Conferences, j A curious illustration of a tone of mind pre- dominant in the agitation for Universal Arbitra- tion, as now conducted, has come to me since the preceding lines were written. I have received from England the following letter, which, being anonymous, has not the claim to privacy which a signature carries. Preface xiii "Sir: — " I have just read your article in July ' National Review ' on the subject of the ' Hague Conference ' and deeply regret to find that you have used the great talent God gave you for the welfare of man- kind to uphold and encourage instead War which is literally Hell upon earth, and the curse of mankind, at this exceedingly critical period when your opinion might have proved a feather weight in the scale in favour of International Arbitration. May God forgive you, and lead you to an altered and better mind. "A Lover of My Fellow Creatures." To ask thus solemnly that God may forgive a man is to pronounce his guilt before God. Why ? Because of the antecedent assumption, that all War is so certainly and entirely wicked, that a man cannot without sin present before the audi- ence of his kind such considerations as those contained in the article, herein re-published, "The Practical Aspect of War." That the author thereof may be conscientiously assured of the Tightness of his contention counts for nothing; no opposite side of the case is ad- mitted, as to War. The judge, in virtue of his xiv Preface personal convictions, takes the seat of the Almighty, and unhesitatingly declares the wickedness of his fellow. Judgment is passed by one neither com- missioned nor competent to it; a procedure as unchristian in spirit, and in manifestation, as War can be. And less useful; for, like the fanaticism of the extreme total abstainers, it tends to divide those who should work in mutual toleration for a common object. I must forbear extended discussion here, lest I transfer the body of my text to the Preface. There is, however, one fallacy in the line of thought under- lying the Arbitration Movement, as too often engi- neered, which must be clearly recognized; for fallacies are in their working as insidious as bacteria are in theirs. /It is quietly assumed, apparently without a suspicion of mistake, that in our highly organized society, — the society of European civilization, — the individual man has surrendered himself, soul and body, to the law; and that, by analogy, states can do the same, all that is needed being to ascertain a means. The individual man has indeed surrendered much; but there are large reservations, without which law itself would be a hideous tyranny. The individual has surrendered certain natural rights Preface xv for varied motives; motives of evident interest; motives in many of mere submission to force, as with the criminal class ; motives in others of con- science, of subjection of personal advantage to the general weal. But alongside of this, always latent, often expressed, runs the reservation of conscience. To no law of man shall men concede authority to make them do what conscience says is wrong. The history of the ages witnesses to the truth and power of this reservation. My own time has seen it. Men are yet living who said, " You may pass your Fugitive Slave Law ; we will not obey." Seward's expression, " the higher law," embodied this resolution; and that higher law is not enacted in human courts. It will not respect human decisions, and to the last day it will use force, passive or active, when in its power -so to maintain the right, as conscience gives it to see it. But some may urge that the story of the War of Secession is by now but an echo " Of old, unhappy, far-off things, And battles long ago." They have no application to our better present. Better ! Is it better that men, in order to spare xvi Preface their purses and their comfort, should arbitrate a question of conscience, rather than stand up for principle, and give their lives as did the men of 1 86 1, North and South, to maintain what they believed to be fundamental right? If, indeed, it be true that our present is thus essentially different, the raw material of human nature has changed more in these forty years than in twenty centuries precedent. External conditions of offence, amen- able to settlement only by force, have not changed. Let those who think that they have recall that within fifteen years Japan has twice found it essen- tial to go to war on account of interests in Korea ; interests by her esteemed so vital to her people and their future that she could not with honor submit the decision of them to any judgment but her own. Let them study in contemporary journals, and periodicals, or in more formal treatises., if such there be, the transactions of the years immediately preceding the recent war between Japan and Russia, the contentions and actions of either party. There is no law existent applicable to such cases. And while the Hague Conference itself is sitting, Japan has felt compelled for the third time to an in- tervention, which is not War only because there is no power to resist. Forcible intervention is in es- Preface xvii sence War. The persuasion that War, as an inevitable factor in history, is a thing of the past, is a public prepossession which will disappear \}' as men study questions of international relations would, even in individual con- 1 S. Matthew, xxi, 12 ; S. Mark, xi, 15 ; S. Luke, xix, 45 ; S. John, ii, 15. 2 S. Luke, xiii, 32. 3 S. Matthew, xxiii, 33. 4 S. John, vi, 63. 5 2. Corinthians, iii, 6. 6 S. Matthew, v, 42. 7 S. Matthew, v, 39. 106 Some Neglected Aspects of War duct, in the present imperfect conditions of the world, result in transferring all property to the idle and all control to the vicious. Our Lord's utterances against the use of force would, I apprehend, be found to fall under two principal divisions, the exemplars of which would be: (i) " Resist not evil, him that will take thy coat forbid not to take thy cloak also; " and, (2) " Put up thy sword within its sheath," 2 "My kingdom is not of this world." 3 As regards non-resistance to evil, it seems to me certain that these commands, at most, are to the individual Christian, as concerning his own individual rights and their vindication. There is in them no warrant to surrender the rights of another, still less if he is the trustee of those rights. This applies with double emphasis to rulers, and to nations; for these, in this matter, have no personal rights. They are guardians, trustees, and as such are bound to do their best, even to the use of force, if need be, for the rightful interest of their wards. Personally I go farther, and maintain that the 1 S. Matthew, v. 39-41. 2 S. John, xviii, 1 1 . 3 S. John, xviii, 36 War from the Christian Standpoint 107 possession of power is a talent committed in trust, for which account will be exacted ; x and that, under some circumstances, an obligation to repress evil external to its borders rests upon a nation, as surely as responsibility for the slums rests upon the rich quarters of a city. In this respect I call to witness Armenia, Crete, and Cuba; without, however, presuming myself to judge the con- sciences of the nations who witnessed withouf intervention the sufferings of the first two. On the point before us : As regards the use of force in municipal regulation, St. Paul is explicit : " The ruler beareth not the sword in vain, for he is a minister of God, an avenger to execute wrath upon him that doeth evil." 2 But if the evil-doer, through numbers or otherwise, is strong enough to oppose effective resistance, is the ruler then to sheathe his sword? Assuredly not, in principle; and in practice only if conscience affirms that it is best for the state. Here you have War, — internal war ; civil war perhaps, or a mob ruling the city. If, now, the evil-doer — the aggressor, or the oppressor — be not within your borders, but without, in what is the variation of 1 S. Matthew, xxv, 14-29. 3 Romans, xiii, 4. 108 Some Neglected Aspects of War principle? The sword again must defend the right, and you have external War. Suffering follows : wounds, death, bereavement, economical distress, anxieties multifold. Con- cerning these things, they are a large part of the account; but awful as they are, and to be taken into account, they are not the essence of the matter. Shall the nation do right, and suffer? or do wrong, and be at ease? What would be the answer of Him who commanded not to fear the destruction of the body, as compared with that of the soul? Is militarism really more deadening to the spirit than commercialism ? or than legalism ? As regards the utterances of our Lord which apparently discourage resort to force : " Put up thy sword," and " My kingdom is not of this world, for if it were then would my servants fight," they have doubtless had upon the minds of men an effect that is in direction just; but dispropor- tioned, and disregardful also of qualifying words and circumstances. The close of our Lord's career on earth intro- duced into the energizing of the Christian dispen- sation changes of a momentous character, to which He frequently alludes. Thus, before His passion, " / was not sent, but unto the lost sheep of the War from the Christian Standpoint 109 house of Israel;" 1 after His resurrection, " Go ye, and make disciples of all the nations." 2 Again, " Unless I depart, the Comforter will not come unto you; " 3 this, with all the far-reaching conse- quences of the coming of the Holy Ghost, is famil- iar to us all. We are less apt to remark, but it bears strongly on the subject of War from the Christian standpoint, the strictly analogous utter- ance : " Now, he that hath no sword, let him sell his cloak and buy one ; for, the things concerning Me have an end." 4 The spiritual things concern- ing Him ended not then, nor since; but, unless the sword was to be bought for ornament, not for use, the use of it in the approaching stage of His dispensation is recognized, — nay, authorized. Those who have read Mozley's " Ruling Ideas in Early Ages," may recall the just emphasis laid by him upon the necessity, not merely of permitting, but of enjoining practices which the present times require, yet which after times under the guidance of God may outgrow ; explicitly the personal obliga- tion of the individual Avenger of Blood. Our Lord, contemplating His death, did not merely 1 S. Matthew, xv, 24 ; Romans, xv, 8. a S. Matthew, xxviii, 19. 3 S. John, xvi, 7. * S. Luke, xxii, 36, 37. no Some Neglected Aspects of War countenance, but commanded the provision of the sword, and with it, by legitimate implication, the use of it. St. Peter, by misunderstanding of our Lord's purpose and necessary death, and prematurely — because the end was not yet — used the sword wrongfully, and was rebuked ; but the general command was not rescinded. Further, the full force of this remarkable com- mand will scarcely be realized, unless we view it in connection with the reference which He Him- self made to its antecedents. " When I sent you without purse, and scrip, and shoes, 2 lacked ye anything? And they said, nothing. Then said He unto them, But now, he that hath a purse let him take it, and likewise his scrip : and he that hath no sword, let him sell his cloak and buy one ; for the things concerning Me have an end." 3 On the first mission of the Twelve, under the dispensation of His presence in the flesh, our Lord had specially directed them to go without the preparations which men ought normally to make as a matter of mere prudent provision ; they were then to rely, under the dispensation of the moment, 1 S. John, xviii, 10, n; S. Matthew, xxvi, 52-54. 2 S. Luke, x, 4 ; S. Matthew, x, 9, 10. 3 S. Luke, xxii, 35-37. War from the Christian Standpoint in upon a Providential care beyond the common — supernatural. On this second occasion He directs them to neglect no ordinary precaution, but, for the probable emergencies of life, to rely upon usual human provisions. Among these, by express command of the sword, He clearly recognizes the need of, and sanctions the resort to, self-defense by arms ; and that in the fullest sense consistent with righteousness. Nor is it without significance that He places the need of the sword before that of a garment; useful, if not indispensable. And again, it is not without significance that the authority of the sword and the gift of the Holy Ghost coincide in date ; for with the Holy Ghost comes the illumination of the Christian conscience, to which the power of the sword can securely be committed. As regards the words, " My kingdom is not of this world," they are, if rightly understood, as true now as ever. St. Paul after the Lord's departure reaffirmed, " The weapons of our war- fare are not carnal. ,, J In physical coercion of material evil the sword acts within its sphere ; it has no power over intellect, or moral assent, nor should it dare to assume such power. Attention, 1 2 Corinthians, x, 3, 4. ii2 Some Neglected Aspects of War however, fails to observe that our Lord's con- secutive expression accepts without implication of rebuke the probable course of an earthly state, confined, in redressing evil, to earthly weapons. " If My kingdom were of this world then would My servants fight, that I should not be delivered unto the Jews." * Every in- dependent state is a kingdom of this world. Its subjects, or citizens, if confronted by the prospect of innocent blood being shed, or of their Ruler being slain (their government destroyed), are justified in resisting by force. Material evil-doing would be met by physical force, and our Lord intimates no condemnation. He who knew all things, and could at will summon twelve legions of angels, 2 understood what the case demanded, and could properly refrain from what after all, had He summoned them, would have been the use of force supernatural; just as He abstained in His temptation from supplying His wants by His supernatural power. 3 He willed at His betrayal to allow violent evil to work its will ; for He and He alone, then knew that in the counsels of God it 1 S. John, xviii, 36. * S. Matthew, xxvi, 53. * S. Matthew, iv, 3-7. War from the Christian Standpoint 113 was determined that that was the hour of the Powers of Darkness. 1 Such knowledge we do not possess. We have our natural faculties; we have the revelation of God's will in the Bible ; and we have the promise of the Holy Ghost for guidance. We have, further, the sword committed to us for a present distress, which in the recent light of Armenia, of Cuba, and of China, it is not too much to affirm has not yet passed away. These are our leading data ; upon which, as to action, conscience must reach its decision, and issue its mandates. If I am asked what are we to think when two consciences, both presumably equally honest and Christian, reach opposed conclusions as to right and wrong, I am not concerned, in reply, to give definitions. It is sufficient in such cases simply to recognize the fact, upon which turns all St. Paul's argument in Romans xiv. : " To him who accounteth anything to be unclean, to him it is unclean." Such a one, individual or nation, must obey his conscience. To this dilemma of con- science as to War, Peace presents a close analogy of its own. In the Providence of God, or through the weakness of man, the most successful govern- 1 S. Luke, xxii, 53. ii4 Some Neglected Aspects of War ment is that carried on by communities of free | men, of which it is a commonplace that a healthy opposition, the clash of parties, conscientiously differing, is an inevitable feature. The why of this may be an interesting philosophical specula- tion; but for practical purposes we need only to recognize the fact. The case is precisely analogous to that of two nations warring for a principle ; of which our own history furnishes an illustration in the war between the North and the South. The marriages most successful in the development of a complete union are doubtless those where the virtues of one complement the defects of the other; but in such cases there is necessarily counter-action as well as accord. Honest collision is evidently a law of progress, however we explain its origin ; whether that be in the ordinance of God, or in the imperfection of man. THE CAPTURE OF PRIVATE PROPERTY AT SEA THE CAPTURE OF PRIVATE PROPERTY AT SEA By Julian S. Corbett The Nineteenth Century and After \ June, 1907 "AS things stand at present," writes Professor £** Perels in the last edition of his Interna- tionale Seerecht, " we cannot count on the exemp- tion of private property at sea from capture in the near future. The main factor is that the British Government since the Declaration of Paris has maintained an attitude of persistent and determined resistance to all movements for reform- ing the laws of maritime warfare." Publicists of almost all countries, including our own, have been expressing themselves in similar terms, and we are warned by some of our best international lawyers that there is growing up abroad a mass of hostile opinion on the subject which it is unsafe for us to ignore. Professor Perels' words con- veniently focus for us that alleged mass of opinion, n8 Some Neglected Aspects of War and since he was formerly Admiralitatsrath and is now Departements Direktor in Reichs-Marine Amt and Professor in the Berlin University, we may take his formula as something like our official arraignment at the bar of Europe. But before examining the charge with a view to preparing a defence it is wise at once to enter a claim to vary the indictment. We do not deny the " persistent and determined resistance.' ' We merely beg to submit that our " persistent and determined resistance " has been " to all movements for re- forming the laws of maritime warfare in the interests of the great military States." It is true that some of our most respected au- thorities would persuade us that the exemption of private property at sea from capture is particu- larly to our own interests, because we possess the largest, and therefore, as they assume, the most vulnerable mercantile marine, and because we rely for our sustenance more than any other nation on seaborne supplies. But this is a military question, on which our publicists are not safe guides. It involves strategical considerations, which clearly they have not taken into account, and their view is not shared by the Navy. It is a view, however, which is seriously urged by Capture of Private Property at Sea 119 serious people, and we must return to it. For the present it is enough to claim that the leading facts in the history of the movement create a prima facie case that exemption is for the benefit of weak fleets and powerful armies. Started origi- nally by a French abbe, the idea was first embodied in a treaty by Frederick the Great, a man who had had practical experience of how gravely the vulner- ability of commerce at sea may affect the progress of a Continental war. When he was in alliance with Great Britain it did not occur to him to make the suggestion. It was the newborn Republic of America that proposed it to him; and he wisely agreed, since the arrangement made it impossible for the United States ever to make war on him at all. Similarly, the United States was wise to get the sanction of so great a figure to the principle of immunity, since her budding commerce was always at the mercy of her one enemy so long as capture was permitted. With material advantages so great and obvious in hand it can convince no- body to talk of lofty and disinterested ideals. Next it was Napoleon who put forward the new doctrine, and sought to establish it by the revo- lutionary violence of his " Continental System." In 1866, Austria, cooped up in the head of the i2o Some Neglected Aspects oj War Adriatic by the menace of a superior Italian fleet, declared for it. Italy, similarly threatened by France, had already done so. Again, in 1870 Prussia magnanimously intimated that, true to the sublime principles of Frederick the Great, it was her intention, whatever France did, to treat as sacred all innocent private property at sea. When the buffalo found the lion in his path, he exclaimed, with a superb gesture, " For my part, I mean to remain true to my vegetarian principles." Now to examine the charge more seriously and with what temper we can. For it must be under- stood that our friends abroad make their accusa- tion opprobriously. We are represented as stand- ing in the way of human progress, of obstructing for our own selfish ends the march of civilization, of seeking to perpetuate the methods of barbarism, of thwarting the disinterested aspirations of nobler nations to mitigate the severity of war and human- ize its practice. And all this because, as they say, we refuse to complete the work of the Declaration of Paris by consenting to give to private property at sea that complete sanctity which it is unblush- ingly alleged to enjoy in warfare on land. So shocking does such depravity sound that in many Capture 0} Private Property at Sea 121 cases our serious and high-minded journalism, which is so dear to us, is beginning to ask, in its most moving and conscientious tones, if we are to be the last of all nations to recognize this sacred duty to humanity. Were it not that this particular attitude towards the question was so ludicrous it would be difficult to treat it with patience. Such a charge against ourselves is peculiarly hard, seeing that we have to our credit a record in respect of the mitigation of war which no nation can pretend to rival. There is no nation that can point to such a concession to the public opinion of the world against interest as we made in consenting, in 1856, to the doctrine of " Free ships, free goods." At the time it was widely regarded, and is still so regarded, as de- priving us of one of the most powerful weapons in our armory; and yet for the sake of goodwill amongst nations, for the sake of softening the hardships of war to neutrals, we surrendered that right. For centuries we had clung to it as essential to the maintenance of our sea power ; yet a higher and more farsighted wisdom pressed for the almost quixotic sacrifice, and it was done. Can any nation show a sacrifice beside it? Let him who can cast the first stone at us now. 122 Some Neglected Aspects of War To add to the unreasonableness of our accusers, instead of acknowledging handsomely the lengths to which we went on that occasion, they rail at us because we will not extend the principle to the complete immunity of private property at sea. As though the one principle had anything to do with the other. " You might as well say," said Sir William Harcourt during a debate on the point in 1878 — and surely he, whether as a Liberal humanitarian or an international lawyer, should carry weight enough — " You might as well say that the extension of the Great Western Railway would be an extension of the Great North- ern. They do not go in the same direction, they have not the same object, they are not parallel in any respect.' ' Nothing can serve better for clearing the subject of fallacies and exhibiting the true grounds of the British attitude than to follow out the line of reasoning which the great international jurist indicated in opposing the idea on that occasion. If the ideas which determined the status of private property in war be traced back to the dawn of modern international law, we shall find Grotius, in 1625, and Bynkershoek a century later, giving as an axiom the right to confiscate or destroy Capture of Private Property at Sea 123 all property whatsoever belonging to an enemy wherever found. The axiom was quickly modified by Vattel, who wrote during the Seven Years' War. While admitting the abstract right, he maintained that its exercise should only be per- mitted as far as it is called for by the purposes of war. Here we have the first application of the true theory of war to the question. We make war not for the purpose of doing the enemy all the harm we can, but to bring such pressure to bear upon him as will force him to do our will — that is, will convince him that to make peace on our terms is better than continuing to fight. Now, the indiscriminate plunder of private property and its wanton destruction, while causing an immense amount of individual suffering, do not contribute in the most forcible way to the kind of pressure that is needed. Consequently, it had already become the practice for an invading enemy to treat private property with a certain respect, or rather, perhaps, economy, and to endeavor to set some restraint upon its indiscriminate plunder and destruction. It is to this movement is due the oft repeated but wholly unfounded assertion that private property ashore, unlike private property at sea, 124 Some Neglected Aspects of War has been made generally immune from capture. It is further asserted that this immunity was due to a growing sense of humanity and a Christian desire to mitigate the horrors of war. Now, this is the kind of assertion which makes plain and practical people impatient with international law and blinds them to its value and reality. It is just one of those expressions which jurists let slip from a mere habit of the pen. Of this particular statement, that the restrictions in question were due to a growing sense of humanity, there is no real evidence whatever. Humanity may have been a contributory cause, but, if we turn from the loose expressions of jurists to the dry light of the orders actually promulgated by invading generals, we see at once that the real reason of the restrictions was strategical and military, and not moral at all. Take, for instance, the earliest case as typical — the rule of Gustavus Adolphus against plunder- ing: "If it is so please God that we beat the enemy either in the field or in his leaguer, then shall every man follow the chase of the enemies; and no man give himself up to fall upon the pillage so long as it is possible to follow the enemy, " etc. This germ idea that pillage actually lessens your power to exert the necessary pressure was Capture of Private Property at Sea 125 further developed by the rules of Frederick the Great ; but he took a long step further. For that great master of war recognized not only that pillage demoralized and weakened the weapon with which the pressure had to be exerted, but that pillage and destruction were not the most profitable or effective ways of exercising your rights over the enemy's property. To deprive the enemy's people of their power to produce was both to destroy the value of your conquest and its power of maintain- ing your troops. To protect the goose and enable her to continue laying her golden eggs was the only sound policy. He therefore insisted on the method of exercising his war right by levying contributions and making requisitions. By this means he at once maintained the temper of his weapon and made the pressure of the occupation more lasting, more powerful, and more directly coercive to the collective life of the enemy. To say that he abandoned his right over enemy's property is to play with words. " If an army is in winter quarters in an enemy's country," he writes in his General Principles 0} War, " the soldiers receive gratis bread, meat, and beer, which are furnished by the country." And again: "The enemy's country is bound to supply horses for the 126 Some Neglected Aspects of War artillery, munitions of war, and provisions, and to make up any deficiencies of money.' ' The truth is that no restraint of the old rule of Grotius and Bynkershoek is to be found that does not oper- ate to the military or strategical benefit of the belligerent, not one that does not directly increase the pressure which the invading force is seeking to exert to achieve its end. The principle reached its clearest expression during the Franco-German war, where it was absolutely essential to German success that they should not goad the French people into guerilla warfare, as Napoleon had done in Spain, by permitting irresponsible exercise of belligerent rights over private property. By the German orders of 1870 no requisition could be made except by general officers or officers in com- mand of detached corps. The system worked admirably, and, on the whole, as mercifully and with as little individual suffering as is possible in war. The object of an invasion — the means by which it exerts the neces- sary pressure — is to produce a stagnation of national life. This the German invasion did effect- ively, and the stagnation grew deeper and more intolerable the more it was prolonged, till submis- sion was recognized to be the lesser evil. But Capture of Private Property at Sea 127 all this was not done merely by the victories of armies. It was done by the exercise of belligerent rights over enemy's property : of the right to seize and consume it ; of the right to control roads and railways and inland waters, so as to prevent its flow and render commerce impossible except in so far as it suited the belligerent ; and of the right to carry military execution against it in case of resist- ance by its owners. Without the right to requisi- tions and contributions, without the right to con- trol civil communications, it could not be done. War, as is universally admitted, would become impossible. Nations cannot be brought to their knees by the mere conflict of armies, any more than they can by the single combats of kings. It is what follows victory that counts — the choking of the national life by process of execution on prop- erty, the stagnation produced by the stoppage of civil communications, whether public or private. Here is a picture of what the process meant, drawn by the able pen of a man who saw it face to face in 1870: " In occupied towns officials receive no salaries, professional men no fees. The law courts are closed. Holders of house property can get no 128 Some Neglected Aspects of War rent. Holders of land can neither get rent, nor can they cultivate the soil or sell their crops. The State funds pay no dividends, or, if they do, all communication between occupied and unoccu- pied districts being broken off, the dividends can- not be touched. Railway dividends are equally intangible, and perhaps the line on which the shareholder has especially counted is in the hands of the enemy." This is what conquest of territory means — the prostration of the national life; and this is why conquest of territory is the means by which land warfare seeks to gain its end. With this picture in our minds df the way in which private property is dealt with ashore, and the way in which it is made to contribute to the victor's object, let us turn to the sea, and inquire in what manner its treatment there is less moral, less human, or less necessary, if war is to be waged at all. To begin with, we note that in some respects private property has never been so badly treated at sea as it has been on land ; at least, in modern times and in regular warfare it has never been the subject of indiscriminate plunder. The ruthless scramble for loot, which led to the acutest Capture of Private Property at Sea 129 suffering and cruelty ashore, was no part of sea capture. Prizes were taken by orderly act of war, were regularly condemned, and the proceeds divided amongst the captors in cool blood and by authority. Again, at sea immediate military exe- cution was never the penalty for resisting inter- ference with private property, as it always was, and in some cases still is, ashore. The real reason why capture at sea got a bad name was due to privateers, by whom the greater part of it was done, and who in some areas, and particularly in the Mediterranean, were often guilty of unspeakable horrors. The evil was early recognized by Great Britain, and during the Seven Years' War an Act was passed forbidding the granting of commissions to vessels under a certain tonnage, in order to ensure that the work should be done by respectable merchant captains, and not by mere smugglers and pirates. It is not, of course, pretended that this law was made from merely philanthropic reasons, any more than was our concession about " free ships, free goods." Though a sense of honor did enter into it, the chief reason was that we found ourselves unable to control the lawless- ness of small privateers, and felt that neutrals, whom we did not wish to exasperate, had a legiti- 130 Some Neglected Aspects of War mate cause of complaint. Now the abuse is no longer possible, since the Declaration of Paris abolished privateering. Over and above this great mitigation of the hardships of warfare against private property at sea, there must also be taken into consideration the spread of the practice of marine insurance, which now distributes the initial loss by individuals over the general capital of the nation. The result is that even the most convinced advocates of the change, both at home and abroad, admit that the argument from inhu- manity is untenable. The Lord Chancellor, him- self our strongest advocate of reform, has plainly declared that " no operation of war inflicts less suffering than the capture of unarmed vessels at sea." The truth is that the sea service, in demanding the retention of its right to general capture, asks no more than what is universally granted to the land service. It asks no more than to exercise war rights over property in so far as, in the words of Vattel, it is called for by the purposes of war — in so far as the pressure necessary to bring peace cannot be exerted without it. It asks only to be allowed to produce that stagnation of the enemy's life at sea which an army is permitted to produce Capture of Private Property at Sea 131 ashore by conquest of territory. And how can such stagnation be produced? Not by conquest, for conquest of the sea is impossible. The sea cannot be the subject of ownership. You cannot do more, however complete your ascendency, than deprive your enemy of his use of the sea ; you can do no more than deny him that part of his national life which moves and has its being on the sea. This is what we mean when we speak of " command of the sea," and not " conquest of the sea." The value of the sea internationally is as a means of communication between States and parts of States, and the use and enjoyment of these communications is the actual life of a nation at sea. The sea can be nothing else, except a fishing-ground, and fishing is comparatively so small a factor in war nowadays that it may be eliminated from the question. All, then, that we can possibly gain from our enemy upon the sea is to deny him its use and enjoyment as a means of communication. Command of the sea means nothing more nor less than control of communica- tions. It occupies exactly the same place and discharges the same function in maritime warfare that conquest and occupation of territory does in land warfare. If one is lawful and necessary, 132 Some Neglected Aspects 0} War so is the other; if both are lawful and necessary, then each connotes the legality and necessity of the means by which alone the condition of stagna- tion can be brought about. At sea this condition is produced by dealing with private property on exactly the same principle as on land — that is to say, in the most economical and effective manner. By its capture and con- version to the use of the navy we make it contribute directly to the force and economy of our weapon, and by an orderly system of prize regulations we do it without in any way demoralizing our per- sonnel or goading the enemy's people to irregular retaliation. By no other means can we do what ashore is done by contributions and requisitions — that is, by no other means can we make enemy's property serve to a merciful and speedy end to hostilities. By this means also we control the enemy's communications, we paralyze his sea- borne commerce, we sever him from his outlying territory. By no other means can we mercifully and effectively deprive him of all the sea can give him, and produce the state of stagnation of his maritime life that conquest of territory does of his life ashore. By the victories of fleets alone it can no more be done than by the victories of armies. Capture of Private Property at Sea 133 If, then, in this way we test the doctrine of im- munity of private property in the cold light of the theory of war — if we keep in mind that war consists of two phases — firstly, the destruction of the enemy's armed forces, and, secondly, of pres- sure on the population to produce stagnation of national life, we see the answer to our great military neighbors is complete. When they ask us to abandon the right of capture of private property at sea — of dealing with it, that is, in the most merciful and effective way for achieving the purposes of war — we reply, We will do so when you abandon the right of requisition and contribu- tion. And when they ask us, as in effect they do, to give up the right of controlling sea communica- tions, we reply, We will do so when you give up the right to control roads, railways, and inland waters. If they go further — as they fairly may — and ask, " What about the hardship of detaining the crews of captured merchantmen? " we answer, " We will abandon that means of stopping your commerce also, when you abandon forced labor of the civil population ashore.' ' It is all a reductio ad absurdum. Without the exercise of such rights both conquest of territory and command of the sea become nugatory and war impossible. 134 Some Neglected Aspects of War But our opponents may reply, We do not ask you to give up control of communications. We would leave you commercial blockade. But is this what they mean? It is true that many of them except commercial blockade from their claim, but what the Lord Chancellor demands is entire exemption of private property, " unless really contraband or its place of destination be a beleaguered fortress." This, of course, amounts to a complete prohibition of our right to control communications except for the purpose of destroy- ing the enemy's armed forces. It prohibits it for the purpose of the secondary process of pres- sure, and is entirely inadmissible. The Chan- cellor's meaning is at least perfectly clear. What is difficult to believe is that those who express themselves less roundly can really mean anything else. Let us examine what the position of these men leads to. In effect they say, We admit your abstract right to capture private property at sea, but deny that its general capture on the high seas is necessary for the purposes of war. This point of view is so plausible that it has highly commended itself to our own advocates of immunity. Ignor- ing the whole theory of maritime warfare, that it is a mere question of controlling communications, Capture of Private Property at Sea 135 they argue as though all we could gain from gen- eral capture on the high seas is the paltry value of the goods seized. It was just Lord Granville's attitude at the momentous meeting of the Secret Committee of the Council on the eve of the Seven Years' War, when, on the question of whether admirals at sea should be ordered to seize French merchantmen, he declared he was against " vex- ing your neighbors for a little muck." If we regard the mere value of the property captured, this is true enough. It represents no more than the captor's attempt to subsist his fleet on the sea he commands, as ashore an army is subsisted on the territory it conquers. But the attempt never leads to much. The best we can do at sea by a complete conversion of all we can lay hands on is but a trifle compared with what is gained ashore by the process of contribution, requisition and forced labor. It is, indeed, not a little hard that the military Powers should scold us for nibbling this sorry crust when they habitually gorge themselves on baskets of loaves. But though intrinsically the capture of property on the high seas has an almost negligible military value, as a deterrent its value is beyond measure. For it is an essential part of the process of destroy- 136 Some Neglected Aspects of War ing the enemy's commerce by control of sea com- munication. Blockade alone — even if blockade in the old sense were still possible — will not do. In their best days blockades were never thoroughly effective. It is the feeling that a ship and her cargo are never safe from capture from port to port that is the real deterrent, which breaks the heart of merchants and kills their enterprise. But this is a point on which all may not agree. It matters little, for it is not the one that is fatal to our reformers' claim. The fatal point is this — that if you admit the only form of blockade that is possible under present conditions, and refuse the right of general capture, you establish a law so unfairly advan- tageous to Great Britain that no other Power could possibly be expected to assent to it, and we our- selves would certainly not have the effrontery to propose it. The current conception of effective blockade is that agreed upon between England and Russia in 1 80 1 : the port blockaded must be watched by ships anchored before it or stationed sufficiently near to make egress or ingress obviously dangerous. All countries have adopted this idea. But this was before the days of torpedoes. The idea was, as Capture of Private Property at Sea 137 actually expressed in certain Dutch treaties, that the blockading ships should be as close in as was compatible with safety from the enemy's coast defence. The defence in those days was guns. But what now of mobile defence ? Is a blockading fleet entitled to be so far out as to be beyond torpedo-boat or destroyer range? If so it must be completely out of sight, and egress and ingress cannot be manifestly dangerous, and the blockad- ing squadron must be cruising far from the port and far from territorial waters. If such distant and invisible blockade is not to be recognized as effective, then effective blockade is now impossible, and no means of controlling sea communications remains except general capture. It follows, then, that if the Continental Powers admit our right to control communication and deny us general capture, they must recognize such distant blockade as effective and lawful. Now let us see how the law would work. In the case of war with France (which, being the most unlikely one, may be taken with least offence), it would be admissible for us to station a squadron, say, off Yarmouth and stretch a chain of cruisers from the Lizard to Cape Ortegal, and declare a blockade of the whole of the French Atlantic 138 Same Neglected Aspects of War and Channel ports. Then, after due notice, every neutral and every Frenchman leaving a French port or consigned to one that appeared on the scene would be liable to be captured and sent in for judgment for attempted breach of blockade. The same liability, moreover, by the law of ultimate destination, would attach to such ships in transitu in any part of the world. In the case of Russia or Germany a similar situation could be set up still more easily, assuming we had once obtained a working command of the sea. On the other hand, it would be practically impossible for all these three Powers combined to set up such a situation against us; unless, indeed, in the unim- aginable eventuality of their being relatively strong enough to maintain a blockading chain from Finisterre through the Faroes to the coast of Nor- way. It is a pure question of geography. If, then, the doctrine of permitting blockade in its sole possible form and refusing general capture were adopted, we could always paralyze the ocean-borne commerce of any of the great military Powers, while they, being unable to blockade effectively, and not being allowed to make prizes on the high seas, could not possibly touch ours. It is not to be believed that your well-meaning Capture of Private Property at Sea 139 advocates of justice between nations can really intend an arrangement so grossly unjust. Clearly there is but one alternative — either you must leave the law as it is, or adopt the candid proposal of the Chancellor and abolish capture of private property altogether, saving only contraband and military blockade. And what the Chancellor's proposal would mean must be kept clearly in mind. It would permit us to deal with private property for the purpose of overpowering the armed force of the enemy, and deny us the right to use it for reaping the fruit of success. Turning now from the Continental Powers to America, we find that the best naval opinion there is entirely with us. The contention on which we rely is really this — that the right to capture merchantmen and their cargoes does not depend on the primitive right over enemy's property so much as on the right and necessity of controlling our enemy's communications. Let us see how it is treated by Captain Mahan, who, above all men, by his genius and learning is entitled to give judgment. His declaration is the more remarkable because America has always been the most promi- nent champion of immunity and the most ardently convinced that in advocating the reform she was 140 Some Neglected Aspects of War upholding the cause of civilization, humanity, and justice. This belief with the mass of the people has survived her taking rank as a great naval Power, and must be treated with respect. For all their practical plain sense the Americans are idealists at heart, more so, perhaps, than any other people, and it therefore required no little courage and the deepest conviction for Captain Mahan to stand up and tell his countrymen their feeling of magnanimity was false, mistaken, and contrary to plain sense and justice. Yet so he does in his latest work The War of i8i2 i calmly, cogently, and without flinching. In that work he discloses a ripe study of the theory of war which none of his others contain in the same degree — and for the full development of that theory, be it remembered, we are indebted mainly to the Germans themselves — and here is the result of its application to the question before us : " The claim for private property [he says] . . . involves a play upon words, to the confusion of ideas, which from that time [that is, from Na- poleon's Continental System] to this has vitiated the arguments upon which have been based a prominent feature of American policy. Private Capture of Private Property at Sea 141 property at a standstill ... is the unproductive money in a stocking hid in a closet. Property belonging to private individuals, but embarked in the process of transportation and exchange, which we call commerce, is like money in circula- tion. It is the life-blood of national prosperity, on which war depends, and as such is national in its employment, and only in ownership private. To stop such circulation is to sap national prosperity, and to sap prosperity, on which war depends for its energy, is a measure as truly military as is killing of the men whose arms maintain war in the field. Prohibi- tion of commerce is enforced at will when an enemy's army holds a territory. If permitted it inures to the benefit of the conqueror. ... It will not be doubted that, should a prohibition on shore be disregarded, the offending property would be seized as punishment. . . . The seizure of enemy's merchant ships and goods for violating the prohibition against their engaging in com- merce is what is commonly called the seizure of private property. Under the methods of the last two centuries it has been in administration a process as regular legally as is libelling a ship for an action in damages; nor does it differ from it in 142 Some Neglected Aspects of War principle. The point at issue is not ' Is the property private ? ' but ' Is the method conductive to the purposes of war ? ' Property strictly private on board ship, but not in process of cir- culation, is for this reason never touched, and to do so is considered as disgraceful as a common theft." He then proceeds to justify on these grounds the consistent attitude of the British Government, and to remind his countrymen that, had their ideas prevailed in 1861, there could have been no blockade of the Southern coast and the Union could only have been maintained at the cost of hundreds of thousands more lives, if, indeed, it could have been maintained at all. It is easy, of course, to dismiss Captain Mahan's theory of private property at sea being national in its employment as mere casuistry, but that will not serve. The truth it expresses will remain. We have a moral and indefeasible right at sea as well as on land to prohibit and stop, so far as we can without cruelty or unnecessary hardship, the flow of enemy's commerce, on which her resources for war depend as truly as they do upon armies and fleets. If private men in the face of Capture of Private Property at Sea 143 this admitted right choose to ignore the state of war and still embark their property in commerce, they do so with their eyes open and must not complain of the consequences. Let them keep their property quiet at home and it will not be touched — at least by the sea service. There still remains to be dealt with the argument upon which our own idealists chiefly rely. It is an argument to which allusion has been made already, but has nothing to do with morality, justice, or humanity. For though it is obvious between the lines that our advocates of reform are as sincerely moved as the Americans by an ideal of Christian progress, Briton-like they do not talk about it. With us such things are felt, not spoken. We prefer to offer material, selfish reasons for the faith that is in us, and consequently our idealists argue that the recognition of the sanctity of private property at sea would be a distinct military advantage to ourselves, and, moreover, as is also usual in such cases, that if we do not seize the opportunity to recognize it now it will not occur again. " I trust," says the Lord Chancellor, referring to President Roose- velt's proposal to have the thing settled at the coming Hague Conference: 144 Some Neglected Aspects of War " I trust that his Majesty's Government will avail themselves of this unique opportunity. [How familiar is the phrase ! ] I urge it not upon any ground of sentiment or humanity (indeed, no operation of war inflicts less suffering than the capture of unarmed vessels at sea), but upon the ground that on the balance of argument, coolly weighed, the interests of Great Britain will gain much from a change long and eagerly desired by the great majority of other Powers." So, then, it is for military reasons that we are to consent to have the teeth pulled upon which we have relied for so many generations, and to " abandon in great measure," as Captain Mahan has put our case, " the control of the sea, so far as useful to war." Let us, then, frankly examine these military reasons which the Lord Chancellor sets forth for they are not at once convincing. Indeed, it is obvious that the Lord Chancellor has not brought to bear upon the subject the pro- found study of war with which his great predeces- sor, Lord Hardwicke, enlightened our councils during the Seven Years' War. We might even beg seriously that before he gives the weight of his high reputation and exalted office any further to Capture of Private Property at Sea 145 the movement he would read and re-read that masterly series of letters which the greatest of the Chancellors addressed to the Duke of New- castle and others during the most successful war we ever waged. The main military or strategical argument that is urged is that, as we have the greatest amount of private property afloat, and rely more than anyone upon commerce for our resources, we stand to lose most by the maintenance of the existing law. " Our merchant marine/ says the Chancellor, " is vulnerable in proportion to its size and ubi- quity." This is a tremendous assumption, natural enough to one who has made no study of the reali- ties of war; but we may venture to assert that it is one which our naval staff would certainly hesi- tate to endorse. To point out its fallacy com- pletely would require a whole excursus on the British ideas of commerce protection, and possibly the disclosure of matters which the Admiralty had better keep to itself. But plain sense will suggest difficulties in accepting this very common view. Everyone must know that a cruiser's capacity for destroying commerce is not unlimited. How very limited it is the Chancellor clearly has not well considered. A cruiser can scarcely take more 146 Some Neglected Aspects 0} War than one ship at once, and to overhaul and ascertain the nationality of a ship takes time. She cannot, moreover, be in two places at once, and the sea is wide. To reach a station where she may safely begin her operations (unless we have entirely lost command of the sea) she will burn coal — she will want plenty to get back again; the time, consequently, during which she can pursue her depredations is very limited indeed. These simple matters, so real to naval officers, are usually ignored by civilians. The broad truth is that if we look at the matter from the point of view of practical warfare, and not pure mathe- matics, we shall see that there is at least a case for the opposite of the Chancellor's postulate. The greater the bulk of commerce, the more difficult does it become to make any serious impression upon it. The greater the bulk, the larger will be the percentage that is beyond the utmost predatory capacity of the enemy's fleet. Thus it is at least arguable that the invulnerability of the mass of sea-borne commerce increases with its bulk and ubiquity. To carry the matter further is impos- sible in this place. It must suffice to have pointed out that the Chancellor's postulate cannot be swallowed whole until it has been well seethed Capture of Private Property at Sea 147 in salt water. In the process it might entirely change color. Take, again, another similar argument. " The principal necessities of England's Navy," writes Professor Sheldon Amos, " are to protect her commerce, defend her coasts, and overpower the enemy : it is obvious if the Navy could be relieved of any one of these functions, so much the more disposable it would be for the efficient discharge of the other two." Here, of course, we are even further from salt water than with the Chancellor; but the passage, teeming as it does with error, has been seriously quoted abroad. How do the Professor and those who complacently cite him imagine that we can defend our coasts without defending our trade, or do either without over- powering the enemy ? It is all one — all a matter of getting control of the common communications. Unless and until we do that we have not over- powered the enemy, and we have not gone the best way about defending our coasts and commerce. Casual cruising against our commerce we can ignore, if necessary, in the process of getting control, so small nowadays is the reach and capac- ity of cruisers and so great the bulk of our com- merce. As for serious fleet attacks upon it, we 148 Some Neglected Aspects 0} War can desire nothing better. It is all very well to talk of overpowering the enemy, of seeking out the enemy's fleet and destroying him, but for this he must let you get at him. That was always our great difficulty ; and there is no means so good for making him expose himself as attacking his com- merce with your fleet and tempting him to attack yours with his. If our commerce were made as sacred from capture as an ambassador it would give little or no relief to our battle fleets, while, on the other hand, if we were denied the right to attack enemy's commerce we should lose the one sure and rapid means of forcing his battle fleet to a decision. This brings us to the final part of the argument. It is freely contended that while the immunity of sea-borne commerce would greatly relieve the strain of defence, it would scarcely affect our power of attack. The grinding power of offence which we exercised by attack on commerce in the old wars is recognized, or not denied. But it is asserted that since Napoleonic times, when these wars came to an end, the conditions have entirely changed. The change has taken place in two ways. Firstly, by the Declaration of Paris we are no longer able by general capture to prevent Capture 0} Private Property at Sea 149 the enemy's commerce being carried in neutral ships ; and, secondly, it is contended that the vast development of inland communications has made Continental nations practically independent of sea-borne trade — that is, in so far as exerting pressure to compel peace is concerned. Here again we have two of those breezy generalizations which trip so gaily from the pens of international jurists, as though they were not laden and tangled with a nexus of practical considerations, complex and indeterminate to the last degree, and entirely beyond even approximate measurement. They seem airily to neglect the fact that the capacity of neutral shipping and of inland communications is not unlimited, and to ignore the well-known difficulty of forcing trade to flow healthily out of the channels into which it has settled itself. Neu- tral ships are always fairly well full of their own business, and if you suddenly throw upon them the extra work of even one considerable mercantile marine, they will either be unequal to the task or freights must leap up to a seriously disturbing degree. The case of railways and inland naviga- tion is treated with even a less appreciation of what actually happens in war. The capacity of rail- ways is even less elastic than that of neutral ships. 150 Some Neglected Aspects of War In peace time their carrying capacity, for plain reasons of business, is seldom much beyond the traffic which accrues in supplying the actual necessities of the nation, and to calculate that with the intolerable extra strain that is always thrown upon them by the paramount exigencies of a great war they would still be able to deal with an equiva- lent of the normal sea-borne traffic is simply to ignore universal experience and the elementary facts of commerce. Even were it possible in any reasonable time to get land communications to bear all their ordinary peace traffic as well as the war traffic and that of the paralyzed mercantile marine, the dislocation of national life and action must at least produce so great a shock to trade, industry, and, above all, credit as to be a strategical blow of the highest order. It is at least a possi- bility of drastic offence that we, who are so weak, and must always be so weak in the means open to the great military Powers, cannot afford to forego. I know it is argued by some of our most respected and earnest journals that our position and the peace of the world would gain a real solidity by the sacrifice, and a real motive for the growth of armaments would be removed, because we should thereby demonstrate that our Navy is meant Capture of Private Property at Sea 151 only for defence. But that is a point incapable of demonstration, simply because it is not true. Our Navy is under certain circumstances intended for offence. Such circumstances, happily, are remote, but it is sheer fatuity to think they cannot possibly arise. Not only is no real and crushing defence possible without attack, but in cases where we are the injured party and no redress can be had except by war, then direct offence is necessary. It is a distasteful subject, above all to the higher Liberalism, where the desire to unarm is keenest. But it has to be faced, and must be faced without false sentiment, as Sir William Harcourt faced it in the great debate already cited : " There is only one security [he said] for a great naval Power : as far as you can and as soon as you can to sweep the enemy from the seas. Not only must we preserve our right to fight against the navy of our enemy, but to capture all the ships it possesses and all the means it possesses by which we may be attacked. It is the legitimate arm of this great Empire — the arm by which we defend our extended Empire. I go a great deal farther. There is no security in war unless we are strong for offence as well as defence. " It is true. We cannot make ourselves stronger 152 Some Neglected Aspects 0} War for defence or for doing our part in preserving the peace of the world by casting away our most trenchant and well-approved weapon. It was not the custom at King Arthur's Court for his knights to equip themselves for their holy quests by discarding their spears and trusting to shield and dagger. In conclusion, it is necessary to enter a protest against one other argument, which is too often advanced by the advocates of immunity, and par- ticularly from commercial centres. Failing to see they have involved themselves in a question which is mainly one of strategy and war-plans, and unable to grasp the force of the naval objection, they do not scruple to suggest that the opposition of naval officers arises from their desire for prize- money. It is to be hoped they scarcely grasp how wanton an insult they offer to a great and honor- able Service and how deeply the suspicion is resented. No one in touch with the ungrudging devotion of the modern naval officer could believe for one moment that he would permit so sordid a consideration even to color the advice he gave his country on so high a matter. It is intolerable the slander should be repeated as often as it has been. Prize-money has nothing whatever to do with the Capture 0} Private Property at Sea 153 matter. Many officers indeed are of opinion that for the good of the Service alone the system should be abolished, There might be cases in time of war, as there were in days gone by, when prize- money might warp a man's sense of duty. There- fore, they say, let it go — to whom you will. What is good for the Service is good enough for us. Chambers of commerce may find difficulty in appreciating the depth and reality of the sentiment. Could they but do so they would never permit the prize-money argument to sully their petitions again. The reason why naval officers urge with heart and soul the retention of the old right of capture is because they know not how to make war without it, nor can any man tell them. VI THE HAGUE CONFERENCE: THE QUES- TION OF IMMUNITY FOR BELLIG- ERENT MERCHANT SHIPPING THE HAGUE CONFERENCE: THE QUES- TION OF IMMUNITY FOR BELLIG- ERENT MERCHANT SHIPPING A By Alfred T. Mahan National Review \ July % 1907 T the present day, when maritime commerce has taken on unprecedented proportions, and constitutes a very large factor in the power of states, there should naturally be some surprise aroused by the proposition to exempt from the operations of war a financial feature so important to the war- waging ability of a belligerent, and at the same time so easily accessible to an enemy. The paradox — for such it is — - is in part the survival of an opinion generated by particular interests at a period when circumstances, though essentially the same as now, were in some details different. It is still more due to a misapplication of terms, accord- ing to the proverb, " Give a dog a bad name, and hang him." By ingeniously, though certainly honestly, qualifying maritime capture as the seizure 158 Some Neglected Aspects 0} War of " private " property, a haze of misunderstanding has been thrown over the whole subject, investing it with the proverbial fallacy of a half-truth. The property undoubtedly is private in ownership; but this is only a part, and the smaller part, of the issue involved. This misconception has doubtless been furthered by the fact that maritime capture, as practised during the last great maritime wars, and still allowed by international law, is the direct de- scendant of piracy. As an argument against an existing condition, this circumstance is really no more valid than the fact that men are descended from apes — if so they be ; but it is, nevertheless, telling. If we could distinctly remember, either personally or historically, men in the state of apes, it could not but affect involuntarily our way of looking at men now; we might at least be more humble. Concerning seizure of property at sea, the race has kept a continuous traditional knowl- edge of its early methods, with a resultant impres- sion of its principles. The day when, as well in peace as in war, a strange sail was more likely than not to be an enemy in intention, whom you would have to fight in order to preserve your good and your life, was perpetuated nearly to our own times. Belligerent Merchant Shipping 159 Piracy at sea is the seizure of property by persons unauthorized by a national authority, even though the owner be an enemy and the time one of war. Before national regulation was instituted, this had been a universal condition, an era of free fighting, when every merchantman was prepared to turn robber if occasion offered. The tendency re- mained after regulation had become a well- defined system, because evasion of the law and of its ministers was facilitated by the slowness with which intelligence of marauders could be trans- mitted, even throughout a limited area like the Caribbean Sea ; and the imperfections of maritime police, at a period when national cruisers were pre- occupied with strictly belligerent operations, gave additional impunity. Privateers also, though reg- ulated vessels, under bonds to a national authority, were nevertheless out simply for what they could make; and the conditions which favored piracy weakened the hold of responsibility upon them. Kidd began as a suppressor of piracy the career which ended on the gallows. While the majority of captains and owners in the later days were men of integrity, no more inclined than the average business man to take a dishonest advantage, there were doubtless many entirely unscrupulous, 160 Some Neglected Aspects o] War whose only test in opportunity was the danger of detection; and the very habit of appropriating another man's property by main force, however lawful and subject to subsequent legal procedure, doubtless fostered a disposition to irregular acqui- sition. Although a recognized — and, indeed, a necessary — use of national resources for a na- tional exigency, privateering inherently and his- torically had a tendency towards piracy, and piracy is but another name for robbery. The brutal excesses associated with the word were only incidental accompaniments of the practice, the essence of which was the taking of property without due authorization of law. The payment of prize money, upon which of late years has fastened much of the odium cast upon maritime capture, no doubt also derives in some measure from the days of piracy. To privateering, however, it had another distinct relation. It was a necessary incident, calculated to stimulate private exertion, unremunerated otherwise, to come to the help of the state and to weaken the enemy. In the beginning the pirate took the goods when and as he pleased ; but the regulated privateer sent his prize into port. If an enemy, there had to be at least formal condemnation and Belligerent Merchant Shipping 161 partition; while if a neutral, arrested for trans- gressing international obligations, the decision of a prize court was essential to the validity of the transaction. In both cases there was not only seizure of property, but subsequent appropriation to the seizer. The process differed in nothing from any other legal condemnation, except that the goods for the most part went to the individual, not to the state — a circumstance not without analogies, such as the share of an informer; but attention has fastened somewhat exclusively upon the gain of the captor, and the violence, actual or potential, by which he obtained the property of the captured. In this has been seen the gist of the transaction; precisely as in war itself, to which such capture is an incident, attention has fastened upon the overt use of organized force to accom- plish a political end, wholly oblivious of the fact that the whole security of society — itself the end of all politics — rests upon force so efficiently organ- ized, and so unassailable in power, that it rarely has to appear. Such force is so quiet in operation that its very existence is overlooked. All the same, it is paid for in the shape of legal machinery, from the single policeman to the last court of appeal; just as international peace is largely secured and 1 62 Some Neglected Aspects of War paid for by the military machinery, from the private soldier up to the sovereign authority of the nation, in which rests the awful power to set the wheels in motion. Prize money thus became to popular appre- hension the exponent, as it were, of maritime capture in war. It summed up the ethics, and the practical aspect, of the system from which it derived — a curious inconsequence, but extremely human. Prize money was the robber's gain, maritime capture the robber's trade, the sufferer the robber's victim. The property was styled " private," and was regarded in no other aspect even by men who were, or from their occupation and knowledge should have been, perfectly con- scious of the economical difference between prop- erty in rest and property circulating in commercial exchange; men who understood the financial dependence of a state upon the commerce main- tained by its citizens, and who knew that there is practically no such thing as private — individual — losses distinguished from the loss of the community to which the individual belongs. Logically, of course, there is such a distinction ; but practically it seems strange, at this late day of economic dis- cussion, to hear losses by maritime capture spoken Belligerent Merchant Shipping 163 of as individual losses which will not substantially affect the community — the state. Lord Palmer- ston is quoted triumphantly as saying that no powerful country was ever vanquished by losses to individuals. Yet we are continually being told that it is an economic commonplace that there is no such thing as one state deriving real advantage by entailing disadvantage upon its neighbor; the community of states being such that what one member suffers recoils more or less upon each of the others. To transfer this statement to a community of individuals is reasonable and obvious. The loss of one is the loss of all; and this, with curious inconsistency, will be admitted at a later stage of the argument, pointing out the extensive range of individuals interested in, and injured by, maritime capture — the producer, the transporter, the handler, the broker, the mer- chant, the banker — no one of whom may be the owner of the particular property seized. Last of all it might be added, were not the argument too double-edged, and drives too close home to serve the purpose, the national treasury suffers. As between the belligerent nations, the loss of one may be the loss of both; but it is the proportion of loss and the power to bear loss which deter- 164 Some Negected Aspects 0} War mine the balance of war and the settlements of peace. All this seems to me to be obvious, and I trust I may be fortunate enough to make it more obvious in the course of this paper ; for it certainly is not at present sufficiently so to those who write on the other side. " To the average mind/' says one, " the proposition that private property on sea should be treated on the same basis as private property on land seems almost self-evident.' ' Passing without remark for the present the circum- stance that private property on land is by the momentary conqueror treated precisely as to him seems expedient for the purposes of the war, the alleged self-evidence is such as can be reached in any case where all circumstances of difference are overlooked or ignored. No doubt the average mind is content to accept superficial resemblance, and to inquire no more ; but it might be asked of a teacher to go so far beneath the surface as to recognize the fundamental difference between a dollar in a stocking and a dollar in circulation. This also is obvious, though not superficial; and the " private property " embarked on merchant vessels is private property — money's worth — in circulation. Transportation is accumulative circu- Belligerent Merchant Shipping 165 lation; and, from a clear military point of view, the object aimed at, by the method of seizing vessels and cargoes at sea, is to stop the increase of the enemy's wealth by circulation, by stopping the transportation of his goods, of what- ever character. This is the essence of the matter ; the fact of the property being private in ownership is a mere incident ; and in making it the forefront of the argument lies the fallacy which has misled its supporters as to the principles at stake. The question of expediency is another and different consideration, which must be otherwise treated. History furnishes us abundant illustration of the divergent status and effect of property at rest and property in circulation, in peace as well as in war. In America now, at each recurrent harvest, the question of transportation, of circulating the products of the ground, gives rise to anxious dis- cussion, carried far into the realms of high finance as bearing upon the national prosperity. Without transportation, the farmer's crop becomes his dollar in the stocking; rather worse than better, inasmuch as for his wants coin is better than barter. Were the country at war, and the enemy hoped to increase embarrassment by denying transportation, is it to be supposed that he would not, to the 1 66 Some Neglected Aspects of War extent of his power, order the railroads to stop carrying? If disobedience ensued, is it likely that the offending property would not be confiscated? Is not property continually liable to confiscation, partial or total, for breach of law? But the farmer's ploughs, and other agricultural imple- ments, his household furniture, all his property unavailable for circulation, and therefore essen- tially " private," would not be touched ; nor is the corresponding property of individuals at sea liable now to seizure. Not being embarked for circu- lation — for commerce — it is truly private, and for long over a century has been strictly respected. In war the career of Napoleon has furnished a striking evidence of the effects of stopping circu- lation. I find, in the argument of an advocate of immunity for " private property " at sea, the statement that " Napoleon was not overthrown by the commercial losses of French merchants, but by the battle of Waterloo." Doubtless many causes contribute to each result, and in the appor- tionment of weight differences of opinion must arise; but I should say that foremost among the causes of Napoleon's fall was the fact that to the products of France, so wealthy in her fields, vineyards, and manufactures, circulation was Belligerent Merchant Shipping 167 denied by the fleets of Great Britain. The cessa- tion of maritime transportation deranged the entire financial system of France, largely dependent upon foreign custom. She could neither raise revenue nor borrow ; both money and credit were want- ing. That these conditions existed is histor- ically certain, as is also that they reacted upon the government in financial embarrassment. This in turn provoked the Continental System, not merely for retaliation, but to compel Great Britain to peace; and the attempt to enforce compliance with the Continental System led to the war with Russia and to the subsequent uprising of Europe against the Emperor. Meanwhile, great as was Napoleon's passion for war, sheer need of money had driven him on to recurrent hostilities, the suc- cessful issue of which enabled him in some degree to recoup his treasury by direct assessment, — war indemnities, — and indirectly by quartering his armies indefinitely upon the conquered. This was for him only a partial alleviation, it is true, but it was something. It alone, in some small part, could compensate for the paralyzing loss of revenue caused by the cessation of maritime transportation ; and the enemy enforced this privation by the sei- zure of " private property " at sea. As for Water- 1 68 Some Neglected Aspects oj War loo, however decisive as a particular battle, it was but the last blow of a series — the capping stone of the misfortunes of 1812-14. The downfall of Napoleon was due to the fact that for a series of years he had been wasting his armies, the manhood of France, her human capital, in unsuccessful at- tempts to restore her finances and to compel Great Britain to cease from capturing private property at sea. Recall Metternich's words to him in 181 3 : " Sire, I have seen your soldiers; they are chil- dren." The instance is extreme, but in extreme illustra- tions demonstration is most apparent ; and, though extreme, it is not unparalleled. It is not likely, indeed, that we shall again see so predominant a \ naval power as that of Great Britain then. Let us, however, before quitting this part of the subject, note that the United States, by the same instru- mentality, and by the operation of the same causes, was in 18 14 forced to abandon all the con- tentions for which in 181 2 she had gone to war. She possessed in abundance the raw material of wealth, but there was no circulation. The corn, cotton, and tobacco were harvested, and there they remained, piled up, but unavailable. " Our finances are in a deplorable state," wrote Monroe, \ Belligerent Merchant Shipping 169 the Secretary of State. " The means of the coun- try have scarcely been touched, yet we have neither money in the Treasury, nor credit." " Even in this State [Maryland] the Government shakes to the foundation." Why? Because the transpor- tation of private property by sea, whether coast- wise or foreign, was successfully prohibited by the enemy. Fifty years later the Southern Confederacy suf- fered in like manner from the naval power of the Union — to it as extreme and irresistible as that of Great Britain had been to Napoleon. The vast store of wealth locked up in its cotton-fields was unavailable, because denied transportation. To analyze and demonstrate the precise character and amount of the effect thus produced upon the for- tunes of the Confederacy would be a work of minute and protracted examination, the material for which probably exists ; but it is scarcely rash to affirm that the embarrassment caused by the depreciation of the currency and the emptiness of the Treasury, permeating all classes of the com- munity, had a dissolvent effect not only upon society, but upon the armies. In this connection I venture to support my argument by the high authority of Mr. Charles Francis Adams, himself 170 Some Neglected Aspects of War a soldier, not a seaman, in the War of Secession. In his appreciative address upon General Lee at the centennial birthday of that great captain, he markedly affirms the decisive effect of the blockade — the " air-pump," to use his apt simile — which was enforced by seizing the " private property " that sought to violate it. Lee himself is quoted. " Thousands of our soldiers are barefooted, a greater number partially shod, and nearly all without overcoats, blankets, or warm clothing;" and later, in the dead of winter, " Further depend- ence upon abroad can result in nothing but increase of suffering and want." Better conditions of transportation and finance would have protracted the war, and subjected the endurance of the North to a test it might have been unable to meet. Let it be recalled that before Vicksburg, two years be- fore Lee's surrender, General Grant was troubled with doubts as to the effect of further disappoint- ments upon the Northern people. It is no rash claim that both Napoleon and the Confederacy were overthrown mainly by measures which de- pended for their energy upon the seizure of 11 private property " upon the seas. This needs to be clearly indicated, for another advocate of immunity, on " self-evident " grounds, has affirmed Belligerent Merchant Shipping 171 that " in the American Civil War the Confederate commerce was blockaded at every port, but it was the victory of the Union army which decided the contest." The destruction of the Confederacy's intercourse with the outer world, like some deep- seated local disease, poisoned the springs of life, spreading remorselessly through innumerable hid- den channels into every part of the political frame, till the whole was sick unto death. The essence of the question involved in the seizure of " private property " at sea is transporta- tion; and with three such conspicuous instances within a century its effectiveness is historically demonstrated. The belligerent state, in the exer- cise of a right as yet conceded by international law, says in substance to its adversary, " I forbid your citizens the maritime transportation of their commercial property. Articles of whatever char- acter, including the vessels which carry them, vio- lating this lawful order will be seized and con- demned.' ' Seizure is made contingent upon move- ment ; otherwise the property is merely bidden to stay at home, where it will be safe. All this is in strict conformity with the execution of law under common conditions; and the practice is now regulated with a precision and system consonant 172 Some Neglected Aspects of War to other legal adjudication, the growth of centuries of jurisprudence directed to this particular subject. Its general tendency I have indicated by certain specific instances. It is efficient to the ends of war, more or less, according to circumstances; and by distributing the burden over the whole community affected it tends to peace, as exemption from capture could not do. If the suffering of war could be made to fall only on the combatants actually in the field, the rest of the nation being protected from harm and loss by the assured ability to pursue their usual avocations undis- turbed, the selfishness of men would more readily resort to violence to carry their ends. In support of the widespread effects of interrup- tion to transportation, I gladly quote one of the recent contendents for immunity of " private prop- erty " from maritime capture. Having on one page maintained the ineffectiveness of the seizure, because individual losses never force a nation to make peace, he concludes his article by saying : "The question interests directly and vitally thousands of people in every country. It is of vital importance to those who go down to the sea in ships, and those who occupy their business in Belligerent Merchant Shipping 173 great waters. It appeals not only to every ship- owner, but also to every merchant whose goods are shipped upon the sea, to every farmer whose grain is sent abroad, to every manufacturer who sells to a foreign market, and to every banker who is dependent upon the prosperity of his countrymen." I can do little to enhance this vivid presentation by an opponent ; yet if we add to his list the butch- ers, the bakers, the tailors, shoemakers, grocers, whose customers economize; the men who drive drays to and from shipping, and find their occu- pation gone; the railroads, as the great common carriers, whose freights fall off; the stockholders whose dividends shrink ; we shall by no means have exhausted the far-reaching influence of this inter- meddling with transportation. It is a belligerent measure which touches every member of the hostile community, and, by thus distributing the evils of war, as insurance distributes the burden of other losses, it brings them home to every man, fostering in each a disposition to peace. It doubtless will not have escaped readers famil- iar with the subject of maritime prize that so far I have not distinguished between the interruption 174 Some Neglected Aspects of War of transportation by blockade and that by seizure on the high seas. The first, it may be said, is not yet in question; the second only is challenged. My reason has been that the underlying military principle — and, as I claim, justification — is the same in both; and, as we are dealing with a question of war, the military principle is of equal consideration with any other, if not superior. The effect produced is in character the same in both. In efficacy, they differ, and their comparative values in this respect are a legitimate subject for discussion. In principle and method, however, they are identical; both aim at the stoppage of transportation, as a means of destroying the re- sources of the enemy, and both are enforced by the seizure and condemnation of " private prop- erty " transgressing the orders. This community of operation is so evident that, historically, the advocates of exemption of private property from confiscation in the one case have demanded, or at the least suggested, that blockade as a military measure cannot be instituted against commerce — that it can be resorted to only as against contraband, or where a port is " invested " by land as well as by sea. This was Napoleon's contention in the Berlin Decree ; and it is worthy Belligerent Merchant Shipping 175 of grave attention that, under the pressure of momentary expediency, the United States more than once, between 1800 and 181 2, advanced the same view. This I have shown in my history of the War of 181 2. * Had this opinion then prevailed, the grinding blockade of the War of Secession could not have been applied. If we may imagine the United States and the Confed- erate States parties to a Hague Conference, we can conceive the impassioned advocacy of re- stricted blockade by the one, and the stubborn refusal of the other. This carries a grave warning to test seeming expediency in retaining or yielding a prescriptive right. There is no moral issue, if my previous argument is correct; unless it be moral, and I think it is, to resort to pecuniary pressure rather than to bloodshed to enforce a belligerent contention. As regards ex- pediency, however, each nation should carefully weigh the effects upon itself, upon its rivals, and upon the general future of the community of states, before abandoning a principle of far- reaching consequence, and in operation often beneficent in restraining or shortening war. It has been urged that conditions have so 1 Vol. i. pp. 146-148. 176 Some Neglected Aspects of War changed, through the numerous alternatives to sea transport now available, that the former efficacy can no longer be predicated. There might be occasional local suffering, but for communities at large the streams of supply are so many that the particular result of general popular distress will not be attained to any decisive degree. Has this argument really been well weighed? None, of course, will dispute that certain conditions have been much modified, and for the better. Steam not only has increased rapidity of land transit for persons and goods ; it has induced the multiplica- tion of roads, and enforced the maintenance of them in good condition. Thanks to such mainte- nance, we are vastly less at the mercy of the seasons than we once were, and communities now have several lines of communication open where formerly they were dependent upon one. Nevertheless, for obvious reasons of cheapness and of facility, water transport sustains its ascendency. It may carry somewhat less proportionately than in old times; but, unless we succeed in exploiting the air, water remains, and always must remain, the great medium of transportation. The open sea is a road which needs neither building nor repairs. Compared with its boundless expanse, two lines Belligerent Merchant Shipping 177 of rails afford small accommodation — a circum- stance which narrowly limits their capacity for freight. In a less degree the same advantage inheres in natural watercourses. For construction and maintenance, streams like the Thames, the Rhine, the Hudson, and even the Mississippi with its levees, do not approach in cost the easiest of land routes; while for facility of traffic in large quan- tities no four-track railroad approaches them. In them Nature has laid the road on the generous scale which she has granted to water, and main- tains it largely by her own action. For such per- manent reasons, coasting trade, national or inter- national, continues between points which have unbroken land communication, even in competi- tion with highly developed railroad systems. The tonnage annually freighted on the Great Lakes of North America exceeds six millions; yet all points on those lakes can communicate with each other by land. Waiving, therefore, the cases of continents, between which there is no land com- munication, as Europe and America, and of islands like Great Britain, Japan, Australia, it is plain that water transportation must continue to fill a very large place in that circulation of merchandise 178 Some Neglected Aspects of War which we call commerce. This means that it must remain, as it now is, a factor in a system, a great and important wheel in a complicated machinery of interchange. If this is so, impairment of it must materially derange the whole, to the detri- ment of the nation. We need not go very far to seek contemporary illustration of the influence of diminished trans- portation. The American difficulty of moving the crops offers a precise analogy to the effect of stopping ocean traffic. At present that recurrent embarrassment is not merely a question of finance, of ampler currency. It is due also to insufficient railroad lines and rolling stock — that is, to trans- portation deficiencies. It matters not whether such deficiency is, as we say, original, or that it results from impairment, such as the depredation of an enemy. The point is the insufficiency, not the cause of such insufficiency; in fact, it may profit- ably be noted that in the immediate instance the embarrassment exists in the face of conditions, the gradual growth of which permitted foresight and provision to meet them. How manifold more injurious and disturbing if the cause were a sudden dislocation of the transportation system by war, throwing a new and unexpected burden upon Belligerent Merchant Shipping 179 roads presumably no more than adequate to a usual maximum of traffic ! The very scale upon which commerce is now conducted, the facilities, conveniences, luxuries, which it has introduced into ordinary households, while swelling its vol- ume, have made greater and more far-reaching the effects of any obstruction. The stoppage of a coasting-trade, the closing of a few principal ports of entry, would so congest the trunk lines of a national system that the influence would be felt instantly in every shop and household, and speedily in the national treasury. People also are now more luxurious, less hardened to bear, impatient over privations which their predecessors would hardly notice. The phrase " artificial wants " is no vain expression. For an example, consider France, a country exceptionally fortunate in maritime and landwise position. She has three coast-lines, of which the longest is upon the great ocean itself. There no narrow passage, as the Channel, nor short seaboard, as in the Mediterranean, embarrasses her access to the outer world. She has, besides, several land frontiers — Belgium, Germany, Switz- erland, Italy — by any one of which she may receive supplies. These relatively numerous points 180 Some Neglected Aspects of War of contact with the outside world — pre-eminent among them being Belgium and the Bay of Bis- cay — make the situation of France unusually favorable, when compared with most countries having Continental boundaries. All cannot be conceived shut at the same time, and the guaran- teed neutrality of Belgium presents an alternative nearly absolutely secure. Nevertheless, as a mere question of transportation, if we suppose only Havre, Nantes, and Bordeaux closed to commerce, there can be little question that the additional burden of local handling, and subsequent railway carriage, thrown upon, say, Antwerp and Marseilles, would sharply test the system of distribution by railroad ; and the collection of customs at the land frontier would introduce further impediments. To utilize German ports in addition would involve a greater circuit, every mile of which — as, indeed, of that through Belgium — would add to the ex- pense of the consumer by all the heavier charge and more meagre supply of a lengthened and overweighted land carriage. Such derangement of an established system of sea transportation is more searching, as well as more easy, when the shipping involved has to pass close by an enemy's shores ; and still more if the Belligerent Merchant Shipping 181 ports of possible arrival are few. This is conspicu- ously the case of Germany and the Baltic States relatively to Great Britain, and would be of Great Britain were Ireland independent and hostile. The striking development of German mercantile tonnage is significant of the growing grandeur, influence, and ambitions of the empire. Its exposure, in case of war with Great Britain, and only in less degree with France, would account, were other reasons wanting, for the importunate demand for naval expansion. Other reasons are not wanting; but in the development of her mer- chant shipping Germany, to use a threadbare phrase, has given a hostage to Fortune. Except by the measure advocated, and here opposed, of exempting from capture merchant vessels of a belligerent, with their cargoes, as being " private property,' ' Germany is bound over to keep the peace, unless occasion of national safety — vital interests — or honor drive her, or unless she equip a navy adequate to so great a task as pro- tecting fully the carrying trade she has laboriously created. The exposure of this trade is not merely a matter of German interest, nor yet of British. It is of international concern, a circumstance making for peace. 1 82 Some Neglected Aspects oj War The retort is foreseen : How stands a nation to which the native mercantile shipping, carrying trade, is a distinctly minor interest, and therefore does not largely affect the question of transporta- tion? This being maintained by neutrals, the accretion of national wealth by circulation may go on little impaired by hostilities. The first most obvious reply is that such is a distinctly specialized case in a general problem, and that its occurrence and continuance are dependent upon circum- stances which frequently vary. It lacks the ele- ments of permanence, and its present must there- fore be regarded with an eye to the past and future. A half-century ago the mercantile marine of the United States was, and for nearly a century before had been, a close second to that of Great Britain ; to-day it is practically non-existent, except for coasting-trade. On the other hand, during the earlier period the thriving Hanse towns were nearly the sole representatives of German shipping, which now, issuing from the same harbors, on a strip of coast still narrow, is pressing rapidly forward under the flag of the empire to take the place vacated by the Americans. With such a reversal of conditions in two promi- nent examples, the problem of to-day in any one Belligerent Merchant Shipping 183 case is not that of yesterday, and may very well not be that of to-morrow. From decade to decade experience shifts like a weather-cock; the states- man mounted upon it becomes a Mr. Facing- Bothways. The denial of commercial blockade, the American national expediency of 1800, sug- gested by such eminent jurists as John Marshall and James Madison, would have been ruinous manacles to the nation of 1861-65. A govern- ment weighing its policy with reference to the future, having regard to possible as well as actual conditions, would do well before surrendering existing powers — the bird in the hand — to consider rather the geographical position of the country, its relation to maritime routes — the strategy, so to say, of the general permanent situa- tion — and the military principles upon which maritime capture rests. In that light a more accurate estimate will be made of temporary tac- tical circumstances, to-day's conditions — such, for instance, as set forth by the present Lord Chan- cellor of Great Britain. 1 In his letter, favoring immunity from capture for " private property," disproportionate stress is laid upon the dangers of Great Britain, the points which make against 1 The Times of October 14, 1905. 1 84 Some Neglected Aspects of War her; a serious tactical error. The argument from exposure is so highly developed, that the possible enemies whose co-operation is needed to secure the desired immunity for " private " property might well regard the request to assist as spreading the net in the sight of the bird; a vanity which needs not a wise man to detect. On the other hand, the offensive advantage of capture to Great Britain, owing to her situation, is, in my judgment, inadequately appreciated. The writer has fallen into the mistake which our General Sherman characterized as undue imagina- tion concerning what " the man on the other side of the hill " might do; a quaint version of the first Napoleon's warning against " making a picture to yourself." The picture of Great Britain's dangers is overdrawn; that to her enemies — " the full measure of the mischief we could do to a Continental nation " — is underdrawn. It would seem as if, in his apprehension, " the disastrous consequences which would flow from even slight depredations by commerce destroyers on British shipping " could find no parallel in the results to a Continental trade from British cruisers. France or Germany, for example, shut off from the sea, x Indirect, I presume. — A. T. M. Belligerent Merchant Shipping 185 can be supplied by rail from, say, Antwerp or Rotterdam; but it is apparently inconceivable that, in the contingency of a protracted naval war, the same ports might equally supply Great Britain by neutral ships. Alternate sea routes close, apparently automatically; only alternate land routes stay open. Thus undue weight is laid upon defensive motives, where the offensive requires the greater emphasis. The larger mer- chant tonnage of Great Britain involves a greater defensive element, yes; but are not defensive conditions favorably modified by her greater navy, and by her situation, with all her western ports open to the Atlantic, from Glasgow to Bristol and round to Southampton? And is not the station for such defence identical with the best for offence by maritime capture? The British vessels there occupy also a superior position for coal renewal; the difficulty of which for an enemy, threatening the Atlantic approaches to Great Britain, seems too largely discounted by imaginations preoccupied with hostile commerce destroyers. The concluding sentence of Lord Loreburn's letter contains a warning familiar to military thought. " Great Britain will gain much from 1 86 Some Neglected Aspects of War a change long and eagerly desired by the great majority of other Powers. ' ' The wish of a possible enemy is the beacon which suggests the shoal. The truth is, if the British Navy maintains supe- riority, it is to the interest of her enemies to have immunity from capture for "private property;" if it falls, it is to their interest to be able to capture. The inference is safe that probable enemies, if such there be, and if they entertain the wish as- serted, do not expect shortly to destroy the British Navy. While unconvinced by the reasoning, it is re- freshing to recognize in this letter a clear practical enunciation which sweeps away much sentimental rhetoric. " I urge [immunity for private property] not upon any ground of sentiment or humanity (indeed, no operation of war inflicts less suffering than the capturing of unarmed vessels at sea), but upon the ground that on the balance of argument, coolly weighed, the interests of Great Britain will gain much from the change." I more than doubt the conclusion; but its sobriety contrasts pleas- antly with the exuberances, " noble and enlight- ened action," " crown of glory," and the like, with which it pleases certain of our American advocates to enwreathe this prosaic utilitarian proposition. Belligerent Merchant Shipping 187 A possibility which affects the general question much more seriously than others so far considered, is that of neutral carriers taking the place of a national shipping exposed to capture under present law. This is one phase of a change which has come over the general conditions of carrying trade since the United States became a nation, and since Great Britain, three-quarters of a century afterwards, formally repealed her Navigation Acts. The discussion preceding this repeal, to- gether with the coincident Free Trade movement, preceded by but a few years the Treaty of Paris in 1856, and gave an impulse which doubtless facilitated the renouncement in that treaty by Great Britain of the right to capture enemy's property under a neutral flag. The concession was in the air, as we say ; which proves only that it was contagious, not that it was wise. Like many hasty steps, however, once taken it probably is irreversible. The effect of this concession has been to legalize, among the several great states signatory to the treaty, the carriage of belligerent property by neutral ships, in which previously it had been liable to seizure. In its later operation, the con- demnation of the enemy's property had not in- 188 Some Neglected Aspects of War volved the neutral carrier further than by the delays necessary to take her into port, adjudicate the question of ownership, and remove the prop- erty, if found to be belligerent. Such detention, however, was a strong deterrent, and acted as an impediment to the circulation of belligerent wealth by neutral means. It tended to embarrass and impoverish the belligerent; hence the removal of it is a modification of much importance. Neutral shipping thus is now free to take a part in hostili- ties, which formerly it could only do at the risk of loss, more or less serious. To carry belligerent property, which under its own flag would be open to seizure, is to aid the belligerent ; is to take part in the war. In considering such an amelioration, if it be so regarded, it is possible to exaggerate its degree. If a nation cherishes its carrying-trade, does a large part of its transportation in its own vessels, and is unable in war to protect them, the benefit of the innovation will be but partial. Its own shipping, driven from the sea, is an important element in the total navigation of the world, and the means to replace it will not be at once at hand. Neutrals have their own commerce to maintain, as well as that of the weaker belligerent. They Belligerent Merchant Shipping 189 would not undertake the whole of the latter, if they could; and, if they would, they will not at once have the means. Steamships driven off the sea, and for the moment lost to navigation, cannot be replaced as rapidly as the old sailing-vessels. Moreover, neutral merchants have to weigh the chances of hostilities being short, and that the banished shipping of the belligerent may return in its might to the seas with the dawn of peace, mak- ing their own a drug on the market. In short, while the belligerent profits from a change which gives him free use of neutral ships, whereas he formerly had only a limited use, a considerable embarrassment remains. The effect is identical in principle and operation with that before indi- cated, as resulting from blockading a few chiei harbors. A certain large fraction of transporta- tion is paralyzed, and the work done by it is thrown upon ports and roads which have not the necessary facilities. It is as though a main trunk line of railroad were seized and held. The general system is deranged, prices rise, embarrassment results, and is propagated throughout the business community. This affects the nation by the suffer- ing of thousands of individuals, and by the conse- quent reduction of revenue. 190 Some Neglected Aspects 0} War It would seem, therefore, that even under mod- ern conditions maritime capture — of "private" property — is a means of importance to the ends of war; that it acts directly upon the individual citizens and upon the financial power of the bel- ligerent, the effect being intensified by indirect influence upon the fears of the sensitive business world. These political and financial consequences bring the practice into exact line with military principle ; for, being directed against the resources of the enemy, by interrupting his communications with the outer world, it becomes strictly analogous to operations against the communications of an army with its base — one of the chief objects of strategy. Upon the maintenance of commun- ications the life of an army depends, upon the maintenance of commerce the vitality of a state. Money, credit, is the life of war. Lessen it, and vigor flags ; destroy it, and resistance dies. Accept- ing these conclusions, each state has to weigh the probable bearing upon its own fortunes of the continuance or discontinuance of the practice. From the military point of view the question is not merely, nor chiefly, " What shall our people escape by the abandonment of this time-sanctioned method?" but, "What power to overcome the Belligerent Merchant Shipping 191 enemy shall we thereby surrender? " j It is a question of balance, between offence ana defence. As Jefferson said, when threatened with a failure of negotiations, " We shall have to begin the irrational process of trying which can do the other most harm." As a summary of war, the sentence is a caricature; but it incidentally embodies Farragut's aphorism, " The best de- fence is a rapid fire from our own guns." For the success of war, offence is better than defence ; and in contemplating this or any other military meas- ure, let there be dismissed at once, as preposterous, the hope that war can be carried on without some one or something being hurt; that the accounts should show credit only and no debit. For the community of states a broader view should be taken, from the standpoint that what- ever tends to make war more effective tends to shorten it and to prevent it. Neutrals have always been inconvenienced by war, but in the intricate network of modern commerce the injury is more widespread. It is more than ever desirable to prevent an outbreak ; and should one occur it would be sound policy for neutrals coldly to refuse to aid either party. In past days, while reading pretty extensively 192 Some Neglected Aspects of War the arguments pro and con as to the rights and duties of neutrals in war, it has been impressed upon me that the much-abused Rule of 1756 stood for a principle which was not only strictly just, but wisely expedient. The gist of the Rule was that the intervention of a neutral for the com- mercial benefit of a belligerent was as inconsistent with neutrality as it would be to help him with arms or men. The neutral was not to suffer; what he did habitually in peace was open to him in war — except the carriage of contraband and of cargoes hostile in ownership ; but what was closed to him in peace it was contrary to neutrality to undertake in war for the belligerent's easement. If the states represented at The Hague would adopt a code of neutrality forbidding any enlarge- ment of a neutral tonnage, in the carriage for a belligerent, over that practised in peace; if they should agree concerning blockade-running -that not only are ship and cargo open to condemnation, but the crew to imprisonment, as engaged in belligerent service; if they would forbid the ex- tension of loans by neutral capitalists to govern- ments actually at war; if, even, they would re- establish the rule that an enemy's property in a neutral ship is lawful prize ; they would do a much Belligerent Merchant Shipping 193 better stroke for the world's peace than by granting immunity to the commerce of a, belligerent, which is the proposition before us. So far from an amelioration, this is an incentive to war by remov- ing one of its evils, and that an evil which strikes the whole belligerent community, not merely the navies and armies in the field. Removal, there- fore, is contrary to sound policy, and to an acknowl- edged experience that the more deadly and exten- sive in operation the instruments of war the less frequent and the shorter the appeal to arms. The capture of an enemy's property at sea, when in process of commercial exchange, is a weapon of offensive war. The effects are unusually searching and extensive, because distributed over the whole belligerent community; yet they are also among the most humane, because they act by loss of property while entailing little bloodshed. THE END. 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