UNIVERSITY OF CALIFORNIA AT LOS ANGELES THOMPSON, Joseph Parrish, scholar, b. in Philadelphia, Pa., 7 Aug., 1819; d. in Berlin, Germany, 20 Sept., 1879. He was graduated at Yale in 1838, studied theology for a few months in Andover seminary, and then at Yale from 1839 till 1840, when he was ordained as a Congregational minister. He was pastor of the Chapel street church in New Haven from that time till 1845, and during this period was one of the founders of the " New Englander." From 1845 till his resig- nation in 1871 he had charge of the Broadway tabernacle in New York city. Dr. Thompson de- I voted much time to the study of Egyptology, in | "which he attained high rank. In 1852-'3 he visited Palestine, Egypt, and other eastern countries, and from that time he published continual contribu- tions to this branch of learning in periodicals, the transactions of societies, and cyclopaedias. He lectured on Egyptology in Andover seminary in 1871, and in 1872=!H_*>ide,d in Berlin, Germany, occupied in oriental studies, took an active part in the social, political, and scientific discussions, and was a member of various foreign societies, before which he delivered addresses, and contributed es- says to their publications. These have been issued under the title of " American-Coinmejits on Euro- pean Questions" (New York, 1884). In 1875 Dr. Thompson went to England to explain at public meetings "the attitude of Germauy in-cegard to Ultrarnontanism," for which service he was re- warded by the thanks of thejifijmjan_government, expressed in person by Prince Bismarck, and Dr. Thompson originated the plan of the Albany Con- gregationalist convention in 1852, and was a mana- ger of the American Congregational union and the American home missionary society. He also aided in establishing the New York ^Independent." Harvard gave him the degree of DTD? in 1856, and the University of New York that of LL. D. in 1868. He published " Memoir of Timothy Dwight " (New Haven, 1844) ; " Lectures to Young Men " (New York, 1846) : " Hints to Employers " (1847) ; " Memoir of David Hale " (1850) ; " Foster on Missions, with a Preliminary Essay" (1850); " Stray Meditations " (1852 ; revised ed., entitled " The Believer's Refuge," 1857) ; "The Invaluable Possession " (1856) ; " Egypt, Past and Present " -(Boston, 1856): "The Early Witnesses" (1857); " Memoir of Rev. David T. Stoddard " (New York, 1858) ; " The Christian Graces " (1859) ; " The Col- lege as a Religious Institution " (1859) ; " Love ^nd Penalty" (1860); "Bryant Gray" (1863); " Christianity and Emancipation " (1863) ; " The Holy Comforter" (1866); "Man in Genesis and Geology" (1869); "Theology of Christ, from His Own Words" (1870); "Home Worship" (1871); " Church and State in the United States " (1874) ; " Jesus of Nazareth : His Life, for the Young " (1875) ; " The UnitedJatates^a^ a Nation," ' lectures (1877); and "The Workman: his False Friends From MRS. .1. P. THOMPSON, 55 Hillhouse Avenue, 3{F.W H/1YHN, CONN. AMERICAN COMMENTS ON EUROPEAN QUESTIONS, INTERNATIONAL AND RELIGIOUS JOSEPH P. THOMPSON FORMERLY OF NEW YORK, AND AFTERWARD OF BERLIN BOSTON HOUGHTON, MIFFLIN AND COMPANY New York: 11 East Seventeenth Street (2T&e Rtoerg'ite $re?& Camfcritijje 1884 Copyright, 1SS4, Br MM. E. 0. TIIOMPSOX. All rights reserved. Tu Kiffrslrlf Prttt, Elctrotypl and rrinted by II 0. Houghton & Co. EDITORIAL NOTE. , THE author of the Essays here brought together re- sided in Berlin from the time when his health broke ^down in 1871 until his death in 1879. In leaving New York he had expected to lead the life of a scholar, and to 2 prosecute the study of Egyptian antiquities in their rela- * tion to the Bible, amid all the advantages which are of- o= fered in the libraries, museums, and lecture-rooms of the eg German capital. But his dominant interest in civil and religious liberty, and in all social movements which in- \i volved the discussion of fundamental principles, forbade *r> him to be a recluse ; and he responded, notwithstand- g ing the prolonged physical sufferings by which he was hindered, to frequent calls for speeches and essays in , different countries where exciting questions were under <> discussion, and where he believed that the voice of an M> American familiar with European affairs might help on -* the deliberations of the friends of human progress. Many of his addresses were widely distributed in differ- ent languages. Some of them have permanent value. In this belief, they are offered to those who love and honor the name of a fearless, eloquent, and enlightened 453361 VI PREFACE. advocate of Christian liberty in Church and State. In addition to the addresses several essays are here given, in which the author shoves his high estimate of scientific researches, while he steadily upholds the doctrines of the Christian faith. CONTENTS. PAGE I. THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL . . 1 II. PAPARCHY AND NATIONALITY 33 III. THE ARMAMENT OF GERMANY 92 IV. THE INTERCOURSE OF CHRISTIAN WITH NON-CHRISTIAN PEOPLES 104 V. CONCERNING TREATIES AS MATTER OF THE LAW OF NA- TIONS 132 VI. ON INTERNATIONAL COPYRIGHT 151 VII. THE RIGHT OF WAR INDEMNITY 168 VIII. SHALL ENGLAND SIDE WITH RUSSIA? .... 175 IX. WHAT is SCIENCE ? 186 X. WHAT is RELIGION? 219 XL CHRIST, THE CHURCH, AND THE CREED .... 247 XII. LUCRETIUS OR PAUL 257 XIII. FINAL CAUSE; A CRITIQUE OF THE FAILURE OF PALEY AND THE FALLACY OF HUME 300 INDEX . 331 COMMENTS OF AN AMERICAN ON EURO- PEAN QUESTIONS. I. THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. 1 (From the Princeton Review, May, 1878.) THE stirring events at Rome and Constantinople in the opening of the current year set loose again the tongues of the Gumming school of prophets, which had been silent since 1871, and the "times" of Daniel, the seals, trumpets, and vials of the Apocalypse, the beast and the false prophet, the dragon and the scarlet woman, Babylon and Armageddon, the mystic 666, were for the hundredth time paraded as witnesses for the imminent destruction of the world by the second advent of Christ. And, indeed, never before in our time had Christ's warning of the coming judgment such pregnant signs as in these days of widespread commercial depression and bankruptcy, of war, tumult, and suspicion ; " wars and commotions, nation against nation, kingdom against kingdom, distress of Cations with perplexity, the sea and the waves roaring, men's hearts failing them for fear and for looking after those things which are coming on the earth." But the Europe which has survived all the 1 Throughout this article, the term Europe is used exclusively for the European continent; Great Britain, with its insular poeition and distinctive civilization, being left out of account. 2 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. political commotions consequent upon the French Revo- lution, and all the fortunes of war from Austerlitz and Jena to Waterloo and Sedan in the west, and from Silis- tria to Sebastopol and to Plevna in the east, and that has twice survived the humiliation of the papacy, in the enforced captivity of Pius VII., and the fictitious captivity of Pius IX., is not easily to be shaken by forebodings of destruction to religion or the state. Events which have stirred the enthusiasm of prophecy call rather for the sober judgment of philosophy. Through all the changes of governments, nations, dy- nasties, institutions, powers, which this eventful century has brought to pass in Europe, two factors have remained constant, the Church and Civil Society. The relations of these to each other ; their several gains, losses, modifi- cations, conflicts ; their mutual influences, perils, tenden- cies, hopes ; and the general drift of Europe, Christian and social are matter of profound philosophic thought, as affecting the future of mankind. Setting aside theo- ries and prejudices, we shall find that convulsions which to the prophetic pessimist had threatened the dissolution of European society, and the end, not only of " Anti- christ," but of the Christian dispensation itself, were but the throwing down of the scaffolding behind which Providence had been shaping a new moral and social order. A study of what has fallen and of what has arisen in the place of this, will be a surer guide to the future of society and religion in Europe than any inter- pretation of Biblical prophecies that lacks their inspira- tion. To the philosophic observer the most telling evidence of the advance of Europe in the past fifty years is given in the disappearance of absolutism and the rise of consti- tutional governments, with a popular element more or leas pronounced. Absolutism has vanished from the RISE OF CONSTITUTIONAL GOVERNMENT. 3 map of Europe, with the exception of Russia, which re- mains more Asiastic than European. In the Congress of Vienna (1815), which attempted to adjust the map of Europe to the " balance of power," Great Britain was the only one of the great powers which could with any propriety be said to give the people a voice in the gov- ernment ; and even in Great Britain, at that period, popular representation in parliament was very limited. Austria, Prussia, and Russia were absolute governments. France had indeed the form of a constitution as with various fluctuations she had had since 1791. l But the term " constitution," as used on the continent of Europe during the reaction which followed the Napoleonic wars, should not be taken as synonymous with an active repre- sentative government of the people. On the 4th June, 1814, Louis XVIII. had promulgated his Charte Consti- tutionelle ; but this constitution, by the restrictions upon suffrage, conceded the franchise to only 80,000 in a popu- lation of 30,000,000 ; and these could vote only for elec- toral colleges which chose the deputies to the Chamber ; and the presidents of these colleges were appointed by the king. The peers and the judges were created by the king, and could be removed only by his will. In the short interval before the return of Napoleon from Elba, the king had already shown himself as absolute a Bour- bon as if no charter had existed. Of the three smaller powers represented in the Con- gress of Vienna, Sweden had had a diet since 1809; but the government was largely vested in the king and the council of state. In Spain the Cortes had proclaimed a liberal constitution in March, 1812. But almost the 1 See the Constitutions of 14th September, 1791, 24th June, 1793, 22d August, 1795, 13th December, 1799, and the Senatus-consulte of the 18th May, 1804. Prussia received a constitution in January, 1850; Austria, her "Fundamental Law" in December, 1867. 4 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. first act of Ferdinand VII., in resuming the throne, was to promulgate a decree (May 4, 1814) abolishing the Cortes and all their acts ; and soon after the constitution was publicly burned. Portugal, the eighth of the powers which sat at Vienna as 'the arbiters of Europe, did not have the form of a constitution till 1826. Among the continental powers in that memorable Congress of 1815 which marks the beginning of the European cycle now just closed the secondary power of Sweden was the only one which had a constitutional government representing the interests of the people. In the proposed congress at Berlin in 1878, for the readjust- ment of the Eastern Question, every power to be repre- sented, Turkey included, is a constitutional government, with the solitary exception of Russia. In that fact lies the political progress of Europe from Waterloo to Plevna. That one fact chronicles the revolutions of France from kingdom to kingdom, to republic, to empire, to commune, to republic ; the vicissitudes of Spain under dynasties, domestic and foreign, republican manifestoes and civil war ; the emancipation of Italy, and her unification in Rome through the overthrow of the temporal power of the Pope ; the insurrections of 1848 in Germany ; the abortive insurrection of Hungary ; and the subsequent humiliation of Austria, and her reconstruction after Ko- niggriitz. That fact is the biography of Stein, of Thiers, of Prim, of Cavour, of Deak, of Bismarck. Much more is it the chronicle of Mazzini and Kossuth, of Victor Hugo and Karl Blind, and of the thousands of nameless pa- triots who, in the struggle for popular freedom, suffered in the dungeons of Florence, Rome, Naples, Venice, and the fortresses of Austria, Germany, and France, or toiled in exile in England and America some of whom are now honored in the parliaments of Versailles, Buda-Pesth, Rome, Berlin, though to most liberty came only with VANISHING CLAIM OF "DIVINE RIGHT." 5 death. Forty years ago Silvio Pellico's story of his im- prisonment moved the civilized world to horror of Aus- trian despotism in Lombardy. Even in Spain, so famil- iar with the cruelties of political and clerical absolutism, this refinement of tyranny was spoken of with a shudder. To-day both Italy and Austria are free to develop them- selves under parliamentary institutions, and the name of Silvio Pellico adorns a street in the heart of Milan, adjoining the grand " Gallery of Victor Emmanuel." When in 1815 at Paris the sovereigns of Russia, Prus- sia, and Austria signed that memorable convention, the " Holy Alliance," by which they declared their purpose of governing according to " the sublime truths taught by the eternal religion of the Holy Saviour," they spoke of themselves as " delegated by Providence to govern three branches of the same family, Austria, Prussia, and Rus- sia," and declared that " looking upon themselves, with regard to their subjects and their armies, as fathers of a family, they will govern them in that spirit of brother- hood with which they are animated for the protection of religion, peace, and justice." This pompous declamation was put forth after the downfall of the first Napoleon, when " legitimacy " was made the salvation of Europe. Since the overthrow of the third Napoleon there has existed an unwritten com- pact between the Emperors of Russia, Germany, and Austria, providing for- a certain community of interest and of action in the affairs of Europe ; yet not even the Czar of all the Russias would have the audacity to-day to proclaim himself, in the ear of Europe, the vicegerent of Providence for establishing the political and moral order of the continent. It is far more likely that the Czar will be compelled to follow the Sultan in granting parliamentary institutions and political reforms. He is perhaps even more sensitive to the opinions of the press 6 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. and of parties, and more apprehensive of popular demon- strations, than are the sovereigns of constitutional states. Come what may, in the modification of civil society in Europe, personal absolutism is at an end, from the Bay of Biscay to the Sea of Marmora. Hereditary sov- ereigns may cling to the fiction of " divine right," and, like the King of Prussia, may crown themselves in token of a direct commission from heaven ; a usurper may take advantage of some popular commotion to install a des- potism ; but the principle of constitutional government and popular representation are too deeply planted to be displaced by any personal ruler, however cunning or bold. A Louis XIV., a Frederick the Great, a Napo- leon Bonaparte, is no longer a possibility to European society. " L'Etat c'est moi," is as obsolete as the fa- mous bull " Unam sanctam," which declared that " every human creature is subject to the Roman Pope, and that none can be saved who doth not so believe." It would be a rash inference from the repudiation of absolutism, that society in Europe is tending to republi- canism. Outside of Switzerland and France there can hardly be said to be in any country of Europe a strong popular movement toward a republic ; and in France it is too soon to determine whether the republic is defin- itively established by the national will, or is a temporary expedient between the rivalries of monarchical and im- perial factions. Hitherto, the experience of republican- ism in France has not been of a character to recommend the republic as a model to other nations of Europe. And, unhappily, the United States have utterly lost in Europe that influence for republican institutions which was so potent in the first half of the century. A costly civil war, heavy taxation, official corruption, high prices, the depression of industry and trade, the strifes of par- ties and classes, and, worst of all, a weakness for evading VANISHING POWER OF THE PAPACY. 7 and repudiating debts, have estranged the liberals of Eu- rope from the American republic, and have dispelled the illusion of the common people, that America was the paradise of the workingman. In countries which have already secured general suffrage, a popular legislature, and a responsible ministry, the liberals would have little to gain by substituting for the orderly succession of a constitutional sovereign the quadrennial strife of parties for a change in the executive head of the government. Liberal progress must lie rather in the reform of laws and of local institutions, than in substituting the name of a republic for the reality of a representative government. And as for the masses, who are chiefly concerned about wages and taxes, the social democracy they crave is as far removed from a republic as is republicanism from ab- solutism. The one point made sure, the displacement of absolutism by popular constitutional government, names and forms are of secondary consequence to the future of free institutions in Europe. Now that absolutism in the state no longer blocks the stream of progress, the drift of Europe is strongly to- ward the emancipation of civil society from ecclesiasti- cal control. Autocracy had always in the papacy either a jealous rival or a vigorous ally ; and in either case the effect upon popular liberty was the same. If the papacy was jealous of a prince, it was that the Pope coveted a more absolute power over prince and people ; if the pa- pacy upheld a prince, it was that spiritual despotism might be strengthened through political absolutism. An immediate effect of the abolition of the temporal power of the Pope is that the head of the Roman Church no longer takes rank with sovereigns in discussing and de- termining the political affairs of Europe. No Catholic power, even, now thinks of inviting the Pope to send a legate to a conference upon the Eastern Question, nor of 8 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. looking to Rome for advice, much less for authority, upon any question of a political character. To an absolute sovereign a strong alliance with the Pope could be worth an array for keeping his people in subjection ; but a constitutional sovereign finds it more important to court the favor of his people, even by for- feiting the good-will of the papacy. This was the hon- est choice of Victor Emmanuel, and the nation ratified it by a homage to his memory never exceeded in the obsequies of a king. Since by the syllabus and the as- sumption of infallibility, Pius IX. set the papacy in an- tagonism to all that distinguishes modern society, there has been a marked disposition, even in Catholic coun- tries, to free political society from ecclesiastical control. This is shown in measures for the suppression or regula- tion of monasteries and ecclesiastical corporations, for withdrawing education from clerical influence, and for bringing the church under allegiance to the state. The Italian clings to the church of his fathers, and would not have this shorn of its glories ; he is proud of the papacy as a symbol of the world-supremacy of Rome ; yet he will suffer no meddling of priests in politics, and no dic- tation from the Vatican to the Quirinal. This curtail- ment of clerical interference in political affairs is not due to any abatement of political pretensions on the part of the Catholic hierarchy. Indeed, the Vatican Council enhanced these pretensions to a degree that necessitated a conflict of sovereignty with every government which would have its own authority respected by its subjects ; and the proclamation of the infallibility of the Pope stripped every official of the church of the last remnant of personal independence, and transformed him into an agent of the papal will for subjecting governments and peoples. To the state, as a " moral person," bound to follow justice and right, a certain ethical guidance from DECLINE OF PRIVILEGED ORDERS. 9 the teachers of religion is normal and needful. In times of national peril this influence has been most salutary in the United States ; and there it has almost always been a leading power for freedom, integrity, and humanity. So long as the Roman Catholic Church shall stand, there will be thousands of its adherents in every land who will blindly obey the priest in politics and at the polls. Even in a republic this is one of the perversities of free- dom itself. But clerical control in political affairs is henceforth doomed in Europe by the same causes which have banished absolutism from the state. The relative decline of privileged orders and class pre- rogatives in the scale of European society, if less marked, is hardly less significant than the overthrow of absolut- ism and of clerical domination. Princes and preroga- tives still hold their place in books of heraldry and court calendars ; but in critical times it is the word of a minis- ter, the vote of a parliament, the result of an election, * that Europe waits to hear. Peoples are more than princes, parties than potentates. Since the French Rev- olution leveled all social distinctions, the attempt has been made again and again to reinstate in France an aristocracy either of birth as under the monarchy, or of preferment as under the empire ; but, notwithstanding a Frenchman's innate affection for a title or a bit of rib- bon, there is a charm in the motto " Liberty, Equality, Fraternity," which no prerogative can lay. Any aris- tocracy that may be built up in France can be but a children's card-house against the popular institution of the ballot-box. In Germany the cheapness of a " von " has long been matter of ridicule; and the fortunes of war and the creation of the empire have so reduced the number of petty princes, that there are scarcely enough of these remaining to supply royal families with eligible suitors. Two of this class, with little beyond their titles 10 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. to recommend them, were married in February at Ber- lin to princesses of the imperial family. The occasion brought together the aristocracy of Germany ; and the visible splendors of the festival, the popular regard for the emperor and the crown prince, and the amiable qual- ities of the princesses, drew the eyes of the capital and of Germany with a curious sympathy toward this royal spectacle ; yet all the while people were thinking and talking of what Bismarck should say the next day in parliament upon the Eastern Question, in answer to an interpellation by the orator of the people. The princes serve for ornament something to be gazed at ; the parliament is looked to when anything is to be done. In the struggle of the sixteenth century with the pa- pacy, Luther looked to princes for countenance and sup- port, and it was the league of princes that at last secured the Reformation to Germany. But in the struggle of to-day with Ultramontanism, the Emperor of Germany has looked not to a confederation of princes against Rome, but to his ministers and to parliament. The scales are turned. Bureaucracy and patronage in Prus- sia are yielding to direct representation and local auton- omy. In Italy rank and title still serve to tickle the national vanity ; but the spectre of the republic stands behind the aristocracy, ready to advance at any moment when the prerogative of birth should be asserted against the rights of manhood. Even in Spain nobility has been cheapened by the intrigues of factions, and in Austria by the jealousy of Hungary. Whatever the form of society, there must be some provision for the natural love of distinction and display. Democracies are not ex- empt from this infirmity of human nature. But Euro- pean society has already reached a point where the table of affairs is provided and ordered by governments pur- veyor to the people, though sovereigns and princes may TENDENCY TOWARD NATIONAL UNITY. 11 be retained to do the honors, or as lay figures to lend a historic costume to the feast. This brings into prominence the drift of European so- ciety toward national unity. As the map of Europe was settled by the Congress of Vienna in 1815, the central belt from the North Sea to the Mediterranean, between the seventh and the twentieth degrees of east longitude, was divided into forty-eight distinct sovereignties for Germany and Italy alone. Of these, eight belonged to Italy and forty to Germany, including Austria. Seven different titles of sovereignty were represented in Ger- many: kaiser, king, elector, grand duke, duke, prince, landgrave, and city ; in Italy, king, pope, grand duke, duke, and the little republic of San Marino. These divisions gave occasion to unhappy domestic rivalries and contentions, and to mischievous foreign alliances. Ger- many and Italy were always open to invasion, and could at any time be made the battle-ground of Europe, through the alienation of petty states from each other, and the im- possibility of a truly national sentiment under such ter- ritorial and political restrictions. Now this belt is occu- pied by two great nations, a united Germany, a united Italy, each based upon representative institutions, and pursuing with undivided aim its own industrial and po- litical development, and the harmony of the two guaran- teeing the peace and order of Europe. In Italy the national unity is simple and absolute. There is a single parliament representing the whole people, and all minor sovereignties have disappeared before the one constitu- tional king. In Germany, though the unity of the peo- ple is real and cordial, finding its appropriate expression through the " Reichstag," yet the unity of the empire is a bit of complicated patchwork. The " Bundesrath," which has both an initiative and a determinative voice upon measures of parliament, represent twenty-five local 12 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. sovereignties ; and the empire embraces four kingdoms and sundry duchies which still keep up their own interior administration. But the centripetal force of the empire preponderates more and more year by year, and the Ger- man people have become a nation with the consciousness of a new life upon their own soil and a new function in the politics of Europe. At the same time the humilia- tion of France through personal misrule has brought out a fresh assertion of the national spirit, which is the most hopeful sign of vitality and growth which France has given since her first revolution. This rise of nationality in Europe marks the advance of the people from subjec- tion to sovereignty. Political Europe is no longer a group of sovereigns, with territories and subjects as ap- pendages to their rank and power ; it is a family of na- tions whose organic life finds expression through the state. Even the stringent military service which so many states now exact serves as a badge of citizenship, and enhances the life of the nation by the cost of its defense. The soldier's calling, which by turns has been the badge of feudal servitude, of despotic rule, of mercenary sub- jection, is now the mark of national unity and equality in burdens which the state imposes upon itself through the forms of law, and, with honest though mistaken mo- tives, for the common weal. In the fact that war is no longer the game of princes but the defense of nations, Europe finds hope of peace. That we have not sooner introduced popular education as a token of progress in European society is due to the fact that this is both cause and effect ; and the contrasts of education upon the continent of Europe leave one in perplexity as to how far public education has stimulated political and social progress, and how far this progress, resulting from other causes, has encouraged public edu- cation. Americans of wide reading and travel no longer POPULAR EDUCATION ADVANCING. 13 harbor the illusion once the stock of Fourth of July oratory that monarchs fear the spread of intelligence among their subjects, and that republics alone favor the general diffusion of knowledge. But so long as politicians in the United States who aspire to the presidency indulge in such idle boasting, it is worth while to show how idle and pernicious it is. To-day nearly all the monarchies of Europe are in advance of the United States, in requir- ing that every district within their dominions shall main- tain at least one public school, and in making the attend- ance of children at school obligatory up to a certain age, and through a prescribed course of study. 1 The cen- tury has not seen a sovereign more impregnated with the vice of absolutism, more averse to conceding a constitu- tional government, more set in the notion of personal government by divine right, than Frederick William III. of Prussia. He was one of the signers, if not the framer, of the "Holy Alliance" one of the famous "three kings," who, though they made an ostentation of laying their crowns at the feet of Christ, were far from approv- ing themselves to history as " the wise men " of their time. But after the bitter humiliations which Prussia had suffered from Napoleon, Frederick William III. looked for recovery to the intellectual elevation of the nation, and openly said, " Though we have lost territory, power, and prestige, still we must strive to regain what we have lost by acquiring intellectual and moral power ; and, therefore, it is my strong desire and will to rehabil- itate the nation by devoting the most earnest attention to the education of the masses of my people." Univer- 1 Attendance upon the primary school, or its equivalent in pri- vate education, is compulsory in Prussia, Austria, Sweden, Den- mark, Italy, Spain, and Portugal. Those who have not access to the school laws of these several states will find an excellent sum- mary in the Cyclopaedia of Education, by Kiddle and Schem. 14 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. sal and obligatory schooling and universal and obligatory military service have made Prussia the leader of Ger- many, and Germany the arbiter of Europe. The theory that the citizen exists primarily for the state, and there- fore the state must see to it that he is duly trained for all the services and duties which the government may exact of him, has made of political society in Prussia an intel- ligent machine, highly organized and wondrously effect- ive, but still a machine, in which the care bestowed upon each particular part is made subservient to the working of the whole. The introduction of parliamentary institu- tions with popular suffrage, within the past thirty years, has given a new impetus to the education of the masses in Prussia, by enhancing their political importance ; but it should not be forgotten that the theory of an absolute sovereign " educating the masses of his people " for the service of the state wrought out a more thorough and universal system of popular education than has been se- cured in the United States under the republican theory of the personal importance of the individual citizen. Another popular illusion in the United States concern- ing education is worth correcting here, the assumption that education is the one panacea for the evils of society, the one qualification for active participation in govern- ment. That an average number of voters can be more relied upon to vote intelligently if they can inform them- selves by reading than if obliged to take all opinions at second hand will readily be granted ; yet the intelligence of a voter may depend quite as much upon what he reads as upon the fact that he can read at all. Hence there was little to be hoped for from general public edu- cation in Austria, when, by the concordat with the Pope in 1855, the whole system of instruction was placed un- der the supervision and control of the clergy of the Ro- man Catholic Church. So, if the " workingtnan " in the KNOWLEDGE BRINGS POLITICAL VIGOR. 15 United States reads only newspapers and pamphlets which teach that capital is his enemy, that a division of property is his right, and that it is the duty of the state to provide him with money, land, and home ; or if the " granger " at the West reads only that banks, railways, and other corporations are oppressors of the farmer, and that government is bound to see that his produce is conveyed to market at rates below cost, his loans obtained below the normal rate of interest, and his debts paid in a " legal tender " below par ; then to what extent has reading made him an intelligent voter, or lifted him above the Austrian or the Spaniard whose tuition is in the hands of his priest ? But though we cannot deify education as the " savior of society," or find an exact measure of the intelligence and prosperity of a country in the percentage of its population who can read and write, nevertheless there is in popular education this grand element of hope for the future of society : that by reading, a broad free avenue is opened for the diffu- sion of knowledge, and knowledge, like light and air, once set free, diffuses itself. Hence the increase of pop- ular education in Europe is both a sign and a promise of the renovation of political society. It may still be true in Austria, in France, in Spain, and even in Italy, that the apathy induced by long periods of repression, the stagnation of thought and inquiry within the Catholic Church by dogma and authority, and the limitations im- posed upon the press by tyranny, tradition, or timidity, have caused the tangible fruits of popular education to fall below the legal provision made for it ; yet every new dis- closure of the popular will, and notably just now in France and Italy, shows that knowledge is spreading it- self by its own light, and that light carries health and vigor to political society. For the old notion that ease and security in govern- 16 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. ment demanded that the people should be kept in igno- rance has succeeded the doctrine that the enlightenment of the people is the true support and defense of the state. Every government in Europe has openly declared for popular education as an obligation of the state to its citi- zens. Even the government of Turkey thirty years ago gave official encouragement to the schools of the various religious communities agglomerated within the empire, and in 1869 made a spasmodic effort to establish a gen- eral school system. And though this, like so many re- forms in Turkey, has hardly gone beyond a project on paper, the bare project was a concession to the principle of popular education as the preserver and not the peril of the state. And Russia, too, within the last decade, has attempted to give universality to that system of pri- mary instruction which had hitherto prevailed chiefly in great cities and in favored central districts. This acces- sion of the Russian government to the promoters of pop- ular education by the state encourages the hope that the Czar is preparing a constitutional government for his subjects by preparing them to appreciate and administer a representative system. Leaving Turkey out of the question, with the exception of Belgium, France, Holland, and Russia, every state in Europe now makes attendance upon the primary school or its equivalent in private education obligatory upon all children within a fixed term of years. The zeal of Austria for general education was quickened by the disaster of Koniggratz, which led to the reorganization of the empire, of the military system, and every depart- ment of the public service. The control of the clergy over the public schools was greatly abated, and primary instruction was made compulsory between the ages of six and fourteen. In Denmark, the compulsory school age is from seven to thirteen, and attendance is enforced by COMPULSORY EDUCATION. 17 fines. All Germany has now followed the example of Prussia in making the school obligatory. In Greece, school attendance is obligatory from five to twelve ; in Italy, from six to fourteen, enforced by fine. In Portu- gal, " every year the study commission publishes a list of all children of school age. The names of those parents who fail to have their children registered are read by the minister from the pulpit, and a list of them is nailed to the church door. Upon repeated offenses, fines are imposed. In the same manner, regular attendance is enforced." l In Spain, Sweden, and Switzerland, attendance on the pri- mary school is compulsory ; and the Russian government has lately applied the system of compulsory attendance to the schools of St. Petersburg by way of experiment. In Italy, the transition from the political tyranny of Bourbon, Hapsburg, and Pope to the constitutional gov- ernment of Victor Emmanuel has been so recent and rapid that the system of compulsory education has not yet brought forth its legitimate results, has not indeed been thoroughly set in order. Recent statistics show that in Italy there are in the schools but 70 in 1,000 of the whole population, whereas in Denmark there are 135 in 1,000, in Germany 152, and in Switzerland 155. France, which has not adopted the compulsory system, nevertheless has at school 131 in 1,000 of her population, a marvelous in- crease since forty-five years ago. M. Guizot broached the scheme of public primary schools under the direction of the state. There are now in France upwards of 50,000 such schools, with more than three and a half million scholars. In those countries where a school age is not fixed and made obligatory by law, it is made obligatory upon com- munes, corresponding to a school district in New England, to establish primary schools either at the cost of local tax- 1 Kiddle and Schem, Cyclopaedia. 2 18 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. ation or by grants from the public treasury. And thus everywhere in Europe it is settled that the education of the people is a care of the state, and a primary education is brought within the reach of all, and in many states enjoined upon all. Thus, with absolutism abolished, cler- icalism curbed, caste and privilege curtailed, and edu- cation established, the cause of the people is fast being identified with European society. Apart from schools, the democracy of Europe have had a training by experience which has both enlightened and sobered them. They have learned that society cannot be reconstructed in a day ; that, while political equality may be secured by law, social equality is a thing impos- sible to the nature of man ; that reform is better than revolution ; that theories of socialism and pronuncia- mentos of democracy cannot avail against the laws of trade and of labor that grow out of the wants of society, and that represent not organized forces to be controlled by authority, nor the collective will of the community to be determined by the majority, but only the statistical agglomeration of myriads of individual wills ; in a word, the people are learning that liberty is a growth requiring time and care, and due regard to soil and climate and sur- rounding conditions ; that it may even grow best around and upon the whole framework of society, till it shall be strong enough to drop this and stand alone. In some conditions, liberty will thrive best if grafted into the old stock, drawing from this a vigor, tone, and flavor which one could not hope for by uprooting the old and planting anew. Such is the better part of the education which the de- mocracy of Europe have been learning since 1848. Few of the German revolutionists of that day would care to change the present order of things in Germany, where progress is assured under law, and the voice of the people INDUSTRIAL PROGRESS. 19 is becoming more potent in parliament. Few of the Ital- ian republicans of that time would care to overthrow the constitutional monarchy, if this shall continue to be ad- ministered in the good faith of Victor Emmanuel. The Paris commune did not represent the true democracy of France ; and the elections of 1877 showed how the peo- ple have been sobered to a respect for order as the guar- anty of liberty. Upon such a basis of experience popular education may erect a social structure that shall be en- during. Parallel with the liberation of political society and the advance of popular education, the continent of Europe has witnessed also that industrial progress, and the conse- quent equalization of opportunity to the workingman, which in the last half century have been so remarkable in England and the United States. This enormous ma- terial development has not indeed been to the masses of society an unmixed good. Later on we shall show wherein the material civilization which the nineteenth century boasts of necessity entails upon society evils hardly known to the Middle Ages. Every new application of science to the arts of life, every new invention substitut- ing machinery for manual labor, must bear hard upon classes of workmen until society shall have increased its demand for the products of the new manufacture, and the workmen shall have learned to earn more with the ma- chine than they once earned without it, or shall have taken up new occupations no less profitable than the old. But notwithstanding these drawbacks, the material prog- ress of modern times has brought its most substantial benefits to the masses of society, and has tended espe- cially to equalize their condition in respect of the comforts of life and of opportunities for advancement. With in- dustry, prudence, and sobriety, the wages of the working- man enable him to share the comforts and enjoyments 20 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. that were once possible only to the rich ; while the in- creased facilities of education, travel, and other means of culture raise his children to a par with the nobility of former times in the means of personal improvement. The science of political economy, which concerns itself with the material prosperity of the nation, and seeks to enhance the comforts of society and of all its members, is a constant witness for the consideration which human life has attained in the view of philosophy and of the state. The abolition of slavery and serfdom ; the growth of co- operation and arbitration between capital and labor ; the care of legislation for health, safety, and comfort in mines and factories, and in the dwellings of laborers; the sensi- tiveness of governments to taxing the necessaries of life or laying burdens upon the common people ; the stupen- dous scale upon which governments and people encourage competitive expositions of industry and trade these all show that labor, much more than the man, whom labor represents, has come to a position of influence, and even of honor in society, hardly dreamed of a century ago. "Industrial development" and "social amelioration," once the watchwords of a few philanthropists and re- formers, are now incorporated into the legislation of every civilized people. That astute critic of society, H. Taine, has character- ized this altered state of things in his comparison of old Italy with the new. 1 " Three quarters of the labor of humanity is now done by ma- chinery, and the number of machines, like the perfectibility of processes, is constantly increasing. Manual labor diminishes in the same ratio, and consequently the number of thinking beings increases. We are accordingly exempt from the scourge which destroyed the Greek and Roman world that is to say, the re- duction of nine tenths of the human race to the condition of 1 Taine's Italy : Florence and Venice, chap. vi. TAINE ON MACHINERY. 21 beasts of burden, overtasked and perishing, their destruction or gradual debasement allowing only a small number of the elite in each state to subsist. Almost all of the republics of Greece, and of ancient and modern Italy, have perished for want of citizens. At the present day, the machinery now substituted for subjects and slaves prepares multitudes of intelligent beings. " In addition to this, the experimental and progressive sci- ences, having finally embraced in their domain moral and politi- cal affairs, and daily penetrating into education, transform the idea entertained by men of society and of life ; from a militant brute who regards others as prey and their prosperity a danger, they transform him into a pacific being, who considers others as auxiliaries and their prosperity as an advantage. Every blade of wheat produced and every yard of cloth manufactured in England diminishes so much the more the price I pay for my wheat and for my cloth. It is for my interest, therefore, not only not to kill the Englishman who produces the wheat or manufactures the cloth, but to encourage him to produce and manufacture twice as much more. " Never has human civilization encountered similar conditions. For this reason it is to be hoped that the civilization now exist- ing, more solidly based than others, will not decay and melt away like the civilizations which have preceded it." 1 The facts thus far presented would seem to indicate that political society in Europe is already beyond the drifting period, and has reached a stable if not a finished state of order, freedom, and equity ; that it is no longer a privileged artificial construction, but a human institu- tion reposing upon the rights and liberties of the people. With constitutional government, parliamentary repre- sentation, popular suffrage, religious liberty, universal education, the enfranchisement of labor, equality of 1 This does not hold absolutely. The whole civilized world is now suffering from over-production, and of course work and wages decline with the falling off in demand. Men can only eat and wear so much, and too much makes waste and trouble. Still, the drift of M. Taine's argument is sound. 22 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. rights and of opportunity even woman having an un- impeded " right to labor," to teach, and to talk what is wanting to that which in America has always been held up as the ideal of democratic society? Alas for that ideal, when each successive step towards its realiza- tion seems to put farther off that perfection of humanity which social theorists had promised through revolution and reform ! One specific after another has been admin- istered to the body politic, constitution, parliament, education, suffrage, liberty, have all been tried, yet the pessimist finds only symptoms of deterioration that threaten decay and dissolution. That European society is far from sound, that it has yet chronic evils to contend with, and occasionally exhibits violent and alarming symptoms, lies upon the surface. This is indeed a sign of the crisis through which political society everywhere is passing. But there is nothing in all this to qualify the view that the general drift of Europe is toward a better state of things, social and Christian. Some of the evils which remain, formidable as they are, it is within the power of society itself to throw off, or at least to hold in check, by its own action. Others belong to the ineffaceable elements and conditions of human existence, and these society can but hope to mitigate, though to keep them under control may demand an incessant war- fare for its own life. It is a great advance to have secured freedom of con- science and have liberated civil society from priestly domination. But how free the human mind from that tendency to superstition, that love of religious mystery, which shows itself even in cultivated circles and in the most enlightened times which, for instance, for the miracles of the Middle Ages would substitute the fanta- sies of modern spiritualism ? It is a great advance to have secured freedom of scientific thought to have SUPERSTITION AND SKEPTICISM. 23 readied an age in which Secchi, as Director of the Ob- servatory of the Roman College, could openly teach, as in harmony with religion, the very doctrines of nature for which Galileo was condemned. But with this tri- umph over dogmatism and bigotry, how to deliver the human mind from that skepticism which, in its reaction from superstition, is a tendency hardly less fatal to the search for truth ? Now, these two tendencies, superstition and skepti- cism, divide in almost equal proportions the masses of European society. With the spread of general intelli- gence in the community, Roman Catholicism seems to address itself more and more boldly to the element of superstition in human nature, and to demand of its ad- herents a more absolute submission of reason and will to dogma and priestcraft. It was in the very face of peo- ples who were thought to have come to their majority by the institution of constitutional government and 'popu- lar education, that the first ecumenical council since the Reformation heedless of the progress of three hundred years put forth dogmas more arbitrary and absurd than those which drove Luther to revolt. And the same pontificate which promulgated the immaculate concep- tion of the Virgin, the infallibility of the Pope, -and put its ban upon modern society and the state, received an unprecedented homage of gifts and pilgrimages from lands reputed to be free and enlightened, and witnessed also the revival of superstition and imposture on the stu- pendous scale of the pilgrimages to Lourdes, La Salette, and Marpingen. On the other hand, the infidelity of the eighteenth century had died of inanition, as all purely negative skepticism must. The spirit of inquiry cannot long sustain itself upon wwbelief. In some lands that era of infidelity was succeeded by an earnest revival of the 24 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. religious spirit under various forms from Methodism to mysticism. But the progress of physical research has revived the skeptical tendency in the form of material- ism. And the materialism of a school of evolutionists is more dangerous than the infidelity of the Encyclope- dists, in that it does profess to meet the yearning of the human spirit for the Why and Wherefore of things, and in denying a personal God does not leave the universe an utter blank, but finds in Nature enough to originate and to satisfy beings that are no longer conscious and ac- countable spirits, but agglomerated and dissolvable mole- cules. A most ominous tendency in European society is that of higher minds to dissociate philosophic and scien- tific thought, and of common minds to dissociate social reform from religion, as something quite outside alike of the intellectual and the practical in human life. And this calamity is heightened by the absence of any intelli- gent and persuasive religious zeal, whether in the univer- sity, the church, or the family. With such indifferentism in the mass of its constitu- ency, Protestant Christianity is feebly aroused against superstition and materialism. Now that the Turk is down, there is no place for a conflict of true and false re- ligions, as when the Teutonic knights subdued the pagan Prussians, or the knights of Castile and Aragon drove out the Moors from Spain. Now that Protestantism and Catholicism have settled into their equalized positions with princes and peoples, the battle of the Reformation, as between a true and a false Christianity, cannot be re- newed. Sects find too little encouragement, either from the laws or from the tastes and habits of the people, to stir the zeal of denominational propagandist!! in European society. And so it has come to pass that Christianity, which should be the leader of society in ever-broadening lines of light, liberty, and love, seems to stand apart as a RELIGIOUS INDIFFERENCE. 25 spectator of the contest between superstition and materi- alism for the control of the newly-emancipated peoples. In Germany, it may be hoped that this indifferentism is but a passing phenomenon. Till within a few years the dogmas and usages of the national church were made ob- ligatory in domestic and official relations, and even en- forced by the police. The tyranny of ecclesiasticism over opinion engendered in the hearts of multitudes a hatred of the church. By degrees a legal emancipation from forms will reconcile many to the faith. At bottom there is in the hearts of the German people a sentiment of re- ligion, which often shows itself in contradiction to a spec- ulative skepticism, and which skeptics themselves allow, by separating faith from philosophy and making religion purely a matter of feeling. This sentiment, under wise direction, may yet be set in action against the current of materialism. In the political philosophy of De Tocqueville, there is in democracy a logical tendency to pantheism. This he would counteract by reviving the principle of authority as this is impersonated in the Roman Catholic Church. Forty years ago, in reflecting upon the relations of mod- ern society to religion, he had the sagacity to write that " our posterity [here having France especially in view] will tend more and more to a division into only two parts some relinquishing Christianity entirely, and others re- turning to the Church of Rome." l Sooner, perhaps, than De Tocqueville anticipated, ultramontanism and materialism have seemed to verify his prediction. Rely- ing upon the superstitious element in human nature, ul- tramontanism works the machinery of democracy for the restoration of spiritual despotism. And no combination more potent for the destruction of liberty could be de- vised than the infallibility of the head of the church 1 Democracy in America, vol. ii. book i. chap. vi. 26 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. backed by a plSbiscltum that invention of Napoleon for using the hands of the democracy to forge the chains of the empire. While superstition would crush society from above, materialism would explode it from beneath. The scientific materialism which serves the evolutionist as a speculative theory of the universe becomes in the common mind a social materialism for the practice of life. And such materialism is not only hostile to this or that insti- tution of society, but would reduce society itself to anar- chy by taking away those supreme motives without which it is impossible for human society to hold together re- sponsibility and hope. Without responsibility in the in- dividual and in the whole, responsibility to authority, to law, to justice, civil society is an impossibility ; and the atomic theory of man, which denies personality and re- solves consciousness and conscience into mere physical or phenomenal experiences, leaves no place for responsi- bility. Without hope, which is essentially a moral sentiment, society would stagnate, and man revert to the troglodytes from which the evolutionists would have us believe that he sprang. But hope is impossible to a mere equation of chemical elements subject to inexorable piiysical laws. To some extent, superstition and materialism will coun- teract each other in their effects upon the masses ; but the just-budding liberty of Europe will be crushed between them, unless the gospel of Christ shall intervene with its wise and benignant authority on the one hand, and its large and loving liberty on the other. However serious may be the perils to society from su- perstition and materialism, the source of these mischiefs lies in human nature ; and society, in its organic capacity, can do nothing against them except by legal restraints upon imposture and fanatical excesses, and by a wise combination of ethics with physics in the training of the STANDING ARMIES. 27 public schools. History teaches that forms of supersti- tion and skepticism pass away with time ; and though we may not hope to eradicate the spirit of either which, indeed, at bottom is one and the same we may be con- fident that each succeeding form of superstition, each re- curring phase of skepticism, though as threatening as the giant shadows of the Alpine mists, will melt as the day advances, or vanish when we cease to put our own doubts and fears between them and the sun. But there is one peril to European society more formid- able than these, which society has imposed upon itself, and now hugs in the delusion that its safety lies in this very danger. The one common curse and woe of the leading nations of Europe is the military system, which maintains enormous standing armies and holds every man directly or indirectly to duty as a soldier. In every great state, the army on a peace establishment is reckoned by hundreds of thousands, in war by millions ; the military appropriations form the largest item of the yearly budg- et ; science and invention are taxed for the production of more effective implements of war ; agriculture, indus- try, trade, are crippled by the withdrawal of young men in their prime from the field, the factory, the shop, to the barrack and the camp ; the training of the family and the school must be surrendered to the discipline of arms ; and the one lesson of law and of morals drilled into every man is that to be ready to fight is the first duty of the citizen, and to make every man fight is the first right of the state. 1 Germany set the example of universal compul- 1 As an offset to this, it must be admitted that to boorish young men, such as miners and field hands, the army serves as a school train- ing them in habits of cleanliness, order, obedience, and expanding their knowledge of men and of the world. And it must further be admitted that the cost of suppressing the rebellion in the United States, through the lack of trained and efficient troops at the first, 28 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. sory military service, and Sadowa and Sedan are mem- orable witnesses to its efficiency. Germany pleads her geographical position as the necessity for adhering to this system, and for maintaining her large standing army. But France might plead her geographical position, open to invasion from Germany and England. Italy is vul- nerable on the side of Austria and of France ; Austria on the side of Italy, of Germany, and now of Russia or her satellites on the Lower Danube. Every nation uses the argument of Germany and pleads her example. Every nation is expending more and more upon its armament, and is increasing its public debt. Statesmen are at their wits' end to secure a revenue without aggravating the people; yet none dare nor will propose a congress for mu- tual disarmament, in the interest of national prosperity and of international peace. But unless this shall be ef- fected, then, before the close of the century, Europe will witness one of three things universal bankruptcy, spo- radic revolutions against taxes and conscription, or a gen- eral war to relieve popular discontent, give occupation to armies, and win reprisals for filling bankrupt treasuries. Whichever of these ways society shall enter upon, the end is anarchy or despotism, alike the ruin of free insti- tutions. Mons. P. Broca, in reminding the French sci- entists of the troglodytes as their first progenitors in the arts of life, said : " Barbarous no doubt they were, but are not we also barbarous in some degree, we who can only settle our differences on the battle-field. They were not acquainted with electricity or steam, they had neither metals nor gunpowder; but wretched as they were, and with only weapons of stone, they carried on against na- ture no mean struggle ; and the progress they slowly ef- exceeded the cost of a standing army for a generation. Still a largo standing army is a constant burden to society, a temptation to war, and a danger to liberty. REPRESSION OF INDIVIDUALS. 29 fected with such efforts prepared the soil on which civil- ization WHS hereafter destined to flourish." 1 But the civilization for which those scarcely human beings con- tended against nature now employs its highest intellect- ual and material forces in fighting against man ! But the most formidable prospect to European society is the tendency of democratic civilization to crush the in- dividual in the effort to raise the masses. The Ameri- can doctrine has been, Give every man liberty, education, and the opportunity to rise, and there will be universal contentment and prosperity. This doctrine seemed sound and sufficient so long as there was plenty of land, plenty of work, plenty of trade, and plenty of money. But now that years of stringency in the money market and the labor market have made land a burden and trade a loss and work a drudgery, it is recognized that individ- ual freedom and universal equality do not create a para- dise. Worst of all, the equality of the many presses down the liberty of the individual. One man being " as good as another," each man finds that the liberty and equality which make him of so much more account to himself make him of less account to society. He is but a single atom among millions of like atoms, and his neighbors have no scruple about jostling him out of place or even crushing him out of existence. The democ- racy which made its chief boast the emancipation of the individual from the " paternal care " of government, and asked only freedom for every man to make his own way, now turns about and offers to surrender all individuality to centralized power in the state, invoking government to supply work, to fix its hours and its wages, to create trade and money, to furnish capital and abolish interest, and instead of levying taxes to pay them in the form of 1 Address to the French Association for the Advancement of the Sciences, at the Havre Congress, 1877. 30 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. largesses. Democracy has insisted upon the right of every man to the fruits of his own labor, enterprise, skill, or luck. But now the individual who has laid up capital must divide with the many, and the workingman is no longer at liberty to make his own terms for hours and wages, but shall be allowed to work only upon such conditions as the many have prescribed. In seeking the elevation of the masses, democratic civilization has in- cited vastly more aspirants for higher places than it can create places to be filled. It has overlooked the un- changeable law of nature, that society can exist only on the condition of subordinate places and a division of classes. No legislation, nor education, nor combination can alter this law. Though all the operatives may be equally competent to run the factory, there is room for but one superintendent at a time ; that every poor man may have cheap coal, somebody must mine it ; if cities are to be kept healthy, somebody must sweep the streets. In digging away old institutions in order to " level up " a mound upon which all society shall stand on an equal footing, there is danger of digging a pit into which many shall fall deeper than ever before. In Europe this dan- ger is greater than in the United States. " The magnitude of states, the development of industry, the organization of the sciences, in consolidating the edifice, prove detrimental to the individuals who live in it, every man finding himself belittled through the enormous extension of the system in which he is comprised. Societies, in order to become more stable, have become too large, and most of them, in order the better to resist foreign attack, have too greatly subordinated themselves to their governments. " Moreover, in order to become efficacious, industry has be- come too subdivided, and man, transformed into a drudge, be- comes a revolving wheel. It is sad to see a hundred thousand families employing their arms and thirty superior men expend- POPULAh VIEW OF GOVERNMENT. 81 ing their genius in efforts to increase the lustre of a piece of muslin. " For these evils there are palliatives, perhaps, but no reme- dies, for they are produced and maintained through the very structure of the society, of the industry, and of the science upon which we live. The same sap produces on the one hand the fruit, and on the other the poison ; whoever desires to taste one must drink the other." l The mischiefs of contemporary civilization in depress- ing the individual by attempting to raise the masses, and in spreading discontent by fostering expectations which society cannot fulfill and the realization of which would render civil society impossible, are more serious and imminent in Europe than in America. By the tra- dition of centuries, and by experiences yet fresh in the memory of the present generation, the masses in Europe impute all their grievances to the oppressions of govern- ment. Their experiment in self-government is too re- cent to have weaned them from this prejudice. To the workingman in Europe, the government is still what the rain-doctor is to the African at once the author of all mischiefs, and the only possible deliverance from them. The u hard times " are charged upon the government, and the remedy is to be found in surrendering all power to the " social democrats." This feeling is aggravated by the ill-timed attempts of governments to repress social- istic discussion by force of the police a course which is sure to provoke a day of reckoning. It will be long before the commonalty of Europe outgrow their heredi- tary suspicion of the officers of law as their natural ene- mies. For evils inherent in democratic civilization no remedy has been found by any political philosopher, nor even by any lady novelist who has yet appeared. Happily in the United States there is yet hope that all 1 Taine's Italy : Florence and Venice, book iv. chap. vi. 82 THE DRIFT OF EUROPE, CHRISTIAN AND SOCIAL. social mischiefs as they arise will be palliated by the sober second thought of the people, and by a speedy change of times. But in Europe every social evil is made more formidable by the attempt to organize the masses for a political action which would be destructive of society itself, as communism in France and social de- mocracy in Germany. In the last resort, society must and will save itself from anarchy even by military des- potism. The United States may yet save to mankind the principles of political liberty and legal equality by demonstrating that these do not deprive a people of com- mon sense and common honesty. II. PAPARCHY AND NATIONALITY. 1 (From the British Quarterly Review, 1875.) AT the meeting held in St. James's Hall, London, on the 27th of January, 1874, it was resolved, " That this meeting unreservedly acknowledges it to be the duty and right of nations to uphold civil and religious liberty, and therefore deeply sympathizes with the people of Germany in their determination to resist the policy of the ultramontane portion of the Church of Rome ; " and at the responsive meeting held in the Rath-Haus at Ber- lin, on the 7th of February, this expression of sympathy from England to Germany was construed as " a pledge that the two nations will in the future stand firmly to- gether in the manly struggle for the civil and religious freedom of peoples." Both these resolutions assume that, in the recent measures for counteracting ultramon- tanism, the government of Germany, and especially that of Prussia, is upholding civil and religious liberty, and contending for the rights and liberties of the people ; 1 Ultramontanism : England's Sympathy with Germany, as ex- pressed at the Public Meeting held in London on January 27th, 1874; and Germany's Response; with the Ecclesiastical Laivs of Prussia, Sfc. Edited by the Rev. G. R. Badenoch, LL. D. La Liberte Religieuse en Europe depuis 1870. Par E. de Pres- sense. The Vatican Decrees, in their bearing on Civil Allegiance: a Politi- cal Expostulation. By the Right Hon. W. E. Gladstone, M. P. 3 34 PAP ARC HY AND NATIONALITY. and therefore that the ecclesiastical conflict in Germany is of common concern for Christendom, and notably for free nations such as England and the United States in one word, this is a case of the solidarity of modern so- ciety. If this assumption is true, the question, why should England be called upon to sympathize with a great successful military power like Germany in her in- ternal conflicts, is already answered : for the real ques- tion is not whether Germany is great or small, strong or weak, but is she just and right;? No nation is great enough or strong enough to disregard the judgment of mankind and the verdict of history upon her actions. The highest military power must stand before the moral tribunal of just men. Moreover, the conflict in Ger- many is not one of numerical nor of military strength, but of moral forces which group themselves respectively about two essentially antagonistic and irreconcilable ideas, the universal supremacy of the Pope, and the independent sovereignty of the nation. In this view the conflict is historical ; it was necessary ; it is a conflict of fundamental political and ethical principles ; and it can admit of no compromise. To comprehend it and to measure it there is need of a calm intelligence to be ex- ercised in investigating facts and in evolving principles, without regard to national or ecclesiastical theories and prejudices on the one hand, or to claims of sentiment and of sympathy on the other. In the current statements of this conflict far too much prominence has been given to the Roman Catholic Church, and even to the Pope himself, as one of the contending parties. It is not the Roman Catholic Church in faith, order, or worship, that is in question, but the attitude of the hierarchy of that church toward certain laws and measures of civil government, and the relative sanctity of the civil and the ecclesiastical oath. It is not BISMARCK'S STATEMENT OF THE ISSUE. 85 the Pope as the head of the Latin church that is as- sailed, nor Pius* IX. in his proper personality, or in his administration of church affairs, but the assumption of the Pope to define the functions of the state, and to en- join his will upon all rulers in Christendom, on the ground that " every one who has been baptized belongs to the Pope in some way or other." 1 Though Pope and Emperor are in open controversy, and the one is the rep- resentative of the Romish Church, the other of an evan- gelical dynasty, yet when stripped of all personal and doctrinal elements, the contest remains, in its whole sub- stance and strength, as the historical and inevitable con- flict between the claims of ecclesiastical prerogative and the sphere and scope of civil power. In his speech of March 10, 1873, in the Prussian House of Lords, Prince Bismarck defined the position in the following terms : " In my opinion, the question with which we are occupied is falsified, and the light in which we view it is likewise false, when it is represented as a question of church or of confession. It is really a political question ; it has nothing to do with the struggle of an evangelical dynasty against the Catholic Church though some would persuade our Catholic fellow-citizens that this is the issue ; it does not enter into the strife between faith and unbelief; it is concerned only with the immemorial conflict of authority, old as the human race, the conflict be- tween kingship and priestism [Konig-thum und Priester-thum, royalty and hierarchy] ; that contest of power which is older far than the appearing of our Redeemer in the world ; that contest of power in which Agamemnon lay at Aulis with his seers, which there cost him his daughter, and hindered the departure of the Greeks ; that contest of power which, under the name of the wars of the popes with the emperors, filled the history of the Middle Ages, down to the disintegration of the German empire. ... In my view it is a falsifying of politics and of his- 1 Letter of Pius IX. to the Emperor William, August 7, 1873. 36 PAPARCUY AND NATIONALITY. tory when one regards His Holiness the Pope exclusively as the high-priest of a confession, or the Catholic Church chiefly as a representative of churchdom. The papacy has ever been a political power which, with the greatest audacity and with most momentous consequences, has interfered in the affairs of this world ; which has striven after such encroachment, and held this in view as its programme. That programme is well under- stood. The goal which, like the Frenchman's dream of an un- broken Rhine boundary, floats before the papal power, the pro- gramme which, in the time of the mediaeval emperors, was near its realization, is the subjection of the civil power to the ecclesi- astical ; a high political aim, an endeavor which, however, is as old as humanity, since there have always been either shrewd men or actual priests who have put forth the pretension that the will of God was more intimately known to them than to their fellows, and that upon the ground of this pretension they had the right to rule their fellows ; and that this position is the basis of the papal pretension to sovereignty is well known." That position and that pretension are indeed the his- torical ground of the present conflict in Germany be- tween the civil government and the Roman hierarchy. The old battle for sovereignty between the civil and the ecclesiastical power, left by the " Holy Roman Empire " as an inheritance to the Germany of the Reformation, was again left as a drawn game or an armed truce at the Peace of Westphalia ; and through the culmination of two forces then evolved ultramontanism now en- throned in the Vatican, and nationalism now realized in the Empire of Germany and the Kingdom of Italy is at length precipitated to what should be its final issue between Paparchy and Nationality. For a historical date of this contest for supremacy in Germany, it is enough for our present purpose to take the bull of Greg- ory VII. excommunicating Henry IV. (Beate Petre, Apoitolorum Princeps, etc.) A. D. 1075. 1 1 Magnum Bulkrium Romanum, i. pp. 27-29. See also in Eisen- schmidt, Komisches Bullarium, i. pp. 9-16. CANOSSA. 37 Bismarck, who has the rare faculty of compressing a principle, a history, a philosophy, into a proverb for the people, in his speech of May, 1872, in the imperial Par- liament, after the Pope had declined to receive Cardinal Hohenlohe as the ambassador of Germany, in answer to an interpellation as to the intentions of the government toward the Pope, said pithily, " We are not going to Ca- nossa, either bodily or spiritually." Henry III. had won the right of nominating the Pope, and had made German authority supreme at Rome ; Gregory VII. summoned his son before the papal court at Rome, to answer for of- fenses against the church. The scales of power had al- ready turned. From that independence of control which the Pope had claimed as necessary to his functions as " the common Father of the Faithful," it was an easy step to that universal supremacy which he asserted as the vicegerent of God. Henry IV., smocked and bare- foot in the snow, imploring absolution of the pitiless Hil- debrand, may represent only the personal humiliation of a weak and vacillating sovereign, who had alienated both princes and people from the empire which his father had raised to the height of its power. In this view, the inci- dent of Canossa is of no more significance to the present ecclesiastical conflict in Germany than the deposition of three rival Italian popes by Henry III. ; for though the contests of personal power between the popes and the emperors of the Middle Ages affected by turns the pre- ponderance of the church and of the state, that which concerns this discussion is the cotiflict of principles, or of claims put forward under the guise of principles. But the struggle between Gregory VII. and Henry IV. had this universal significance, that the Pope then gave a concrete practical expression to the doctrine that, as the vicar of God, and intrusted with the keys of heaven and hell, the Roman pontiff has supreme and 38 PAPARCHY AND NATIONALITY. indisputable dominion over all the rulers of this world. In a second bull of excommunication against Henry IV. (A. D. 1080), Gregory invokes the apostles, Peter and Paul, in these words : " Now, I beseech you, most holy fathers and princes, cause that all the world may understand and know that if ye are able to bind and loose in heaven, ye are able upon earth to give and to take away empires, kingdoms, principalities, marquisates, duchies, countships, and the possessions of all men, according to the deserts of each. Often, indeed, have ye taken away patri- archates, primacies, archbishoprics, and bishoprics, from the evil and unworthy, and have bestowed these upon men of true piety. If, then, ye judge spiritual things, what must not be believed of your power over worldly things ? And if ye judge the angels who rule over all proud princes, what can ye not do to their slaves ? " l The pontiff thus reinforces his own authority by all the hierarchies of heaven, and, as the successor of Peter, assumes to wield upon earth the invisible powers and dig- nities attributed to the apostle in his beatified state. Gregory would have the world believe that all things in heaven were at his beck to enforce his excommunications on earth, and with this array he divests Henry of his crown, absolves his subjects from their allegiance, and threatens with excommunication any and all who shall acknowledge Henry's authority. It is not the act alone, but the ground and the manner of this papal utterance 1 " Agile nunc, quaeso, Patres et Principcs Sanctissimi, ut omnis Mundus intelligat et cognoscat, quia si potestis in ccclo ligare et sol- vere, potestis in terra Imperia, Regna, Principatus, Marchias, Duca- tus, Comitatus, et omnium hominum possessiones pro meritis tollere unicuique et concedere. Vos enim Patriarcliatus, Primatus, Archi- episcopatus, Episcopatus, frequenter tulistis pravis et indignis, et re- ligiosis viris dedistis. Si enim spiritualia judicatis, quid de saeculari- bus non posse credendum est ? et si Angelos dominantes omnibus superbis Principibus judicabitis, quid de illorurn servis facere potes- tis?" THE USURPATION OF BILDE BRAND. 89 that stamps it as the historical precedent of the present struggle between the Pope and the Emperor of Germany. It is of this very bull of Gregory VII. that Mr. Bryce has said : " Doctrines such as these strike equally at all temporal governments, nor were the Innocents and Bon- ifaces of later days slow to apply them so." 1 But Greg- ory did not content himself with words. By denying to the civil power and to secular patrons the right of ecclesi- astical investiture, and threatening with his anathema any ecclesiastic who should acknowledge a temporal or laical right of patronage or of confirmation in his bene- fice, Gregory not only severed the papacy from all de- pendence on the empire, but provided the elements of revolution within the empire itself. He aimed at the centralization of spiritual power in the person of the Pope, but would also retain in every abbey, in every cathedral chapter, in every bishopric, a fulcrum for the leverage of the spiritual power against the temporal. The shrewdness and firmness of Hildebrand in grasp- ing the independence of the papal see, and in asserting the bishopric of Rome to be universal and absolute, pre- pared the way for the audacity of Innocent III. in claim- ing to be the arbiter of Christendom in all disputes among princes and peoples a claim of virtual supremacy in temporal affairs, by the plea that it was " his province to judge where sin is committed, and his duty to prevent all public scandals." Already had Gregory VII. con- ceived the comparison of the apostolic and royal dignities to the sun and moon as the chief lights that rule the world ; but Innocent pressed this analogy to the relative position of these powers. Writing to the Emperor of Constantinople, he says : "Thou shouldest know that God created two lights in the firmament, the sun and the moon that is, he created two dig- 1 The Holy Roman Empire, 4th ed. p. 161. Gladstone, p. 41. 40 PAPARCHY AND NATIONALITY. nities, the papal authority and the kingly power. But the for- mer, which is set over the days, t. ., the spiritual things, is the greater ; that set over the things of the flesh is the smaller ; and there is the same difference between popes and kings as there is between the sun and the moon." And in plain prose Innocent made the civil power as truly a reflection of the spiritual, and its tributary, as is the moon of the sun. Englishmen must ever blush to re- member how audaciously this subordination of the King to the Pope was paraded by Innocent, in the bull in which he accepts the submission and vassalage of King John, and vouchsafes to England the protectorate of Rome. In that bill the pontiff declares that both kingship and priesthood are established within the church to the end that the kingdom may be sacerdotal and the priest- hood royal ; that as every knee must bow to Christ, of things in heaven and things on earth, and things under the earth, so should all obey and serve the vicar of Christ on earth that there may be one fold and one shepherd ; and hence temporal kings are not to be acknowledged as having rightful authority, unless they study to serve with true devotion this representative of Christ's kingly and priestly power. 1 Audacious as were these assumptions of Innocent III., they were capped by the more audacious acts of Gregory IX. and Innocent IV. in excommunicating Frederic II., 1 " Rex Regnm et Dominus dominantium, Jesus Christus, Sacer- dos in aeternum secundum ordinem Melchizedek, ita Rcgnum et Sac- erdotium in Ecclesia stabilivit, ut sacerdotale sit Regnum et Sacer- dotium sit regale, sicut in Epistola Putrus et Moyses in lege testantur ; ununi praeficiens universis, quern sutim in terris Vicarium ordinavit; ut sicut ei flectitur oinne genu ecelcstium, terrestrium, et etiain in- fernortim, ita illi omnes obediant et intendant, ut sit unum ovile et unus Pastor. Hunc itaque Reges sa?culi propter Deum adeo vener- antur, ut non rcputent, se rite regnare, nisi studeant ei devote ser- vire." EibenscLuiidt, i. 25. HISTORIC PARALLELS. 41 and in finally deposing him from his imperial and kingly authority by decree of the General Council of Lyons (A. D. 1245). The life-long struggle of Frederic with the papacy, covering more than thirty years and the reigns of four popes, like the struggle of Henry IV., rises above the incidents of personal ambition and official ri- valry to the dignity of a conflict of principles, a contest of the spiritual and temporal powers which, then personified respectively in Pope and Emperor, are no less hostile and vigorous to-day, though the Pope is stripped of all tem- poral sovereignty, and the empire, stripped of the titles " Holy " and " Roman," is confined within the boundaries of Germany proper, and rests upon a representative con- stitution -and universal suffrage. Indeed, in reading the controversy between Frederic II. and Gregory IX., 1 one can almost imagine himself reading the correspondence of the Emperor William of Germany with Pius IX., and finds enough to justify the saying of the emperor in his letter of February 18th to Earl Russell, that the duty is devolved upon him of "leading the nation once more in the war maintained in former times, for centuries long, by the German emperors, against a power whose domina- tion has never in any country been found compatible with the freedom and the welfare of nations." Though Pius IX. cannot wield against the present Emperor of Ger- many the weapon of excommunication that his prede- cessors used so often and so effectively against Frederic II., 2 yet he has found a substitute in apostolical denuncia- 1 See in Von Raumer, Geschichte der Hohenstaufen und ihrer Zeit. b. iii. pp. 416-444. 2 For the titles and the substance of these numerous bulls, the reader is referred to the admirable compendium of Dr. A. Potthast, Regesta Poniijicum Romanorum, a prize work of the Berlin Acad- emy, in which every official document of the popes, from A. D. 1198 to 1304, is catalogued in the order of its date, and is cited by its title, with a summary of its contents and a reference to historical sources. 42 PAPARCHY AND NATIONALITY. tions that are just as telling with the mass of German ad- herents of the papacy. In effect, Gregory's greater ex- communication went no farther in inciting the Catholic hierarchy and laity of Germany to a contemptuous disre- gard of their emperor and his laws than do the denuncia- tions of Pius IX., though, of course, the language of ex- communication was more formal and precise. Gregory absolved all subjects of Frederic from their oath of alle- giance, threatened with the papal interdict any city, castle, villa, or neighborhood that should harbor him, for- bidding the celebration, either publicly or privately, of any offices of religion during his stay ; threatened with excommunication all who should assist Frederic, either with or without arms ; and enjoined it upon all patriarchs, archbishops, and bishops in Germany, without delay, to proclaim this excommunication and anathema with ring- ing of bells and illuminations in all cities, castles, and vil- lages throughout their dioceses. 1 This open, high-handed attempt of the Pope to incite in Germany an insurrection of the spiritual power against the temporal is feebly im- itated in the warning of Pius IX. to the Emperor Wil- liam, that " the measures of his government against the religion of Jesus Christ have no other effect than that of undermining his majesty's own throne." But the Pope of to-day uses the weapons at his command with the same arrogance as the haughtiest of his predecessors used the thunders of excommunication ; and the Emperor com- plains that leaders of the Romish Church in Germany are organizing rebellion against the state : "To my deep sorrow, a portion of my Catholic subjects have organized for the past two years a political party which endeav- ors to disturb, by intrigues hostile to the state, the religious peace which has existed in Prussia for centuries. Leading Catholic priests have, unfortunately, not only approved this 1 See in Eisenschmidt, i. pp. 35-39. INNOCENT IV. 43 movement, but joined in it to the extent of open revolt against existing laws." It is the same old endeavor of the papacy, unaltered in spirit or intent by all the changed conditions of society. From the excommunication of Frederic, so haughtily proclaimed by Gregory IX., it was but a step to his deposition by Innocent IV. a logical step in the line of papal assumption. In presence of the 140 prelates assembled in the Council of Lyons, and assuming the as- sent of the council, without even condescending to take their suffrages, the Pope delivered this solemn judgment, " to be had in everlasting remembrance : " " Reciting the offenses of Frederic against the church, and the fatherly admonitions and ecclesiastical censures through which it had been sought to reclaim him, Innocent declares ' that the Emperor had imitated the obduracy of Pharaoh, and had stopped his ears like a viper ; * 'that he had wrested from the church its possessions, and oppressed the clergy with taxes, and brought their office into contempt; while to show his own contempt for the papal excommunication, he had openly consorted with here- tics ; ' most of all and this is the last specification, as being worst of all ' he had built neither churches nor cloisters, but had rather persecuted and destroyed them.' Then, by virtue of his authority as the vicegerent of Jesus Christ, and as empow- ered by Him, in the person of the apostle Peter, to bind or loose upon earth, Innocent declares ' that because of his iniquities the emperor has been set aside by God from the sovereignty of which he has proved himself so unworthy, and is stripped of all his honors and dignities, which judgment the apostolic see doth now pronounce and enforce, absolving all from their oath of al- legiance to him, threatening with excommunication all who shall in any way acknowledge or uphold him as emperor or as king ; and summoning the electors of the empire to choose at once a successor to its now deposed and anathematized head." 2 1 " Pharaonis imitatus dtiritiam et obdurans more aspidis, aures suas monita despexit." 3 Nos itaque super praemissis, et compluribus aliis ejus nefandis 44 PAPARCHY AND NATIONALITY. What gives to this act a universal interest is the as- sumption upon which it was grounded, that the Pope is the representative upon earth of Jesus Christ, and is era- powered to interpret and to enforce the will of God against all temporal rulers, in the supreme and sole in- terest of the Catholic Church. The papacy, at first de- pendent upon the empire, then coordinate with it, grad- ually achieved its independence of the temporal power ; next exercised its spiritual sovereignty in opposition to civil powers upon their own soil ; and finally asserted its absolute suzerainty, by Divine appointment, even to the extent of dethroning kings and emperors, and of parcel- ing out their power and their territory as fiefs of the Holy See. It only remained for Boniface VIII., in his famous bull " Unam Sanctam" to declare it for the teaching of the gospel, that " The Pope has two swords, the spiritual and the temporal ; the one to be wielded by the church, the other for the church ; the one by the priesthood, the other by kings and soldiers, but this only on the hint or the sufferance of the priest. One sword, however, must be under the other, and the temporal au- thority must be subject to the spiritual power. As saith the Apostle, ' there is no power but of God : the powers that be are ordered (t. e., set in order) of God ; ' but they would not be in order unless one sword were under the other, and also unless excessibus cum fratribus nostris, et sacro Concilio deliberatione prie- habita diligenti, curn Jesu Christi vices licet immeriti tencamua in terris, nobisque in B. Petri Apostoli persona sit dictum ; quod cumque ligaveris super terram, etc. memoratum Principeni qui se imperio, et Regnis, omnique honore, ac dignitate reddidit tarn indignum, quippe propter suas iniquitates a Deo ne regnet vel imperet, est ab- jectus suis ligatum peccatis, et abjectum, omnique honore, et digni- tate privatum a Domino ostendimus, denunciatnus, ac nihilominus sententiando privamus." Here follow the absolution of subjects from the oath of allegiance, the denunciation of allies and supporters, and the decree for the election of a new emperor. T. i. p. 87; Eisen- schmidt, i. pp. 39-52. BONIFACE VIII. 45 the lower could be lifted by tbe other. If the temporal power goes astray, then must it be rectified by the spiritual ; if such a power ill-treats those that are under it, it has a judge in the higher spiritual power ; but this which is highest of all can be judged by God only, not by any man, as saith the Apostle ; he that is spiritual judgeth all things, yet he himself is judged of no man. . . . Wherefore do we declare, proclaim, decree, and determine hereby that every human creature is subject to the Roman Pope, and that none can be saved who doth not so be- lieve." Small credit is due to Pius IX. and the Vatican Coun- cil for having formulated the syllabus and infallibility as dogmas of the church ; for here we have, almost six centuries before, all the anathemas of the one, and all the arrogance of the other. These reminiscences will suffice to establish our first point : that the controversy now waged between the imperial government and the Roman hierarchy in Germany is deeply rooted in the historical incompatibility of the pretensions of the pa- pacy with the autonomy of the state. Much as England is beholden to precedents, she has largely outgrown her historical antecedents, while her insular position and her world-wide commercial intercourse have helped her free development ; whereas Germany is still a land of tradi- tions, forms, and usages a land in which " that which hath been is now, and that which is to be hath already been." It would be impossible to reproduce in England the ecclesiastical quarrels of Henry VIII., or to revive the severities of Elizabeth against the Catholics ; but in Germany the seeds of the old quarrel between the tem- poral and spiritual powers still live, and Germany is compelled to do to-day what England sought to do in 1581, by the bill " to restrain her majesty's subjects in their due obedience." And with the same literal truth it may be said of Germany, 46 PAPARCHY AND NATIONALITY. " A sort of hypocrites, Jesuits, and fragrant friars have come into the realm, to stir up sedition. . . . When fair means have done no good, and behind our tolerance there come in these em- issaries of rebellion and sedition, it is time to look more strictly to them. They have been encouraged so far by the lenity of the laws. We must show them, that as the Pope's curses do not hurt us, so his blessings cannot save them. We must make laws to restrain these people, and we must prepare force to re- sist violence which may be offered here or abroad." 1 This ready analogy introduces our second point : that the present ecclesiastical conflict in Germany was inevi- table. The heritage of the empire of the Middle Ages, it takes up the unfinished conflict of the Reformation, under the necessary conditions of modern society. Philip the Fair of France had met the towering impudence of Boniface with ridicule and contempt. The Pope had written to him, " Know thou, that thou art subject to us both in spiritual and in temporal things ; " had denied him the disposal of ecclesiastical offices and benefices, and required him, in case of vacancy, to guard the reve- nues of the same for successors duly appointed, adding, " Whoever shall otherwise believe and do, the same shall be deemed a heretic." To this Philip answered, " Philip, by the grace of God, King of France, to Boniface, who gives himself out for Pope, little or no greeting ! Know thou, O supreme fool, that in temporal things we are not sub- ject to any one ; that the disposal of vacant churches and bene- fices belongs to us of royal right ; that the revenues of the same belong to us ; that all our bestowments of the same, past or to come, are valid, and shall stand, and that we will manfully de- fend their possessors. If any think otherwise, we will take them for fools and idiots." 2 1 Speech of Sir Walter Mildmay, D' Ewes' Journals, 1580, 1581, quoted by Froude, Hist. vol. xi. ch. xxviii. 2 Eisenschmidt, i. 104, 105. ULTRAMONTANISM IN FRANCE. 47 In this scornful defiance Philip had all France at his back ; and the anathemas and excommunications that Boniface heaped upon him were met by protests from all the estates of the realm. To-day, one sees in France ultramontanism triumphant over the old Gallican inde- pendence, and hears an archbishop, who had contested the proclamation of infallibility, now requiring his clergy to accept the dogma, with the implicit obedience of the soldier to his superior. In May, 1872, E. de Pressense' wrote in the " Revue des Deux Mondes : " " Before the proclamation of the infallibility of the Holy Fa- ther there existed in France a liberal Catholicism ; this accepted modern society, and that separation of powers which is its es- sential condition. Such a Catholicism, no doubt, exists in the minds and hearts of individuals, but its partisans cannot speak as heretofore ; they are condemned to silence or to ambigui- ties ; the encyclical of the infallible Pope no longer permits extenuating commentaries. It is certain that the doctrine of the later encyclicals tends to destroy completely the distinction between civil society and religious society. The ultramontane reaction which has commenced under our eyes is the putting in operation of that which was decided upon at the Council of the Vatican ; this is the real campaign of the interior which Rome has now begun." How much this pregnant phrase signifies, Pressense' tells us in these words : " France enfeebled, is exposed to a new peril, no less grave than those she has gone through with. The foreigner has seized her provinces ; and now come those who would have her abandon her moral patrimony, that most incontestable fruit of the glorious movement of 1789 the lay character of the mod- ern state. The French Revolution has had no result more sure than the secularization of social society. But it is in France, after her disasters, that ultramontanism has found the most favorable ground for engaging in the contest against modern society." 48 PAPARCnY AND NATIONALITY. This contrast of the subservient French Catholicism of to-day with the defiant Gallicanism of Philip the Fair, or even with St. Louis IX.'s milder assertion of the inde- pendence of the king and the national church, shows how far from dead, either in letter or in spirit, are the pretensions of Rome to the universal control of society in temporal as in spiritual affairs ; and the picture which this intelligent and impartial witness gives of the origin and the endeavor of the ultramontane reaction in France, should be seriously pondered by all who imagine that in Germany Bismarck has got up a quarrel with the Rom- ish Church for political ends of his own. " Whence has arisen that formidable agitation which troubles all states if not from the Council of the Vatican ? . . . Papal in- fallibility is nothing but the speaking-trumpet (le porte- voix) of the Society of Jesus, for fulminating its anath- emas against all liberty, civil and religious." 1 It is Rome that has opened in every land " a campaign of the interior," a contest with society itself, in the bosom of Germany, of Austria, of France, of Italy, of Brazil, of Switzerland, and of England as well, where a " Catholic first and an Englishman afterwards," is the cry of the Ultramontanes ! But to return to the logical development of this irre- pressible conflict. After the bold resistance of Philip of France to papal domination, Germany so far recovered from the blow inflicted upon Frederic II. and his house, that in 1338 the imperial electors assembled at Rhense resolved to maintain the honor and dignity of the empire against the encroachments of Rome, and refused to sub- mit their choice of emperor to be ratified by the Holy See. Emperor no less than pope held his office by di- vine right ; but this gain to civil independence was igno- 1 E. s de Tembouchure du Congo, soit par conventions avec les chefs, soit par achats ou locations a regler avec les particuliers. 2. " Designation des routes <\ ouvrir successivement o vers l'intrieur et des stations hospitalieres, scientifiques et pacificatrices a organiser comme moyen d'abolir 1'escla- THE OPENING OF AFRICA. 107 vage, et d'etablir la Concorde entre lea chefs, de leur pro- curer des arbitres j nates, de'sintc'resse's, etc. 3. " Creation, Toeuvre dtant bien definie, d'un comite international et central, et des comite's nationaux pour en poursuivre 1'exdcution, chacun en ce qui le concernera, en exposer le but au public de tons les pays et faire au sentiment charitable un appel qu'aucune bonne cause ne lui a jamais address^ en vain." In proposing my theme to the council, I had barely anticipated these noble wishes of his majesty the King of the Belgians. The framing of regulations for a closer intercourse with non-Christian peoples is the fit work of an associa- tion for the reform of the law of nations ; and it is with the hope and the request that the present conference will appoint a commission to give effect to this sugges- tion, that I venture to submit an essay toward principles of international law, to govern the intercourse of Chris- tian with non-Christian peoples. This classification is the best that the subject admits of. One could not say " pagan " peoples, since not only are Mohammedans the fiercest of iconoclasts, but the Chinese and Japanese, who fall within the category of " non-Christian " peoples, resent such epithets as " pa- gan " or " heathen." Neither could one classify these last as " uncivilized ; " since China and Japan have a fair title among civilized nations. But inasmuch as modern international law was born of Christian senti- ment in Grotins, and now obtains throughout Christen- dom, the division is fair between Christian and non- Christian peoples. Moreover, since all authorities agree that international law can take effect only between com- munities organized as nations or states, ancl since roving hordes and societies united sceleris causa are not recog- nized as states, I have purposely avoided the terms 108 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. " state " and " nation," and have used " peoples " as in- cluding tribes, because my object is to ascertain the principles that should govern Christian nations that do acknowledge a law among themselves in their inter- course with all sorts and conditions of men, whether within the family of nations or still without its pale. In this view the theme is broader and deeper at once more comprehensive and more radical than that which the Institute of International Law last year sub- mitted to a commission, viz. : " The Applicability of the European Law of Nations to the Nations of the East ; " a topic which is ably discussed by Sir Travers Twiss, in the "Law Magazine and Review" for May, 1876, with special relation to African slave states. That in- quiry has reference to the ripeness of the nations of the East for admission into the general community of Inter- national Law. Turkey was formally received into that community by the treaty of Paris of 1856, the seventh article of which declares that " the Sublime Porte is ad- mitted to participate in the advantages of the public law and concert of Europe ; " and this association numbers among its vice-presidents distinguished representatives of Turkey, Egypt, and Japan. But my inquiry has reference to the ripeness of Chris- tian nations for some concert of principles that shall gov- ern their intercourse with all non-Christian peoples ; not how far such peoples are qualified to accept the law of nations as it is, but whether Christian nations can agree upon certain just and equal rules of dealing with non- Christian peoples under all circumstances and conditions of intercourse with them. In other words, in what form shall Christian peoples put the law of nations before non-Christian peoples whom they would educate up to its level, and finally win to its authority ? This question I shall not presume to answer to the extent of formu- PRINCIPLES OF ACTION. lating principles as rules of action, but shall content my- self with an essay toward such principles. The subject divides itself into five categories. 1. Territory. Upon what principles should Christian nations deal with non-Christian peoples in the acquisition of territory found in their occupation ? 2. Commerce. What principles should regulate the commercial intercourse of Christian with non-Christian peoples ? 3. Humanity. How far may Christian nations inter- fere in the affairs of non-Christian peoples to regulate or restrain their doings in the interest of humanity ? 4. Public peace and order. To what extent may Christian nations undertake the police of the world, with a view to public safety and order ? 5. Religion. To what extent and upon what grounds may Christian nations interfere with non-Christian peo- ples in matters of religion ? Under each of these heads I will briefly state the law of nations as it is, and point out particulars in which improvement or advancement seems to be called for ; ending with a summary of the principles upon which such reform should be based. I. OF TERRITORY. In countries so organized and ad- vanced as Turkey, China, and Japan, the acquisition by foreigners of a right of domicile and of title to land is obviously within the scope of treaty negotiation, though it may happen, as with the opening of the five ports in China in 1842, that the privilege of residence, prop- erty, and commerce is first extorted by force of arms. But in countries held by aboriginal tribes, or by sparse and feeble communities, the policy of territorial acquisi- tion has varied with the notions, the temperament, the opportunities of discoverers or colonists from abroad. There is indeed a semblance of international law to reg- 110 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. ulate such acquisition. The Pope would not now pre- sume to parcel out heathen nations as the spoil of their Christian conquerors ; Queen Victoria would not renew the commission of Queen Elizabeth to Sir Humphrey Gilbert, " to discover such remote heathen and barbarous lands, countries, and territories, not actually possessed by any Christian prince or people, and to hold, occupy, and enjoy the same, with all their commodities, jurisdic- tions, and royalties ; " nor would the Puritan or the Fifth Monarchy Man now plead the Hebrew conquest of Ca- naan as a divine warrant for exterminating the heathen or reducing them to slavery. Still, in acquiring the territory of aborigines, civilized men have too often put policy and power before justice, and have overlooked the idea of any right or title of the aborigines to the soil they occupie.d. And even where there is a disposition to do justly by the aborigines, two principles, each having the authority of great names in public law, come into con- flict, and require to be reconciled by more clear and pos- itive rules. The first principle is that occupation or actual posses- sion creates a presumptive right of property in the soil. If there be a precedence among rights, then it would seem that long-time occupation should give the first claim to territory : that, however valid the right of discovery may be against subsequent explorers, or other nations within the concert of public law, this can have no force vgainst the right of occupation in aborigines actually in possession, the presumption being that a country al- ready inhabited when brought to our knowledge belongs to the people who inhabit it. And in the case of aborig- ines without a history, this presumptive title runs back of the memory of man. Calvo says, " Up to a certain point, usucaption and prescription are even more neces- WHAT IS OCCUPATION? Ill sary between sovereign states than between individuals." 1 And is there not also a certain right of usucaption and prescription in the savage man, in the aboriginal tribe, which " sovereign states " are bound to respect ? The starting point in all dealings with aborigines concerning territory must be the recognition in them of some sort of right to the territory upon which they are found. And this right must be to the civilized man a mean of jus- tice. But this obvious principle is qualified by another, which is sometimes pushed so far as quite to overlay the primordial right of occupation. What is occupation ? No one would dispute that "a state in the lawful posses- sion of a territory has an exclusive right of property therein " 2 [dominium eminens} ; but can nomadic tribes have an exclusive right of ownership and domain over the vast territories they roam for pasturage and the chase ? Every right supposes a corresponding duty ; and since the earth as a whole belongs to mankind as a whole, and its products and resources are needed for the sustentation and development of the human race, the right of occupation in any portion of territory carries with it the obligation to serviceable occupation. Hence Calvo, in arguing the "-legitimate and incontestable title" of the United States to dominion over all the lands once occupied by Indian tribes along the frontier of the origi- nal colonies, says, " The Indians were but ' half-sover- eigns ' \_mi-souveraines~\ , and never in reality had more than a bare right of occupation." 3 And Vattel is even more positive : " The peoples of the vast countries of 1 " L'usucapion et la prescription sont meme, jusqu'a un certain point, plus necessaire entre Etats souverains qu'entre particuliers." Le Droit International, tome I., v. 173. 2 Pliillimore, Comm. on International Law, III., iv. 8 Le Droit International, II. 55. 112 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. North America wandered over them [les parcouraient~\ rather than inhabited them ; " and he lays down this principle : " Those who still adhere to this sort of idle life usurp more land than they would need with honest labor, and cannot complain if other nations, more labori- ous and too confined, come and occupy a part of it." l But even this sweeping principle reserves to wild tribes certain rights of possession ; they are not to be exter- minated nor enslaved, but simply restricted to so much laud as " they are in a condition to inhabit and to culti- vate." While insisting upon the right of colonists "to restrict savages to narrower limits," Vattel recommends conciliation rather than conquest. " One cannot but laud," he says, " the moderation of the English Puritans, who first established themselves in New England. Al- though provided with a charter from their sovereign, they purchased of the savages the land they wanted to occupy. This praiseworthy example was followed by William Penn, and the colony of Quakers which he conducted into Pennsylvania." 2 The principle that the earth belongs to the human family for use and improvement was strongly put by Great Britain in her contest with Spain for the freedom of Nootka Sound (1790). Great Britain held that " the earth is the common inheritance of mankind, of which each individual and each nation has a right to appropri- ate a share, by occupation and cultivation." 3 Dr. Arnold pushed this doctrine to the extreme that only labor can create aright of property in the soil. u So much does the right of property go along with labor, that civilized nations have never scrupled to take possession of coun- tries inhabited only by tribes of savages countries 1 Vattel, Droit des Gens, t. I. 1. i. evil. 81. a Droit des Gens, 8. c. xviii. 209. Wheaton, pt. II. 6. IV. SERVICEABLE OCCUPATION. 113 which have been hunted over but never subdued or cultivated." l This doctrine was much canvassed in England, in the New Zealand question of thirty years ago. 3 It contains an element of substantial truth, and, in one aspect is humane as proffering relief for over- crowded and starving populations. But it is also a doc- trine especially liable to abuse. It should be applied with caution and conciliation, and never pressed to the destruction of the right of aborigines to subsist, as best they may, upon the territory which they and their fathers, from time immemorial, have occupied. What is service- able occupation ? What is the standard of cultivation, and who shall fix this and enforce it ? If my neighbor suflei's his land to become a nursery of weeds overrun- ning my premises, or a marsh distilling pestilence, I have just cause of complaint ; but I have no right to insist that he shall use a subsoil plough and the best chemical fertilizers, in order to make his land most serviceable to the community, under pain of confiscation if he let it lie waste. Agrarianism and Communism would seize upon all private estates under the plea of making these more serviceable to mankind ; yet such estates may be of the highest benefit as a means of culture and taste, and the basis of a cultivated class that lifts society and the state to a higher level of civilization. 1 Dr. Arnold seems to have borrowed his doctrine from Cicero. " Sunt autem privata nulla natura ; sed aut veteri occupatione, ut qui quondam in vacua venerunt ; aut victoria, ut qui bello potiti sunt ; aut lege, pactione, couditione, sorte ; ex quo fit, ut ager Arpinas Arpinatum dictatur, Tusculanus, Tusculanorum ; similisque est pri- vatarum possessionum descriptio : ex quo, quia suum cujusque fit, eorum, quae natura fuerant cominunia, quod cuique obtigit, id quis- que teneat ; eo si qui sibi plus appetet, violabit jus humanas socie- tatis." De Officiis, lib. i. cap. 7. 2 The New Zealand Question and the Rights of Aborigines, by L. A. Chamerovzow. 114 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. We must take heed not to enforce against aborigines a doctrine that might subvert the foundations of thrift and order in the best civilized states. My right to live and to improve the earth after my own fashion does not convey the right to oust or exterminate my neighbor, nor to compel him to get his living after my fashion, however superior this may be to his own. It may be the law of nature that savage tribes must become civil- ized or die out ; but has a Christian nation the preroga- tive of enforcing or accelerating this law, by fire and sword ? It may aid in the adjustment of the two principles now stated, if we keep in mind that rude and even no- madic tribes do often have some notion of territorial lim- its and of public law, and also that they are amenable to other influences than force and fear. The desert of Arabia Petrsea, for example, is parceled out among differ- ent tribes by lines, which, though marked by no natural features, are as sharply defined as the boundaries between any civilized nations. Arrived at Akaba on my journey northward from Mount Sinai to Petra, I must there change camels and escort, for I had come within the domain of the renowned Sheikh Husein. I found him seated in the midst of his men of war armed with their matchlocks, knives, and spears. He, however, refused to furnish us an escort to Petra, on the ground that the adjacent tribes were at war. As our party was large and well armed we offered to take the risk, if he would give us a guide. Drawing himself up to his full height, he answered, " You are now in my territory, under my protection. If I permit you to go into danger and one of you is robbed or killed, your consul at Cairo will send word to your country ; and by and by, after one, two, three years, the big ships will come to Egypt, to Con- stantinople, and the Sultan and the Khedive will send COMMERCE. 115 soldiers to seize me, and " here lie drew his hand rap- idly across his neck to signify that he would lose his head ! Never was I so impressed with the omnipresence and majesty of that public law that holds even the Bedouins under its sway, and makes its presence felt in the silence of the desert. Mohammed AH had taught that lesson. But the roving tribes of the wilderness, the savages of Africa and of the Pacific, are susceptible to other ap- proaches than by force and fear. We have but to re- member that they are men, and we shall find them open to kindness, to vanity, to cupidity, and also to justice. The Indians, who were capable of making a treaty with the United States for reserved land, might have been in- duced to concede the privilege of scientific exploration, and that any mines found in their territory might be worked, on condition of paying a percentage to their tribes. In that case, the gold-hunting in the Black Hills, instead of being resented by them as a usurpation and a robbery, would have been welcomed as a source of wealth without toil. These are men of like passions with our- selves ; and it is worth trying whether their right of oc- cupation cannot be reconciled with the world's right of discovery and advancement. There may still be circum- stances in which the two principles must come to strife ; but it is the duty of Christian nations, first of all, to deal with non-Christian peoples as men having human rights, and, most of all, to show that they mean to be, and seek to be, just. In the manner advised by the King of the Belgians they should advance civilization through con- cord with native chiefs, and just and disinterested arbi- tration. II. COMMERCE. Wheaton wrote thirty years ago, " The injustice and mischief of admitting that nations have a right to use force, for the express purpose of 116 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. retarding the civilization and diminishing the prosperity of their inoffensive neighbors, are too revolting to allow such a right to be inserted in the international code." 1 Bnt is it not time to ask whether nations have a right to use force for the purpose of advancing the civilization and enhancing the prosperity of less favored peoples? Is commerce, as the van-guard of our Christian civiliza- tion, to be quartered upon reluctant peoples by the rifle and the gunboat ? We may well ask ourselves whether a civilization that puts on the horrid front of war, and goes on its mission bristling with cannon, is after all so much better than barbarism in the sum total of human happiness, as to justify an armed crusade to carry its commerce and arts through the world ? Whether hu- manity would be much the gainer if the whole world should be civilized up to the point where each nation should exhaust its resources and inventions upon improv- ing and multiplying agents for the destruction of human life, and in every land every youth should be taken from the plow, the shop, the school, and trained to the art of war. Should it not shame Christian nations to make their first impression upon ruder peoples through supe- rior powers of destruction, and by a commerce that sends fire and slaughter to prepare the way for opium and rum ? There is a right of commerce. The same principle that warrants mankind in reclaiming the earth for their needs, entitles them to share in the products of different climates and soils as means of comfort and enjoyment. But this right, like that of colonial settlement, should be asserted in the spirit of peace and good-will, and for the broad interests of humanity. The commerce of the Christian world with non-Christian peoples, looking be- yond present economical advantages, should stimulate 1 Wheaton, Elements of International Laic, pt. II. c. 1. THE OPIUM TRADE. 117 such peoples to a higher development of their natural resources, and a higher improvement in the arts of life. Hence any traffic that would tend to corrupt and destroy inferior peoples should be discountenanced by the law of nations, at least to the extent that no person engaging in such traffic should have the protection of his govern- ment in any conflict or difficulty arising out of the traffic. Such a measure was proposed in 1858 concerning the opium trade, by the plenipotentiary of the United States to China. In a letter to Lord Elgin, Mr. W. B. Reed suggested that the two governments should unite " in urging upon the Chinese authorities the active and thor- ough suppression of the trade by seizure and confisca- tion, with assurances that no assistance, direct or indi- rect, shall be given to parties, English or American, seek- ing to evade or resist the process." 1 By the laws of war certain articles are liable to be seized and confiscated as contraband of war. It is time that the law of nations should brand certain kinds of traffic as contraband of peace, contraband of civilization, and outlawed from the protection of public law. If the accidental introduction of contagious diseases by civilized man among the abo- rigines of the Pacific is deplored as a scandal to Chris- tendom, if the traffic in human flesh is declared piracy by the law of nations, 2 then surely any traffic in immoral- ities, to the destruction of a weaker people, should be put under the ban of Christendom. How to open commerce with barbarous tribes is some- times a difficult problem ; and there is need on this point of concert among Christian nations, lest ill-advised action on the part of one should prejudice the interests of all. As a rule it might be said that this should be left to the 1 British Opium Policy, by F. S. Turner, p. 92. 2 In 1820 the Congress of the United States declared the slave- trade to be piracy, to be punished with death. 118 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. private enterprise of trade. But it has happened, and will happen again, that injudicious or unscrupulous trad- ers will bring on a collision with tribes ignorant of the customs of trade, by awakening the prejudices or fears of the people, or the jealousy of their rulers. A trader is robbed or murdered, his government steps in to avenge the wrong, and a cruel war ends in a treaty of commerce under which the vanquished are restive until the oppor- tunity comes for their revenge. When at last the opium traffic was forced upon China, the Emperor Tao Kwang said, " Gainseeking and corrupt men will for profit and sensuality defeat my wishes ; but nothing will induce me to derive a revenue from the vice and misery of my peo- ple." 1 Though there are no mails nor telegraphs, the suspicion has gone abroad among non-Christian peoples that the advent of Christian commerce means encroach- ment, usurpation, fraud, wrong * perhaps, by and by, armed dominion and extirpation. I would not impugn the duty of a government to look after the safety and lives of its subjects in all parts of the world to hold the very hair of the head sacred from injury or insult. But in these times of incessant emigration and locomo- tion, if Christian governments would not be in incessant war with the ruder tribes of men, they should pause to inquire into the right and wrong of their own subjects before they threaten and strike their assailants. As hu- man nature is, offenses must come ; and I would not pre- tend that it is possible wholly to dispense with force and terror in dealing with barbarous tribes. Yet the sad lesson of Ashantee and Dahomey may be a commentary upon the old policy of putting force first, and commerce and justice afterwards. Patience might sometimes win a surer conquest than precipitate action. I cannot for- get that not many years ago one needed a passport for 1 British Opium Policy, by F. S. Turner, p. 120. GEOGRAPHICAL DISCOVERY. 119 every petty state of Europe ; that luggage was searched at every frontier ; that on entering Tuscany, Rome, Na- ples, one had to secrete his Bible and the " Times ; " that English political works were seized at the Russian cus- tom-house ; that republican pamphlets or newspapers made the traveler liable to arrest in Austria as a suspi- cious person ; that even now the innocent through trav- eler from Berlin to Paris or London is roused at mid- night, and compelled to go into a pen under guard, while his hand-bag is examined, lest he should turn pedler in Belgium ; and that we cannot get out of this hospitable city of Bremen without being examined at the douane as if our purpose were to smuggle free goods to foreign parts ; and remembering these blights on our own in- tercourse, we should have forbearance with our weaker brethren of Ashantee and Dahomey, whose methods of challenging the persons and goods of foreigners are rougher than ours, but are part of the same system. The tariff stretched along the Atlantic coast to keep out the goods of England, France, and Germany may be as pre- posterous, and in the view of political economy as bar- barous, as the hawser stretched across the Niger ; but it is not proposed to force the tariff by gunboats and iron- clads. Let not Christian powers do to the weak what they would not dare attempt with the strong. Once more, with respect to commerce, when this is opened in any new quarter of the globe it should be for the common behoof of mankind. That priority of dis- covery, or actual colonization, should secure to a nation certain commercial privileges by way of recompense for its outlay and risks, lies in the very reason of things. To deny this would be to take away one great stimulus to geographical discovery and commercial enterprise. But such special privilege, like copyright or patent-right, should be for a limited period, by way of reimbursement 120 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. for toil and skill laid out ; it should never be suffered to grow to a permanent monopoly. This is the age of the solidarity of nations ; and though the nation, like the individual, must care first for self in order to be capable of caring for mankind, yet each nation should look upon the prosperity of every other with a favor next to its own. A good example of this international comity in commerce was given by the United States in their treaty with China in 1845. Having secured certain extraordi- nary concessions beyond those made to England, such as the erection of hospitals, chapels, and cemeteries at the five ports, and permission to ships of war to visit any part of the coasts of China, the United States stipu- lated that the same privileges should be extended to all nations. In this spirit should the pioneers of commerce prepare the way for the unification of humanity. 1 III. HUMANITY. The law of nations has long ago settled the right of governments, severally or collectively, to interfere in the affairs of other peoples, " where the general interests of humanity are infringed by the ex- cesses of a barbarous and despotic government." 2 The 1 The ablest writers regard the system of international law as open to amendment, especially so far as it is based upon customs now antiquated. In this view Dr. Bluntsehli has sought to formu- late all recognized usages and principles in his able work, Dan Mo- derne Vo'lkerrccht der civilisirten Staaten als Rechtsbuch darnestellt. Professor Sheldon Amos believes the advance in the law of nations will be in "the influence of well-ascertained ethical principles and formal convention " as compared with customary usages. See his edition of Manning's Commentaries on the Law of Nations (p. 85). In this useful work the question is well put, How far " what shall be the practice of states " shall be dependent upon "what has been the practice of states " under the usages of "a less civilized period." The same powers that keep the law of the past are competent to make the law of the future. This they should not leave to prece- dent nor to accident. 8 Wheaton, pt. II. c. 1. PRINCIPLE OF HUMANITY. 121 eight contracting Powers to the treaty of Paris in 1814 agreed to take measures for the suppression of the slave- trade, as " a scourge which has so long desolated Africa, degraded Europe, and afflicted humanity." By the treaty of London, July 6, 1827, France, Great Britain, and Russia interfered in the affairs of Greece, as much in the interest of humanity as of the repose of Europe. 1 The pirate is treated as hostis humani generis. The principle here is plain ; inhumanity tends to bar- barize the human race and so make the world unfit for the abode of man ; and the ties of brotherhood in the hu- man family oblige the strong to care for the weak, the free for the oppressed, all for each, and each for all. But this principle should not be pressed to the extreme of armed interference except in the last resort, when the wrongs inflicted on the helpless outrage humanity, and protest and remonstrance have been used in vain. That the outrages committed by the Turks in Bulgaria in May, 1876, call for such intervention on the part of Christian powers, the spontaneous outburst of public sentiment throughout Christendom, the accord of press, politicians, and people clearly shows. After every abatement is made for the rumors and exaggerations of war, and every allowance for the excesses of a panic, of religious hatred, and of an irregular soldiery, the report of the American consul-general at Constantinople is a tale of horrors that summons the Christian powers to deal resolutely with Turkey, in the name of outraged humanity and of public law. Mr. Eugene Schuyler is a gentleman of large experience in affairs, of mature judg- ment, of a candid and resolute spirit. He knows both Slavic and Oriental tongues and the habits of Slavic and Oriental peoples. Neither he nor his nation has the re- motest possible interest in the political affairs of Turkey. 1 Wheaton, pt. II. c. 1. 122 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. Purely in the interest of truth and humanity he has trav- ersed the desolated region of Bulgaria, and his report to the American minister is the result of careful personal investigation. I allow myself to quote just enough of the horrible story to make clear the summons of interna- tional duty. The first extract relates to the town of Panagurishta (Otlujc-kui). " Four hundred buildings, including the bazaar and the lar- gest and best houses, were burned. Both churches were com- pletely destroyed, and almost leveled to the ground. In one an old man was violated on the altar and afterwards burned alive. Two of the schools were burned, the third looking like a pri- vate house escaped. From the numerous statements made to me, hardly a woman in the town escaped violation and brutal treatment. The ruffians attacked children of eight and old women of eighty, sparing neither age nor sex. " Old men had their eyes torn out and their limbs cut off, and were there left to die, unless some more charitably-disposed man gave them the final thrust. Pregnant women were ripped open and the unborn babes carried triumphantly on the points of bayonets and sabres, while little children were made to bear the dripping heads of their comrades. This scene of rapine, lust, and murder was continued for three days, when the sur- vivors were made to bury the bodies of the dead. The perpe- trators of these atrocities were chiefly regular troops com- manded by Hafiz Pacha. " While pillage reigned supreme at Kopriahtitsa and lust at Panagurishta, at Batak the Turks seemed to have no stronger passion than the thirst for blood. This village surrendered without firing a shot, after a promise of safety, to the Bashi- Bazouks, under the command of Ahmed Aga of Burutina, a chief of the rural police. Despite his promise, the few arms once surrendered, Ahmed Aga ordered the destruction of the village and the indiscriminate slaughter of the inhabitants, about a hundred young girls being reserved to satisfy the lust of the conqueror before they, too, should be killed. I saw their bones, some with the flesh still clinging to them, on the hollow ATROCITIES IN BULGARIA. 123 on the hillside, where the dogs were gnawing them. Not a house is uow standing in the midst of this lovely valley. The saw- mil Is for the town had a large trade iu timber and sawn boards which lined the rapid little river are all burned, and of the 8,000 inhabitants not 2,000 are known to survive. Fully 6,000 persons, a very large proportion of them women and children, perished here, and their bones whiten the ruins or their putrid bodies infect the air. The sight of Batuk is enough to verify all that has been said about the acts of the Turks in repressing the Bulgarian insurrection. And yet I saw it three months after the massacre. On every side were human bones, skulls, ribs, heads of girls still adorned with braids of long hair, and even complete skeletons still encased in clothing. Here was a house the floor of which was white with the ashes and charred bones of thirty persons burned alive there. Here was the spot where the village notable, Traudafil, was spitted on a pike and then roasted, and where he is now buried ; there was a foul hole full of decomposing bodies ; here a mill-dam filled with swollen corpses ; here the school-house where two hundred women and children, who had taken refuge there, were burned alive, and here the church and churchyard where fully a thou- sand half-decayed forms were still to be seen, filling the inclo- sure in a heap several feet high, arms, feet, and heads protruding from the stones which had vainly been thrown there to hide them, and poisoning all the air." Unfortunately for the interests of humanity, the same treaty of Paris that admitted Turkey to the concert of European public law stipulated, in its ninth article, that the Firman of reforms an$ obligations then issued by the Porte " cannot, in any case, give to the said [contracting] Powers the right to interfere, either collec- tively or separately, in the relations of his majesty the Sultan with his subjects, nor in the internal administration of his empire." But surely Turkey, who has broken all her pledges, could not be allowed the benefit of this pro- vision to cover such atrocities. Back of the relation of 124 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. individuals to a particular nation lies their relation to the human family, and when this is outraged, mankind have a common interest and a common right in demanding redress. No plea of " domestic relations " can avail against an interference to shield humanity from outrage. Even though the offending Power have no status in the family of nations, its victims belong to the family of man, and as such have a claim to intervention. The case of Bulgaria should be made exemplary ; whether by compelling Turkey to renounce her domin- ion, or to restore the desolated district, recompense the survivors, and punish the perpetrators of the outrages, would be for the Powers to determine. What concerns this association is that whatever is done in the premises should be done not through the prejudice of race or re- ligion, nor through the mere impulse of humanity as a sporadic feeling, but upon principles of law that shall be at once a precedent and a restraint. We must not dic- tate to Turkey what we would not also dictate to Spain, in the event of a political or religious persecution, or of outrages in Cuba ; what we would not dictate to the United States, to England, to Russia, in the event of their violating humanity in feebler tribes. Public law must be law to the Powers that give it, as well as to the peoples on whom they impose it. IV. PUBLIC PEACE AND ORDER. The right of in- terference " where the interests and safety of other powers are immediately affected by the internal transac- tions of a particular state," 1 has perhaps been much more insisted upon, and much oftener practiced, than any other form of intervention. The interference of the Great Powers in Naples in 1820, in Spain in 1822, in Greece in 1827, in Belgium in 1830, was justified upon the ground of public peace and order. The preamble to 1 Wheaton, pt. II. c. 1. PRINCIPLE OF PUBLIC ORDER. 125 the treaty of France, Great Britain, and Russia for inter- vention in Greece sets forth that the Powers are " pene- trated with the necessity of putting an end to the san- guinary contest, which, by delivering np the Greek provinces and the isles of the Archipelago to all the dis- orders of anarchy, produces daily fresh impediments to the commerce of the European states and gives occasion to piracies, which not only expose the subjects of the high contracting parties to considerable losses, but, be- sides, render necessary burdensome measures of protec- tion and repression." There can be no question of the right, nay, the obligation of Christian nations to do all in their power to preserve the peace of the world. Nei- ther can it be questioned that as self-preservation is the first instinct of the individual, so the right of self-preser- vation is the first law of nations. But the danger that threatens a nation must be direct and imminent to justify its interference in the affairs of a neighbor, and the en- deavor to preserve the public peace and order should never be to the prejudice of liberty or right. It is within recent history that both these pleas have been used by arbitrary governments as a pretext for suppress- ing neighboring revolutions that were grounded in jus- tice. The now exploded doctrine of " the balance of power" was liable to the same perversion. But the us;ige of Christian powers in Europe as to intervention for public order may serve as a guide to their duty in this direction toward non-Christian peoples. It has been fitly said that "justice is the common con- cern of mankind." Much rather is it their supreme duty ; and Christian nations, that themselves profess to be governed by justice, are under obligation to realize the noble saying of Savigny concerning the law of na- tions, that " its first and unavoidable vocation is to make the idea of right supreme and controlling \_herrschend zu 126 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. macheri] in the visible world." 1 A notable example was given in the union of British and American squad- rons for the police of the coast of Africa against the slave trade. To the United States belongs the honor of first effectually suppressing piracy in the Mediterranean. The time is ripe for a concerted movement in advance ; for a union of Christian powers to make impossible such outbreaks of violence, rapine, and cruelty as in recent years have brought savagery into direct conflict with civ- ilization. The horrors of Syria and Bulgaria, the bloody massacres of China and Africa, should be forestalled by the certainty of swift and decisive retribution. By their own example of arbitration, Christian powers can gain the right of control over the sanguinary passions of non- Christian peoples. Happy will it be when armaments shall serve only for the police of the world, and the one use of war shall be as a menace for restraining war ! V. RELIGION. The law and usage of Christian na- tions concerning intervention upon religious grounds, I do not scruple to say, call for a thorough revision to meet the conditions of the nineteenth century. In the Middle Ages the present condition of the Christian peo- ples of Turkey would have roused all Europe to a cru- sade for the expulsion of Mohammedan rule. Three centuries ago, the atrocities in Bulgaria, exceeding even those in Bohemia, would have brought Gustavus Adol- phus like a whirlwind of retribution from the north. Two centuries ago Cromwell and the Great Elector would have made persecution quail by the threat of their swords. Not only is the time for such intervention gone by, but the interests both of society and of religion should forbid its return. Such intervention implies not only that the state makes religion its concern, but also makes itself the champion of some specific faith or form. 1 System des Rbmischen Rechts, b. I. cap. ii. p. 9, 25. RELIGIOUS INTERVENTION. 127 Four centuries ago it was civilization itself that, under the banner of the cross, on the plains of Hungary, con- tested with the Turks the fate of Europe. There was then no state of Europe that was not in and of the church. The very existence of civilized society was identified with the maintenance of the Christian faith. To-day, in the nations of Europe foremost in the learning and arts of modern civilization, it is openly proclaimed in the name of science that the Christian faith is an anti- quated superstition, and the church a hindrance to en- lightened progress. When, at the Reformation, Christianity itself was di- vided into hostile camps, church interests were still so closely bound up with the state that the civil powers almost of necessity took sides in the conflict of faiths. But these are the days of mutual toleration, of parity of confessions, of religious freedom and the rights of con- science. How is it then longer possible for a state to in- tervene for any particular form or faith in religion, with- out going back upon those very principles that have brought the state and religion to their present position of intelligent freedom ? Just now there is a cry for inter- vention on behalf of the oppressed Christians in Turkey. One sympathizes with the feeling that profnpts that cry, but we are after the law and philosophy of such inter- vention. Analyze the cry, and what does it mean? Let us suppose that English evangelicals and German pietists join in the demand that Turkey shall cease to molest her Christian subjects. Might not Turkey reply, " You are the very parties who in your own countries invoke the civil power against the Jesuits. Now these Christians are to Turkey what you conceive the ultramontanes to be to England and Germany an element of danger to the state." Sir Robert Phillimore gives an apt quota- tion from Bolingbroke, a propos of the queen's media- 128 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. tion for French Protestants in 1764. " He saw that if Queen Anne demanded too much of France for Protest- ants, France might retort with demands for Irish Ro- man Catholics." * Happily the day has gone by when either country would have much to fear from the recrim- inations of the other ; but the keen-sighted Bolingbroke perceived that religious intervention could only be justi- fied on the principle of reciprocal equality of practice. Are, then, those who demand intervention in Turkey on behalf of Christians, as such, prepared to meet the logical and equitable consequences of this demand ? Are the Protestants of England and Germany willing that their governments should interfere to exact from Turkey the same freedom and protection for Jesuits and ultramon- tane propagandists which they desire for Protestant mis- sionaries and their disciples? Are Spain and Austria ready to insist upon the same rights for Protestant and Greek Christians that they would demand for Roman Catholics ? Is Russia prepared to become the champion of Roman Catholics and Protestants in Turkey ? Un- less all Christian powers are prepared to act in concert in demanding religious equality in Turkey without re- gard to faith, then intervention would resolve itself into each foreign government becoming the champion of a particular sect, and thus transferring to Turkey the re- ligious rivalries of Christendom. Protestant missiona- ries in Turkey do not hesitate to say they have a better assurance of religious liberty under the Turkish govern- ment, bad as it is, than they could hope for under certain forms of Christian rule that might follow in its stead. Again, in demanding of non-Christian peoples freedom and protection for Christians, as such, are Christian na- tions ready to allow Turks and Chinese, who may come to reside among them, absolute immunity in all the customs 1 Bolingbroke's Letters, iv. 121, 171, 172, 459. INTERVENTION ON RELIGIOUS GROUNDS. 129 and practices sanctioned by their religions, however ab- horrent to the manners and morals of Christian commu- nities ? If not, then upon what ground can the interven- tion of governments in matters of religion be advocated, save that each government should constitute itself the champion of some specific form of faith, thus arming faiths anew for conflict in Christendom, and making Christianity a scandal among non-Christian peoples ? In the present stage of the religious question the fol- lowing principles alone seern tenable. 1. Any government may by treaty insist that its own subjects residing among another people shall have the free exercise of their religious faith and worship ; being ready on its own part to guarantee the same right to sub- jects of the other party to the treaty. 2. Any power or powers may interfere in behalf of religion in any state by which said intervention is in- voked. Sir James Mackintosh says, "Whatever a na- tion may lawfully defend for itself, it may defend for another people, if called upon to interpose." Hence, if a people attacked on account of their religion invoke for- eign aid, it is in the discretion of the power thus invoked to grant such aid. But by parity of reasoning, no power should interfere in another country in a matter wherein it would not suffer itself to be interfered with. A nation should always be ready to give as much as it asks, and no nation should take what it would not give. 3. The Christian powers have the right to unite in de- manding of all peoples the absolute freedom of religion. This, as a right of conscience, is one of the prime rights of humanity, and in insisting upon this there is no savor of zeal for any particular form of worship or of faith. The powers have a right to interfere for religious freedom as a naked human right ; but to give justice and efficacy to such intervention, they must themselves furnish an irre- 9 130 INTERCOURSE WITH NON-CHRISTIAN PEOPLES. proachable example of impartiality in religion. Any single nation may make itself the champion of universal religious freedom ; and the more enlightened nations are under the same obligation to forbid tyranny over con- science as to forbid the slave-trade. 4. If religious persecution arises among any people, it is not only the right but the duty of Christian nations to interfere for its immediate suppression ; but this purely and solely upon grounds of humanity, and with no refer- ence whatever to the creed or worship that is assailed by violence. Christian nations should be as forward to res- cue a Mohammedan, a Buddhist, a fetish-worshiper from outrage and torture, as the disciple of any form of the Christian faith. 5. Aside from these principles, there is no riglit, and can be no law of intervention in the affairs of another people, on behalf of any class of religionists nor of any faith or worship as such. I speak here only of intervention by governments, which must hold themselves aloof from any partisanship in faiths. But there remains the potency of public sen- timent that moral intervention which is more effica- cious than the force of arms. The sword of Cromwell is broken ; the magic of his name is gone ; but Milton's mighty invocation, "Avenge, O Lord, thy slaughtered saints ! " still rings the knell of persecution. The words of an English statesman out of Parliament may be more quoted and more feared than the policy of ministers, the acts of Parliament, or the movements of fleets. It remains only to sum up, in few words, the princi- ples that should govern the whole intercourse of Chris- tian with non-Christian peoples. 1. That intercourse should not be left to accident or caprice, but conducted upon the well-defined basis of law. FOUR GENERAL PRINCIPLES. 131 2. It should be based upon the recognition of all peo- ples as members of the human family, and entitled to the treatment and the benefits that belong to men as men. 8. It should recognize and express the obligation of higher and more favored peoples to protect the weak and elevate the low. 4. From first to last it should be pervaded by the spirit of justice and make justice its rule and end. No nation should ever do to a weak and inferior people what it would not dare suggest to a strong and equal people. It is a hundred years since Dr. Johnson wrote, " There is reason to expect that as the world is more enlightened, policy and morality will at last be reconciled, and that nations will learn not to do what they would not suffer." 1 Judged by that standard what progress has the world made in enlightenment since Johnson's day ? We may not forget that Christian nations are responsible to man- kind and to posterity for the impressiop they give to non-Christian peoples of Christianity and civilization. It is in the hope that something may be done to elevate the intercourse between these ever-approaching sections of the human family, that I respectfully request the asso- ciation to appoint a commission to suggest rules and measures toward that end. That such a commission might issue in an international Parliament to proclaim the laws of civilized intercourse, the good auspices at Brussels, and other signs of the times, give reason to ex- pect. 1 " Thoughts on Transactions relating to the Falkland Islands.' Works, vol. xii. pp. 123, 124. V. CONCERNING TREATIES AS MATTER OF THE LAW OF NATIONS. (Prepared for the " Association for the Reform and Codification of the Law of Nations," at ita Conference in Antwerp, August, 1877.) AMONG the sources of the law of nations some writers assign to treaties the highest value, others the lowest. Grotius, in his enumeration, puts treaties after usages, and last in the series, as matter of international law, ipsa natura, leges divince mores, et pacta, though this may represent the order of time and of thought, and not the gradation of value. Heffter, one of the most scien- tific and exact expounders of the law of nations, allows to treaties no obligation beyond the directly contracting parties, and, even in their widest agreement in funda- mentals, no application beyond the attestation of a com- mon accord in the consciousness and conception of right. " Ausserdem ist freilich jeder internationale Vertrag nur fur die daran Betheiligten verbindlich, und selbst eine Vielheit von Vertragen, die denselben Grundsatz prokla- miren oder zur Grundlage haben, aber unter verschie- denen Machten geschlossen sind, kann an und fur sich Anderen oder gegen Andere kein Recht zur Anwendung desselben Grundsatzes gewahren, sondern nur zur Be- glaubigung eines damit einverstandenen allgemeinen Kechtsbewusstseins dienen." l Much to the same effect is Bluntschli's position, that 1 Das Europaische Vblkerrecht der Gegentvart. Einleitung, 9. VIEWS OF HEFFTER, BLUNTSCHL1, AND CALVO. 133 treaties do not in the first instance establish a rule of law, but only recognize and sanction a course of action accord- ing to legal principles which derive from other sources their binding force and authority. 1 Many other writers, among whom may be mentioned Manning and Philli- more, rate treaties chiefly " as evidence of the customary law of nations," and not as an independent and authori- tative source of international law. Wheaton says, how- ever, " an almost perpetual succession of treaties, estab- lishing a particular rule, will go very far towards proving what the law of nations is on a disputed point." Calvo, on the other hand, would raise treaties from the position of attesting witnesses to the matter of interna- tional law, to that of original and incontestable sources of the law itself. He looks upon treaties as not only enunciating or confirming rules and principles already recognized in practice, but as often introducing within the domain of international law the fruitful germ of new ideas, and thus preparing the way for the higher devel- opment of the comity of nations. " Le droit interna- tional a sa source principale dans les traite's par lesquels les Etats fixent et de*terminent leurs relations aussi bien en temps de guerre qu'en temps de paix. De meme que la loi juridique est en general la manifestation du droit, les traite's conclus entre les nations sont la manifestation la plus efficace et la plus le'gitime du droit international. . . . Quelquefois les traite's affirment les principes du droit de gens ge'ne'ralement reconnus, ou dtablissent des rdgles particulieres entre les contractants ; d'autres fois encore ils tranchent des questions douteuses ou apportent dans les relations Internationales le germ fdcond de nou- velles idees. Dans tous les cas, et quelle que soit la na- 1 Das moderne Vb'lkerrecht der civilisirlen Staaten, b. i. 12. Manning, Comm. on the Law of Nations, chap. iii. Phillimore, Comm. upon International Law, part I. chap. 6. 134 TREATIES AND THE LAW OF NATIONS. ture ou la port^e de leurs stipulations, les trait^s sont in- contestablement la source la plus importante et la plus irrecusable du droit international." l Kent likewise says of treaties, " By positive engage- ments of this kind, a new class of rights and duties is created, which forms the conventional law of nations, and constitutes the most diffusive, and generally, the most important, branch of public jurisprudence." 2 This seeming divergence of authorities upon the value of treaties *as matter of the law of nations is owing largely to the fact that different treaties, and sometimes portions of the same treaty, are characterized by quite different features the one sort conventional and stip- ulatory, the other ethical and declaratory. Now, the conventional in a treaty may be in its very nature local and limited, like stipulations concerning territory or commerce ; but the ethical concerns public right and the welfare of mankind. Hence though the conventional can be adduced simply as evidence of usage in the law of nations, the ethical may express a principle of universal obligation and of humanizing progress. Keeping in view this distinction, we shall be able rightly to estimate the proportionate value of the matter of treaties to the law of nations, and shall find reasons for concurring in the opinion of one of our colleagues (Professor Sheldon Amos), that the ethical in treaties must eventually over- balance the prescriptive authority of custom. " Though the customary usages of states in their mutual intercourse must always be held to afford evidence of implied assent, and continue to be a main basis of the structure of the law of nations, yet there are several circumstances in modern society which seem to indicate that the region of their influence will become increasingly restricted as com- 1 Calvo, Droit International, i. 19. 2 Commentaries on International Law, chap. 2. ETHICS SUPERIOR TO CUSTOM. 135 pared with that of well ascertained ethical principles and formal convention." l Indeed the main hope of the codification and reform of the law of nations lies in this assurance. If, as Heffter has so nicely expressed it, international law betokens and measures the common legal consciousness that is, the consciousness of a common obligation to right among the nations, then must we base the permanence of the law of nations upon its adaptation to the advance of human society in morals and civilization. This adap- tation must be shown in practical rules which are ac- cepted as just and useful, and in ethical principles which are felt to be right ; and it can be most fitly manifested through formal conventions which are enforced by the universal sense of moral obligation. International law should represent the solidarity of nations in interests, which are material and temporal, and in responsibili- ties, which are human and moral. However distant this ideal may seem, every sound dis- criminating statement of the essential matter of inter- national law is a step towards its realization. What, then, at the present stage of political society, is the proper estimate of treaties as matter of the law of na- tions ? I. No treaty can be of perpetual obligation in and of itself. A treaty quoad treaty is of a friable texture,- however durable in substance may be the several items that are cast in this particular* mould. The instability of human nature forbids the hope that any treaty will con- tinue to be held sacred merely because the original con- tracting parties regarded it as just and wise. The mo- rale of a nation or a government in its corporate capacity is apt to be below the average of its better citizens ; and history, unhappily, has made us too familiar with breaches 1 Note to Manning's Commentaries, chap. 2. 136 TREATIES AND THE LAW OF NATIONS. of faith between high contracting powers. But aside from this, the circumstances of nations so change with time that it is sometimes impossible or morally inexpe- dient for one or other of the parties to a treaty to fulfill obligations entered into by foregoing generations. Quite often, too, a treaty embodies concessions or pledges ex- torted by war, or conditions and expedients of temporary service, which cannot be permanently wise and good. Hence it would be absurd to put all treaties upon record as integral parts of the law of nations, and of like force and value in determining international rights and obliga- tions. II. No treaty is in form obligatory upon any but the states which have subscribed it as parties to the covenant. In this respect a treaty between states resembles a con- tract between private individuals. But though the for- mal authority of a treaty is thus restricted by the nature of the instrument, its contents may furnish important matter for the public law of nations. A treaty between two or more Powers may, for the first time, formulate certain principles, as for instance concerning extradi- tion, arbitration, naturalization, allegiance, the ameliora- tion of war, the rights and duties of neutrals, which principles, upon being enunciated, commend themselves to the moral consciousness of mankind, and claim univer- sal recognition. Thus the inner spirit of a treaty may awake a sense of obligation far beyond the limits of its formal authority. True, this wider obligation is due to the principles and not to the treaty ; yet the principles gain a certain prominence and weight by virtue of the treaty ; and when several of the more enlightened gov- ernments embody the same ethical principles in succes- sive treaties, then such treaties serve not only to attest the usage of nations, but give to the principles a certain sanction as matter of international law. " Audi in den VALUE OF TREATIES. 137 Vertriigen, welche zuniichst nur unter einzelnen Staaten abgescli lessen worden sind, sind daher manche Bestirn- rnungen zu finden, welche ihrem Wesen nach Rechtsge- setze und keineswegs blosse Vertragsartikel sind, welche die nothwendige Rechtsordnung, nicht die Convenienz der contrahirenden Staaten dartstellen." l Sometimes when a principle or rule is introduced into a treaty for the first time, the parties to the treaty avow that this is intended as a precedent, to be thereafter in- corporated into the law of nations. In such a case other Powers feel bound in their own interest to take notice of the declaration. Thus, in the treaty of Washington of 1871, the governments of the United States and of Great Britain laid down three rules by which " a neutral gov- ernment is bound." At the same time they agreed to bring these rules to the notice of other maritime Powers, and to invite their assent to the same. III. No treaty can be valid as matter of international law which contains stipulations contrary to the natural rights of man, or to the just rights and integral welfare of states not parties to the treaty ; or which would form the contracting parties into an alliance against the law- ful existence and well-being of other states. Phillimore lays down the rule that " no treaty between two or more nations can affect the general principles of international law prejudicially to the interest of other nations not par- ties to such covenant." 2 This rule, however, in its broad terms, could hardly be maintained ; since it would create a perpetual barrier to the amendment of the law of nations. There are " general principles of interna- tional law " which have become antiquated by the prog- ress of society, but which it might still be for " the inter- est " of particular nations to maintain. Or it might be 1 Bluntschli, Das moderne Volkerrecht. Einleitung, p. 5. 2 Commentaries, part I. chap. 6. 138 TREATIES AND THE LAW OF NATIONS. for the "interest" of certain nations to adhere to usages proscribed by modern civilization such as the slave- trade and privateering at which the law of nations once connived. Hence the mere fact that a treaty would "affect prejudicially" some customary material "inter- est of other nations not parties to the covenant," cannot make such treaty void in international law. The treaty may be the required medium (or introducing a whole- some reform into the law of nations. But it is quite otherwise when a treaty would infringe upon the essential rights of man, or the lawful existence and just liberties of states which are not parties to the covenant. No covenant of powers or numbers can make injustice valid. It is conceivable that states might be justified in com- bining by treaty to coerce, subdue, and even politically to annihilate, a people so addicted to foray, pillage, piracy, the slave-trade, as to be an incorrigible pest to human society. Where it is clear beyond dispute that the pestiferous tribe or state can neither be curbed nor reformed, and its evil courses can no longer be endured, then a convention of states for the destruction of this public malefactor would violate no principle of the law of nations, and no natural right nor proper interest of mankind. But a convention of states to force upon a state, not a party to the covenant, laws and usages of their own, or some immoral or hurtful traffic, or to par- tition among themselves the territory and population of a foreign state because its institutions and usages were not congenial to their own such a convention, though signed by all the Powers save its victim, could contribute nothing to the matter of international law, but, on the contrary, would be ipso facto void before that common consciousness of right from which the law of nations de- rives its highest sanction. No treaty could be valid that SECRET CLAUSES. 139 should have for its purpose the suppression of the natu- ral rights of man, such as personal liberty, the posses- sion of property, the inviolability of home, freedom of conscience, or that should form a league against the normal existence of an inoffensive state. No treaty could be valid in international law that should have for its ob- ject the propagation of any form of religious faith to the destruction or injury of others, as of Protestant against Catholic, Catholic against Protestant, either or both against Jewish, Mohammedan, or Pagan. The so-called " Holy Alliance " of 1815, in so far as it brought Cath- olic Austria, Orthodox Russia, and Protestant Prussia, to vow together that the precepts of their common Chris- tianity should be the sole guide of their political action at home and abroad, was an advance in the international spirit of justice and fraternity. But inasmuch as the allied Powers declared the precepts of their " holy relig- ion " to be " the sole means of consolidating human in- stitutions and of remedying their imperfections," the treaty was dogmatically exclusive, and might be made fanatically hostile toward non-Christian peoples ; and hence can have no place nor authority as matter of the law of nations. Leaving each nation to its own internal code of morals and its own sources of right, Moses, Confucius, Christ, Mohammed, the law of nations ad- mits to the benefits of its code all who are willing to abide by the rule of right as developed in the common consciousness of mankind. IV. A treaty containing secret clauses which nullify its open professions can have no authority in the law of nations. Cases may arise as during the Thirty Years' War in Germany in which, for their own preservation or for some common cause, states can rightfully form a secret alliance, offensive and defensive. But when a treaty, defining the relations or intentions of the contract- 140 TREATIES AND THE LAW OF NATIONS. ing Powers toward other Powers or to the general wel- fare, is openly promulgated to inspire public confidence, and said treaty is found afterwards to contain secret clauses which contravene its open declarations, such treaty, being of the nature of a fraudulent contract, is ipso facto void. The negative view of treaties as matter of the law of nations being exhausted in the four preceding proposi- tions, a few words will suffice to set forth their positive value. I. Whatever stipulations in a treaty tend to facilitate the peaceful intercourse of nations, upon the assured basis of their coordinate and correlative rights, are of permanent account in the law of nations. Of this char- acter are arrangements for the interchange of ambassa- dors and consuls ; for reciprocal trade ; for the mutual enjoyment and protection of the commerce. of the seas. II. All treaty stipulations for the common protection of human society against vice or crime, for the advance- ment of knowledge and the furtherance of mutual good- will, belong to the law of nations. Such are treaties for the extradition of criminals other than political offenders ; international patent and copyright laws ; rules of expa- triation, naturalization, and the like. III. Treaties made in the interest of humanity, and having in view the solidarity of nations in the higher civilization, are of the greatest value and promise to the law of nations. Of this sort are stipulations for sup- pressing piracy and the slave-trade; for restricting the occasions of war and mitigating its severities ; for re- specting the obligations of humanity in the movements of armies and upon the field of battle ; and above all, for substituting arbitration and the moral reason for the verdict of the sword. Whatever may be the origin of treaties such as these, SANCTITY OF TREATIES. 141 how insignificant or how imposing soever the number and rank of their signataries, their subject-matter is the very stuff the law of nations is made of ; and the treaty that contains such elements and seals such promises car- ries within itself the authority of the moral consciousness of mankind, demanding universal assent to its principles and aims. But the most essential point concerning treaties as matter of the law of nations is that the sanctity of the treaty shall be inviolable except by methods provided in the treaty itself or by the consensus gentium, for amend- ing or abrogating the terms of the convention. Unless this point shall be assured, the making of treaties must degenerate to a solemn farce, and the law of nations to a name to conjure by in the game of diplomacy. The law of nations as a working power is strictly coextensive with the sense of honor or good faith among the nations. Burke, in his philippic against the East India Company for its breach of faith with Hyder Ali, denounced the men " who either would sign no convention, or whom no treaty and no signature could bind," as " the determined enemies of human intercourse itself." 1 And surely the reciprocal intercourse of governments and peoples would be impossible, should it come to be understood that treaties can be broken with impunity, at the will of either of the contracting powers, either with or without notice to the others. Yet there are recent indications that the civilized world is unconsciously drifting toward such a wreck of international faith. Now it is this faith " which holds the moral elements of the world together," and hence the utmost vigilance must be used against whatever tends to weaken or disparage it. The question whether the intercourse of nations shall be ruled by law or by force is simply the question between faith and mis- 1 Speech on the Nabob of Arcot's debts. 142 TREATIES AND THE LAW OF NATIONS. trust. Honor and faith mean law ; suspicion and fear mean force. The comity of this association forbids the criticism of particular acts of nations which have entered into the concert of international law, nor would such criticism be pertinent to the object of this paper. But a calm state- ment of the present phases of treaty obligations is indis- pensable to a legal estimate of the treaties themselves. One notable example will suffice to illustrate the state of the question. The treaty of Paris of 1856, with the declaration an- nexed to it, was hailed as a permanent settlement not only of the Eastern Question, but of the outstanding ac- counts of the civilized world upon all questions involved in the conduct of war. By abolishing privateering, de- fining blockade, and establishing the immunity of all goods not contraband of war, the declaration sought " to settle once for all a uniform doctrine " of maritime law, and in lieu of heterogeneous and contested usages, " to introduce in this respect fixed principles into interna- tional relations." The gain to commerce and humanity from these rules was immense,; and the fact that in addi- tion to the seven Powers which signed the declaration, about forty states have given in their adherence to its principles, would seem to make that declaration a final authority in international law. The rules of the declara- tion are still respected, both by belligerents and by neu- trals ; yet the treaty of Paris is already regarded in some quarters as an antiquated document, having no vi- tal force ! Besides the broadly human principles of the declaration, the treaty itself marked a new era in the law of nations, by incorporating an express provision for mediation as a guarantee against a renewal of war upon the so-called " Eastern Question." " Art. 8. S'il survenait, eutre la Sublime-Porte et THE EASTERN QUESTION. 143 1'nne ou plusieurs des autres puissances signataires, un dissentiment qui menac.&t le maintien do leurs relations, la Sublime- Porte et chacune de ces puissances, avant de recourir a 1'einploi de la force, mettront lea autres parties contractantes en niesure de pre'venir cette extrlmitl par leur action m&liatrice." Cognate to this was the provis- ion of art. 29 concerning intervention in Servia. " Au- cune intervention amide ne pourra avoir lieu en Servio sans un accord prdalable entre les hautes puissances con- tractantes." By these provisions mediation, hitherto but an occasional expedient under emergencies, was ex- alted to a definitive place of obligation and authority in the law of nations. Unfortunately, however, for the permanent force of the treaty of Paris in international law, the treaty itself contained two provisions that were almost sure to work its disruption. In the first place, Turkey, which as yet had given small proof of either disposition or ability to conform to the law of nations as observed in western Europe, was admitted to an equal status in the concert of Europe, and the most emphatic pledges were given by the other six parties to the treaty " to respect the independence and the territorial integrity of the Ottoman Empire." 14 Leurs Majestes s'engagent, chacune de son cold, & re- specter 1'independance et 1'inte'grite' territoriale de 1'em- pire Ottoman, garantissent en commun la stricte observa- tion de cet engagement, et considdreront, en consequence, tout acte de nature a y porter atteinte comme une ques- tion d'inte'ret ge'ne'ral." (Art. 7.) Not content with this sweeping obligation to cherish and defend the youngest member of the European con- cert, the Powers seem to have made Turkey the pet of their confidence. Though the firman of the Sultan promising to his subjects civil and administrative re- forms, without distinction of race or religion, was the 144 TREATIES AND THE LAW OF NATIONS. ground upon which Turkey was admitted to the concert of Europe, yet the Powers disclaimed any right of mix- ing themselves in affairs between the Sultan and his subjects, and pledged themselves that, in the event of any threatening disturbance in the principalities of the Ottoman empire, there should be no armed intervention without a previous agreement among the Powers, and then only at the instance of the Sublime Porte itself. " II est bien entendu qu'elle ne saurait, en aucun cas, donner le droit aux dites puissances de s'immiscer soit collectivement, soit se'pare'ment, dans les rapports de Sa Majeste* le sultan avec ses sujets, ni dans ['administration inte'rieure de son empire." (Art. 9.) " Si le repos intd- rieur des Principality's se trouvait menace* on compromis, la Sublime-Porte s'entendra avec les autres puissances contractantes surs les mesures.a prendre pour maintenir ou re'tablir 1'ordre Idgal. Une intervention amide ne pourra avoir lieu sans un accord prdalable entre ces puis- sances." (Art. 27.) One might have foreseen that such wholesale guarantees to an untried order of things would tend to precipitate the catastrophe which has now ren- dered them null. But our concern is not with the un- wisdom of certain stipulations of the treaty of Paris, but with the preservation of that public faith upon which all treaties must depend. A second suicidal element in the treaty of Paris was the neutralization of the Black Sea, which restrained Russia and Turkey from converting its shores into a naval arsenal. The eleventh and thirteenth articles of the treaty were especially humiliating to Russia, and were dictated more by the exasperations of recent war than by the necessities of lasting peace. It might have been foreseen that upon regaining the consciousness of strength, Russia would refuse to be hampered by such conditions. Accordingly, in 1870, the Russian court NATIONAL SENSE OF JUSTICE. 145 notified the Powers that " His imperial majesty cannot any longer hold himself bound by the stipulations of the treaty of 30th March, 1856, as far UK they restrict his sovereign rights in the Black Sea." Here again our con- cern is not with the stipulation itself, but with the man- ner in which it was repudiated, as this affects the public faith. So keenly was this felt that when the signatary Powers to the treaty of Paris agreed at London in Janu- ary, 1871, to condone the act of Russia, they put forth the solemn and earnest declaration that "it is an essen- tial principle of the law of nations that no Power can re- lease itself from the engagements of a treaty, nor modify any of its stipulations, save with the assent of the con- tracting parties, by means of an amicable understand- ing." It is at this point that we must make a resolute stand, if faith between nations is to be maintained, and treaties and laws are to have any value above the paper on which they are written. It may sometimes be al- lowed to sovereigns or judges in individual states to set aside a local law as obsolete, though it has not been re- pealed. But no such discretion can be conceded to any one of the signers of a treaty, since a treaty is a contract the parties to which must be held together by mutual faith and mutual respect. To maintain this faith the first resource is the moral sentiment of just men. The sense of justice is becoming more and more potent in civilized communities, and in none could it be disregarded with impunity. But this sentiment, which is already a latent bond of union among civilized peoples, requires to be developed and unified in some intelligent and practical plan of action, for estab- lishing the law of nations upon the common ground of right, and maintaining it by the inviolableness of public faith. The present perplexity of the public mind in re- spect to treaties and their obligations is opportune for 10 146 TREATIES AND THE LAW OF NATIONS. some concerted movement in behalf of international faith. The treaty of Paris illustrates both the negative and the positive value of treaties to the law of nations ; it embodies the conventional and the ethical, the transi- tory and the permanent ; it points out mistakes to be avoided and obligations to be fulfilled. The conservation of the Ottoman empire, the neutralization of the Black Sea, the pacification of the Provinces, were all contingent upon circumstances that could not be foreseen nor con- trolled ; and hence a treaty guaranteeing these things could not be of permanent force quoad treaty. On the other hand, this treaty contains principles of such wisdom and justice, and its declaration gives rules of such ob- vious utility, that the essence of the treaty will be incor- porated with the law of nations, whatever may become of the form of this particular covenant. Moreover, the treaty anticipates the difficulties or failures that might occur in carrying out its stipulations, and provides for remedying these by mediation and the concert of the Powers a principle of the highest moment to the peace of the world and the moral advance of nations. Yet this treaty has suffered a sudden and somewhat ignominious collapse. The signataries hardly seem to know whether or not it still exists ; if they would invoke it on some points, they would ignore it on others. Some accuse one party, some another, of having violated the clauses touch- ing mediation and intervention ; some hold that the pro- vision for mediation was practically met by the confer- ence at Constantinople, others that it was violated by a preliminary conference from which one of the signataries was excluded. In this hopeless confusion, that which should most concern us is the collapse of international faith, without which, as we have seen, international law is but a figment. In a few months the great Powers of Europe will be summoned to form a new treaty of peace, INTERNATIONAL FAITH. 147 supplanting or supplementing the treaty of Paris. But we want no more of specific treaties if they are so easily to go the way of that. What the law of nations does require is a broad international compact of accepted prin- ciples, with adequate guarantees of international faith. Is this notion visionary ? On the contrary it is di- rectly practical, and might soon be realized if men would set resolutely about it. True, we can hardly look to governments to take the initiative in such a self-abne- gating reform. Yet governments are quick to feel the pulse of public sentiment, and sooner or later they must give formal and authoritative expression to the spirit of the age. Notwithstanding the din of warlike preparation, the governments of Europe are heartily averse to war. The sentiments of all statesmen are expressed in these words of a distinguished general : " Happy will be the time when states shall no longer be in a position which requires them to expend the greater part of their income in protecting their existence ; but when parties and peo- ples shall have convinced themselves that even a success- ful campaign costs more than it brings, since it can be no gain to purchase material good with the lives of men." That happy time will come when states shall have learned to Took upon each other with mutual confidence instead of presumptive suspicion ; and this again will be when treaties which pledge their signataries to mediation or to concert of moral action shall be held inviolable, and the at- tempt to set aside a treaty by any other than the rational and moral methods therein described shall be followed by a declaration of war on the part of the other signata- ries against the offender. In other words, a rational and moral adjudication of international disputes being pre- scribed by a compact of the Powers, let war be reserved as the penalty for a breach of international faith. Thus honor, confidence, and peace, would grow to be the normal 148 TREATIES AND THE LAW OF NATIONS. condition of things, and every government would gladly reduce its armament. Hence the consummation aimed at through a lasting compact of good faith, so far from be- ing a restriction upon governments, would greatly aug- ment their internal strength and authority. The effort after public faith in the law of nations should begin in confidence in individual governments faith in their good intentions ; and it should be conducted, not in the spirit of adverse criticism upon governments, but with cordial trust in these real bulwarks of the social order of the world. The direct and obvious steps toward a permanent in- ternational faith are these four. 1. Since so many permanent ethical points of union among nations are to be found in treaties to which all leading Powers from time to time have given their as- sent, these points, omitting whatever is local and conven- tional, should be codified, and formulated scientifically, with a view to being laid before the governments for specific recognition. If it were in the power of this as- sociation to employ a trained jurist to devote his whole time to this preparatory work, the office would be worthy of the beneficence of a Peabody and the capacity of a John Stuart Mill. The materials for such a codification are already at hand in the valuable collections of treaties and other diplomatic documents in the English, French, and German languages. 2. Since, with the single exception of Russia, all the Powers now acting in the Concert of Nations have a par- liamentary form of government, candidates for a seat in any parliament should be required to pledge themselves to consult and cooperate with the governments of other countries, in guaranteeing the mutual faith of nations, and the moral order of human society. The sense of justice, the desire of peace, and the interests of trade and FOUR POSSIBLE STEPS. 149 finance, are strong enough in all civilized peoples to se- cure this legitimate action of the parliamentary powers. Wisdom and courage patiently applied to this line of di- rection will surely tell. The constitutional makers of law in each nation will be employed to secure the sanc- tion of law for all nations in their common interests. The dangers of popular vehemence and of official usurpa- tion are alike guarded against at each step of this calm and logical procedure. The people of each country sim- ply demand that their rulers shall be in earnest in estab- lishing the relations of the country with all others upon the firm basis of justice and peace. The President of the United States has openly committed himself to such a pacific policy. 3. A commission composed of deputies from each of the governments shall elaborate and approve the projet of a convention, to be ratified by the several Powers. Upon the approval of its labors the commission shall ex- pire, and there shall be nothing of the nature of a per- manent tribunal above the several governments, but on the request of any three of the signataries, the govern- ments shall send deputies to a new commission for the revision or expansion of the covenant, any changes in the same to be determined in a certain fixed and equable ratio. This avoids the error of Kant, James Mill and others, in attempting to constitute a permanent congress or tribunal. It respects throughout the individuality of each nation, and seeks to rule by faith rather than by forms. 4. If a party to the treaty, refusing the prescribed methods of complaint and consultation for its amend- ment, shall openly and defiantly violate the covenant, said government shall be declared without the pale of na- tions, and subject to the penalty of war. When faith is thus made more noble than force, the 150 TREATIES AND THE LAW OF NATIONS. law of nations shall have fulfilled its function of choos- ing the good in each nation, that by combining the good from all, it may overwhelm the evil that lingers in any. No scheme of international law could provide effectually against misunderstanding, caprice, jealousy, rivalry, am- bition, and the occasional outbreak of war. Such evils will always be incident to human organizations ; but it is believed that the scheme here presented would reduce the risk to a minimum. The point of weakness in most plans for securing the observance of the law of nations is that they propose an impracticable tribunal, with no power to enforce its decisions. But this scheme leaves the sovereignty of each nation intact ; provides how a deliberative convention of the Powers shall be summoned upon an emergency ; and recognizing that persistent vio- lence can be repressed only by force, it reserves the mil- itary power as a police for punishing any infraction of the public peace, any violation of the public faith. In the nature of the case the scheme is tentative and imper- fect ; but if it shall serve as a help or a hint to others who are studying the same problem, the writer will be more than recompensed. VI. ON INTERNATIONAL COPYRIGHT. (Prepared for the Conference of the " Association for the Reform and Codifica- tion of the Law of Nations," held at Antwerp, August 28, 1877.) THE chief moment of the question of an international la,w of copyright lies in the reciprocal relations of the book trade in Germany, Great Britain, and the United States, as established by law, custom, or courtesy. This section of the report will be devoted exclusively to those countries ; and will comprise : I. The law of copyright in each country for the pro- tection of its native authors. II. The laws or conventions of each country concern- ing foreign authors, as to reprint or original publication. III. A digest of the principles and rules of copyright common to the three countries. IV. Suggestions for concerted legislation for bringing the law of copyright in the three countries into accord, for the rights of authors and the interests of literature. I. The protection of native authors. A. GERMANY. The law of copyright in Germany has been greatly simplified by the acts of the Imperial Par- liament codifying the independent laws and the mutual conventions of the several German states on copyright, as these stood prior to 1871. The constitution of the German empire (art. IV. 6) provides for the protection of intellectual property by the empire, through appro- priate legislation. This protection is assured equally to 152 ON INTERNATIONAL COPYRIGHT. authors in all parts of Germany, by the copyright law of the North German Union of June 11, 1870. This law, which covers literary works, artistic designs, musical and dramatic compositions, is now incorporated into the stat- ute book of the empire, and has the same force in Hesse, Baden, Wiirtemberg, Bavaria, and Elsass-Lothringen, as in the states of the former North German Union. The Act of Parliament of January 11, 1876, having more special reference to works of art, photographs, patterns and models, completes the legislation of the German em- pire for the protection of original intellectual productions within its bounds. The principal points established by this legislation are the following : (1.) The original work of an author, artist, or com- poser, is entitled to legal protection, and this upon the ground that it is an original or independent product of intellectual labor. It has been much disputed among German jurists whether the right of an author in his work is of the nature of an Eigenthum ; that is, a per- sonal, exclusive, and indefeasible right in the substance of the thing itself, or is simply a Vermb'gensrecht, which may be created or at least determined by law, in which the personality of the author is a less vital element than the mere legal notion of property. An intellectual Eigenthum inheres in one, a material Vermogen belongs to him. However, the distinction is more one of words than of fact. Singularly enough the phraseology of the German constitution recognizes the author's right in the creations of his intellect as an Eigenthum, while the Acts of Parliament for the protection of this right treat it rather as a Vermogen. Among the prerogatives of the imperial government the constitution specifies (art. IV. 6), " der Schutz des geistigen Eigenthums" the pro- tection of intellectual Eigenthum. But the Act of June 11, 1S70 is entitled, " Gesetz betreffend das Urheberrecht COPYRIGHT IN GERMANY. 153 an Schriftwerken," etc. ; and this term Urheberrec\\t the right of the creator, originator, author is substi- tuted for Eigenthum through the entire act. The same is true of the Act of Parliament of January 11, 1876. The substitution of this " right of the producer " for the self-existent intellectual proprietorship recognized by the constitution, was apparently made for a purpose ; and in an action for violation of copyright, no doubt the courts would follow the phraseology of the laws rather than that of the constitution. In either case, however, it is clearly recognized that the author has a right of property in his work as his own intellectual labor. The property does not lie merely in the material form in which his work appears, but in the thought and labor which that form embodies. The first article of the law of June 11, 1870, declares that the right to multiply a manuscript by mechanical means belongs exclusively to the author of the same. And the law pro- vides also, in principle, that the right of the author passes over to his heirs, but may be transferred to others by contract or other disposition. (2.) Any and every mechanical reproduction of a work, in whole or in part, even by writing in lieu of printing, without consent of the author, is forbidden. The author alone has the right to give his work to the public, and by the same right can withhold, alter, con- trol it. (3.) Under certain limitations as to time, notification, etc., the author of an original work, or the translator of a work from a dead language into a living tongue, is protected against the publication of a translation of his work, in the same manner as if this were a reprint of the work itself. (4.) The protection of the author against the reprint- ing of his work without his consent is guaranteed during 154 ON INTERNATIONAL COPYRIGHT. his lifetime and for thirty years after his death. The prohibition of the publication of translations holds good for five years after the first appearance of the original work, or of a translation sanctioned by the author him- self. These principles, covering the right of property in in- tellectual productions, the protection of that right against infringement, and the duration of copyright, fairly rep- resent the German law, so far as this concerns native au- thors. The details must be looked for in the Acts of Parliament already cited. 1 B. GREAT BRITAIN. (1.) The Act of Parliament of July 1, 1842, expressly declares " that all copyright shall be deemed personal property, and shall be transmissible by bequest, or, in case of intestacy, shall be subject to the same law of dis- tribution as other personal property, and in Scotland shall be deemed to be personal and movable estate." (5 and 6 Viet. c. 45, 25.) Here the fact of property in the original creations of intellect is fully recognized, and the legal denomination of such property is distinctly fixed. The English law of copyright is uniform through- out the " British Dominions," which term includes " all parts of the United Kingdom of Great Britain and Ire- land, the islands of Jersey and Guernsey, all parts of the East and West Indies, and all the colonies, settlements, and possessions of the crown which now are or hereafter may be acquired." (2.) The law of Great Britain, like that of Germany, i See O. Dambach, Die Gesetzgtbung des norddeutschen Bundes, betreffend das Urheberrecht an Schriftwerken, Abbildunyen, etc. 1871. W. Endemann, Das Gesetz betreffend das Urheberrecht an Schrifl- werken, etc. 1871. R. Klostermann, Das Urheberrecht an Schrift-und Kunstwerken, etc. 1876. COPYRIGHT IN GREAT BRITAIN. 155 makes the copyright cover every part or division of a work equally with the work as a whole ; and treats the multiplication in any form for circulation of copies of any work, in whole or in part, without the consent of the holder of the copyright, as an infringement of said right. (3.) The English law requires that " the proprietor- ship in the copyright of books, and assignments thereof, and in dramatic and musical pieces, whether in manu- script or otherwise, and licenses affecting such copyright, shall be registered in an official book kept for this pur- pose at the hall of the stationers' company." (4.) The English law provides that the copyright in a book shall endure for a period of not less than forty-two years ; that is to say, for the natural life of the author and for a further time of seven years from the date of his death ; " provided always, that if the said term of seven years shall expire before the end of forty-two years from the first publication of such book, the copyright shall in that case endure for such period of forty-two years." (5.) The English law has a peculiar provision for com- pulsory publication. The statutes do not place copyright upon abstract grounds of personal and indefeasible right in the author. Before the statute of Queen Anne it was held at common law that an author had a right of prop- erty in his works in perpetuity ; but the statutes relating to copyright were enacted avowedly with a view " to af- ford greater encouragement to the production of literary works of lasting benefit to the world." (See 5 and 6 Viet. c. 45, 1, and the titles of preceding acts cited therein.) Hence the statutes of copyright, while osten- sibly conferring upon the author a privilege by way of a motive to labor for the public benefit, practically curtailed a right by virtue of which he had been master of his own time, talents, and productions. 156 ON INTERNATIONAL COPYRIGHT. In this view of securing to the world the benefit of in- tellectual labor, the law of 1842 enacts " that it shall be lawful for the judicial committee of her majesty's privy council, on complaint made to them that the proprietor of the copyright in any book, after the death of its au- thor, has refused to republish or to allow the republica- tion of the same, and that by reason of such refusal such book may be withheld from the public, to grant a license to such complainant to publish such book, in such man- ner and subject to such conditions as they may think fit, and that it shall be lawful for such complainant to pub- lish such book according to such license." (5 and 6 Viet. c. 45, 5.) This provision is obviously liable to abuse. If, for example, an author had published a book which his heirs were willing to let die as unworthy of his name or injurious to his reputation or the reputation of' others, or to the public morals, or because of a change in the author's views and beliefs, as from the Protestant to the Roman Catholic faith and vice versa, then some huckstering publisher, trading upon the supposed popu- larity of the book, might obtain a license to violate the most sacred feelings of a family, and the presumable wishes of the deceased author himself. The very excel- lence of the purpose of this provision calls for uncommon care in its application. (6.) The English law guards rigorously against the importation into the British dominions of foreign re- prints, not authorized by the holder of the copyright, of any work first published under copyright in any part of the British dominions. These several specifications contain what is most im- portant to the purpose of this report, in the English law of copyright in behalf of native authors. C. THE UNITED STATES. The provisions of the law of copyright in the United States may be concisely stated as follows : COPYRIGHT IN THE UNITED STATES. 157 (1.) The constitution of the United States declares (art. I. sec. 8, 8) that the " Congress shall have power to promote the progress of science and useful arts, by se- curing, for limited times, to authors and inventors the exclusive right to their respective writings and discover- ies." Here the English notion of benefit to mankind is avowedly put forward as a motive for securing the rights of authors. Before the Revolution, an American author in either of the colonies would have had his rights under the common law as regulated and limited by the statutes of Parliament. Under the confederation particular states enacted laws of copyright. Connecticut and Virginia by preamble de- clared that " it is perfectly agreeable to the principles of natural justice and equity that every author should be secured in receiving the profits that may arise from the sale of his works ; " and Massachusetts went so far as to say that such security to authors of the fruits of their study and industry " is one of the natural rights of all men, there being no property more peculiarly a man's own than that which is produced by the labor of his mind." The law of the United States, as approved July 8, 1870, under the revision of the statutes, does not define the nature of the right secured to authors, other than that it makes copyright an assignable property, and holds a manuscript to be inviolable. It secures to the author, his executors, administrators, or assigns, the sole liberty of printing, reprinting, publishing his works. (2.) The copyright is valid for the term of twenty- eight years, with the privilege of renewal for the further term of fourteen years. These two terms are together equal to the English minimum of forty-two years. II. Laws or conventions concerning foreign authors, as to reprinting or original publication. 158 ON INTERNATIONAL COPYRIGHT. A. GERMANY. (1.) Before the constitution of the German empire, separate states of Germany had entered into conventions with foreign states for the reciprocal protection of the rights of authors. Such a convention was concluded be- tween Prussia and Great Britain May 13, 1846, and be- tween Prussia and France August 2, 1862 ; several of the minor states of Germany shared in the engagements of these treaties. The general principle of these conven- tions is that of exact reciprocity. For example : an Eng- lish author shall be admitted to the same protection in Germany which the laws secure to a German author, it being stipulated that a German author shall in turn re- ceive in England the same protection with a British sub- ject. The single qualification is, that the foreign author shall not enjoy a longer term of copyright than is ac- corded to him in his native country. Thus the copyright of an English book would be respected in Germany for the term of seven years after the death of the author, as fixed by English law, and not for thirty years after his decease, as fixed by German law. (2.) Since the constitution of the empire, the guaran- tee of copyright to foreigners has been lifted out of the sphere of literary conventions into that of parliamentary legislation. The conventions of the German states with France were dissolved by the war of 1870, but by the treaty of peace of May 10, 1871 (art. 11), and the sup- plementary convention of December 11, 1871 (art. 18), an international copyright was arranged between the German empire and France upon the basis of the former conventions. The statute of June 11, 1870 closes with the general provision ( 61) that the works of a foreign author shall be under the protection of this law of copyright if issued by a publisher who has his business establishment within COPYRIGHT TO FOREIGNERS. 159 the bounds of the German empire. This article, while it secures to the foreign author a reasonable protection, makes the profits of the manufacture and publication of his works inure to the benefit of German industry. The protection guaranteed to foreign authors through Ger- man publishers is absolute and universal, without respect to treaties of reciprocity. B. GREAT BRITAIN. (1.) During the present reign the Parliament of Great Britain has ratified conventions with several countries for an international copyright (e. g. with Prussia in 1848, and with France in 1852) ; and by a declaration of prin- ciples in the form of an act, by which the way is opened for similar conventions with all existing states. The Act of July 31, 1838 (1 and 2 Viet. c. 59), en- titled " An act for securing to authors, in certain cases, the benefit of international copyright," secured " protec- tion within her majesty's dominions to the authors of books first published in foreign countries, and their as- signs, in cases where protection shall be afforded in such foreign countries to the authors of books first published in her majesty's dominions, and their assigns." The term for such copyright was to be fixed by an order in council, but must not exceed the term for which British authors are secured by law. This act was repealed by the Act of May 10, 1844 (7 and 8 Viet. c. 12), and the authorization of copyright to works first published in for- eign countries was renewed, with a more extended ap- plication to works of art, musical and dramatical composi- tions, etc. By this act it was provided, " That no such order in council shall have any effect unless it shall be therein stated, as the ground for issuing the same, that due protection has been secured by the foreign power so named in such order in council, for the benefit of parties interested in works first published in the dominions of her majesty similar to those compromised in such order." 160 ON INTERNATIONAL COPYRIGHT. The Act of May 28, 1852 (15 Viet. c. 12), " to enable her majesty to carry into effect a convention with France on the subject of copyright," protects the foreign author for a term of five years against unauthorized translations. This legislation of Great Britain fixes the principle that wherever a convention of literary reciprocity exists between Great Britain and a foreign power, the subject of such power, or the author who first publishes his works within the dominion of such power, shall enjoy in Great Britain the privilege of copyright " for a period equal to the term of copyright which authors, inventors, design- ers, engravers, and makers of the like works respectively first published in the United Kingdom are by law enti- tled to." (2.) Aside from conventions and legislation, the de- cision of the Court of Appeal in the case of Low v. Routledge appears to settle the point, that an alien friend can avail himself of the British law of copyright, by taking up his residence in any part of the British domin- ions for a brief period covering the actual date of the publication of his work either there or in any other part of the British dominions ; and by complying with certain formalities as to registration, etc. The legislative and judicial action of Great Britain for the past forty years has greatly favored international copyright. C. THE UNITED STATES. (1.) The law of copyright in the United States pro- tects the author equally if he is a citizen of the United States, or simply " resident therein." Hence any person of foreign birth, without being naturalized, may obtain a copyright for his works in the United States, in the same way and upon the same terms with a native author, pro- vided he is resident in the country. (2.) The United States have no provision, either by convention or by law, for securing copyright to an alien who is non-resident. SUMMARY AND SUGGESTIONS. 161 (3.) By the courtesy of leading American publishers toward each other, in the best interest of the book-trade, and through their spontaneous sense of what is just and honorable toward authors, any foreign author of repute is enabled to make in advance exclusive arrangements with an American publisher, by which he receives the same royalty that he would receive if he were a citizen of the United States. Some English authors have even felt that this law of courtesy yielded them a larger re- turn than they should have had under an international law of copyright. III. Principles and rules of copyright common to the three countries now under review. (1.) Germany, Great Britain, and the United States agree in according to the author a right of property in his works, which, for a specified term, is exclusive and in- violable. (2.) In each of these countries this right endures for not less than thirty years, this being the term fixed in Germany for the continuance of the copyright in a book after the death of the author, an event which might occur in the very year of publication. In Great Britain the copyright in a book can in no case become void within a period of less than forty-two years ; in the United States it may be extended to that period, by renewal. (3.) In Germany and in Great Britain very fair pro- visions exist for securing a copyright to alien authors : in the United States such provisions exist by law for aliens resident in the country ; for others they exist only by the honor and courtesy of American publishers. IV. Suggestions for bringing into accord the laws of copyright in Germany, Great Britain, and the United States for the mutual advantage 8f alien authors. Since in each of these countries the principle of copy- right is established by legislation and by judicial deci- 11 162 ON INTERNATIONAL COPYRIGHT. sions, it would be superfluous here to argue the right of property in intellectual labor. There is indeed a school of political economists who oppose copyright as a form of monopoly, prejudicial to the interests of society as a whole. An American writer of this school goes so far as to say, " the word property is only^ applicable to material substances ; " though he contradicts this materialistic no- tion of property when he adds, " a person's ideas or thoughts are his intellectual property only so long as they remain unuttered and unknown to others." But the property which he calls " intellectual " does not lie in the intellect, which is the creative power, but in the concrete product of intellectual power and activity em- bodied thought. Hence the right of property in intellect- ual products cannot be extinguished by the self-same act which creates the property ; namely, the clothing such products with an outward form, whether the ideas be embodied in a book or in a machine of iron. Dr. Noah Webster has defined this right with his ac- customed clearness. " The labor of inventing, making, or producing anything constitutes one of the highest and most indefeasible titles to property. No right or title to a thing can be so perfect as that which is created by a man's own labor and invention. The exclusive right of a man to his literary productions, and to the use of them for his own profit, is entire and perfect, since the facul- ties employed and labor bestowed are entirely and per- fectly his own." There is no analogy whatever between copyright and a protective tariff. Free trade, while it enables the consumer to choose in the markets of the world the cheapest or the best, at the same time secures to the producer a return for his labor in proportion to the extent of the market. Hence free trade stimulates production by opening to the producer the widest possi- ble area for the sale of his products, and enabling him by RIGHT OF PROPERTY IN BRAIN WORK. 163 large sales at small profits to realize more than by the limited sales under the factitious prices of a protective tariff. Thus the community is benefited with a corre- sponding benefit to the producer. Moreover, under the freest laws of trade trade-marks are respected and pro- tected by law. But free trade in books would interdict production ; since the abolition of copyright would take away that powerful incentive to production which is given in the prospect of a fair return for the outlay of time and labor. However cheaply the manufacturer of material products may put his goods upon the market, he still reserves to himself a margin of profit ; and then the freer the sales the better he is remunerated. If, through excess of competition or of production, the selling price falls below the cost, he stops manufacturing and waits for better times. But if copyright is denied, the mind, which is the true manufacturer, receives no return. The publisher, or rival publishers, may increase their receipts by wide, cheap sales in an open market. But there re- mains no pecuniary incentive to authorship, and by and by the whole community must suffer through the wrong done to authors. This method of multiplying cheap books will end in few books being made. To abolish copyright would be to deny to the highest and most beneficial form of labor, the labor of the brain, that which is conceded as a natural right to the common- est labor of the hand, a share in the profits of its own time and toil. But the principle of copyright, founded in natural justice, is not likely to be set aside by the cry of monopoly. And besides, the sense of justice is in civ- ilized communities too far advanced to permit a man to be deprived of any natural right simply because he is a foreigner. The laws, conventions, and legal decisions cited above show that in neither of the three countries under consideration is there any prejudice against remu- 164 O.V INTERNATIONAL COPYRIGHT. nerating an author of foreign birth ; since in one form or another an alien friend resident in Germany, Great Brit- ain, or the United States, can secure for his works first published within the country the same protection of copyright which is accorded to a native author. Hence a formal declaration of international copyright between these three countries is reduced to a question of expe- diency. The chief hindrances to such an arrangement have arisen in the United States ; and, setting aside the limited school of political economists above refei'red to, the objections raised to an international copyright are in part selfish, in part sentimental. For many years there has existed in the United States an " International Copy- right Association," representing the most eminent names in American literature ; and it is believed that American authors, with the cosmopolitan spirit that should mark the guild of letters, almost without exception desire that the works of foreign authors should enjoy in the United States the same privileges and protection which are ac- corded to their own. Partly by the instrumentality of this association, and partly through other agencies, the subject of international copyright has been five times in- troduced into the Congress of the United States in the last forty years, though without any practical result. For some time past the association has suspended its activity, and its secretary writes in a tone of discourage- ment : " The present phase of the subject in this coun- try is, as it was always, and will be : authors in favor of the law ; publishers (almost universally) opposed to it ; the public indifferent." So far as publishers are con- cerned this statement appears too sweeping. The com- prehensive article by Mr. C. E. Appleton, in the " Fort- nightly Review " for February, 1877, on " American Efforts after International Copyright " gives several in- stances of the activity of leading publishers in the United OPPOSITION TO INTERNATIONAL COPYRIGHT. 165 States in behalf of such a measure. The leading oppo- nents of international copyright, as Mr. Appleton clearly shows, are : (1.) The smaller publishers and the booksellers who are not publishers. These fancy that an international copyright would play into the hands of a few leading firms having special facilities of communication with the foreign market, and would secure to them a monopoly in the works of foreign authors. The case of such objectors is not made out. But if it were, the plea is one of self- interest based upon injustice. Why should the reading public support the bookseller by cheating the author ? As the general public would not, for the sake of cheap- ness, knowingly encourage an importer in defrauding the revenue, neither would they knowingly encourage a pub- lisher in defrauding an author. They require simply to understand the case in order to right it. (2.) But here comes in the second class of objectors, who argue that an international copyright would restrict the diffusion of knowledge, and so far prejudice the well- being of mankind. But this objection, if of any force, lies equally against all copyright, and not merely against the extension of copyright to foreign authors. Now, it has been shown above that to abolish copyright would be to restrict production, and consequently to deprive soci- ety of many of the best fruits of mental labor. In every other sort of manufacture the cost of production is cov- ered in the price of the article. The producer, so to speak, is represented in and recompensed by, the thing produced. But in the book, as material, it is the pub- lisher and not the author who is so represented and rec- ompensed. The author's right calls for a separate and distinct recognition. No man who would not steal a book from the shelves of a library or a publisher would knowingly rob the author of the product of his labor. 160 ON INTERNATIONAL COPYRIGHT. The small percentage allowed to authors the reading public would not grudge in the cost of books. Moreover, a publisher whose editions were covered by copyright would have an inducement to extend his sales by various and cheap editions, so that in the end the dif- fusion of knowledge and the facility of acquiring knowl- edge would be greatly increased by the proper nurture of authorship. And in no event can philanthropy to the general be rooted in injustice to the individual. Here, as before, to understand the case is to right it. Where governments would lead in such an enlightened step, pub- lic sentiment would assuredly follow. Since Germany, Great Britain, and the United States are so far agreed in the fundamental principles of copy- right, a very simple act by the Parliament of each coun- try, declaring that all rights of property in original works secured by law to its own citizens shall be in like manner secured to the citizens of every other country the laws of which secure reciprocal rights to alien authors, would substantially settle the whole question. Indeed, since Germany and Great Britain are virtually upon this ground, such an act by the Congress of the United States would determine a copyright in common between these Powers. There is reason to believe that a judicious presentation of the case would secure the recommenda- tion of such a measure to Congress by the President in his annual message. The settlement of the question by such a declarative act of the several governments, upon the sole condition of reciprocity, would be fair and final. Yet, in order to conciliate jealous and rival interests, it might be found expedient at the first to concede the point established in German law, and contended for by some American publishers, that as a condition of copy- right to a foreign author his book must be printed in the country granting such copyright. Also, as a means of A SIMPLE SOLUTION OF THE PROBLEM. 167 encouraging competition and thereby promoting cheap- ness, and extent of circulation, it might be open to any one to reprint a foreign work, upon binding himself to pay the author ten per cent, upon the retail price of all copies of such reprint that shall be sold. The duration of copyright to foreigners should be fixed at the same time for all countries. But the details of the law could be soon adjusted, if there were a concerted movement to press the law itself. To give expression to the ripened feeling on this subject, this association might appropri- ately memorialize the several governments to appoint each an equal number of members of a joint commission to determine and report a reciprocal law of international copyright, said law to take effect directly upon being enacted by each of the consulting Powers. VII. THE RIGHT OF WAR INDEMNITY. (Remarks at the Conference of the " Association for the Reform and Codifi- cation of the Law of Nations," held at Frankfort on the Main, August 20th, 1878.) THE author proposed the following Resolution : Resolved, That a committee be appointed to report at the next annual conference upon the question, By what right, and under what conditions, may an aggressive Power claim a war indemnity in the event of conquest? And he sustained this resolution by the following considerations. The cost of modern warfare has given rise to enormous exactions by the conquering Power, under the name of Indemnity. In justification of these exactions it is al- leged, (1) That the right of the conqueror to subsist his army from territory actually conquered, implies the right to reimburse himself for all the expenses of the war, by levying a contribution from the nation which has surren- dered to his arms ; (2) That by crippling the resources of the vanquished nation, and causing it to feel as severely as possible the costs and penalties of war, the conqueror secures a guarantee of peace which is better than the pledges of a treaty. These pleas have more foundation in usage than in principle or right. They make no account of the causes or the motives of war ; no discrimination between just and unjust wars, wars of justifiable invasion or of nee- VIEWS OF IIEFFTER AND BLUNTSCIIU. 169 essary defense, and wars of sheer conquest and spoliation. But mere usage can no longer be held to justify in war any act or procedure which is tainted with injustice. In this all authorities agree. The proverb that war silences law is reversed, and law now rules war, and aims to sup- press it. Says Heffter : " The property of a nation at war lying within the territory of the enemy, by the old law of nations, was subjected like other booty to the right of appropriation by seizure. But this position the modern law of nations cannot allow." Modern states indeed at- tempt to reach the same end under the names " reprisal " and " confiscation ; " but Heffter does not hesitate to say that "this so-called confiscation in fact shields common robbery." l As to pecuniary exactions by an invading power within the territory of the enemy, Bluntschli says : a " In earlier warfare, the exaction of contributions in money was wont to be justified by the consideration that by paying such a contribution cities and communities were redeemed from the fear of pillage or disturbance. But the laws of civilized warfare no longer recognize a right of loot or of wanton disturbance. Hence there exists no warrant for a ransom from such a right . . . The sense of justice in the Europe of to-day can no longer be reconciled with such remains of an old barbarian mode of warfare." Now, is not the modern claim of war indemnity a heritage from the old barbarian right of conquest and spoliation ? Where, at least, in the law of nations, shall we find a justification of the indiscriminate levying of in- demnity by a conqueror, in face of the humane and hon- orable restrictions imposed upon war in recent times ? 1 Dr. August Wilhelm Ileffter, Das Europ&ische Volkerrecht der Gegenwart, b. ii. 140. 2 Dr. J. C. Bluntschli, Das moderne Volkerrecht der civilisirten Staaten, b. viii. 654. 170 THE EIGHT OF WAR INDEMNITY. The practice alone cannot justify the act. And the prin- ciple of indemnity being allowed, as a penalty for wan- tonly aggressive war and a restraint upon the lust of conquest, what shall hinder the prospect of an indemnifi- cation to be reckoned by milliards, from acting as an in- centive to war ? There is danger that the materialism of the times will devise a substitute for wars of spoliation under cover of indemnity, and that war shall become a commercial speculation on the part of greater states to maintain their armies at the cost of their weaker neigh- bors. This mercenary use of war was pushed to an ex- treme by Napoleon. Conquest opened the door to cupid- ity, and cupidity incited to further conquest. The ex- actions of Napoleon from the several states of Italy, from the Netherlands, from Wiirtemberg, Baden, Swabia, Franconia, Bavaria, Saxony, Prussia, Austria, Portugal, exactions in the name of the French republic and of his own sovereignty, in the twelve years from 1796 to 1808, reached to many milliards of francs. These "in- demnities " read in history like the ransoms extorted by a chief of banditti. " Dearly," says Calvo, " has France expiated these abusive exactions " (first by the indemnity of seven hundred million francs in 1815, and next by five milliards in 1871). " One can understand how up to a certain point a victorious power may claim to indemnify itself from a vanquished foe for the expenses which the war has brought, at least when that Power did not pro- voke the war. But it is quite another thing to put forth demands out of all proportion to any reasonable calcula- tion : demands fitted rather to ruin the country upon which they are imposed, and to prolong the evils of war after the actual cessation of hostilities. Is there not here a place for a moderating and conciliatory intervention ? Why should not such a liquidation of accounts be sub- GERMAN AND RUSSIAN CLAIMS. 171 mitted to a disinterested, equitable, impartial arbitra- tion ? " i The conditions of indemnity are not determined by clear, precise, equitable rules of international law. The committee which I propose may be able to suggest some feasible solution of a question, which, in its newer aspects, is either ignored by writers on the law of nations, or is treated with too much of political partisanship. My resolution is limited to a single point the right of an aggressive Power to indemnity in the event of conquest. This point will be made clear by a recent example. In 1870, France declared war against Prussia, and the war involved the whole of Germany. Germany being victo- rious, exacted from France an enormous indemnity. But though the form and amount of the indemnity caused much discussion, I am not aware that a single French publicist protested against the claim of indemnity, it be- ing conceded that the French emperor had declared the war. In 1877, Russia made war on Turkey. Whatever the offenses of Turkey, she had given no special provocation to Russia as an individual power. Yet Russia having conquered Turkey was allowed by the Congress of Berlin to recompense herself with a large accession of territory in Asia, including a coveted port which Russia had not captured, and whose inhabitants protested against her sovereignty. Russia has demanded also an enormous in- demnity in money, sufficient to cripple the resources of Turkey for fifty years to come. This demand was shoved aside by the congress, but may hereafter be made a pre- text for war. One sees at a glance an important difference between 1 M. Charles Calvo. Le Droit Internationale. T. ii. liv. 6, 910. Calvo gives important statistics of indemnity as tempting the greed of conquerors. 172 THE RIGHT OF WAR INDEMNITY. the cases of Germany and Russia. If an aggressive Power is allowed to indemnify itself equally with a Power which had repelled and conquered its invader, then indemnity, instead of being a restraint upon war, may be an incentive to war. Such an anomaly cannot fairly represent the law of nations. If it does, then the law calls loudly for reform. As a further argument for such a committee as I pro- pose, I would suggest the following theses : 1. Wars of mere conquest, ambition, or revenge, are no longer sanctioned by the law of nations. 2. Aggressive war can be justified only in the follow- ing cases : (a.) To recover territory seized and appropriated by an enemy. (6.) To suppress the turbulence of a neighbor who is constantly disturbing the peace of the frontier, and whom no treaty can bind. (phictyons religious union became the basis of political confederation ; behind the symbols of faith and the ob- jects of worship lay an inner spiritual devotion to higher spiritual powers ; above the circle of the gods was a su- preme unifying principle, rule, or fate; man, as the head of the physical creation, was divinized, and the divinity was humanity idealized. The religion of the Greeks was anthropomorphic, even to reproducing the baser passions of men in the persons of the gods. But all this helps lit- tle toward a conception of religion in respect of ground or motive; and in the absence of an infallible hierarchy, a dogmatic revelation, and even of systematic treatises on theology, it is not possible to reduce to a simple definition the Greek conception of religion in itself. This is remark- able if one considers how early the Greek mind showed its bent toward synthesis and speculation ; how the Greek poetry is pervaded with the presence of divinity, and Greek philosophy with the ethical sense ; and with what a free and unclouded spirit the Greek religion contem- plated the relations of the gods with men. Perhaps the very natural and human way in which the lives and do- ings of the gods were conceived of, and the childlike sim- plicity with which the gods were honored and served, ren- dered a definition of religion as difficult and as superfluous as a description of light and air. " The most godly man was he who cultivated in the most thorough manner his human powers, and the essential fulfillment of religious duty lay in this, that every man should do to the honor of the divinity what was most in harmony with his own nature." l 1 Zeller, Die Philosophic der Griechen, erster Theil, vicrte Auflage, Eink'itung, p. 42. CONFUCIUS. 229 Then there was the Sai/xwi/, or tutelary deity, a connect- ing link between gods and men, which might be a celes- tial attraction toward the good or a fatalistic impulse to- ward the evil, in either case modifying that freedom of choice which gives to actions their moral quality. And yet, by faith in his attending genius, how gradually did Socrates struggle after the pure and just, the beautiful and good. No reader of the " Phaodo *' can fail to feel how deep and vital is the religious spirit that here endeavors to give a dialectic form to the conceptions of God, the soul, right, duty, intmortality ; and yet the highest mo- rality and the highest philosophy combined in the subject and the framer of this most perfect of the Platonic dia- logues have failed to direct us to the origin and nature of the faith which it fundamentally implies. For the mythology of Greece there is a rich vocabulary ; for its religion, none. Turning from the greatest sage of Greece to the older sage of Chipa, we find in the dialogues or analects of Confucius a system of social and political ethics pervaded with the religious spirit, but which gives no distinct con- ception of the nature or the source of religion itself. Cus- toms, ceremonies, proprieties, filial piety, the worship of the spirits of ancestors and of sages, as also of the spirits of the land and of places, these all are enjoined, though in a somewhat formal, perfunctory way, and with no ex- press statement of the principle or the authority upon which their obligation rests. Virtue and righteousness in the outer life are prescribed with a sententious wisdom ; but the ultimate law of righteousness, whether in nature, in reason, or in God, is nowhere clearly enunciated. Admirable, indeed, were some of the rules given by Confucius for the conduct of life. " To subdue one's self and return to propriety is perfect virtue ; " " Benevo- lence is to love all men ; " " We should be true to the 230 WHAT IS RELIGION? principles of our nature, and the benevolent exercise of them to others ; " " Let the will be set on the path of duty ;" " Let every attainment in what is good be firmly grasped ; " " Let relaxation and enjoyment be found in the polite arts ; " " Let every man consider virtue as what devolves on himself. He may not yield the per- formance of it even to his teacher ; " " The man who, when gain is set before him, thinks of righteousness; who, with danger before him, is prepared to give up his life ; and who does not forget an old agreement, however far back it extends, such a man may be reckoned a complete man ; " " "Virtue is more to man than either water or fire. I have seen men die from treading on water and fire, but I have never seen a man die from treading the course of virtue." When, however, he was asked to define vir- tue, Confucius described it under certain manifestations, without pointing to its inward essence : " To be able to practice five things everywhere under heaven constitutes perfect virtue ; to wit, gravity, generosity of soul, sin- cerity, earnestness, and kindness." Again, he seemed to resolve virtue back into obedience to knowledge. "The ancients who wished to exemplify illustrious virtue throughout the empire, first ordered well their own states. Wishing to order well their states, they first regulated their families. Wishing to regulate their families, they first culti- vated their persons. Wishing to cultivate their persons, they first rectified their hearts. Wishing to rectify their hearts, they first sought to be sincere in their thoughts. Wishing to be sin- cere in their thoughts, they first extended to the utmost their knowledge. Such extension of knowledge lay in the investiga- tion of things." It is a special honor of Confucius that he applied his teachings to the benefit of mankind at large, and had no esoteric doctrines : " The man of perfect virtue, wishing to be established himself, seeks also to establish others : ANTICIPATION OF THE GOLDEN RULE. 231 wishing to be enlarged himself, he seeks also to enlarge others." And it is certain that this remarkable sage did anticipate the' " Golden Rule " of Christianity, at least upon its negative side : " What I do not wish men to do to me, I also wish not to do to men." A favorite disci- ple asked, " Is there not one word which may serve as a rule of practice for all one's life ? " Confucius answered, " Is not reciprocity such a word ? What you do not want done to yourself, do not do to others." When, however, we seek for the ultimate principles upon which Confucius founded such lofty precepts of morality, we find a certain vagueness and reserve quite in contrast with the clearness and force of the precepts themselves. Though after his death Confucius was worshiped by his disciples with divine honors, and though he remains to this day a chief object of religious homage to the Chinese nation, he never claimed divinity, and hardly assumed a divine commission and warrant for his teachings. Once, when his life was threatened, he said, " Was not the cause of truth lodged here in me? If Heaven had wished to let this cause of truth perish, then I should not have got such a relation to that cause. While Heaven does not let the cause of truth perish, what can the peo- ple of K'wang do to me ? " Yet he spoke of himself with humility, as the compiler of the wisdom of the an- cients, and not an originator of wisdom or the author of a system. That all which Confucius said and did was prompted by a religious sentiment is the impression one receives from an impartial reading of his works. " Man," said he, " has received his nature from Heaven. Conduct in accordance with that nature constitutes what is right and true is a pursuing of the proper path. . . . The path may not for an instant be left. . . . There is nothing more visible than what is secret, and nothing more mani- 232 WHAT IS RELIGION? fest than what is minute, and therefore the superior man is watchful over his aloneness." This seems to carry the distinction of right and wrong behind actions to the in- nermost thoughts and feelings, and to find in conscience " the eye of the mind " implanted by Heaven. It is held by some commentators on Confucius that he had no conception of a personal God, but used the term heaven impersonally, to denote the pantheistic principle in the universe; but Professor Legge, 1 whose careful transla- tion and commentary we have followed in the foregoing citations, is of opinion that the term heaven is fitly ex- plained by " the lofty one who is on high." There seems to be internal evidence of this in the saying of Confucius, " He who offends against Heaven has none to whom he can pray." The idea of offense, of prayer, and of such alienation by offense that prayer can no longer avail, im- plies the recognition of a personal being, and the term heaven is but a reverential veil for the name of God. Upon the whole we may gather from Confucius that re- ligion is an inner sense of Tightness or fitness implanted in man by his Creator, and which prompts to reverence toward God and the spirits of sages and of ancestors, to virtue in the conduct of life, and to justice and kindness toward others. Pursuing our analysis of the religious idea to a still more remote antiquity, we pass from China to India, from the preceptive philosophy of Confucius to the myth- ological poetry of the Vediis. 2 In Greece were divinities and a worship, but neither sacred books' nor a hierarchy ; in China sacred books of morality, and a hierarchy of 1 The Life and Teachings of Confucius. By James Leggc, D. D. 2 Socrates died u. c. 899; Confucius died u. c. 478. The hymns of the Rig Veda are the most ancient remains of Indian literature. No authority in Sanskrit assigns to those a date more recent than u. c. 1000, while some scholars carry them back to a period between B. c. 2000 and 2400. RELIGION OF THE VEDAS. 233 sages, but in the more ancient times, little of organized worship or of priestly functions ; in India, however, as far back as we can trace her records, institutions, tradi- tions, we find sacred writings, a sacred order, 1 and sacred observances, public and domestic : religion the very warp and woof of her literature and history. To a superficial view the religion of the Vedas might seem a mass of fables worthy of the childhood of the race, the crude polytheism of primitive tribes. But in reality this was preeminently the religion of thought, the spiritual na- ture of man tasking itself with speculations upon the ori- gin of things, and using this visible material universe to personify the spiritual and unseen. Behind the multi- farious array of gods and goddesses, and the sensuous, sometimes grossly material, conceptions under which these are presented, there is a subtle spiritual essence which is " the ONE," supreme, infinite, eternal, absolute. " There was then neither non-entity nor entity ; there was no atmosphere, nor the sky which is above. . . . Death was not then, nor immortality ; there was no distinction of day or night. That One breathed calmly, self-supported ; there was nothing different from It [that One] or above It." 2 This abstract, self-sustained essence is afterwards de- scribed as Mind. " Desire first arose in It, which was the primal germ of mind ; [and which] sages, searching with their intellect, discovered in their heart to be the bond which connects entity with non-entity." All the attributes of this mysterious impei'sonal One are ascribed in different hymns to different divinities, which again are clothed with material forms, and are subject to the incidents and the passions of human life. 1 It is uncertain how old is the origin of four castes, but the priestly office is of great antiquity. 2 Hymns of the Rig Veda, x. 129. Translated by Muir. Original Sanskrit Texts, vol. v. p. 356. 234 WHAT IS RELIGION? Thus, " Purusha himself is this whole [universe], what- ever has been, and whatever shall be. He is also the lord of immoi'tality. . . . This universe was formerly soul only, in the form of Purusha." 1 Yet Purusha was born, and was immolated in sacrifice. Again, " This en- tire [universe] has been created by Brahma." And yet " Brahma the eternal, unchanging, and undecaying, was produced from the ether." 2 These discrepancies are perhaps best harmonized by the supposition that each divinity who is invested with supreme attributes is but another expression for that One who is himself unnam- able ; or all the several divinities are but members of one soul, attributes or manifestations of the eternal, invisible essence. Whether the Vedic hymns mark an upward tendency of the religious feeling from naturism to the- ism, and from polytheism to monotheism, or whether their symbolism, like .the adornments of a cathedral, used at first to body forth the supersensible, had come to supplant spiritual worship by a species of idolatry, can hardly be determined from the internal evidence of the books, or from contemporary monuments or traditions. Rather the subjective and the objective seem here to be combined, to a. degree which transcends the union of the subtleties of the Schoolmen, with the sensuous worship of images in the Middle Ages. In the Vedic religion there is scope for every faculty of the human mind, the dia- lectic, the speculative, the imaginative, the contempla- tive, the observative, and these all struggle together to give expression to the theme which comprehends all thought, all being, all space, all duration. " There is no great and no small To the soul that maketh all : And where it cometh, all things are; And it cometh everywhere. " 8 1 Muir, Sanskrit Texts, vol. i. pp. 9, 25. a Ibid. vol. i. pp. 17, 115. R. W. Emerson. THE RIG VEDA. 235 Hardly a theory of physics, hardly a speculation of metaphysics, concerning the origin of things, force, motion, heat, evolution, light, spirit, but is anticipated in the Rig Veda. There nature is etherealized and spirit materialized. " The intellectual and the sensible, the ethical and the naturalistic, are there conjoined in the most inartificial and also inseparable way, as kernel and shell in the yet unripe fruit grow indissolubly to- gether." l Nature and Soul are one. The powers of na- ture personified, and by turns invested with all the attri- butes of Deity, or the universal soul manifesting itself in the phenomena of nature, especially in light, the dawn, the sun, the sky, all -pervading, all-renewing, all-beneficent, these worshiped with hymns, prayers, ob- lations, represent the religion of India in the oldest and purest of the Vedas. In reading these hymns of more than thirty centuries ago, one is puzzled by the frequent mixture in the same verse of seeming puerility with real profundity. Where we find such metaphysical acumen and such poetic sub- limity as often occur in the Rig Veda, it is fair to pre sume that connected passages, which a literal translation makes meaningless or childish, had a higher meaning, which is veiled from us by some symbol or mystery of language. Yet this very commingling of metaphysical acumen and poetic fervor with a certain childish credu- lity, which characterizes the Rig Veda, is found also in the Hindoos of to-day. Indeed, as these qualities are combined rather than contrasted in those early hymns, do they not show how human nature, at all points, was open to the influence of religion, the philosophic thought, the poetic fancy, equally with the childlike faith ? And if at length materialism shall establish its 1 O. Pfleiderer, Die Religion, ihr Wesen und ihr Geschichte, vol. ii. p. 82. 236 WHAT IS RELIGION? atomic theory of the universe, this vaunted outcome of physical science could but reaffirm an old metaphysical theory of the Indian mind, the development of the uni- verse from motion and heat, "impregnating powers and mighty forces, a self-supporting principle beneath, and energy aloft." 1 If physical science would make^ God " the sum of all the forces of the universe," the Vedic religion made of Nature "a metaphysical deity." Recent researches in Babylon have brought to light evidences of a religion there remarkable for simplicity and purity, teaching the unity of God and doctrines concerning sin, forgiveness, and the resurrection of the body, with singular analogies on some points to the He- brew Scriptures. 2 But as there is still some controversy among Assyrian scholars concerning the proximate date of these memorials and their inscriptions, we simply bring them into notice here, and pass to a single additional ex- ample. Older than the oldest of the Vedas, and with the pos- sible exception just mentioned, the most ancient landmark between the prehistoric chaos and the recorded course of the .world's history is the religion of Egypt, as read in her temples and monuments, and especially in the " Book of the Dead." If in the liturgy of Egypt, as in that of India, we find a mingling of the puerile and grotesque with the thoughtful and sublime, there is, on the whole, in the faith of Egypt more of mystery, and in her wor- ship more of majesty. In Egypt, as in India, we find in the religious odes a frequent interblending of subjective and objective, of metaphysical conceptions rising to pure monotheism and nature- worship, taking upon them much sooner than in India the symbolic form of idolatry. At the same time we are left in suspense as to the order of 1 Rig Veda, x. 129. 2 Sayce's Lectures on Babylonian Literature. RELIGION IN EGYPT AND ETHIOPIA. 237 manifestation, whether polytheistic forms sprang from a monotheistic root, 1 or from the broad base of nature- worship religion rose like a pyramid tapering upwards to a single point. But the Egyptian whether he worshiped the sun as god or as a manifestation of the Deity, whether he worshiped Osiris as the vivifying, fructifying potency in nature, or as a type of the ever-living, ever-progressing soul did certainly conceive of a supreme divinity, self- originated, invisible, incorruptible, imperishable, the crea- tor and lord of all. The worship was elaborate and im- posing, and the priesthood almost absolute over domestic life, and even in affairs of state. " The Egyptians," said Herodotus, " are religious to excess, far beyond any other race of men." But that faith can hardly be called a superstition which projected itself beyond the world and time into the regions of spiritual life, and drew thence motives to the noblest conduct of this life, to justice, honesty, temperance, chastity, truth, reverence, piety, kindness, and beneficence. It seems a complete collapse to pass from the high plane of religious thought and worship in Egypt and in Ethiopia to the fetichism of inner Africa. Yet even in fetichism is found a belief in supernatural power, in fate and mystery, in the spirits of the dead, and in other spir- its of good and evil ; and in all this the groundwork of a spiritual faith. In attributing to a doll the speech and passions of a human being, the child makes this thing of wax or wood a reflection of the personality which is just developing in its own consciousness ; it projects the spir- itual beyond its inner self to be mated with some other spirit which it feels must be. And so, in the infancy of the race, man makes the stone, the block, the material thing that pleases him or does him harm, a spirit to be 1 Bunsen held that "all polytheism is based on monotheism." Egypt's Place in Universal History, book v. part I. sec. 2, C. 238 WHAT IS RELIGION* conversed with, to be propitiated, or to be shunned. The spirit within him, felt though unseen, reaches forth after the spiritual without, which is felt though it cannot be seen. Whether belief in a personal God is so general that it may be regarded as native, or at least normal to the hu- man mind, it does not fall within our present scope to consider. Neither is this the place for a general review of comparative mythology. Our sole aim in analyzing the religions of different races and different periods has been to get at a conception of religion itself at once so fundamental and so comprehensive that, in defining this, we shall fix the place of the religious idea or sentiment in the system of philosophic thought, distinct from forms of worship and dogmas of theology. Thus far it is evident that religion is reverence or homage to an object external to the worshiper, which is looked upon as superior in nature, in character, or in power. That this object should be conceived of as a personal Being, or as one only God, is not essential ; but religion does require an object of faith or worship, a something exterior to the man, which he looks upon with a sentiment of admiration, of loyalty, or of awe, which leads him to acts of homage. The vir- tue which proceeds solely from one's inward impulses, or from self-regulation, with no reference in thought or feel- ing to any external source or motive of obligation, is morality or goodness, but not piety or religion. But, on the one hand, the lowest form of fetichism, having an object of worship, is called a religion ; and, on the other hand, usage allows the term religion to the homage to an ideal, such as nature or humanity in the abstract ; since such an ideal as the commanding motive or power over the soul is to all intents personified or deified as the ob- ject of worship. This application of the term perhaps a little overstrained Mr. Mill has pointed out in the RELIGION OF COMTE AND MILL. 239 case of Comte, and also of his own father. Speaking of Comte's homage to collective humanity as the "grand Stre," Mill says : " It may not be consonant to usage to call this a religion ; but the term, so applied, has a mean- ing, and one which is not adequately expressed by any other word. Candid persons of all creeds may be willing to admit, that if a person has an ideal object, his attach- ment and sense of duty towards which are able to control and discipline all his other sentiments and propensities, and prescribe to him a rule of life, that person has a re- ligion." He then argues that, in the majesty of his idea of humanity as the object of reverence and love, and in his golden rule of denying self to live for others, " vivre pour autrui" Comte " had realized the essential con- ditions of a religion." l And in describing his father's character and opinions, Mr. Mill contends that many whose belief is far short of deism may be " truly relig- ious," since " they have that which constitutes the prin- cipal worth of all religions whatever, an ideal concep- tion of a perfect Being, to which they habitually refer as the guide of their conscience." 2 This ideal, though exist- ing purely in thought, is nevertheless projected before the mind as a reality ; and the bare conception of such an existence creates an obligation to conform to this as the standard of life. Hence there enter into religion three elements or conditions more or less pronounced Nature, Man, or God ; and the precedence of one or the other of these elements, in the proportion in which they are com- bined, gives to different religions their distinguishing characteristics. The first of these elements is Nature. Now this term is so used by materialists as to exclude from the categories of science every form of the religious 1 The Positive Philosophy ofAuguste Comte. By John Stuart Mill, pp. 121-124. Also, Westminster Review, April, 1861. a Autobiography, book 46. 240 WHAT IS RELIGION? idea ; hence a strict definition of nature must precede and prepare our definition of religion. Going back to the Greek conception of nature, we find TO uo-iKoV sharply distinguished from TO rjOiKov and TO AoyiKoV. In his " Metaphysics " Aristotle gives a definition of v. The early Christian Fathers were quite as much given to metaphysical speculation as are the theologians of our time, and w r ere no less liable to prejudice and error. They foisted into creeds their met- aphysical definitions of doctrines, and these often framed 1 In the German this article reads not "body," but "resurrection of tliejlenh ; " and a party in the Prussian Church seek to make this gross literal notion of the rising of the natural Jlesh, in distinction from a bodily form, a test of soundness in the faith ! 254 CHRIST, THE CHURCH, AND THE CREED. in the heat of controversy. Why then should we enforce as the essential faith of the Church such definitions, no longer tenable in the light of science, and never in the least supported by the Scriptures ? In your letter to Superintendent Dr. Bruckner you said with much force that " doctrines about Christ have been substituted for the doctrine of Christ ; " and in like man- ner the so-called Apostles' Creed has been substituted for the creed of the Apostles. The New Testament does teach the resurrection as a fundamental doctrine of the Christian system. But what is the resurrection as taught by Christ and the Apostles? The word (Morao-i? (resurrection*) occurs in the New Testament as follows: in the Gospels 14 times, in the Acts 11 times, in the Epistles 18 times, in the Revelation twice. In several of these passages it is used simply of the resurrection of Jesus as a fact and a simile. In Matthew xxii. 31, Mark xii. 25, Luke xx. 35, it is the resurrection of the dead, TU>V vfKpw ; in Luke xiv. 14, the resurrection of the just, TWV Si/caiW; in John v. 29 the resurrection of life, &$<: and of condemnation, Kpurews ; and in John xi. 24, 25 simply the resurrection at the last day. There is not one solitary case in the New Testament where the res- urrection is spoken of as a resurrection of the flesh, c Chemis- try, by Prof. J. P. Cooke, chap. v. Many chemists, though not all, accept the atomic theory as the best solution of this law of multiple proportions. To our estimate of Lucretius, the variation of meaning in the terms molecule and atom, as used in chemistry and in physics, is of no practical importance. 1 " Light is due to the undulations of the elastic medium pervading all space to which physicists have given the name of luminiferous ether." Roscoe on Spectrum Analysis, p. 9. 2 Fragments of Science, Essay I. " The Constitution of Nature." Reprinted from Fortnightly Review, vol. iii. p. 129. Though this theory of a luminiferous ether seems to account satis- factorily for all the phenomena of light, there remain eminent phys- 266 LUCRETIUS OR PAUL. inane, space in which there is no appreciable matter ; as he expressly says " if it shall be intangible and unable to hinder anything from passing through it on any side, this you are to know will be that which we call empty void." l This seems neither more nor less than what philosophers have surmised, but not demonstrated, under the name of ether. Tennyson has finely phrased Lucretius' doctrine of the void as the abode of the gods : " The lucid interspace of world and world, Where never creeps a cloud or moves a wind, Nor ever falls the least white star of snow, Nor ever lowest roll of thunder moans, Nor sound of human sorrow mounts, to mar Their sacred everlasting calm." We must pause here a moment to observe that, how- ever in fact the universe was or is made, it was not first constructed by the materialists of our day ; and if these icists who reject it or hold themselves in suspense concerning it. The path of Encke's comet as observed through the great equatorial at Washington, seems to confirm von Asten's view that all the move- ments of this body could be accounted for by the disturbing attrac- tions of the planets, without supposing a retarding iniluence from an ethereal medium. The existence of such a medium is still an open question. Professor Challis, of Cambridge, regards the universe as made up of atoms and ether. " The atoms are spheres, unalterable in mag- nitude, and endowed with inertia, but with no other property what- ever. The ether is a perfect fluid, endowed with inertia, and exert- ing a pressure proportional to its density. It is truly continuous (and therefore does not consist of atoms), and it fills up all the interstices of the atoms." Essay on the Mathematical Principles of Phyx'n-s. See Nature, vol. viii. p. 279. This ether of Challis is a modification of the void of Lucretius. See again Helmholtz's incompressible fric- tionless fluid. 1 " Sin intactile erit, nulla de parte quod ullam Rein prohibere queat per se transire meantem, Scilicet, hoc id erit, vacuum quod inane vocamus." L.i. 437-440. OTHER ANTICIPATIONS OF MODERN SC FENCE. 2G7 gentlemen were better versed in the history of that phi- losophy which some of them affect to despise, they might grow wiser, if not more modest, in presence of the gn-at masters of thought, whose shadows they are. For here observe in Lucretius, that it was thinking, and not seeing, that first penetrated the arcana of the universe. That Lucretius was familiar with the observations as well as the speculations of foregoing philosophers is evident ; 1 but his own theory of the universe, now confirmed at so many points by experiment, is a marvel of the deductive method. To the examples already given of his anticipa- tion of modern discoveries I add two that alone should make him immortal among thinkers. Lucretius held that atoms " are of solid singleness," but that bodies as we see them are made up of atoms and void, and are solid or rare according to the proportions of body and void. This he illustrates by comparing a ball of wool with a lump of lead. Take now the beautiful experiment of packing the same globe with three kinds of vapor. A glass globe, with a capacity of one cubic foot, and containing one cu- bic inch of water, is exhausted of air, and then heated to the boiling point ; the water all evaporates, and the globe is filled with steam. If more water be added, the same temperature being kept up, not a particle of this will evaporate: but if alcohol is introduced, " this immedi- ately evaporates, and just as much alcohol-vapor will form as if no steam were present. The globe is filled with aqueous-vapor and alcohol-vapor at one and the same time, each acting, in all respects, as if it occupied the space alone. If now we add a quantity of ether, we shall have the same phenomena repeated ; the ether will ex- pand, and fill the space with its vapor, and the globe will hold just as much ether-vapor as if neither of the other two were present. There is not here a chemical union 1 See note, p. 262. 268 LUCRETIUS OR PAUL. between the several vapors, and we cannot in any sense regard the space as filled with a compound of the three. We can give no satisfactory explanation of these phenom- ena except on the assumption that each substance is an aggregate of particles, or units, which, by the action of heat, become widely separated from each other, leaving very large intermolecular spaces, within which the par- ticles of an almost indefinite number of other vapors may find place." 1 But Lucretius was just as sure that such must be the structure of bodies as if he had witnessed a thousand such experiments. One other point in which Lucretius anticipated the inductive and experimental science of modern times has elicited the special admira- tion of Sir William Thomson, himself a great authority upon the structure and properties of atoms. Lucretius, in his first book, vigorously contests the notion that the universe is compounded of four elements, earth, water, air, and fire, and especially the doctrine that fire is the source of all things ; he refers all phenomena to the prop- erties of atoms and their kinetic energy. As, for instance, "there are certain bodies whose clashing motions, order, position, and shapes, produce fires, and which, by a change of order, change the nature of the things." 2 Hence, ac- cording to Sir William, the recent methods of explain- ing heat, light, elasticity, diffusion, electricity, and mag- netism, in gases, liquids, and solids, are "carrying out the grand conception of Lucretius, who admits no subtle ethers, no variety of elements with fiery, or watery, or light, or heavy principles; nor supposes light to be one thing, fire another, electricity a fluid, magnetism a vital principle, but treats all phenomena as mere properties or accidents of simple matter." 3 1 Cooke's New Chemistry: Lecture I. 8 Mulaltique online mutant naturam. L. i. p. 685 seq. * Address of Sir W.Thomson, LL. D., F. R. S., before the Hritish As- ociation, 1871 ; also North British Review on Lucretius, March, 18t>8. METAPHYSICS NOT PHYSICS TI1E BASIS. 269 Now, the point I make, and would insist upon, is that these were not lucky guesses or coincidences of Lucretius, but results of the deductive method to which scientific materialism is compelled to do homage by its own discov- eries. But remarkable as are these correspondences of experimental physics and chemistry with the atomic the- ory, the atom itself is simply assumed. It never has been, and never can be brought within the range of the senses. The atomic theory is evidenced by experiments as to atomic weights, volume, heat, and combining capacity, and as to isomerism, and chemical molecules and homo- geneity ; but the theory is still stoutly contested by some, and the very existence of the atom is disputed by others. 1 Yet we are called upon to accept the materialistic doc- trine of the universe, and to receive nothing as knowledge which does not come to us through the senses, while for- sooth the foundation of this sensible universe lies utterly beyond the senses, is not at all a physical fact that any one has seen or handled, but a theoretical deduction, an assumption of the mind to explain facts that are seen. Let the atomic theory have all due acceptance as an in- genious and subtile theory, but let it not be thrust upon us as a dogma by a hierarchy of physicists which, in the name of human freedom, is as much to be resisted and detested as an ecclesiastical hierarchy. Most heartily and gratefully do I welcome all facts ascertained by physical science ; nor do I see, upon theistic grounds, any solid objection to the nebular hypothesis, the atomic theory, the doctrine of the correlation of forces, or of natural se- lection. But should all these be established upon the physical basis of experimental observation, I pray men of science to be honest enough to own that it was not 1 See Essay of S. D. Tillman, Nature, vol. vi. p. 171 ; E. J. Mills in Philosophical Magazine, xliii. p. 112; and Professor B. C. Brodie, Journal of the Chemical Society, London, p. xxi. p. 367. 270 LUCRETIUS OR PAUL. physics but metaphysics that first suggested and sought to demonstrate them, each and all. Materialism cannot repudiate its own parentage ; cannot steal the name of Lucretius and scorn his method. Materialism was be- gotten not of nature, but of mind through metaphysics. I accept the method of induction as the basis of scien- tific theorizing, but not to the exclusion of logic and im- agination, in one word, of metaphysical speculation. Three hundred years have passed since Bacon gave us the inductive method, and now that method is only be- ginning to give us results as to the physical universe, which, nineteen hundred years ago, Lucretius, poet and metaphysician, evolved from his own brain. In the sphere of physics, speculation may require to be con- firmed by observation, and speculation cannot stand when positively contradicted by observation ; but in the conception of the universe there is a sphere for meta- physics as well as physics, and in which metaphysics may be strong enough and clear enough to assert that the seeming facts of physics are delusions and its deductions fallacies. That which man sees is not all that is, nor all that man knows or dare affirm. Goethe, who might have been first among physicists had he not been first among poets, said : " I want to know what it is that impels every several portion of the universe to seek out some other portion, either to rule or to obey it, and qualifies some for the one part and some for the other, according to a law innate in them all and operating like a voluntary choice. But this is precisely the point upon which the most perfect and universal si- lence prevails." 1 And he puts into the mouth of Faust 1 Conversation with Falk. Hegel quotes a like sentiment from another poet: " In's Innere der Natur Dringt kein erschaffner Geist, RELATION OF THE SEEN AND THE UNSEEN. 271 that which we may take for at once the boast and the confession of his own mind : " I feel indeed that I have made the treasure Of human thought and knowledge mine in vain, And if I now sit down in restful leisure, No fount of newer strength is in my brain; I am no hair's-breadth more in height, Nor nearer to the infinite." * TJie knowledge of the Seen does not preclude the exist- ence of the Unseen. It is the failure to admit this simple aphorism that has been the folly of materialists from Lucretius to Haeckel. Lucretius says, " From the senses first has proceeded the knowledge of the true, and the senses cannot be refuted ; " 2 and he asks, " What surer test can we have than the senses whereby to note truth and falsehood to what else shall we appeal?" 3 I answer, to that Something within us that sits in judg- ment upon the senses and determines whether their tes- timony is true or false ; which, for instance, when the eye sees a ghost in the grave-yard, or a lake in the desert, decides that this is but an illusion of the retina, or a disease of the optic nerve. 4 When you look upon the Zu gliicklich, wenn er nur Die aussere Schaale weis't." To this Hegel adds the comment, " Rather should it be said, if the essence of Nature is determined by any one as inner, in that very determination he knows only the outer shell." Encyklop&die tier philosophischen Wissenschaften. 140. Die Lelire vom Wesen. 1 Bayard Taylor's translation. 2 " Invenies primis ab sensibus esse creatam Notitiem veri, neque sensus posse refelli." L. iv. 475, 476. 8 " Quo referemus enim? quid nobis certius ipsis Sensibus esse potest, qui vera ac falsa notemus ? " L. i. 699, 700. 4 Thus Macbeth, while intent upon the murder of Duncan, first sees a dagger, then disputes his sight by his touch, then, when his reason recovers from the bewilderment of his imagination, he passes 272 LUCRETIUS OR PAUL. clever tricks of the juggler or the medium, you know that you are being cheated, and do not see what you see, nor hear what you hear. You judge your senses at the time, and enjoy the conscious luxury of being hum- bugged, or if misled for the moment by appearances, when you think it over, you berate your senses for hav- ing fooled you. Our senses are not the final and suffi- cient judge upon all fact and truth. This crucial test of Lucretius is unscientific in three particulars. I. It would shut out the great body of mankind from that knowledge which is necessary to just convictions and beliefs, and to right action. It is not possible for the body of mankind to make with their own senses those observations of Nature upon which physicists base the doctrine of the world and of life. Hence, in a matter of such high concern as the order of things with which they are related, mankind must put that faith in physicists judgment both upon his senses and his fancy, and is himself again. By italicizing a few words of his soliloquy the whole process becomes plain: " Is this a dagger, which I see before me, The handle toward my hand? Come, let me clutch thee; I have thee not, and yet I see thee still. Art thou not, fatal vision, sensible To feeling, as to sight? or art thou but A dagger of the mind : a. false creation, Proceeding from the heat-oppressed brain ? I see thee yet, in form as palpable As this which now I draw. Mine eyes are made the fools o' the other senses, Or else worth all the rest : I SEE thee still : And on thy blade, and dudgeon, gouts of blood, Which was not so before; There 's no such thing : It is the bloody business, which informs Thus to mine eyes." Shakespeare made no mistake in making sense thus mislead, and then refuting sense by reason. UNSCIENTIFIC REASONING. 273 which for themselves they contest and renounce. When the scientific materialist speaks ex cathedrd there is nothing for the laity but implicit submission to his au- thority. If they venture an opinion, he tells them they have "no knowledge," they may feel or believe but he knoivs. 1 II. It is unscientific to assume that all things are discernible by the senses. No mortal has yet seen or handled that in the senses which discerns. No atomist has seen or felt an atom. No instrument has yet pierced or measured what lies in spaces that are ever and forever next beyond. III. It is unscientific to attempt to account for man and the universe within the narrow range of man's ex- ternal senses, leaving out of view that immeasurable reach and range of faculty by which he knows himself, to be other than a walking, seeing, feeling, eating brute. It was this unscientific limitation of knowledge to the vehicle of the senses that led Lucretius into the fallacy that " there is nothing which you can affirm to be at once separate from all bodies and quite distinct from, void, which would, so to say, account for the discovery of a third nature," 2 that nothing exists or can exist in the universe beside void and bodies. For the constitu- tion of a material universe, it is true that matter and space or body and void are alike essential, and so far as we know are all ; but the question is, whether the mate- rial universe is all ; and that question cannot be settled by purely physical observation upon the nature of bodies or the contents of space. That incessant striving of 1 See Tyndall's reply to Martineau in Fortnightly Review, Novem- ber, 1875. 2 " Praeterea nil est quod possis dicere ab onmi Corpore seiunctum secretumque esse ab inani, Quod quasi tertia sit numerp natura'reperta." L. i. 430-433. 18 274 LUCRETIUS OR PAUL. man's nature after something above and beyond, a striving that grows the more impatient with his mastery over nature and his accumulating stores of knowledge ; that mighty unrest in which a Prometheus, a Lucifer, a Faust are but projected types of our inner selves ; the unrest that urges man on to think the unthinkable and to know the unknowable ; that makes poetry, philoso- phy, music, so much higher and worthier representations of humanity than the recorded observation of phenom- ena, what is this but an attestation of that " third tbing " that Lucretius could not feel nor see, but that Paul had attained to when he spoke of " body, soul, and spirit," and found not only a third element in the con- stitution of man and of the universe, but also a " third heaven" in which spirit might abide? But it is not my purpose here to discuss the world- scheme of Lucretius or of Paul from a purely physical point of view. As I have said, I would bring each sys- tem before you in the words and with the weight of these great masters, and then leave you to test the materialism of the one and the theism of the other by the needs and aptitudes of your own nature. Lucretius lays it down as his first principle " that nothing is ever gotten out of nothing by divine power." 1 Hence matter, as to its es- sence, or what he terms the " first-beginnings," is eternal and imperishable. Then, as to the forms of things, these are due not to design nor intelligence, but to the conflicts and combinations of atoms through motion and eternal laws, so that everything exists as to its elements, and all things are done, as to the manner of them, " without the hand of the Gods." 2 Taking his illustration from the minute bodies seen floating in a sunbeam in a dark cham- ber, he says : " For the first-beginnings of things move 1 Nullam rem e nilo gigni divinitus umquam. L. i. 150. 8 L. i. 157 and 1020 seq. FIRST-BEGINNINGS OF LUCRETIUS. 275 first of themselves ; next those bodies which form a small aggregate and come nearest so to say to the powers of the first-beginnings are impelled and set in movement by the unseen strokes of those first bodies, and they next in turn stir up bodies which are . a little larger. Thus motion mounts up from the first-beginnings, and step by step issues forth to our senses, so that those bodies also move which we can discern in the sunlight, though it is not clearly seen by what blows they so act." l We must now keep in mind how strongly Lucretius in- sists that " from the senses first proceeded the knowledge of the true, and the senses cannot be refuted." Yet he here assumes several successive stages of motion by the impact of bodies before either body or motion becomes cognizable by the senses. That is, for the foundation of his atomic theory he reasons back from the seen to the unseen : the reasoning may be valid, but the existence of the atom is not attested by the senses. Yet nowa- days, to reason from the seen to the unseen, from phe- nomena to cause, from adaptation to intelligence, is for- sooth made an offense in the metaphysician, though Lucretius arrived at his atom by deduction, and then as- sumed the atom as the basis of his materialistic universe ! Next, having inferred the motion of invisible atoms from the perceived motion of visible particles, he makes the bold assumption of self-originated motion for the first-be- ginnings. This is sheer assertion, since his senses had shown him only motion by impact, and neither the senses nor logic could derive from this motion without " blows " to start it. Newton has said that " the properties which we attribute to the least parts of matter must be consis- tent with those of which experiments on sensible bodies have made us cognizant." Now Lucretius admits that 1 Prima moventur eniin per se prirnordia rerum, etc. B. ii. 133 seq. 276 LUCRETIUS OR PAUL. all bodies above the " first-beginnings " have the property of inertia, and require to be " set in movement," " im- pelled," " stirred up " by " strokes and blows " from without. But when he reaches his " first-beginnings " he drops inertia and impact, and substitutes self-move- ment, by a most gratuitous assumption. This is the habit of his followers. On the materialistic principle neither observation nor logic can begin the first-begin- ning, nor start the first motion. At this point material- ism begs the whole question. It gives no proof that the universe is automatic. But to proceed. From atoms and motion acting under certain conditions, Lucretius produces organic life, so that " whatever things we perceive to have sense are all com- posed of senseless first-beginnings ; " 1 and " Nature is seen to do all things spontaneously of herself, without the meddling of the Gods." 2 Nor does he stop with the material origin of organic life, but teaches that " the na- ture of the mind and soul is bodily " the directing and governing principle of life being physically " no less part of the man than hand and foot and eyes." 3 He even goes so far as to describe the bodies, seeds, or atoms out of which the mind is formed ; namely, that " these are exceedingly small, smooth, and round, and inwoven through the veins and flesh and sinews of the body ; the proofs of which are the great velocity with which the mind moves, and the fact that, at death, the " so-called departure of the soul takes away none of the weight of the body any more than a delicious aroma dispersed in the air reduces the size or weight of the body that emits it." 4 Hence he argues that in death the "cause of de- struction is one and inseparable for both body and soul ; " that the soul driven forth out of the body into the open 1 L. ii. 865. L. iii. 94-162. a L. ii. 1090. * L. iii. 177-230. FATE OF THE SOUL. 277 air, " stripped of its covering, not only cannot continue through eternity, but is unable to hold together the smallest fraction of time." " The nature of the mind is mortal ; therefore when the body has died, the soul itself has perished also " as to its individuality ; the chain of self-consciousness is snapped asunder ; and the elements of both body and soul are resolved into other material forms. " Immortal death takes away from both their mortal life." * There, is a certain grandeur and beauty in these con- ceptions, and I confess that when first I had mastered Lucretius, I felt a touch of awe at the majesty of a soul thus blindly bowing to its fate, and, Samson-like, dragging down men and gods together in its own destruction. But as I looked upon such a universe, in which destruction is the ever-recurring law, and death alone is immortal, from this background of darkness and despair, I saw rise be- fore me that marvelous vision of Wordsworth : " In my mind's eye a temple, like a cloud Slowly surmounting some invidious hill, Rose out of darkness : the bright work stood still ; And might of its own beauty have been proud, But it was fashioned, and to God was vowed By virtues that diffused, in every part, Spirit divine through forms of human art ; Faith had her arch her arch when winds blow loud, Into the consciousness of safety thrilled ; And Love her towers of dread foundation laid Under the grave of things ; Hope had her spire Star-high, and pointing still to something higher ; Trembling I gazed, but beard a voice, it said, llell-gates are powerless Phantoms when we build." 2 This vision recalls us to the scheme of the universe as set forth by Paul, whom we mate with Lucretius as the greatest master of theistic thought. His foundation prin- 1 L. iii. 632-867. 2 Miscellaneous Sonnets, xliv. 278 LUCRETIUS OR PAUL. ciple is, "Every house is builded by some man, but He that built all things is God." l " Through faith we un- derstand that the worlds were framed by the Word of God ; so that things which are seen were not made of things which do appear." 2 " For the invisible things of Him from the creation of the world are clearly seen, be- ing understood by the things that are made, even his eternal power and godhead." 8 Like Lucretius 4 seeking to deliver men from superstition, but by satisfying that feeling of devotion that is imperishable in man, Paul said to the men of Lystra, " We preach unto you, that ye should turn from these vanities unto the living God, which made heaven and earth and the sea, and all things that are therein. He left not himself without witness in that He did good ; He gave us rain from heaven, and fruitful seasons, filling our hearts with food and glad- ness." 5 . At Athens, this system of Paul came into direct collision with the Epicurean system of Lucretius. The materialists of Athens, with the air of contempt that their followers affect to-day, said, " What will this bab- bler say ? " What does he know of philosophy, of science, of the universe ? And the " babbler," standing in the place where Socrates was judged, with an eloquence that Demosthenes might have envied, addressed himself to their consciousness, to their understanding, to their moral sense, to the dignity of their nature, appealed to their reason, to their own poets, and to that irrepressible, in- satiable yearning of their souls, which, overflowing all boundaries of superstition, and all temples of human art, went forth into the unmeasured void of Lucretius to seek the Unknown. " Ye men of Athens, I perceive that, 1 Heb. iii. 4. a Heb. ii. 3. Rom. i. 20. * See note at the end of this article. 6 Acts xiv. 15-17. THEISM OF PAUL. 279 above other peoples, ye are in every way given to relig- ious reverence. For, as I passed through the city, and looked over the objects of your devotion, I found an altar with this inscription, To an Unknown God. Him, therefore, whom ye worship though ye know Him not Him do I set forth to you. God that made the world and all things therein, seeing that He is Lord of heaven and earth, dwelleth not in temples made with hands, neither is worshiped with men's hands as though He needed anything, seeing He giveth to all life and breath and all things : and every nation of men all alike of one blood He hath caused to dwell on all the face of the earth, and hath determined the times before ap- pointed and the bounds of their habitation ; that they should seek the Lord, if haply they might feel after Him and find Him, though He be not far from every on*e of us: for in Him we live and move and have our being; as certain also of your own poets have said, For we are also his offspring." 1 As no materialistic philosopher of modern times has improved upon Lucretius in his conception of the uni- verse, so no theistic thinker has got beyond that " bab- ble " of Paul at Athens ; and the question of to-day is, to which system does your nature answer and which teacher will your mind follow ? It is you then who are to make the argument ; rather, it makes itself, as we ex- hibit these two systems of the universe in the mirror of your own nature. I. The first test springs directly out of the day on which and the purpose for which, we have come together. 1 Acts xvii. 22 seq. It is to be hoped that the new English trans- lation will restore this incomparable speech to its original beauty and force of diction. Paul was an orator, a scholar, and a gentleman, and did not open his speech by insulting his audience, and stirring their prejudices, as represented in the English version. 280 LUCRETIUS OR PAUL. In the words of the Proclamation by the President of the United States, " Amid the rich and free enjoyment of all our advantages, we should not forget the source from whence they are derived, and the extent of our obliga- tions to the Father of all our mercies." And therefore, "in accordance with a practice at once wise and beauti- ful," and in sympathy with the millions of our country- men, " we devote this occasion to the humble expression of our thanks to Almighty God for the ceaseless and dis- tinguished benefits bestowed upon us as a nation, and for his mercies and protection during the closing year." But if the theory of Lucretius is true, it should shame you to be here, and should shame me still more to be speaking to you of such a theme. What then should we thank ? the myriad atoms heaving, tossing, driving, mixing, with- out consciousness, without intelligence, without feeling as to whether they shall shape a mountain or a mole, a beast or a man ? If the doctrine of Lucretius is true, this is no place and these are no acts for men of science or men of sense. We are no wiser, no better than the Africans at their fetich worship, though under another name. Thanksgiving is a superstition, and we of all people in the world should be free of superstition. And we are free of it. Our practical reasoning nature does not in- cline toward it. There is no background of superstition in our history, there are no legends, monuments, mythol- ogies, ruins, for superstition to build upon. We have broken the yoke alike of political tradition and of eccle- siastical tyranny. We are free men of free thought. If we brought with us superstitions of our own, we have worked ourselves free of them by travel and study in for- eign lands. Even that one amiable superstition that clings to the unsophisticated American, that his is just about the biggest nation on the planet, he gets ashamed of, when he sees what bigger fools other people can make THE SENTIMENT OF GRATITUDE. 281 of themselves by boasting their nation the centre of all wisdom, the source and end of all culture ! But if we are sometimes fools we are not hypocrites. No law, no form, no tradition, no regard for opinion com- pels our attendance here to-day. We are here because moved by one of the profoundest, noblest, holiest senti- ments of our nature. In giving thanks to God, we do homage to that which is best and purest within ourselves. Man is as truly made for the exercise of gratitude as for the use of his physical senses. These are no more part of him than that. Nay, to be void of gratitude is worse than to be blind, deaf, or dumb. Mankind have stamped ingratitude as more execrable than any sin or crime. ^Esop has branded it in the fable of the viper stinging him who had warmed it into life. In that tragedy that combines in itself more horrors than all dramas ever writ- ten for the stage, the " Orestes " of Euripides, though the matricide can plead in mitigation that his mother was an adul tress and had murdered his father, and that the god Apollo had commanded him to slay her, yet the con- stant refrain of the chorus as they bewail his crime and of the people as they demand his punishment is, that he did not hold back the dagger when his mother bared to hirn the breasts that had suckled him : and in the tor- ments of his madness, Orestes sees his father beseeching him not to slay her who bore him. 1 The lowest deeps of his " Inferno," that he was pow- erless with terror to describe, Dante reserved for the in- famy of ingratitude and treason. Shakespeare, holding before us the rent and bloody mantle of Csesar, gives the 1 Shakespeare has the same thought in Lear, act i. scene 4 : " Ingratitude! thou marble-hearted fiend, More hideous, when thou show'st thee in a child, Than the sea-monster! How sharper than a serpent's tooth it is To have a thankless child ! " 282 LUCRETIUS OR PAUL. final thrill of horror when he points to the wound of Brutus's dagger : " This was the, most unkindest cut of all : For when the noble Cscsar saw him stab, Ingratitude, more strong than traitor's arms, Quite vanquished him ; then burst his mighty heart! " And the greatest master of English style, South, has said, " In the charge of ingratitude omnia dixeris : it is one great blot upon all mortality : it is all in a word : it says Amen to the black roll of sins : it gives comple- tion and confirmation to them all." 1 How strong in man must be that emotional texture, the rending of which has filled the literature of all ages with sounds of terror and of woe ! And now shall the materialist tell me that I, who, when I receive anything of good feel within me this swelling, bursting heart of gratitude and praise, can find in the universe nothing worthy of myself on which to bestow it ? nothing but atoms where I can see, nothing but void where I cannot see ! Shall I con- sent to be stripped of this prerogative of love, of this ecstasy of grateful praise, and be told that in the uni- verse, amid its myriads of atoms, there is not one atom of intelligence, of love, or good, that thinks or cares for me ? What do I want from atoms like myself, grinding on under the everlasting laws till our brief turn shall come to be crushed and die ? My heart is greater than them all. My heart refuses to be satisfied with a uni- verse that makes its finest, noblest sentiments of no ac- count, because it has nothing for these to rest upon, aye that would put the heart itself into a crucible, and reduce its divinest feelings to fantasies, that would make its love a folly and its gratitude a superstition ! Lucretius may puzzle my brain ; but when I cease to be an automaton and feel myself a man, my heart rebounds 1 Vol. i. Sermon 10. NATURE OF MAN. 283 at the voice of Paul, and I turn from these materialistic vanities " to the living God, which made heaven and earth and the sea, and all things that are therein, and fills our hearts with food and gladness." My whole nature rests in, and is satisfied with, the thought that " in Him we live and move and have our being ; for we are his offspring." Shall I be told that an appeal from human feelings can have no weight against the testimony of physical facts ? I answer, first, that I do not array feelings against facts, but human nature against the narrow and exclusive inference that materialists would make from physical nature. And next, that I am dealing here not with modern materialists of one idea, and that idea an atom, but with the great master of materialism, whose brain was large enough to take in Mankind as well as Nature. Lucretius contemplated the nature of things as related to the conditions of man, and sought to relieve mankind of troubled feelings and fancies by teaching that they and all things are but a congeries of atoms. Hence it is a legitimate criticism upon his system that it fails completely of the end to which he sought to apply it. The materialist teaches that man himself is but a material product of means and agencies purely physical, and that at death he shall be resolved into primitive atoms. He is not at liberty, therefore, to set aside the feelings of man as having no relation to a physical sys- tem, and of no account as matter of knowledge. He is bound to account for the existence of such feelings, and to find some correlation of the universe to man as he is, and knows himself to be. It is a consistent, logical, and also a scientific objection to the materialistic scheme of the universe that it fails utterly to account for or respond to that which is noblest and best in man his esthetic and ethical nature, his spiritual longings and hopes. Far 284 LUCRETIUS OR PAUL. be it from me to imply that materialists themselves are wanting in these finer sentiments of our nature. Men are often better than their systems, and a man's feeling may show him better than his opinion or belief. Even while one is employing his intellect to prove that he is of the earth earthy, his moral nature may proclaim his divine origin and his immortal destiny. 1 My argument has to do not with men but with systems ; and I put it to you personally, whether you would consent to stifle your emotions of gratitude for any scientific dogma of materialism, or whether that can be to you a scientific and sufficient explication of the universe, which, by re- ducing it to mere matter and motion, leaves no place nor object for the exercise of a part of your nature so tender, so noble, so true, and so good ? Something in my heart responds to the opening sentence of the proclamation under which we meet to-day, that this custom of public thanksgiving to Almighty God is " as wise as it is beau- tiful." What my aesthetic nature calls for, a universe fit for me to live in, must respond to, through a spirit of intelligence, beauty, and love. 1 Professor Ernst Haeckel, of Jena, in the first chapter of his His- tory of Creation, makes a proper distinction between scientific mate- rialism and moral or ethical materialism, and justly protests against the imputation of the belief and practice of the latter to those who advocate the former, which he prefers to call Monism. Professor Tyndall and Mr. Proctor likewise take pains to defend themselves against the charge of moral delinquency in their scientific teachings. It is a shame to the advocates of religion that there should be any occasion for such a protest on the part of men of science. All per- sonal imputation should be ruled out of a discussion which is of equal import to science and religion. At the same time it would re- lieve the books and lectures of Tyndall and Proctor of a tiresome element, if these gentlemen could be made to understand that their personal faith or feeling upon subjects of which no one should sus- pect them of "knowledge," is of very little consequence to the gen- eral public. THE SENTIMENT OF PATRIOTISM. 285 II. The second test to which I would subject the sys- tems of Lucretius and Paul is the sentiment of patriot- ism. This also grows directly out of the occasion that has brought us together. This is the American Thanks- giving Day ; and our gratitude grows more tender and sacred as we think to-day of that nation of which we are thankful, and in foreign lands oh so thankful to be members ! For nothing am I more proud of my country than that she knows what she has to be thankful for; and from President to peasant dares to be thankful before a mate- rialistic and gainsaying age. In America we respect the tenacity with which the German, though naturalized, clings to memories of his Fatherland ; and the devotion with which the Frenchman, refusing to be naturalized, dreams of making his Paradise in la belle France. Even John Chinaman commands a tear of sympathy that he thinks the soil from which he digs his gold not good enough to lay his bones in, but provides that these shall be carried back to the Celestial Kingdom. " Breathes there the man with soul so dead Who never to himself hath said, This is my own, my native land 1 " But why a soul that itself consists of nothing but atoms, even though " these are exceedingly round and minute," 1 should have such a transcendent passion for coarser bodily atoms round about it, the atoms that com- pose my understanding are not " nimble " 2 enough to discern. Why do we foster with such reverent care the art, the literature, the monuments of a nation, identify ourselves with its past, and transmit this with ourselves to posterity ? Whence the sentiment of national honor, 1 Lucretius, 1. iii. 179. 2 Lucretius, 1. iii. 186. See, also, Shakespeare, "nimble spirits," Love's Labor 's Lost, iv. 3. 286 LUCRETIUS OR PAUL. pride, humiliation, hope all that goes to make the moral personality of a nation, if we are but atoms brought together by no intelligence, if at death these atoms of our minds, like those of our bodies, are to be used to manure the growth of plants and feed the life of animals ? What place is there, then, for the patriotic and historic sentiment in a nation ? It was with full knowledge of nature and science that Du Bois Raymond declared it absolutely and forever inconceivable that a number of carbon, hydrogen, nitrogen, and oxygen atoms should be otherwise than indifferent as to their own posi- tion and motion, past, present, or future. It is utterly inconceivable how consciousness should result from their joint action. 1 And it is still more inconceivable how from any number of atomic structures, originated by matter, consisting only of matter, exercising purely ma- terial functions, and then returning to matter, there should arise that continuity of existence which is the national life, that historic consciousness which is the national soul. 2 If we are not the product of intelli- gence, is there aught of intelligence in that which we produce ? is there any more of spirit in the printed word than in the type that print it? anymore of skill in the art of painter and sculptor than in the fortuitous forma- tions of nature? Who or what shall determine this, if mind and soul are bodily ? And what is there worth preserving or transmitting where body, soul, and spirit, nations, lands, and seas are all alike parts in the endless flux and reflux of atoms? But on the spiritual system of the universe I can un- derstand how minds can work together for the future, how patriot spirits can labor for posterity, how the thinkers of one generation can cherish the thoughts of 1 Address at Leipzig, 1872. a See, also, Das Leben der Seele, von Professor Dr. M. Lazarus. THE SENTIMENT OF PHILANTHROPY. 287 the past, and add to their heritage for after ages, and do this with the feeling that there is a plan and purpose over nations ; yes, with Paul's doctrine of men and things, I can even rise to his unrivaled utterance of self- sacrificing patriotism, " I could wish that myself were accursed from Christ for my brethren, my kinsmen ac- cording to the flesh : Who are Israelites, to whom per- taineth the adoption, and the glory, and the covenants, and the giving of the law, and the service of God, and the promises : Whose are the fathers, and of whom, as concerning the flesh, Christ came, who is over all, God blessed forever." J Yet patriotism is not the highest of the moral virtues ; and a domineering antagonism, or a blind Chauvinisme too often abuse its name. III. But in harmony with true patriotism, and, in- deed, emerging out of it, is the spirit of philanthropy, regard for mankind as having a community of rights and interests, and also in hopes and destiny. Nowhere in modern literature is this spirit more beautifully pre- sented than by Goethe, in answer to the charge of lack of patriotism during the national movement of 1813- 1814. In a conversation with Soret, in 1830, Goethe said, " National hatred is quite a peculiar thing. You will always find that it is strongest and fiercest in the lowest stages of culture. But there is also a stage where it entirely disappears, where one stands to some extent above the nations, and sympathizes with the weal or woe of a neighbor people as with that of one's own. This latter stage of culture suited my nature, and I had con- firmed myself in it long before reaching my sixtieth year." To this test of philanthropy I would now submit the systems of Lucretius and Paul. Their relations to this higher culture I can sum up in very few words. Lucre- tius laughed at the superstitions and miseries of man- 1 Rom. ix. 1-5. 288 LUCRETIUS OR PAUL. kind ; Paul pitied them. Lucretius wrapped himself aloof from the world in pride ; Paul took the whole world to his heart in prayer. The contrast was not merely personal; it lay in the systems, and is radical and irreconcilable. Just what the philosophy of' Lucre- tius on " the nature of things " caused him to think of his fellows, just how it made him feel toward them, him- self has told us in the opening of his second book. " It is sweet, when on the great sea the winds trouble its Waters, to behold from land another's deep distress ; not that it is a pleasure and delight that any should be afflicted, but because it is sweet to see from what evils you are yourself exempt. It is sweet, also, to look upon the mighty struggles of war arrayed along the plains without sharing yourself in the danger. But nothing is more welcome than to hold the lofty and serene positions well fortified by the learning of the wise, from which you may look down upon others, and see them wander- ing all abroad and going astray in their search for the path of life, see the contest among them of intellect, the rivalry of birth, the striving night and day with surpass- ing effort to struggle up to the summit of power and be masters of the world. O miserable minds of men ! O blinded breasts ! in what darkness of life, and in how great dangers is passed this term of life whatever its du- ration ! not choose to see that Nature craves for herself no more than this, that pain hold aloof from the body, and she in mind enjoy a feeling of pleasure exempt from care and fear." 1 To recover ourselves from the shudder that this cold scorn of humanity gives us, we must turn to Paul, a man by nature as proud and fiery as Lucretius, and nursed beyond exception in pride of race and religion, fed by the flattery of teachers and rulers. Yet this " Hebrew 1 L. ii. 1-20. THE DOCTRINES OF PAUL. of the Hebrews," this " Pharisee of the Pharisees," this free-born Roman, this petted pupil of Gamaliel, this haughty commissioner of the Sanhedrim, this thinker and orator, who, in the consciousness of his powers and his cause, could refute judges, dispute with philosophers, ad- monish kings, wrote to a little band of converted pagans living in contempt at the capital, " I long to see you, that I may impart unto you some spiritual gift ; I am debtor both to the Greeks and to the barbarians, both to the wise and to the unwise." 1 Ah ! my friends, noth- ing makes man so great and noble as the thought that he is a child of God, and that all men share this parent- age. It is the nature of an atom to agglomerate ; it is the nature of God to give. Some men have a talent for the infinitely little, and it is well for the world there are such minute investigators, and well for themselves, when one knows how to connect the little with the great. But it is bad for the vision to be always looking through the microscope. There are men who spend their lives in rolling atoms together as the beetle rolls its ball, till they fancy that this ball they have rolled up is the universe, and look down with swelling pride upon the ants that it crushes as it rolls. Development through the struggle for existence by the law of the strongest tends to exclusiveness and selfish pride ; but the posses- sion of gifts bestowed from some higher source of life and power inclines to a generous impartation to others : "Freely ye have received, freely also give." 2 By so much as Paul had received of the wisdom and knowl- edge of God, by so much did he feel himself a debtor alike to the Greek who despised his race, and the barba- rian whom his race .despised. How patient he was of human errors and infirmities, how sympathetic with hu- man sorrows, " showing all meekness unto all men," that 1 Rom. i. 14. 2 Matt. x. 8. 19 290 LUCRETIUS OR PAUL. he might win them to the truth ; renouncing the honors and ambitions of his youth, working with his own hands, accepting bonds and stripes and imprisonment, that he might deliver men from the superstitions and errors that Lucretius made a mock of, and willing to brave ship- wreck, that he might rescue the struggling mariners that Lucretius laughed at from his complacent footing on the shore. " We were gentle among you," Paul writes to the Thessalonians, " even as a nurse cherisheth her chil- dren ; so being affectionately desirous of you, we were willing to have imparted unto you, not the gospel of God only, but also our own souls, because ye were dear unto us." 1 It has been finely said that Christianity first wakened " an enthusiasm for humanity ; " and un- der the Roman Empire, in days of slavery and caste on the one hand, and conquest and colonization on the other, Paul gave the precepts, " Honor all men ; " " Owe no man anything, but to love one another." 2 The key to this all-embracing philanthropy was given in his speech at Athens : first the feeling of patriotism in the fact that God has assigned to each nation the bounds of its habitation, and furnished it with gifts and opportuni- ties of its own ; and next the feeling of philanthropy in the fact that all these nations thus divinely parceled out are of one origin, children of one Father, their hearts beating with one blood. The highest motive for the love of man is given in the thought that this universe is our Father's house, and we are his offspring. IV. To advance a step higher, let us test these two systems of the universe, in their adaptation to collec- tive humanity, for its recovery or relief from the sorest evils with which it has always been oppressed. Though Lucretius mocked at human failures and miseries, in another mood he sought to mitigate them. The latter 1 TLess. ii. 7, 8. 2 Rom. xiii. 8. THE RELIEF OF IIUMAN ILLS. 201 part of his third book, from v. 870, is devoted to this end. It is almost impossible to condense his argument, or give it fairly in modern forms of speech ; but if you will read it attentively, I think you will agree with me that he here falls quite below himself in the beggarly motives that he presents for a noble and happy life. The sum and substance of it all is, that the troubles and sorrows of men either grow out of their superstitions or are aggravated by these ; that the remedy is to learn the nature of things, and adjust ourselves to the fact that things always were, and always shall be, as they are that living and dying went on for ages before our birth, and shall go on unendingly after our death, when we shall sink into the sleep that knows no waking. He can furnish us nothing higher nor stronger than this, where- with to cope with " the ills that flesh is heir to." This poverty of motive lies in his system. Materialism has invented names and terms enough to fill a lexicon of its own, but among these all you find no such words as re- covery, restoration, redemption, applied to the world and its needs. But how can any system cover humanity, or even touch upon it, that fails of this ? I press this point the more earnestly, as fatal to the materialistic scheme of the universe. Tyndall tries to meet it, or rather to evade it, by constantly asserting that all such questions belong to the feelings, and are therefore outside the do- main of knowledge and of science ; that the difficulties they raise against the conclusions of " pure intellect " are due to the fact that " reason is traversed by the emo- tions." If this were so, by what right does he assign to " pure intellect " this exclusive preeminence over the emotions as a part of the constitution of man to be sat- isfied in the constitution of nature ? He admits that materialism cannot pretend " to be a complete philosophy of the human mind," and that " what is really wanted is 292 LUCRETIUS OR PAUL. the lifting power of an ideal element in human life." But shall this " ideal " power be a chimera of the feel- ings, a fantasy of the imagination, with no base of fact or knowledge ? In what respect, then, would it be better than a superstition, which does not " lift up " but de- grade? Haeckel tells us that "scientific materialism positively rejects every belief in the miraculous, and every conception, in whatever form it appears, of super- natural processes. Nowhere in the whole domain of human knowledge does it recognize real metaphysics, but throughout only physics." l And Tyndall says of the power manifested in the universe, " I dare not, save poetically, use the pronoun He regarding it ; I dare not call it a mind ; I refuse to call it even a cause." 2 Thus materialists claim a monopoly of the visible universe, and deny to men the conception of any other. But here is man in the universe, and of it, with most potent agencies of being, with most insatiable desires and needs, to which a materialistic universe utterly fails to respond. That cannot be a scientific account of the universe that is dumb to what is most vital and urgent in the chief known factor of the system man. Science has not solved that problem of moral evil that pervades the whole structure of society, and seems to be woven into the very texture of human life. Helpful as science has been, and promises yet to be, in the mitiga- tion of outward forms of evil, and the possible avoidance of some evils in the future, it has not so much as furnished the elements for resolving that evil which the history, the legislation, and the conscience of mankind unite in stamping as moral, and therefore personal and responsible. Science multiplies its inventions, and the genius of destruction seizes upon these to make war more 1 History of Creation, chap. 1. a Fortnightly Review, Nov. 1, 1875. SCIENCE DOES NOT REMOVE MORAL EVIL. 293 sweeping, certain and terrible in its woes. Science pur- sues its analysis of nature to the molecules in which she had hidden her subtlest powers, and crime takes ad- vantage of these to invent new means of fraud and murder, and to elude detection. Year by year, scientific associations, congresses for education, social science, law reform, meet for the advancement of mankind in knowl- edge and happiness I rejoice in such gatherings, and meet with them ; year by year they bring forth some- thing for the advantage of society in health, in morals, and in peace ; but their processes are all too slow and too superficial for the healing of the world, that still sins and suffers, and suffers and sins, through the groaning ages. Development has not yet eradicated this root of evil ; natural selection has not yet secured the survival of the fittest in that moral sphere upon which human welfare depends ; social science has not lifted human nature to the point where it no more tends to go astray. Side by side with Bristol associations and Brighton congresses are Whitechapel murders and drunken brutes beating their wives ; so that every upward step in civil- ization seems contrasted by a lower deep of barbarism. The world cries out for redemption ; its soul complains, " I know there are evils without me, which the eternal Strife of atoms has not worn away, and the grinding of the everlasting laws has not reduced to powder, but I find a deeper evil within, for which nature yields no remedy and no recompense." The heart in moments of agony cries out for relief ; but atoms piled mountain high only echo back its wail, and the laws that bind the universe together are walls of adamant to such a cry. In some hour of darkness, of fear, of despair, I lift up my voice, " Hear, O heavens, give ear O earth ! " but the heavens are brass over my head, the earth is iron unde- my feet ; but I now lift my voice to the Father in 294 LUCRETIUS OR PAUL. Heaven, and the iron dissolves ; I am on the footstool of prayer ; the gates of brass burst asunder, and heaven and earth commingle in the light and air of love. All laws now bend before the supreme majesty of that law of love, which is God. I find myself in the higher universe of moral laws, and here, for fall is recovery, for sin ia redemption, for death is life. And this system of the universe I feel to be true ; my needs confess it, my heart accepts it, my soul rejoices in it, and emancipated from the nature of things, I rise to the author of things, and join the triumphant doxology of Paul, "of Him, and to Him, and through Him are all things, to whom be glory forever." V. We come now to the final test of these systems in their application to that feeling of hope which is native and imperishable in man, and to that cheerful and beneficent working that should realize the hopes of hu- manity. It may fitly characterize the system of Lu- cretius to say, there is no hope in it ; and it was a fitting commentary on such a system that he who framed it, seeing nothing to live for and nothing to hope for, should end his life by his own hand. Not that I would charge the suicide of Lucretius as a crime upon his system or himself. So far from being put under the ban of priestly superstition, or the more mercenary ban of life insurance companies, the suicide should be looked upon with a tender, even sacred pity, as the victim of meutal or moral disease. Yet when Lucretius was so tempted, we find in his system nothing of the hope that could have restrained the hand which had written, " After death there will re- main no self," that is, no conscious personality, and "no one wakes up upon whom the chill cessation of life has once come." l Thus we see this proud master of 1 " Nee quisqunm expergitus exstat, Frigida quern semel est vital pausa secuta." L. iii. 927. THE SENTIMENT OF HOPE. 295 the material universe succumbing to the fate that befalls his atoms. In that same capital where in the height of his fame Lucretius threw away his life, we see the aged Paul a pris- oner in chains ; of earthly toils, trials, conflicts, griefs, the labor and the weariness of life, he has had as much as any man could experience or bear ; he knows that the end is near ; in the feeble light of his dungeon, his hand chained to the guard ; without, the sentry and the axe of the executioner, he writes these last words to his beloved Timothy : " I am now ready to be offered, and the time of my departure is at hand ; I have fought a good fight, I have finished my course, I have kept the faith ; hence- forth there is laid up for me a crown of righteousness, which the Lord the righteous judge shall give me at that day, and (O great, loving, magnanimous heart of Paul !) not to me only, but unto all them also that love his ap- pearing. The Lord shall deliver me from every evil work, and will preserve me unto his heavenly kingdom ; to whom be glory forever and ever." * Who would not trample worlds of atoms under his feet to live in a uni- verse of such hopes, such issues, such glorious rewards ? Let the man that is within you answer which is the fit- ting universe for you. To all that Lucretius has said of "the nature of things," I oppose the nature of Man. That most self-sacrificing of patriots, gentlest of spirits, purest of men, Joseph Mazzini, once said to me, "These materialistic questions belong to the kitchen of humanity ; it is the soul of humanity that I care for." All that is true in Darwin, Paul not only knew theoretically, but felt within himself. He knew how much of the animal he had inherited from his progenitors that low ma- terialistic untamed " law in his members" working ever toward sin and death but he opposed to this " the law 1 2 Tim. iv. 6-9. 296 LUCRETIUS OR PAUL. of the spirit of life;" and in the struggle to be a man secured the survival of the fittest, in the triumph of spirit over matter. And from this personal experience, this in ward knowledge of spiritual power, he held up the torch of hope for humanity : " We are saved by hope. The whole creation groaneth and travaileth in pain together waiting for the manifestation of the sons of God," when even the material creation " shall be delivered from the bondage of corruption into the glorious liberty of the children of God." * How grand the vista here opened of the future of humanity, and not of man alone, but of all nature, organic and inorganic, through the restitution and perfection of humanity. These notes of hope and triumph go sounding and echoing through the ages, like the Fifth Symphony of Beethoven, that cannot loose its hold upon the theme, but recovers it again and again, and rising from gentlest cadences gathers in volume and majesty, till it might rouse atoms to life and wake the dead ; so comprehensive, so inexhaustible is the thought of Paul concerning man and the order of things with which he is related. 2 But the scheme of Lucretius admits of no expansion. It is shut down within its own horizon : rather it is shut up within a cavern of endless gloom, where those who enter must bid farewell to hope. The scheme of Paul has made peoples wiser and better in the degree that they have accepted it ; it wants but to be accepted in its completeness, to fill the world with light and peace and joy. It carries in itself the future of all poetry and prophecy, and they who teach it are mes- sengers of gladness and joy. But how can the followers 1 Rom. via. 19-25. 2 Tyndall seeme puzzled at " the wonderful plasticity of the the- i.tie idea, which enables it to maintain, through many changes, its hold upon superior minds." Has he never, then, read that " in Him was life, and the life was the Uyht of men V " THE SURVIVAL OF THE FITTEST. 297 of Lucretius exult in such a system ? Does the physician put on airs of mirth and exultation when he tells his patient there is no hope ? Yet this message of despair is what the priests of materialism bring from the arcana of nature. One would think they would go forth in sack- cloth and ashes, with inverted torches, to the grave of all things. Against a nature of such origin and end, 1 pit my own manhood, and do not fear the issue. Would I cherish the tender, graceful sentiment of gratitude? then must I follow Paul, and not Lucretius. Would I yield to the noble impulses of patriotism ? then must I follow Paul, and not Lucretius. Would I rise to the magnani- mous heights of philanthropy ? then must I follow Paul, and not Lucretius. Would I help mankind in their sor- rows, deliver them from their superstitions, raise them from their sins? then must I follow Paul, and not Lucre- tius. Would I lift myself and my race to immortal hopes ? then must I drop Lucretius, and follow Paul to the life everlasting. That life is mine, by every title of nature and of spirit. If I am the product of Nature's upward striving, I have a right to demand that nature shall stand by her work, and not burlesque her own laws. If her law be " the survival of the fittest," then I, as the fittest, must and will survive. Nature herself cannot reduce me to ob- livion, and give immortality to atoms. With this con- scious spiritual life I defy her power. Whatever its ori- gin, whether struck out as a spark from flint}' atoms, or stolen from heaven, it is mine ; and not rock, chains, nor vulture, not billows, tempest, nor thunderbolt of Jove, not all the powers of nature, death, and hell shall compel me to part with it. Nature may have the atoms that encompass me, but cannot have ME. 1 And if 1 "You cannot satisfy the human understanding in its demand for logical continuity between molecular processes and the phenom- 298 LUCRETIUS OR PAUL. in this visible material universe there is no place where this quickening, yearning, mounting, joying spirit of mine can find its sphere, there is that within me that will find or force its way out of such a universe to one where the fittest do survive. But the way to that sphere of spiritual and immortal powers is already open ; though tracked with tears and blood, made sure and bright for us by the man our brother, who, passing through the gates of death, has gone before Him " who was dead, but is alive forever more, and has the keys of hell and death." 1 " Thanks be unto God, who giveth us the vic- tory, through our Lord Jesus Christ." 2 ena of consciousness. This is a rock on which materialism must in- evitably split whenever it pretends to be a complete philosophy of the human mind." Tyndall, Fortniyhtly Reriew, November, 1875. 1 Rev. i. 18. 2 1 Cor. xv. 57. NOTE TO PAGE 278. It is the fashion with materialists to ridicule this mode of argu- ment as having no basis of " knowledge." They mislead themselves by assuming (1) that knowledge can only be objective. But when I know a tiling as an object, in the same instant I know the fact that 1 know this thing. The knowing the thing requires simultaneously these two other knowledges the knowledge of Me and of My knowing. If any one denies this, I can only apply to him the words of Lucretius (1. iv. 4C8) : " If a man believe that nothing is known, he knows not whether this even can be known, since he admits lie knows nothing. I will therefore decline to argue the case with him who places himself with head where his feet should be." Materialists mislead themselves, also, by assuming that a convic- tion based upon sensible phenomena is necessarily and always more certain as a ground of action than a fact of consciousness or a con- clusion or belief that rests upon moral evidence or metaphysical rea- soning. Mankind act upon these latter in ten cases to one of objec- tive knowledge. Professor Tyndall insists upon limiting knowledge and certainty to facts perceived by the senses (Fortnightly Review^ November, 1875); and says: " The Power which I see manifested in the universe I dare not, save poetically, use the pronoun lie regard- NOTE ON TYNDALL. 299 ing it; I dare not call it a mind; I refuse to call it even a cause." Now, I have never seen Mr. Tyndall, but should he appear before my eyes at this moment, could I be made a whit more certain of his existence than I already am through his writings ? Moreover, with no disrespect to Mr. Tyndall or his atomic theory, the power which I see manifested in these writings I dare not call a mind ; and, by precisely the same method, the power that I see manifested in Tyn- dall himself I even dare call an intelligent cause. Since Professor Tyndall cries out for " knowledge," I beg to di- rect his attention to some knowable things of which one marvels to find him so oblivious. In his Belfast address he tells us that "the merchant had rendered the philosopher possible. ... In those re- gions where the commercial aristocracy of ancient Greece mingled with its eastern neighbors, the sciences were born." Can it be pos- sible that Professor Tyndall does not know what had been accom- plished on the Nile, in mathematics, mechanics, astronomy, applied chemistry, ages before Greece was born, and how the Greek philos- ophers owned their indebtedness to Egypt? Again in the Fort- nightly Review, November, 1875, he speaks of the Mosaic cosmog- ony as finally abandoned. False interpretations of that cosmogony, due to ignorance of Hebrew and to the realistic philosophy, have in- deed been abandoned. But can it be possible Professor Tyndall does not know that ages before geology was dreamed of, Augustine, as a Hebrew 'scholar had said, " These are the ineffable days (dies ineffabiles) of the infinite Jehovah." He also terms them natune, natures, and morce, pauses or delays (De Genesi ad Lileram, 1. ii. c. 14). Surely Mr. Tyndall should know things within the reach of every scholar, and not trust to the guidance of such an authority as Pro- fessor Draper. In teaching others, he should first find out what they already know ; otherwise the originality of his Fog Signals may be disputed-. XIII. FINAL CAUSE ; A CRITIQUE OF THE FAILURE OF PALEY AND THE FALLACY OF HUME. (Read before the Victoria Institute, London, in 1879.) IN his " History of English Thought in the Eighteenth Century," Mr. Leslie Stephen pays an earnest and im- partial tribute to the two writers of that period, who were the foremost disputants upon the doctrine of a final cause in nature as proving the existence of God, David Hume and William Paley. Of Hume he says : " We have in his pages the ultimate expression of the acutest skepticism of the eighteenth century, the one articulate statement of a philosophical judgment upon the central questions at issue." 1 And again: "Hume's skepticism completes the critical movement of Locke. It marks one of the great turning-points in the history of thought. From his writings we may date the definite abandonment of the philosophical conceptions of the pre- ceding century, leading, in some cases, to an abandon- ment of the great questions as insoluble ; and, in others, to an attempt to solve them by a new method. Hume did not destroy ontology or theology, but he destroyed the old ontology ; and all later thinkers, who have not been content with the mere dead bones of extinct philosophy, have built up their systems upon entirely new lines." 2 Of Paley Mr. Stephen says : " The natural theology 1 Chap. vi. sec. 3. 2 Chap. iii. sec. 43. LESLIE STEPHEN ON PALEY AND HUME. 801 lays the basis of his whole system. The book, whatever its philosophical shortcomings, is a marvel of skillful statement. It states, with admirable clearness and in a most attractive form, the argument which has the greatest popular force, and which, duly etherealized, still passes muster with metaphysicians. Considered as the work of a man who had to cram himself for the purpose, it would be difficult to praise its literary merits too highly. The only fault in the book, considered as an instrument of persuasion, is that it is too conclusive. If there were no hidden flaw in the reasoning, it would be impossible to understand, not only how any should resist, but how any one should ever have overlooked, the demonstration." 1 In the history of polemics there is hardly another in- stance of such collapse of popularity as has befallen the book, the style and method of which Mr. Stephen has here so justly praised. The argument of Paley was re- garded by theologians of his time as invincible ; and his illustrations from nature were so attractive to youth that his " Natural Theology " was adopted as a text-book in colleges. Upon the basis of his famous axiom was built up the series of " Bridgewater Treatises," in which anatomy and physiology, astronomy, geology, and various branches of physics were brought to illustrate and es- tablish the evidence of design in nature. So keen a logician as Archbishop Whately used his acumen to adapt Paley's reasoning to the later discoveries and de- velopments of science ; and so careful a physicist as Dr. Whewell led his " Induction of the Physical Sciences " up to the same conclusion. Yet to the present genera- tion, within less than eighty years from its first appear- ance, Paley's " Natural Theology " is already antiquated as to its once brilliant and conclusive demonstrations, and as an authority is well-nigh obsolete. 2 Chap. viii. iv. 38. 302 FINAL CAUSE. Quite otherwise has been the fate of Hume. Mr. Stephen reminds us that " his first book fell dead-born from the press ; few of his successors had a much better fate. The uneducated masses were, of course, beyond his reach ; amongst the educated minority he had but few readers ; and amongst the few readers still fewer who could appreciate his thoughts." 1 Add to this that Hume, though deeming himself a match for the philo- sophers and theologians of his time, had a secret dread of that religious pugnacity in the common people of Scot- land, which is so quickly roused against an assailant of popular beliefs, and therefore kept back, to be published after his death, his " Dialogues on Natural Religion," the book most fitted to provoke that acrimonious criti- cism which insures literary success. Now, however, with- in a century of its first appearance, we find this masterly product of Hume's dialectics still acknowledged as the standard treatise of philosophical skepticism. Scotch philosophers since his day have labored to reform philos- ophy in the light of Hume's criticism ; Kant attempted to refute his skepticism ; John Stuart Mill virtually built upon Hume ; and he has lately been revived in Germany, with the honor of translation and the prestige of au- thority. His fame grows with time. This is due partly to the beauty of Hume's style, and the clearness and depth of his reasoning ; due also to the decline of the- ological asperity, and the growth of a tolerant spirit among various schools of thought ; and due not a little to the tone of audacity, or what he himself styled " a certain boldness of temper," with which Hume assailed convictions which had come to be accepted as axioms both in philosophy and in religion. And I am of opinion also that no small part of the favor which has accrued to Hume is due to the metaphysical fallacies which 1 Chap. i. 1. TWO OBJECTIONS TO PALEY. 303 have sprung up side by side with the scientific facts which have discredited Paley. The whole history of sci- ence discloses a disposition to metaphysical speculation awakened by each new discovery in physical nature. With every fresh deposit of facts upon the borders of science comes a fresh brood of fallacies upon the adjacent borders of hypothesis ; and the progenitors of these have a natural afiinity for the greatest of skeptics, who was notably the dupe of his own fallacies. This phenomenon of the simultaneous generation of fact and fallacy is it- self worthy of scientific investigation. But it is enough to note it here as showing that the failure of Paley's demonstration of God in nature should not drive us over to Hume's contradiction, which is demonstrably a fallacy. Paley's statement of the doctrine of an end in nature was from the first open to these two objections. (1.) Instead of formulating a proposition to be proved, or pointing to the sources from which the conviction of its truth arises in the mind, Paley tacitly assumed the thing in question, and wrapped this assumption in a self-repeating phrase which he sought to strengthen by multifarious illustrations. (2.) Assuming that design or contrivance exists in the whole field of nature, Paley was betrayed into the use of illustrations, sometimes far-fetched, sometimes super- ficial or lacking confirmation, which wear the appearance of making out a case. " There cannot be design without a designer, contriv- ance, without a contriver," was the axiom upon which Paley built up his treatise. He does not seem to have been aware at least, he takes no notice of the fact that Hume had assailed this axiom, and the very illustra- tion of the watch by which Paley so triumphantly asserts it, at the one point at which it might be vulnerable, and if vulnerable, then worthless to Paley's end, namely, that 304 FINAL CAUSE. the axiom rests solely upon experience, and holds only within the range of possible human action and observa- tion. Though Hume's assertion is a fallacy, yet he had put it so plausibly that Paley could not afford to pass it by ; and by leaving his fundamental premise open to doubt and contradiction, Paley failed to establish the ex- istence of a Supreme Being from traces of design in na- ture, however curious and multiplied. Indeed, he him- self fell into the common fallacy of begging the question in the very statement of it. That design implies a designer is as obvious as that thought implies a thinker ; but the materialist denies personality to the thinking substance ; and to apply the term design to every hint of adaptation in nature, in the sense of an intelligence shaping matter to an end, is to assume the existence of God in the very form of prov- ing it. It was also an error of Paley that he sought to make out the goodness of the end, as part of the evidence of a supreme contriver ; or at least to show the preponderance of good over evil in apparent ends. In this endeavor he was sometimes so unfortunate as to throw the weight of his illustration into the opposite scale. Thus, in assert- ing that " teeth were made to eat, not to ache," he failed to dispose of the fact that they do ache, as an ob- jection to any ruling design in their structure and com- position. Their aching is not always due to some viola- tion of nature, since wild beasts in our zoological gar- dens sometime require dental surgery. It will not quiet the jumping tooth-ache, nor ease a neuralgic nerve, to as- sure the sufferer that teeth and nerves were not made for the purpose of giving pain. Indeed, it is quite a popular fancy that nerves are demons of evil. The whence and the wherefore of evil must be taken into view in forming an estimate of the end for which a thing was made, of unity PALEY'S VIEWS RE-STATED. 305 and wisdom in its design, or of any purpose whatever in its existence. But the question of a final cause in things is not to be set aside by some single characteristic or quality of a thing which seems to mark it as useless or even injurious. That every event argues a cause is an intuitive, not an experimental, conviction of the human mind. Whether the cause is intelligent and purposing, or is only a mate- rial or an accidental antecedent, is to be determined by observation and analysis of the thing itself in its place and its relations. Moral qualities or purposes, suggested by certain properties of a thing as inhering in the cause, if cause there be, do not necessarily enter into the proof of the existence of an intelligent cause, which might be either good or evil. Stripping Paley's state- ment of its verbal assumptions, and setting aside such of his illustrations as are crude or antiquated, his funda- mental argument for the Creator as evinced by the traces of design in nature is not only tenable in face of the more recent discoveries of science, but is illustrated and con. firmed by a far richer array of natural phenomena than Paley had ever imagined. We may improve, however } upon his statement of the doctrine of final causes as follows: The perceived collocation or combination of phenomena or forces in nature toward a given result, produces in the mind the immediate conviction of an intelligent purpose behind such phenomena and forces. This statement, while it retains the essence of Paley's axiom, avoids his logical vice of including in the defini- tion the very term to be defined. A fixed series of events may be mechanical ; but the combination of sev- eral independent series of phenomena toward a distinct- ive result must be referred to Thought purposing that event. Nature with all her forces and material has never produced a single thing that answers to the idea of an 20 306 FINAL CAUSE. invention. This is always the product of human intelli- gence applied to the powers and substances of nature. The contrivance seen in a machine instantly refers us to .the mind as its cause. Thus, electricity is a power every- where present in nature ; yet electricity has never pro- duced an electrical machine, an electric telegraph or tel- ephone, or an electric light. But though nature cannot turn her own powers into a practical machine, and the least hint of an adaptation of these powers to the pur- poses of man suggests the intervention of the human in- tellect, yet the natural powers which man subordinates to his intelligent uses remain greater and more wonder- ful than the inventions to which they are applied. Are then the powers and substances of nature which stand, as it were, waiting for the touch of the inventor's genius to make them 'available wherever mind shall lead the way, themselves mere things of chance or products of material law with no intent in their existence ? When made available do they proclaim intelligence, and yet is the marvelous property of availability only a meaningless phenomenon of matter? Hitherto the phraseology of the doctrine of design, and the illustrations of the doc- trine, have had a certain coarseness of fibre, suggesting a mechanical universe turned out by what Cowper styles " the great Artificer of all that moves," and needing the constant oversight of the Maker to keep it in working order. The sublime personifications of the creation in the Bible have been literalized by our matter-of-fact phi- losophy, as though the differential calculus could measure the astronomy of Job or of the 19th Psalm. But sci- ence, by bringing us into nearer contact with what Tyn- dall has called the " subsensible world," has at once en- larged the sphere of our vision, and heightened its powers. Teleology addresses itself to some finer sense within. It widens its circle without changing its centre. BAEREXBACII AND ZELLER. :','i7 The mechanism of the universe drops away, and we find or feel the Thought of the Infinite Mind projecting itself in the actual through finite forms, and combining and comprehending the whole in an ever-unfolding purpose. Hence, we may say, with Von Baerenbach, " Darwin has not rendered teleology impossible under any and every form, but has conducted philosophical science to- another and the true conception of design." l True, Von Bae- renbach would find the solution of the universe in Mo- nism ; but his testimony, from a scientific point of view, shows that the question of causality will not be put down, and that, after all sciences, nature persistently demands the wherefore of her own phenomena. Zeller, of Berlin, in his paper read before the Acad- emy of Science, " upon the Teleological and the Mechan- ical Interpretations of Nature in their application to the Universe," seeks to combine the necessary in nature with the purposive in reason. " Since, on all sides, the inves- tigation of nature, so far as it has been carried, shows us a firm linking together of cause and effect, we must as- sume from the coherence of all, phenomena that the same holds also of those which have not yet been investigated and explained ; that everything in the world proceeds from its natural cause, according to natural laws ; and therefore nothing can here be brought in of the interven- tion of an active purpose bearing upon this fixed result, distinct from natural necessity. Yet we cannot consider these natural causes as barely mechanical ; for their ef- fects reach far beyond that which can be explained by motion in space, or resolved into such motion. And if from these same causes along with inorganic nature, life also, and along with irrational life also conscious and rational existence have appeared, not as it were by mere 1 Gedankcn ueber die Teleologie in der Natur, von Friedrich von Baerenbach. Berlin, 1878, p. 5. 308 FINAL CAUSE. accident in course of time, but necessarily by virtue of their natures, do proceed and ever have proceeded ; if the world never can have been without life and intelli- gence, since the same causes which now produce life and reason must already from eternity have worked, and therefore have produced these continually, so must we call the world, as a whole, in spite of the natural neces- sity which rules in it, indeed, rather on account of this, at the same time the work of absolute reason. That this reason should have been guided in its action by proposed ends is indeed not necessary. . . . " Yet, inasmuch as it is one and the same cause from which in the last analysis all effects spring, inasmuch as all the laws of nature only show the art and manner in which these causes, following the necessity of their exist- ence, work toward many sides, so from the totality of these operations must necessarily proceed a world harmo- nious in .all its parts, a world complete in its way, and arranged with absolute conformity to purpose." 1 A point of still higher moment to the argument Zeller has quite overlooked, namely, that in no case could the mechanical theory be adequate to the solution of the uni- verse. Motion, indeed, might account for all the phe- nomena of physics, with the exception of motion itself. But, after all the facts of mechanism are disposed of, there remain the facts and forces of vitalism, which re- fuse to be included under mechanism. Motion cannot originate life, neither can chemistry create or evolve life. We may analyze life into all its constituents and condi- 1 It is a groundless assumption of Zeller that because life is it lias always been; an assumption not warranted by the law of scientific induction. The rule of experience by which physicists would bind us forbids such a generalization upon phenomena of which there is no possible record. This is not scientific testimony, but speculative hypothesis. IIUMK'S POSITIONS. 309 tions, but cannot detect the life itself. We may com- bine all the constituents and conditions of life, but can- not produce life. The living organism \ve know, but the mind demands the cause of life-organization, and sees that this does not lie in mechanism. The mechanism of the universe may be concluded within motion and the correlation of forces ; but force is a quality, not a cause, and motion demands an origin, and beyond both lie the immensities of vitalism and of intelligence. Hume attempted to break down the teleological argu- ment by assailing the conception of cause and effect. He maintained that "order, arrangement, or the adjustment of final causes, is not of itself any proof of design, but only so far as it has been experienced to proceed from that principle," and also, that our experience of design, from the operations of the human mind, cannot furnish ,an analogy for "the great universal mind," which we thus assume to be the author of nature. Hence, accord- ing to Huuie, before we could infer " that an orderly universe must arise from some thought and act, like the human, it were requisite that we had experience of the origin of worlds, and it is not sufficient, surely, that we have seen ships and cities arise from human art and con- trivance." The first position of Hume is refuted Jby the universal consciousness of mankind. Most assuredly our belief that any particular object in which we perceive the adap- tation of parts to each other, or of means to an end, must have proceeded from a designing cause, does not arise out of a previous observation or experience of such cause in objects of the same class. Of the millions of men who wear watches, how very few have ever seen the parts of a watch formed and put together ! Yet every possessor of a watch is^ sure that it had a maker; and this convic- tion could not be strengthened by his going to Geneva 310 FINAL CAUSE. and seeing watches made by hand, or to Waltham and seeing them made by machinery. The first maker of a watch had no " experience " to follow. He used his own inventive skill. The watch existed in his mind before he shaped it in metal. And when the first watch was completed it testified of itself, to every observer, of the designing mind and the cunning hand which had produced it. And this because, as Hume himself says, " Throw several pieces of steel to- gether without shape or form ; they will never arrange themselves so as to complete a watch." This is not an inference from the study of such a casual heap of steel, but is an immediate and irresistible cognition of the hu- man mind. One does not need to trace the loose bits of steel from their entrance at one end of the factory to their emergence as a completed watch at the other, in order to be satisfied that, at some point of their course, a designing hand has adjusted them to each other. The perceived adjustment produces this conviction instanta- neously ; and no amount of experience could render the conviction more certain. The conviction that a particu- lar combination of means for an end is the product of a designing cause is not at all dependent upon the " expe- rience " of such cause in like cases. Neither does the conviction that adaptation proceeds from design rest upon " experience " in any case what- ever. That the adaptation of means to an end proceeds from an intelligent and purposing foresight of that end is an intuitive conviction of the human mind. To be convinced of this casual connection the mind requires neither argument nor observation ; it could accept no other explanation of the existence of the event. The mind assumes this casual relation of intelligence to adap- tation, in those very observations of nature or discoveries of inventive skill which Mr. Hume would include in the term " experience." THE APPEAL TO EXPERIENCE. 311 As the print of a human foot upon the sand gave to Robinson Crusoe the immediate conviction that there was another man upon what lie had supposed to be his uninhabited island ; as the impressions of feet, talons, fins, vertebra, embedded in rock, certify the geologist of extinct races ; so does the least token of adaptation at once articulate itself with the conception of design. In the gravel-beds of the Somme were picked up at first a few flint stones, bearing rude marks of having been shaped for use. No human remains were associated with them. The beds in which they lay were hitherto supposed to antedate the appearance of man ; yet these shapen flints, produced in every observer the instanta- neous conviction that man was there at the period of this formation. When once the eye had satisfied itself that these forms were not the result of natural attrition, were not worn but shaped, that this flint, however rudely shaped, was intended for a knife or a hatchet, this block for a hammer, this pointed stone for a spear, the mind at once pronounced it the work of man. The adaptation points to design, and the design points to a grade of hu- man intelligence. It does not matter that we cannot divine the specific use of this or that implement ; if the object itself shows that it was shaped for some use, if it is not merely a stone but an implement, there springs up at sight of it the necessary conviction that this was the work of a designing cause. Hence Hume's appeal to "ex- perience " is fallacious in the general as well as in the particular. Equally fallacious is Hume's objection to the analogy from the products of human design to the works of a higher*intelligence. The scale of the works, the vastness of the intelligence requisite to have conceived, and of the power to have executed them, have no place in the con- viction of design. This arises from the single fact of 312 FINAL CAUSE. adaptation^ whether seen in the wheels of a watch or of a locomotive, in the point of a pin or the lever of a steam- engine, in the antenna} of an ant or the proboscis of an elephant. Could Lord Rosse's telescope itself be pro- jected by a series of lenses to the farthest star within its field, this immensity of adaptation would no more ex- haust the principle than does the actual size of the tele- scope as compared with the eye of a beetle. Size, number, magnitude, have no relation to the notion of adaptation, which in and of itself produces the conviction of design. Moreover, the human mind is the only possible unit by which we may compute the operations of " the universal mind." If we drop the argument from design, and fall back upon ontology, still the finite mind which we know- in consciousness is the only agent by which, through anal- ogy, contrast, or negation, we can attain to a conception of the Infinite. The very observations which Hume would classify un- der " experience " must be made and recorded by this self-same mind ; and no man has a higher confidence in the scope and the trustworthiness of its powers than the philosopher who attempts to account for the existence of nature without either a cause or an end. But as our con- ception of causality and of personality, derived from con- sciousness, is capable of being projected from ourselves into the infinite or "universal" mind, just as we can project a mathematical line or circle into infinite space, so adaptation seen in nature reflects our conception of design up to the highest heaven and back to the farthest eternity. The mathematician does not pretend to comprehend the infinities or the infinitesimals which he nevertheless conceives of as quantities in his calculations. It would require his life-time to count up the billions which he handles so freely on a sheet of paper. The mind which FALLACIES OF HUME. 313 can conceive of infinite number and of universal space without comprehending either, can also derive from itself the conception of a " universal mind." To do complete justice to Hume, I will now sum up his argument and my reply. In his essay on " Providence and a Future State " Hume says : " Man is a being whom we know by experience, whose motives and designs we are acquainted with, and whose projects and inclinations have a certain connection and coherence, according to the laws which nature has estab- lished for the government of such a creature. When, therefore, we find that any work has proceeded from the skill and industry of man, as we are otherwise acquainted with the nature of the animal, we can draw a hundred inferences concerning what may be expected from him ; and these inferences will all be founded in experience and observation." Hence, he concludes, we cannot " from the course of nature infer a particular intelligent cause, which first bestowed and still preserves order in the universe," l inasmuch as we have had no experience of such a cause in nature upon which to ground this in- ference. At least three oversights or misconceptions are ap- parent in this statement. (1.) Mr. Hume overlooks the fact that each man is conscious of a designing faculty within himself, and does not need to be certified of the adaptation of means to ends through the observation of this faculty in other men. There was a time when a first man invented the first machine, or adapted something to his own ends ; and surely he had no experience of design in other men to create faith in himself as a designer. He put forth a conscious power ; his experience of what he could ac- complish confirmed his conception of design, but did not 1 Prov. and Put. State, vol. iv. p. 168. 314 FINAL CAUSE. create it. So it is with us all. When we see adaptation to an end, we say at once, Here was an intelligent cause, and this not because we have observed that other men have produced designs, but knowing ourselves as intelli- gent designing causes, we of course refer adaptation to intelligence. (2.) This points us to Hume's second oversight ; he fails to perceive that the single thing to which adaptation refers us is intelligence. It is not man in general as a being or an animal, but the intelligent spirit in man that is immediately and indissolubly connected with the notion of adaptation. Man does many things that are purely animal ; he eats, walks, sleeps, like other animals, by an instinct or a law of his nature, and we never think of as- cribing such acts to an intelligence superior to physical laws and functions. But the adaptation of means to ends we refer directly to such intelligence ; and it is this thing of intelligence that differentiates such effects from purely physical sequences by the nature of their causes. Crunched bones on a desert island might suggest beasts of prey, but a cairn suggests man. An approach to such adaptation on the part of the beaver, the bee, the dog, the ant, disposes us to clothe such animals with the at- tribute of reason. And on the same principle that it is intelligence and not man we think of directly we per- ceive adaptation do we refer such adaptation in nature to an intelligence higher than nature and higher than man. It is intelligence that we associate with adaptation, and we are not limited to intelligence as manifested by man as an animal of skill and industry. In point of fact the great advances of physical science in recent times have been due more to the imaginative and inventive faculty prompting investigation, than to inference from experi- ence. Science itself looks forward, not backward. Its spirit is inquisitive, and its discoveries spring from the THE ORIGIN OF IDEAS. 815 desire to know not only what is, but why it is, to reach at once the first elements of things and their final cause. And (3.) Hume has overlooked the fact that when once this idea of the connection between adaptation and intelligence has entered the mind, from whatever source, it does not require to be renewed, but remains always as an intuitive perception ; no amount of experiences can strengthen or weaken it, and this for the reason that the conviction of a designing cause does not rest in observa- tions or experiences, greater or less, of man and his con- trivances, but lies in the thing of perceived adaptation ; it does not require a knowledge of the cause or source of the adaptation. That wherever there is an adaptation of means to an end there must have been an intelligent cause is an intuition of the mind. This term intuition should not be confounded with the notion of innate ideas. An intuition is a self-evident truth ; the mind may come to the knowledge of such a truth in various ways and by many processes ; but when once it is perceived, it is seen to be true, as a proposition in and of itself, which no amount of reasoning or of evidence could make clearer or stronger than it is in its own simple statement. For example, the sum of all the parts is together equal to the whole. (A child may learn this, if you please, by trying it ; but once gained it is there.} Everything that begins to be must have a cause ; whatever exists must exist in time and in space. To this class of self-convincing truths belongs this also, that the adaptation of means to an end springs from an intelligent and designing cause. Under these criticisms of common sense and of universal con- sciousness Hume's elaborate structure falls to the ground. I am aware that this reasoning involves the intermi- nable controversy between sensation and consciousness as the originator of ideas. But it is clear that external phenomena do not and cannot impart to us the idea of a 316 FINAL CAUSE. cause. We cannot see a cause, feel a cause, hear a cause. What we perceive in nature is never cause as a substan- tial entity, but only the sequence of phenomena. And yet the mind unhesitatingly affirms of every phenomenon which actually comes to pass, that it is not self -origi- nated, but must have had a cause. Whence has the mind this conception of the necessary relation of an event to a cause ? I answer that this is a necessary cognition of the human mind, given in and of the mind itself. The mind knows itself as a cause. It does not matter here whether this knowledge be spontaneous or the result of mental experiences. Of the first origin of cognitions in a child, the first realization of consciousness, we have no possibility of record. But this we know, that there comes to every mind a moment when it awakes to the feeling " I can " and " I will." It knows the Ego in con- sciousness, and clothes the Ego with volition and with causality. With the blow of a hammer I break a crystal. We say the blow is the cause of the fracture ; and this loose use of the term cause is sanctioned by usage. But where and what is the cause? In the hammer? Or in the contact of the hammer with the crystal ? Does it reside in the hammer ? Or is it developed by the blow ? There is no sense nor instrument fine enough to detect it. We see the blow, we see the fracture, but not ten thou- sand such experiences would enable us to see the cause. The cause, you will say, is the force applied behind the hammer. But that force is not an entity ; it is only a quality of the cause, and that cause is the power which is in me put in action by my will. All force is but cause in action. And the sublime doctrine of universal force points of necessity to universal cause, and that cause in- telligent. Having its sole idea of cause through the con- sciousness of itself as a cause, the mind intuitively refers every event to a cause adequate in power and wisdom to the result. TELEOLOGY NOT A CHRISTIAN INVENTION. 317 Even upon Hume's own principle, the thing which "experience" has taught us is, that the adaptation of means, or the collocation of materials for an end, must be referred to an intelligent designer purposing that end. And the world has grown so old in the infallibility of this so-called experience, that it accepts the principle as an axiom alike in its application to a watch and to a world. The principle being recognized, we are prepared to apply it more carefully than did Paley to the evidence of nature to a supreme intelligent cause. Teleology is not an invention of Christian theology. In perceiving an end in nature, and from this assuming a divine author of nature, Plato and Aristotle anticipated Paul and Augustine ; and we are all familiar with Cice- ro's reply to the Epicurean notion that the world was formed by a chance concourse of atoms. " He who be- lieves this may as well believe that if a great quantity of the letters of the alphabet, made of gold or any other substance, were thrown upon the ground, they would fall into such order as legibly to form a book, say the * An- nals of Ennius.' I doubt whether chance could make a single line of them. . . . But if a concourse of atoms can make a world, why not a porch, a temple, a house, a city, which are works of less labor and difficulty? " Many' of the witnesses which Paley brought forward to establish the fact of design in nature have been dis- credited through the searching cross-examination of mod- ern science ; and some have even been so twisted and turned as to lean to the opposite side. But what then ? This impeachment of testimony prejudices the jury, but cannot blind an impartial judge to the principles which underlie the case. Much the same has happened in ge- ology. Many of the facts relied upon by earlier geolo- gists have been modified in their meaning and their rela- tions, or have been quite set aside by the Research of 318 FINAL CAUSE. later times. Theories have changed with every new master of the science, and the now-accepted theory of Lyell may yet be modified by the results of deep-sea soundings and of explorations in the Sierra Nevada. But no one dreams of doubting that there is in the struc- ture of the earth a foundation for a science of geology. And so we may trace there a foundation for a science of teleology, all the more clear because the superficial mechanism of design has been swept away. Indeed, the very terms designer, contriver, smack of the mechanical, the coarse, the vulgar. Professor Tyndall, who certainly has no belief in final cause in the theological sense, is already helping us to finer terms for teleology itself; and these terms occur in examples best fitted to illustrate the finer meanings and methods of this science. These ex- amples are found in heat and in light. There is even more of science than of poetry in the saying that coal is " bottled sunlight." For what pur- pose was coal produced, but that it should serve for fuel ; should be made to give back in practical and beneficial uses the heat it had condensed from the sun ? And for whose use intended but for man ? Nature in her opera- tions has no service for this concentrated extract of ferns and trees. No animal tribes in burrowing or foraging had ever sought out the coal or applied it to their wants. But when man had need of other fuel than the surface of the earth could furnish him, there lay the beds of coal ready to his hand. Can we resist the conviction that coal was provided in anticipation of the coming of man stored, so to speak, in the cellar of his future abode ? If there were, indeed, such a purpose in the formation of coal, the relation between the purpose and the result is the more impressive because it was so long latent, and required ages for its development. Not fact and form alone, but idea and intent as well, are in process of de- TELEOLOGY OF TYNDALL. 319 velopment. The plan in evolution is also the evolution of a plan. Professor Tyndall has given us the very term to characterize this phenomenon. " Wood and coal can burn ; whence come their heat, and the work pro- ducible by that heat? From the immeasurable reservoir of the sun, Nature has proposed to herself the task of storing up the light which streams earthward from the sun, and of casting into a permanent form the most fugi- tive of all powers. To this end she has overspread the earth with organisms which, while living, take in the solar light, and by its consumption generate forces of an- other kind. These organisms are plants. The vegetable world, indeed, constitutes the instrument whereby the wave-motion of the sun is changed into the rigid form of chemical tension, and thus prepared for future use. With this prevision the existence of the human race it- self is inseparably connected." In the terms which I have italicized, teleology is so etherealized that nothing remains of the grossness of the old conception of the mechanism of the universe. Prevision is so much finer than design or contrivance ! We no longer require to see either the watch or the world in the process of mak- ing ; we no longer hear the starting of the machinery ; but as in Ezekiel's vision there is a spirit of life within the wheels, and they are borne on mighty wings. The objection to this illustration, that if coal were in- tended for the use of man, it should have been evenly distributed over the globe, and upon the surface, seems too frivolous for a philosophical reply. But the reply is given in the whole nature of man, and in the totality of the ends of his existence. Man shall not live by coal alone. The distribution of the earth's products gives rise to that system of industries, to that development of energy, skill, foresight, and invention, and to that brotherhood of humanity which comes of widespread in- 320 FINAL CAUSE. tercourse, which render human existence so much higher than that of brutes. I am not strenuous, however, for this illustration. I have adopted it because a leading man of science seems driven to teleology to account for the fact of coal. Thus teleology, as in Harvey's discovery of the circulation of the blood, is often the guide of science to higher ends. My object in this essay is not to prove the doctrine of final causes, but to point out the lines of proof, in the true conception of causality, and in the wise interpreta- tion of those more subtle phases of nature which science now deals with, and which so transcend the mechanical causes of Paley. As with heat, so with light. To describe the web of relations subsisting between solar light and the media through which this passes to the human eye, Tyndall has recourse to the same refinement of teleology. *' We have, in the first place, in solar light an agent of exceeding complexity, composed of innumerable constitu- ents refrangible in different degrees. We find, secondly, the atoms and molecules of bodies gifted with the power of sifting solar light in the most various ways, and pro- ducing by this sifting the colors observed in nature and art. To do this they must possess a molecular structure commensurate in complexity with that of light itself. Thirdly, we have the human eye and brain, so organized as to be able to take in and distinguish the multitude of impressions thus generated. The light, therefore, at starting, is complex ; to sift and select it as they do, nat- ural bodies must be complex ; while to take in the im- pressions thus generated, the human eye and brain, how- ever we may simplify our conceptions of their action, must be highly complex. Whence this triple complex- ity ? If what are called material purposes were the only end to be served, a much simpler mechanism would be GEOLOGICAL REASONING. 321 sufficient. But, instead of simplicity, we have prodigal- ity of relation and adaptation, and this apparently for the sole purpose of enabling us to see things robed in the splendor of color. Would it not seem that Nature har- bored the intention of educating us for other enjoyments than those derivable from meat and drink ? At all events, whatever Nature meant, and it would be mere presumption to dogmatize as to what she meant, we find ourselves here as the upshot of her operations, en- dowed with capacities to enjoy not only the materially useful, but endowed with others of indefinite scope and application, which deal alone with the beautiful and the true." i In how many distinct forms and phrases in the two passages cited does Mr. Tyndall pay homage to the in- tuitive conviction of purpose, intention, design, as seen in the adaptations of Nature: "Nature has proposed to her- self ; " " to this end ; " " with this prevision ; " " atoms gifted with the power ; " " prodigality of relation and adaptation ; " " for the sole purpose ; " " Nature har- bored the intention ; " " whatever Nature meant." Tyn- dall is a master of language, whether as the poet pictur- ing the Alps, or as the philosopher analyzing and defining nature. In these passages he is the man of science upon his own ground, reporting his observations and experi- ments. And he tells us that in two of the most delicate, subtle, yet all-pervasive forces of nature, heat and light, he finds everywhere traces of intelligence, since only intelligence can harbor an intention, can have a meaning or purpose, or act with prevision for an end. Two parallel incidents in geology will show that the scientific mind intuitively discriminates between nature and intelligence. (1.) In digging a well in Illinois, the workmen at a depth of several feet struck upon the 1 Tyndall on Light, Lee. 1. 21 322 FINAL CAUSE. trunk of a tree, and under this upon a bit of copper ore identical with that of Lake Superior. The inference was that ages ago the copper had been washed from its native bed, and lodged in the alluvium of the Mississippi Valley, perhaps that the great lakes then had an out- let through the Mississippi, and over this deposit a forest had grown, which in time was buried beneath the ever-accumulating surface. The whole process was as- cribed to natural causes, the interest concentrating in the question of time. (2.) In working the copper mines of Lake Superior, the miner came upon traces of excava- tion, of smelting, of rude implements of labor ; and the immediate conviction was, Man has been here before us, probably that unknown race who built the mounds in the Mississippi Valley had discovered and worked these mines. How shall we account for the difference in these judgments, the one pointing to nature, the other to man ? The judgment in each case was spontaneous, and each judgment is accepted by science as correct. The dividing line between them is, that perceived adaptation to an end betokens an intelligent purpose directed to that end. A corresponding instance is familiar to Eng- lish geologists. At a considerable depth in the delta of the Nile were found remains of pottery. The immediate conviction was that man was on the soil at the period of this forma- tion. Beyond question the pottery was the work of man ; and the geological age of the deposit would determine how far back man existed on the borders of the Nile. When it was suggested that the pottery bore marks of Greek workmanship, the inference was that either by ac- cident it had worked its way so deep, or the Nile deposit had been more rapid than is commonly supposed. The question recurs, how do we make this distinction between man and nature, and the answer lies in the one fact of adaptation to an end. TELEOLOGY. 323 Now, Professor Tyndall assures us tlisit in the single fact of light and vision " we have prodigality of relation and adaptation." From the point of view of physical science he cannot look beyond the bounds of nature, and hence he provides the intelligence which adaptation demands by personifying nature. I accept implicitly Tyndall's testimony to the wondrous fact ; and not being under the restriction which the pure scientist must ob- serve, I accept the conviction of my own intelligence that such intelligence is above nature. The principle of teleology is thus attested by science itself in its most subtle and intricate investigations. Indeed, that principle becomes more patent the farther it is removed from the sensuous into the sw6-sensible world. There we touch upon causes, first, mediate, and final. It does not matter that the relation of cause and effect is often obscure. Could we have looked upon our planet in the carbonifer- ous era, who could have seen reflected in that murky at- mosphere the coal-grate glowing in our dwellings, the furnace in our factories ? We are living in an unfinished system, an era of the evolution of phenomena, and, as I have said, the development of the ideas that lie at the back of phenomena. Neither does it disparage teleology to point to the evil that is in the world. Moral evil is the product of man's free agency. But free will is the highest endow- ment of a rational creature. The power of moral choice makes man akin to the infinite and the absolute ; and moral evil is a perversion of this most illustrious attri- bute of being, and the possibility of perversion lies in the nature of free will, and gives to virtue its worth and its glory. Hence it may be that moral, evil is inciden- tal, in respect of divine prevention, to the best possible system. As to physical evil, this is but partial and relative. 324 FINAL CAUSE. Our own experience testifies that this often serves to dis- cipline the intellect of man, to put fibre into his will, and train him to noble and heroic action in subjugating nature to the service of the human family. The very doctrine of natural selection shows of how much worth to man is the struggle for existence as a moral element in the development of character. Here, too, comes in the fact that the system is un- finished. Things that seem untoward because unknown may have a brighter end : " from seeming evil still educ- ing good." Science is teaching this, especially in chemistry, by transforming what once was feared as hurtful and hostile to man into some higher ministry of the beautiful and the useful, ordered by wisdom and beneficence. What serviceable dyes, what exquisite tints, are evolved from the noisome refuse of coal-tar ! And just this service should science render if tele- ology is true. For if there be a Creator, He must be spirit, and apprehensible only by spirit. Hence, the more we are developed in mind by science, and the more we penetrate through science to the silent, impalpable forces of nature, the nearer shall we come to Him who is invisible ; till with Dante, emerging into the light eternal, "we can say : " And now was turning my desire and will, Even as a wheel that equally is moved, The Love which moves the sun and the other stars." APPENDIX TO THE LAST ESSAY. SINCE the foregoing paper was read, Professor Huxley has pub- lished a " Life of Hurae," with an analysis of his works, which in its cheap and attractive form may give a fresh impulse to the popularity of the Scotch philosopher. A review of Hume's philosophical system, as a whole, would here be out of place. Supposing Huxley's synopsis of it to be now at hand, I must re- strict myself to the points raised in my paper Cause, Power, Intuition. It is a hopeful sign that such a master in physics as Professor Huxley should invoke such a master in metaphysics as Hume (just as Professor Tyndall invokes Lucretius) in support of his own teachings ; that science, which we have been told was the only knowledge the knowledge of things by observa- tion of the senses should have recourse to philosophy to sift and classify phenomena under ideas, in order that they may have a place in the category of knowledge. The necessity for this I have endeavored to show in the article, " What is Science ? " in the " British Quarterly Review " for January, 1879 ; and the recognition of this dependence of science upon philosophy for its own expression would put an end to much of the controversy over physics and metaphysics. As to ideal spec- ulation, Professor Huxley goes quite far enough. On page 55 he says : " All science starts with hypotheses in other words, with assumptions that are unproved, while they may be, and often are, erroneous ; but which are better than nothing to the seeker after order in the maze of phenomena. And the histor- ical progress of every science depends on the criticism of hy- potheses, on the gradual stripping off, that is, of their untrue or superfluous parts, until there remains only that exact verbal expression of as much as we know of the fact, and 110 more, which constitutes a perfect scientific theory." 326 APPENDIX TO THE LAST ESSAY. This statement of the way of attaining a scientific knowledge of external phenomena raises two questions, which must be answered before we can have any confidence in such knowl- edge. Who or what is it which makes that " criticism of hy- potheses " upon which " the progress of every science de- pends ? " And how do we " know a fact," or who are the WE who know a fact, so as to reduce it to its " exact verbal ex- pression ? " Professor Huxley is not quite satisfied with Hume's negation of mind ; that " what we call a mind is nothing but a heap or collection of different perceptions, united together by certain relations, and supposed, though falsely, to be endowed with a perfect simplicity and identity." Of this view, Huxley says : " He [Hume] may be right or wrong ; but the most he, or any- body else, can prove in favor of his conclusion is, that we know nothing more of the mind than that it is a series of perceptions." Here, again, I ask, Who or what are the We, who know this, or anything else? Does a mere "series of perceptions," each of which gives place in turn to its successor, know itself as a series, and that this series is all that can be known of mind ? Has a series of ever-changing, ever-vanishing impressions a continu- ity of consciousness, a power of retention as memory, and of discrimination as judgment ? There can be no criticism without comparison, without remembrance, without selection, without discriminating judgment ; and the question forces itself home to the school of Hume, If the mind " is nothing but a heap or collection of different perceptions," where or what is that faculty which examines and compares these impressions, and which reduces them to an " exact verbal expression " as fact or knowl- edge? The truth is that Mr. Hume and Professor Huxley necessarily assume a something within man which, though it cannot be known " by direct observation," yets knows itself, and knows other things. The existence of this something, which we call mind, is asserted by the consciousness of all mankind and in the language of every people. It is proved by the con- sciousness which every man has of personal identity and of individuality ; by his exercise of memory and of will ; and above all by his sense of right and wrong, and his spontaneous APPENDIX TO THE LAST ESSAY. 327 emotions in view of good or of evil. This something knows it- self as a cause, as a power, and as possessing free will ; that is, in all actions having a moral quality it has power to choose a course of action, and also power to choose the contrary. What- ever the motive which finally determines its choice say, if you please, the greatest apparent good there is always the power of contrary choice. Every man knows these tilings to be true of himself. But it is absolutely impossible to predicate any of these things of a mere "series of perceptions." Though the existence and the properties of mind may " lie beyond the reach of observation," as the term observation is applied to the study of nature, yet the existence of mind is known in consciousness with a certainty as absolute as that which per- tains to the phenomena of nature observed and reported through the senses. In either case the conviction of certainty is given in the mind, or it could not exist at all. How can I know any- thing if I do not first know the I who knows, so far as to have full confidence in the observations which / make, and in the judgments which 1 form ? Now, there are also truths which the mind knows by intuition, of which it is as certain as of any fact ascertained by observa- tion, and indeed as certain as of its own existence. Such truths do not depend upon experience, but are assumed in all ex- perience. They could not be made a whit more clear or certain by reasoning or observation than they are seen to be by direct cognition. Of this class of truths are the axioms of mathematics. Hume admits that there are " necessary truths," but he would not class with these the axiom of causation, " That whatever event has a beginning must have a cause." Professor Hux- ley is more inclined to class causation with necessary truths, and this upon scientific grounds. Thus, on p. 121, he says: " The scientific investigator who notes a new phenomenon may be utterly ignorant of its cause, but he will, without hesitation, seek for that cause. If you ask him why he does so, he will probably say that it must have had a cause ; and thereby imply that his belief in causation is a necessary belief." What is true of the man of science is equally true of the human mind under all possible conditions. It is an intuitive conviction of a neces- 328 NOTE. sary truth, that every event must have a cause. It is absolutely impossible for the mind to conceive the contrary. Let any one conceive of absolute universal Nothingness, and he will find it impossible to conceive of anything as beginning to be ! Either, then, we must have recourse to the unphilosophical conjecture of an infinite series, or we must believe in an eternal Creator of the universe. In like manner, that adaptation points to a purposing intelli- gence is an intuitive cognition of the human mind. This does not arise from experience of adaptive power in other men ; and though continually verified by experience, it does not rest in experience for its proof. Here, too, as above, it is impossible for the mind to conceive the contrary. Having already exposed the fallacy of Hume on this point, and having traced the notions of causation and of power to their seat in the mind itself, I trust I have opened anew the way for the evidence of God in nature, which physics is more and more unveiling, for metaphysics to take note of and clas- sify. NOTE. The reader who is interested in the preceding points of meta- physical inquiry, but who lacks facilities for studying German philosophy in the original, can put himself in communication with two of the greatest thinkers of Germany, by reading " A Critical Account of the Philosophy of Kant," by Professor Ed- ward Caird, of the University of Glasgow ; and " The Logic of Hegel," by William Wallace, M. A., Fellow of Merton College, Oxford. Kant was not satisfied with the argument from de- sign, or as it is better called, the physico-theological argument for the being of God; and while controverting Hume on some points, he agreed with him that the existence of order in the universe could at most establish a finite cause. This point I have previously considered. But another form of reply pre- sented by Professor Caird is so thoughtful and suggestive that I give the gist of it here, referring the reader to the full argu- ment in his eighteenth chapter. NOTE. 829 " Why do we seek in things, in the world, and in ourselves, a truth, a reality, which we do not find in their immediate as- pect as phenomena of the sensible world ? Jt is because the sensible world, as such, is inconsistent with itself, and thus points to a higher reality. We believe in the infinite, not be- cause of what the finite is, but quite as much because of what the finite is not ; and our first idea of the former is, therefore, simply that it is the negation of the latter. All religion springs out of the sense of the nothingness, unreality, transitoriness in other words, of the essentially negative character of the finite world. Yet this negative relation of the mind to the finite is at the same time its first positive relation to the infinite. ' We are near waking when we dream that we dream,' and the con- sciousness of a limit is already at least the germinal conscious- ness of that which is beyond it. The extreme of despair and doubt can only exist as the obverse of the highest certitude, and is in fact necessary to it." Hegel, who was fond of reducing every conception to the last possible analysis, says, " We must decidedly reject the mechan- ical mode of inquiry when it comes forward and arrogates to it- self the place of rational cognition in general, and when it seeks to get mechanism accepted as an absolute category." lie then shows how even the argument from design has been vitiated by a mechanical tone. 1 " Generally speaking, the final cause is taken to mean noth- ing more than external design. In accordance with this view of it, things are supposed not to carry their vocation in them- selves, but merely to be means employed and spent in realizing a purpose which lies outside of them. That may be said to be the point of view taken by utility, which once played a great part even in the sciences. Of late, however, utility has fallen into disrepute, now that people have begun to see that it failed to give a genuine insight into the nature of things. It is true that finite things as finite ought in justice to be viewed as non- ultimate, and as pointing beyond themselves. This negativity of finite things, however, is their own dialectic, and in order to ascertain it we must pay attention to their positive content. 1 Pases 291 and 299. 330 NOTE. " Teleological modes of investigation often proceed from a well-meant desire of displaying the wisdom of God, especially as it is revealed in nature. Now in thus trying to discover final causes, for which the things serve as means, we must remember that we are stopping short at the finite, and are liable to fall into trifling reflections. An instance of such triviality is seen when we first of all treat of the vine solely in reference to the well-known uses which it confers upon man, and then proceed to view the cork-tree in connection with the corks which are cut from its bark to put into the wine-bottles. AVhole books used to be written in this spirit. It is easy to see that they promoted the genuine interest neither of religion nor of science. External design stands immediately in front of the idea: but what thus stands on the threshold often for that reason gives the least satisfaction." The burden of my paper is to lead up through this external design to the idea that lies behind it. And here Ilegel has given food for thought in his profound saying that " Objectivity contains the three forms of mechanism, cliemism, and the nexus of design." This nexus holds the world and the universe to- gether in our intuitive conception. INDEX. Aborigines, right of, to the soil, 110. Absolutism in Europe in 1815, 3. repudiated in Ivirope, 0. the disappearance of, in Europe, 2. Adaptation proceeding from design, 310. Africa, opening of to civilization, 106. Agrarianisro and communism, 113. Alliance, the Holy, of 1815, 5, 13. America, church independence in, 82. American doctrine regarding liberty and education, 29. American republic, the, influence of, as a model, 7. Americans should recognize God in their history, 258. Amos, Professor Sheldon, on interna- tional law, 120. on treaties, 134. Amphictyons religious union, the, 228. Anarchy the end of materialism, 20. Andrassy, Count, on the encyclical, 87. Apostles' Creed, the, 252. Appleton, C. E., on international copy- right, 1(54. Aquinas, Thomas, aphorism by, 204. Arabia territorial rights among tribes of, 114. Arbitration a remedv for international evils, 147. " a remedv for standing armies, 101. between capital and labor, 20. classes of cases that might be settled by, 101. hope for peace by, 174. in case of crushing pecuniary exactions, 172. Aristocracy in France, 9. of Germany at Berlin in 1877, 10. Aristotle defines nature, 240. demies science, 214. Armament, tho, of Germany, 93. Armies, standing, imperil society, 27. Army, strength of the Gorman, 93. the, a school to boorish young men, 27. Arnim, Count IIen>y Charles Edward, correspondence, 01), 88. his controversy with Bismarck, 88. recommends Bismarck to meddle with the Vatican council, 70. Arnold on right in land, 112. i Artificer, the great, of Cowper, 306. i Aspirants for place in a democracy, 30. ' Atlases, historical, 55. Atom, the conception of, bv Lucretius, 264. Atomic theory, the, 269. Atoms and force, 193. Augsburg, peace of, 56. Austria, cost of her army, 98. public instruction in, 14. reconstruction of, after Ko'nig- griitz, 4. supremacy of, removed, 66. | Authors, protection of native, 151. (See Bitokg and Copyright.) Autocracy of the 1'ope, 73. vs. the I'apacy, 7. Autocrats not possible in Europe, 6. Avenarius, R., on experience, 201. on philosophy, 187. Babylon, religion of, 236. Badenoch, Rev. G. R., 33. Baerenbach, Friedrich von, on Darwin, 307. Baggage-master and baggage-smasher, 72. Balance of power, 3. Bashi-Bazouks, outrages of, 122. Bavaria, alarmed bv the Vatican coun- cil, 69. Beginning necessitates a cause, 327. Beginnings of things according to Lu- cretius, 274. Belgium, King of, on African civiliza- tion, 106. 332 INDEX. Berlin, Congress of, of 1878, 4. 174. Bible, the, confiscated in Russia, 183. creation personified in, 306. Bishops as princes, 55. imprisonment of, 86. Bismarck - Schoenhausen, Karl Otto, Prince von, 4, 54. (See Ca- nossfi.) his policy regarding the bishops, 68. his quarrel with Rome, 48. on ultramontanism, 35. prescience and intuition of, 65. urges the consummation of Ger- man unity, 71. Black Hills, gold-hunting among the, 115. Black Sea. the neutralizing of, by the treaty of Paris, 144, 180. Bliintschli, John Caspar, on interna- tional law, 120. on science, 215. on treaties, 133. on war indemnity, 1G9. Bolingbroke on the demands of Queen Anne for Protestants, 128. Boniface VIII., anathemas of, 47. claims of, 44. Books, compulsory publication of, 156. Booksellers oppose international copy- right, 165. Book trade, " courtesy " in, 161. Brahma, the eternal, 234. Brain-work, property in, 162. Bridgewater Treatises, basis of, 301. Broca. M. P., on the barbarity of war, 28. Brodie, Professor B. C., 269. Brutality in war, what is it? 105. Bryce, James, on llildebrand's bull, 39. Bulgaria, brutality of the Turks in, 105. outrages in, 121. Bundesrath, the Cerman, 11. Bunsen, Christian Karl Josias, on poly- theism, 237. Business retarded by army service, 99. Caird, Edward, his " Philosophy of Kant," 328. Calvo, Charles, on indemnities, 170. on treaties, 133. on uaucaption, 110. Canossa, Bismnrck not going to, 37. Henry IV. at, 37. Cartography, ecclesiastical, 55. Catholicism, French, of to-day 48. retrogression of, in the 17th cen- tury. 57. superstition of, 23. Catholics, opportunities of, in Prussia, 64. Causality, the true conception of, 320. Cause and effect, Hume on, 301). Cause, idea of a, not imparted by phe- nomena, 316. Cause, power, intuition, 325. Cause, the final, 308. Cayour's maxim, " A free church in a free state," 81. Centralization in the state, 29. Certainty, mathematical, 213. moral, 11)7. vs. probability, 197. Challis, Professor James, on science, 214. on the uniyorse, 206. Chamerovzow, L. A., on the New Zea- land Question, 113. Charles V. confederate with the pope, 51. China, opium trade in, 117, 118. China, United States treaty with, 120. Christ, the Church, and the Creed, 247. Christian commerce wrongs non-Chris- tian peoples, 118. Christian nations, intercourse of with non-Christian peoples, 104, 108. Christianity at a stand-still, 25. Christians and non-Christian peoples, 104. Christians in Turkey, call for inter- vention in behalf of, 127. immunities pledged to, 177. Church the, and Civil Society, con- stant factors, 2. discipline not to be used for political ends in Prussia, 84. independence in America and Europe, 82. the supreme over all, theory of, 74. Church and State in Prussia, 29. opposed, 61. separation of, not wished in Prus- sia, 81. Churches, privileged, 05. Cicero defines nature, 241. defines religion, 226. on Chance as a power, 317. quoted on property, 113. Citizen, the, Prussian view of, 14. Civil power tributary to spiritual, 40. Civilization, necessary evils of, 19. Classes, a division info, necessary, 30. Clerical control in polities doomed, 9. Coal, the use of, 318, 319. Coleridge on Shakespeare's " science in mental philosophy," 188. Commerce with non-Christian peoples, 109, 115. INDEX. Commission, an international proposed, 140. Communism in France, dangerous to society, 32. Comparative theologj-, 221. Cointe, Auguste, a fatal admission of, 221. and Mill, religion of, 239. Conception, the immaculate, 23. Confession of faith, 247. Conflict, the irrepressible, 54. Confucius, religious system of, 229. Congregational order, the, in America, 247. Congress, the Geographical, 103. Congresses, international, tend to peace, 102. Conscience, a criterion of duty, 62. freedom of, 22. its nature and sphere, 77. Conscription in Germany, effect of, 97. Constitution, sense of the word, 3. Constitutional government, rise and growth of, in Europe, 2, 7. Consultation among nations necessary, 148. Contrivance refers us to mind, 306. Convents, increase of, 63. Cooke, J. P., on the atom, 265. Cooperation, growth of, 20. Copyright Association, the, 164. founded on justice, 163. in Germany, 152, 158. in Great Britain, 154, 158. in the United States, 150, 160. International, 151. principles of, in Germany, Great Britain, and the United States, 161. rights of alien authors to, 166. Copyrights to foreigners, 158. Cortes, the, abolished in Spain in 1814, 4. Council, the Vatican, 69. Courtesy among publishers in the Unite'd States, 161. Creation, history of, by Haeckel, 191. personified in the Bible, 306. Creator, argument for a, 305. Creed, the Apostles', 247, 252. Creed, the, only functional, 250. use of a, 241). Crisis in European society, 22. Gumming school of prophets, the, 1. Customs, searches by otticers of, 119. Cj'cle, the European since the Con- gress of Vienna, 4. Czar, power of, moditied, 5. Darwinian theory, the, anticipated, 204. Dead, resurrection of the, 255. Debt, public, augmented to support the army, 28. Defense, national, in Europe, necessities of, 97. Definition, rules of, 187. Democracies not lacking in a love of display, 10. Democracy, progress of, 10. the, of Europe trained by ex- perience, 1H. Democratic civilization, remedy for the evils of, not found, 31. Demon, the, in Greek religion, 229. Denmark, cost of her army, 99. Design-argument, the, of Paley, 303, 30o. Desigiij faculty of, in man, 313. Despotism the aim of ultra-montanism, 25. Dictionary, usefulness of the, 18!*. Diplomatic papers, publication of, 90. Discoverv, premium to be placed upon, 119. right of, 110. Divine right of kings, theory of the, 6. Doubt inconsistent with knowledge, 195. Draper, John W., on religion and science, 190. Drift of Europe, the, 1. Du Bois-Keymond, Emile, on atoms and force, 193. oil the indifference of atoms, 286. Eastern Question, the, 174. in Berlin, 10. position of England on, 176. the treaty of 1'aris on, 142. Ecclesiastical authority not supported by Scripture, 77. Ecclesiastical control, opposition to, 7, 8. Ecclesiastical power in the sixteenth century, 55. Ecelesiasticism, tyranny of, in Ger- many, 25. Education a care of the state, 18. compulsory, in Europe, 13. in Austria, 14. in Europe, 16. not the panacea for all evils, 14. Education, popular, in republics and monarchies, 12. marks the progress of Europe, 12. Ego, the, what is it ? 205, 206, 207. Elizabeth, Queen, seventies of, towards Romanists, 45. Emerson, K. W., on internal light, 204. Emperor and Pope, conflict between, 35. I Emperor, divine right of, 48. 334 INDEX. Empire, the German, has no religion 68. Encyclopedists, infidelity of the, 24. England and her relations to the pa paey, 45. England's sympathy with Germany, 33. Episcopal Church, the, 253. Equality, social and legal, compared, 18. Ethics superior to custom, 135. Europe averse to war, 147. beyond the drifting period, 21. Christian and social, drift of, 1. evidence of advance in, 2. not tending to republicanism, 6. term defined, 1. two constant factors in, 2. European society far from sound, 22. in peril from the military sys- tem, 27. Evangelical Church, the, in Prussia, C5. Evil, moral, the product of free agency, 323. problem of, not solved by science, 2!2. Evils of democratic civilization, rem- edies for, not found, 31. Evolutionists, inlidelity of a school of, 24. Excommunication of Frederic II., 41, 42. Exhibitions, international, 103. Experience, the appeal to, 311. the training of, in Europe, 18. Faith, confession of, 218. necessary, 272. and science as distinguished by Haeckel, 191. Favoritism, ecclesiastical, weakens loyalty, 80. Feelings, the, outside the domain of science, 291. Fetichism of Africa, 237. Field, D. D., deiines the word Nation, 53. Fiore, defines the word Nation, 53. Fittest, survival of the, 297. F'orce and atoms, 193. cause in action, 316. universal, points to universal cause, 310. Foreigners, copyrights to, 158. Forster, Wilhelm, on astronomy, 192, 193. France and Spain, national life in, 53. France, cost of her army, 98. humiliation of, 12. revolutions of, 4. Frederic II., excommunication of, 40, 42. Frederic III., barters away his prerog- ative, 49. Frederick William III., of Prussia,13. Freedom of conscience and mind, 22. Freedom, religious, to be demanded, 184. Freeman, E. A., on Teutonic freedom, 82. Fulda, assembly of bishops at, 69. Galileo anticipated by Lucretius, 263. his doctrines preached in Koine, 23. Geology, reasoning from, 321. German empire, the Catholic Union on, 86. Germans, the, capacity for self-govern- ment of, 90. not a belligerent nation, 95. Germany, armament of, 92. Bismarck's devotion to, 66. copyright in, 151, 158. ecclesiastical conflict in, 46. her needs for defense, 97. incited to insurrection bv Greg- ory IX., 41. political freedom in, 82. progress under law in, 18. proud of her army, HiO. resources drained bv her army, 98. the arbiter of Europe, 14. Gladstone, W. E., 33. on the Vatican decrees, 81. God, belief in a personal, 238. in American history, 258. Goethe on the elective principle, 270. Golden Kule, the, anticipated, 231. Gospel, the, of Christ, necessary to European liberty, 20. Government a living power under Bis- marck, 71. blamed for all evils, 31. lOvernments, rise of constitutional, 2. iratitude, the sentiment of, 2H1. Great liritain, copyright in, 154, 159. cost of her army, 99. Jreece, republics of, cause of their re- trogression, 21. Jreeks, religion of, 227, 228. iregorv VII., bull of, excommunicat- ing llenry IV., 30. (Ste Jlllde- brand.) jiregorv IX., conflict with Frederic II., 40, 41, 42. irot in.-, father of modern international law, 107. iiiix.ot, M., advocates public schools, 17. iyinna-imn, the Prussian, as a training 'for the clergy, 84. INDEX. 886 Haeckel, Ernest, audacity of assertion of, 212. his "History of Creation," 191. on moral and scientific mate- rialism, 284. Halleck on conquest, 172. Hamlet, the idea of, not to be em- bodied, 201. Hatti' Iluinaloiin, the, 177. Heathens no longer proper spoil for Christiana, 110. Heffter, August Wilhelm, on treaties. 132, 135. on war indemnity, 169. Hegel defines philosophy. 210. ou the mechanical mode of in- quiry, 32!). on the nexus of design, 330. on self-consciousness, 205. Henry IV., excommunication of, 36, 38. Henry VI., of France, bows to the Pope, 59. Henry VIII., ecclesiastical quarrels of, 45. Hero-worship, 243. Hierarchy, the Roman, in Prussia, 83. Hildehrand, ground of his act towards Henry IV., 39. humbles Henry IV., 37. (See Gregory VII.) Hohenlohe, Cardinal, not received by the 1'ope, 37. Hohenlohe, Prince, on the attitude of Bismarck towards the Roman Church, 90. Holy Alliance, the, invalid in one point, 139. Honor, meaning of, 189. must be sacred between nations, 180. Hope impossible to an equation of ele- ments, 26. not found in the system of Lu- cretius, 204. Hossbach case, the, in Prussia, 247. Huber, D. J., 62. Humanism, 243. Humaiiitv in dealings with non-Chris- tian peoples, 109, 120. scorned by Lucretius, 288. Humboldt defines science, 215, 216. Hume, fallacies of, 300, 313. Huxley's life of, 325. on cause and effect, 309. progress of his ideas, 302. Hume's appeal to experience falla- cious, 311. Hume's philosophical system, synopsis of, 325. Huxley's life of Hume, 325. Ideal, the American, 22. Ideas, origin of. 315. property in, 162. Imagination advance** xrience, 314. Indemnity, arbitration in ca.se of cruel. 172. justification of, 1G8. right of an aggresssivo power to, 171. war, right of, 168. India, religion of, 232. Indians, cruelty towards, 104. right of to the land over which they roamed, 111. Indifferentism in Germany, 25. in Protestant Christianity, 24. Individual, crushing tin-, to elevate the masses, 29. Individuals, repression of, 29, 30. Induction evolved by Lucretius, 270. Indulgences, sale of, 49. Industrial development, 20. progress, 19. Industry, damaged by the German military system, 98. Infallibility," papal, 8. doctrine of, 45, 52. Presseuse on, 47. Infidelity, the, of the 18th century, 23. Ingratitude, baseness of, 281. Inhumanity tends to barbarism, 121. Injustice cannot be made valid by featy, 138. Innocent III., audacity of, 39. Innocent IV., deposes Frederic II. 43. Intellectual freedom in Prussia, 82. Intelligence indicated by adaptation, 314, 321. popular, progress of, 12. Interference, right of, 124. International copyright, 151. Association, the, 1G4. faith required, 147. faith, steps towards, 148. law, 107. Intolerance of Russia, 181. in Turkey, 181. Intuition of mind, an, 315. Invention, never produced bv Nature, 306. Italy, cost of her army, 98. education in, 17. the old and the new, 03 described by Taine, 20. unilicat'on of, 4. unity of, 11, 52, 68. Jesuits and infallibility, 48. claims of, 52. in Germany, 46. Jesuitism opposes Protestantism, 61. 336 INDEX. Jesuitism triumphing at Rome, 68. Jevous, W. S., on certajnty, 207. on phenuineiia, 245. Jews, disabilities of, G4. John, accepted as vassal of the Pope. 40. Johnson, Samuel, on policy and moral- ity, 131. Justice, sense of, growing in power, 145. the supreme duty of mankind, 125. Kant, Emanuel, triviality of, 330. on the Ego, 204. on mathematics in science, 193. Kenntnifs and erkeimtnitt, 198. Kent, Chancellor, on treaties, 134. Kingship and priestism, 35. subordinate to the Church, 40. Knowledge the conviction of certainty, 195. the diffusion of, not abridged by copyright, 105. how acquired, 196. Kouiggriitz, effect of the disaster of, 16. triumph of, 67, 71. Labor, manual, decreases as thinking increases, 20. subdivision of, 30. and trade, laws of, 18. Lactantius on the derivation of the word Religion, 226. Law, International, general commu- nity of, 108. Law, majesty of, exemplified, 115. Law of nations, what it requires, 147. Leeky's view of religion, 223. Lectures, a course of, indicated, 257. Legitimacy declared the salvation of Europe, 5. Libert}' endangered by a standing army, 27, 28. Liberty, religious, right to uphold, 33. unproselyting, 62. Liefland, persecution in, 182. Life, an assumption regarding, 308. motives for a happy, presented by Lucretius, 291." origin of, according to Lucretius, 276. Light and the eye, Tyndall on, 320. I^otze, Hermann, on the Ego, 206. Lourdcs, pilgrimages to, 23. Lucretius or Paul'/ 2o7. Lucretius, philosophy of, 262. suicide of, 294. traits of, 2(51. Luther, Martin, theses of, 50. Luther, his protesting conscience, 78. Lutherans cajoled, 182. Machinery, effect of the introduction of, 19. influence of. 20. Mackintosh, Sir James, on interven- tion, 129. Man, antiquity of, 322. the centre about which church and state revolve, 75. the nature of, 28;!. for the state, theory of, 75. traits of, 260. Manning, Cardinal, on papal power, 73, 74. on papal restrictions, 85. Materialism, method of, 269. would explode society, 26. Mathematical certainty, 213. Mathematician, habits of the, 203. Mathematics and science, 202. Matter imperishable according to Lu- cretius, 274. Mazzini, Joseph, on materialism, 295. Mechanical theory, the, 308. Mediation guarantied bv the treaty of Paris, 181. Menzel, Wolfgang, 62, 71. Methodism and mysticism follow skep- ticism, 24. Mildmay, Sir Walter, on Jesuits in Germany, 46. Military service a detriment to young men, 99. Military system, the, of Europe, 27. Mill, E". J", 269. Mill, J. S., irreligious education of, 224. Mill and Comte, religion of, 239. Mind, freedom of the, 22. existence of, asserted by con- sciousness, 326. human, must be the agent to compute the Universal mind, 312. must record experience, 312. Miraculous, the, rejected by material- ism, 292. Missionaries, Protestant, in Turkey, on religious liberty, 128. Mommsen, Theodor, on Roman re- ligion, 227. Monism, the, of Von Haercmbach, 307. Moral certainty, 197. Moral forces, power of, 34. Mul ford, Elisha, defines the word Na- tion, 54. Miiller, Max, on science and religion, 219. Myths, the perpetuity of, 208. INDEX. 337 i, Professor C. von, 212. Napoleon, mercenary use of war by, 170. on the laws of war, 105. Nation, d.-tined, 53, 54. National autonomy must be effected, 72. spirit in France, 12. unity, drift towards, 11. Nationalism realized in the .empire of Germany and the kingdom of Italy, 86. Nationality established in Germany, 67. growth of the idea of, 52, 65. and paparchy, struggle between, 87. rise of, in Europe, 12. Nations, solidarity of the, 120. Nature defined, 240. interpretations of, 307. the Latin view of, 241. spontaneous work of, according to Lucretius, 276. worship of, 242. Nepotism at Koine, 49. Netherlands, cost of its army, 99. Neutrals, rules by which they are bound, 137. New Zealand Question, the, 113. Nexus, the, of design, 330. Nobility cheapened in Spain, 10. Nootka Sound, contest for, 112. Norway, cost of her army, 99. Nothingness inconsistent with a begin- ning, 328. Occupation a presumptive right to soil, 110. to be valid must be serviceable, 113. what is it ? 111. Opium trade in China, 117, 118. Orders, the privileged, decline of, 9. Over-production, evils of, 21. Palestine, schools of, 261. Paley, his design-argument, 317. the failure of, 300. objections to, 303. views of, restated, 305. Panagurishta, outrages at, 122. Papacy, the claims of, 44. growth of the power of, 44. influence of, 7, 8. opposed to modern society, 68. a political power, 36. power of, not compatible with the welfare of the nations, 41. pretensions of, 8. Papal infallibility, 25. 22 Papal supremacy asserted, 5!). Paparchy and nationality, 33. the, opposed by Prussia, 80. Papers, diplomatic, publication of, 90. Paradise not created by individual freedom, 29. Paris, treaty of. character of. 142, 146. violated by Kussia, 179. Parliament, the German, duration of. 94. influence of a, 9. influence of, in Germany, 10. suggestion for an international, 131. Parties, strife of, in America, 7. Patriotism not appropriate to material- ists, 285. Patriots, European, 4. Paul, character of, 201. death of, 295. doctrines of, 289. theism of, 278. Paul V. asserts the power of the keys, 60. Peace insured by a large army, 98. of the world, right of the powers to preserve, 125. Peasantry, effect of military life on, 99. Pellico, Silvio, 5. Penn, William, and the Indians, 112. People, the cause of the, 18. enlightenment of, demanded, 16. growing influence of, 8. rights and liberties of, 33. their interest in government in Sweden in 1815, 4. Peoples above parties, 9. Persecution, interference against, 130. religious, in Kussia, 182. Personality, 207. Persons, questions regarding, to be set- tled by arbitraiion, 102. Philanthropy incompatible with a ma- terialistic theory, 287. Philip the Fair, of France, 46. I'hillimore on the nature of treaties, 137. on occupation, 111. Philosophic vs. scientific thought, 24. Philosophy, defined by Hegel, 210? is it a science ? 187. and science, 195. the highest of sciences, 217. Pilgrim Fathers, practice of the, 250. Piracy suppressed by the United States, 126". Pirates under the laws of nations, 121. Pius IX. follows the example of Greg- ory IX., 41. his antagonism to modern soci- ety, 8. 338 INDEX. Plebiscitum, Ihe, of Napoleon, 26. Police of the world, how far to be con- ducted by Christian nations, 109, 124. Political economy, science of, 20. Politics, clerical control in, doomed, 9. Polytheism based on monotheism, 237. Pope, the, claims of to all the baptized, 35. and Kaiser, rivals, 49. interference of the, in affairs of state, 35. overthrow of the temporal power of, 4. power of, in the church of Rome, 73. result of the abolition of his temporal power, 7. universal sovereignty of, 34, 37. Positive philosophy, 221. Positiveism, 239. Potterv, ancient, 322. Pottha'ust, Dr. A., 41. Power, civil and ecclesiastical, con- trasted, 79. civil, tributary to spiritual, 40. ecclesiastical in the 16th cen- tury, 55. spiritual, centralization of, 39. Prerogative, decline of, 9. Press, limitations on, in papal lands, 15. Pressense", E. de, 33, 62. on papal infallibility, 47. Prevision, the, of Nature." 319. Priests and politics in Italy, 8. Princes, lay figures, 10. league of, in the time of Luther, 10. scarcity of, in Germany, 9. their ornamental nature, 10. Principles formulated in treaties, 136. Progress, material, benefits of, 19. political, in Europe from 1815 to 1878, 4. Property in brain -work, 162. Protestantism allies itself with princes, 50, 51. progress of, 55, 63. repulsed, 58. Providence, Hume on, 313. Prussia, Church and State in, 85. ecclesiastical law in, 83. intellectual and theological free- dom in, 82. the leader of Germany, 14. opposed to the paparchy, 80. position of, 66. schools in, 13, 14. true to the pact of "Westphalia, 64. upholding religious liberty, 33. Public worship bill, the English, 85. Publication, compulsorj', 155. Publishers, courtesy among, 161. Puritans, moderation of, in New Eng- land, 112. Purpose, an intelligent, behind phe- nomena, 305. Quantics defined, 203. Ranke, History of the Popes quoted, 52, 56, 57, 58. Reaction from the Reformation, 51. Reading, the power of, for good, 15. Reason in matters of faith, 62. and the New Testament, 78. Redemption not known to materialism, 291. Reformation, the, 49, 50. gives kaiser and pope a shock, 49. progress of, 56. the reaction from, 51. secured bv a league of princes, 10. Reichstag, the German, 11. Religion defined, 245. derivation of the term, 226. interference with that of non- Christian peoples, 109, 126, 129. reality of, 223. right to demand freedom of, 120. and science, straggle over, 186. a science, 218. source of, 329. views of, 223. what is it? 219, 226. Religious freedom to be demanded, 185. Religious idea, the, constancy of, 245. Republicanism not progressing in Eu- rope, 6. Resurrection, doctrine of the, 253, 254. Resurrection of the flesh, 253. Revolution, the French, a result of, 47. Rhense, diet of, in 1338, 48. Rig Veda, the, 233, 234. Rights of man not to be abrogated by treaty, 139. Rivalries among princes, 11. Robinson Crusoe'n footprint, 311. Rome, Church of, its aggressive policy, 55. not to be inquired of at every step, 73. Rome and Russia, parallel between, 50. Russell, Earl, letter to, 41. Russia, compulsory attendance on schools, 17. ZXDEX. 339 Russia, cost of her army, 98. education in, 10. modification of the power of the Czar of, 5. more Asiatic than European, 3. shall England side witliV 175, 185. violates the treaty of Paris, 178. Savages, right of Christian nations against, 114. Savigny, Friedrich Karl von, on the paramount nature of right, 125. Sayce, Professor A. H., on Babylonian religion, 236. Schism, the great, 49. Schools, public, in Europe, 13. Schuyler, Eugene, on the Turkish out- rages in Bulgaria, 122. Science advanced by imagination rather than by experience, 314. contents of the'term, 209. defined by Aristotle, 215. definition of, 218. generation of, 199. in the remote past r 299. looks forward, 314. modern, anticipated bv Lucre- tius, 263, 264, 267. and religion, struggle over, 186. what is it? 186, 210. the work of, 324. Sciences, their influence, 21. Secchi, teaching the doctrines of Gal- ileo, 23. Sectarianism not to be supported by treaty, 139. Sects slightly encouraged to propa- gandism, 24. no right to interfere in behalf of, 130. Seen and unseen, relations of the, 271. Self-consciousness, 205. Sense refuted by reason, 272. Senses, the, cannot account for man and the universe, 273. cannot be refuted, according to Lucretius, 275. not the liual judge upon truth, 272. Servia, intervention in, 143. violates the treaty of Paris, 179. Serviceable occupation, 113. Shakespeare on conscience, 78. quoted, 86, 87. and Dante on ingratitude, 281. his science in mental philosophy, 188. Signs of the Times (1877), 1. Skepticism the reaction from supersti- tion, 23. vs. inquiry, 23. Slavery, abolition of, 20. Slave-trade, movement against, 121. Social amelioration, 20. Socialism in Germany, dangers of, 32. repression of, by government, Society in Euro]>e far from sound, 22. a fundamental law of, 30. conflicting theories of, 74, 75. dependent upon responsibility, 26. secularization of, 47. the reconstruction of, slow, 18. Soldier's calling, the, the mark of na- tional unity, 12. Solidarity, the, of members of modern society, 34. of nations, 120. Somme, shaped flint stones in the, 311. Soul, fate of, according to Lucretius, 276. Soul-rights, struggle for, 49, 50. South, Robert, on ingratitude, 282. Sovereignty inherent in a nation, 54. Scriptural doctrine of, 76. of the state, 79. titles of, in Germanv in 1815, 11. Spain and France, national" life in, 53. Spain, vicissitudes of, 4. Speculation, Huxley on, 325. Spencer, Herbert, on the home of science, 199. Spinoza, on the method of self-con- sciousness, 204. State and Church opposed, 61. State, sovereignty of, 75, 79.. Stephen, Leslie, on Hume and Paley, 300. Stewart, Balfour, on force and sound, 193, 194. Suffrage, limited in France in 1814, 3. in Prussia, 14. Superintendence of labor, 30. Superstition, growth of, 23. Supremacy of the Pope, 39. Survival of the fittest, 297. Sweden, cost of her army, 99. Svllabus, the, of the Vatican Council, "45. Sylvester, Professor, defines qualities, "203. Taine, Henri, on Italv, old and new, 20. on the magnitude of states, 30. Teachers of religion, normal influence of, 9. Teleology not a Christian invention, 317. INDEX. Teleology, remarks on, 307. Territory, acquisition of from non- Christian peoples, 109. disputes concerning, to be settled by arbitration, 102. Thanksgiving, reasons for, in America, 258. a superstition to the materialist, 280. Theism or materialism the issue, 259. the, of Paul, 279. Theistic idea, plasticity of, 296. Theology, comparative, 221. how much a war of words, 189. Thomson, Archbishop, on rules of def- inition, 187. Thomson, Sir William, his reference to Lucretius, 208. Thought, the, of the Infinite Mind, 307. stagnation of, in the Catholic Church, 15. Tiepolo, Paolo, reports rumors about Home, 57. Tillman, S. D., 269. Tischendorf protests against persecu- tion, 183. Titles of sovereignty in Germany, in 1815, 11. Tocoueville, Alexis de, tendency of political philosophy of, 25. Trade and labor, laws of, 18. Traffic, if corrupting, to be discoun- tenanced, 117. Treaties as parts of the laws of nations, 132. cannot be annulled by one party alone, 145. contracts, 136. inviolability of, 173. may not have -secret clauses nullifying open professions, 139. the positive value of, 140. should be codified, 148. should be inviolable, 141. Treaty obligation, state of, 142. "of Paris violated, 178, 179. Trendelenburg, Professor Friedrich Adolf, belief of, 222. Troglodytes not so barbarous as war- ring men, 28. Truth and light, 252. sought by scientists, 225. what is it, 225. Turkey, abhorrence of, in England, 177. breach of faith by, 176. broken pledges o'f, 123, 178. pledges immunities to Christian subjects, 177. Turkey, its position among nations ac- cording to the treaty of Paris, 143. schools in, 16. Turner, F. S., on the British opium policy, 117, 118. Twiss, "Sir Travcrs, on Africa and the slave states, 108. Tyndall, John, his limits of knowl- edge, 208. on purpose in Nature, 321. on the religious sentiment, 194. teleology of, 318. Tyranny of ecclesiastical power, 79. Ultramontanism in France, 47. opposed to liberty, 33. the struggle with, 10. Ultramontanists opposed to German nationality, 63. Union, the German, 67. Union bv strength, 66. United States behind Europe in pop- ular education, 13. copyright in, 150, 160. influence of the, in Europe, 6. influence of religious teachers in, 9. interested in the ecclesiastical conflict in Germany, 34. as a Nation, the, lectures on, 257. position of, in the progress of liberty, 32. possible religious struggle in, 82. right of, to Indian lands, 111. Unity, the, of Germany, 11. of Italy, 11. national, drift towards, 11. of the spiritual essence in Indian religion, 233. Universe, the, cannot be accounted for by the senses, 273. scheme of the, according to Paul, 277. two systems of the, 279. Unknown god, the, 279. Unscientific reasoning, 273. . Usucaption, Calvo on, 110. Utility fallen into disrepute, 329. Vatican decrees, Gladstone on the, 81. Vattel on occupation, 111. Vedas, religion of the, 232. Victor Emmanuel, government of, 19. and the people, 8. Vienna, Congress of (1815), 3, 11. Virchow, Professor K., 212. 214. Vitalism not accounted for by mech- anism, 308. INDEX. 341 "Von," cheapness of the German ti- tle, 9. Wallace, William, his "Philosophy of Hegel," 328. War, aggressive, how to be justified, 172. changed character of, 12. danger that it mav become a commercial speculation, 170. for conquest, ambition, or re- venge, not to be sanctioned 172. indemnity, right of, 168. its province, 148, 149. mercenary use of, by Napoleon, 170. party not known in Germany, 100. readiness of Germany for, 95. temptation to, from a standing army, 98. Wars and commotions of 1877, 1. Washington recognized God in Amer- ican history, 258. Watches, arguments from, 310. Webster, Noah, on rights in brain- work, 162. Westphalia, peace of, 50, 51, 00, 04. Wheaton on the right to use force, 115. Whewell defines science, 210. William, Emperor, his correspondence with the Pope, 41. Woman, her right to labor, teach, and talk, 22. Words, meanings of, 189. wars of, 189. Workingman, advantages of the mod- ern, 20. opportunity of, 19. Workingmen, influence of reading upon, 15. Worship, freedom of, 63. Wrong cannot be sanctioned by treaty, 138. Zeller, Dr. E., of Berlin, on interpre- tations of nature, 307. on science, 216. UNIVERSITY OF CALIFORNIA, LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below FEB 9- 1953 UNIVERSITY OF CALJFQWm AT LOS ANGELES 1C 8 Anericen com- FEB 9- A A 000038709 AC8 T37a