The Evidence in the Case Part 1

The Evidence in the Case.

by James M. Beck and Joseph H. Choate.

INTRODUCTION

BY THE HON. JOSEPH H. CHOATE, FORMER AMERICAN AMBa.s.sADOR TO GREAT BRITAIN[1]

[Footnote 1: Reprinted, by permission, from the N. Y. _Times_.]

For five months now all people who read at all have been reading about the horrible war that is devastating Europe and shedding the best blood of the people of five great nations. In fact, they have had no time to read anything else, and everything that is published about it is seized upon with great avidity. No wonder, then, that Mr. James M.

Beck's book, _The Evidence in the Case_, published by G. P. Putnam's Sons, which has grown out of the article by him contributed to the New York _Times_ Sunday Magazine, has been warmly welcomed both here and in England as a valuable addition to the literature of the day.

An able and clear-headed lawyer and advocate, he presents the matter in the unique form of a legal argument, based upon an a.n.a.lysis of the diplomatic records submitted by England, Germany, Russia, France, and Belgium, as "A Case in the Supreme Court of Civilization," and the conclusions to be deduced as to the moral responsibility for the war.

The whole argument is founded upon the idea that there is such a thing as a public conscience of the world, which must and will necessarily pa.s.s final judgment upon the conduct of the parties concerned in this infernal struggle. Many times in the course of the book he refers emphatically to that "decent respect to the opinions of mankind" to which Jefferson appealed in our Declaration of Independence as the final arbiter upon our conduct in throwing off the British yoke and declaring our right to be an independent nation. That this "public opinion of the world" is the final tribunal upon all great international contests is ill.u.s.trated by the fact that all mankind, including Great Britain herself, has long ago adjudged that our great Declaration was not only just, but necessary for the progress of mankind.

It is evident from his brief preface that Mr. Beck is a sincere admirer of historic Germany, and on the eve of the war he was at Weimar, after a brief visit to a little village near Erfurt, where one of his ancestors was born, who had migrated at an early date to Pennsylvania, a Commonwealth whose founder had made a treaty with the Indians which, so far from being treated as a "mere sc.r.a.p of paper,"

was never broken. Like many Americans, Mr. Beck is of mixed ancestry, being in part English and in part Swiss-German. He has therefore viewed the great question objectively, and without any racial prejudice.

A careful study of the diplomatic correspondence that preceded the outbreak of the war had convinced Mr. Beck that Germany was chiefly responsible for it, and he proceeds _con amore_ to demonstrate the truth of this conviction by the most earnest and forceful presentation of the case.

Forensic lawyers in the cases they present are about half the time on the wrong side, or what proves by the final judgment to have been the wrong side, but it is always easy to tell from the manner of presentation whether they themselves are thoroughly convinced of the justice of the side which they advocate. It is evident that Mr. Beck did not undertake to convince "the Supreme Court of Civilization"

until he was himself thoroughly persuaded of the justice of his cause, that the invasion of Belgium by Germany was not only a gross breach of existing treaties, but was in violation of settled international law, and a crime against humanity never to be forgotten, a crime which converted that peaceful and prosperous country into a human slaughterhouse, reeking with the blood of four great nations. How any intelligent lawyer could have come to any other conclusion it is not easy to imagine, since Germany confessed its crime while in the very act of committing it, for on the very day that the German troops crossed the Belgian frontier and hostilities began, the Imperial Chancellor at the great session of the Reichstag on August 4th declared, to use his own words:

Necessity knows no law. Our troops have occupied Luxemburg, and have possibly already entered on Belgian soil. _That is a breach of international law.... We were forced to ignore the rightful protests of the Governments of Luxemburg and Belgium, and the injustice--I speak openly--the injustice we thereby commit, we will try to make good as soon as our military aims have been attained._ Anybody who is threatened as we are threatened and is fighting for his highest possessions can have only one thought--how he is to hack his way through.

Thank G.o.d, their military aims have not yet been attained, and from present appearances are not likely to be, but, as Mr. Beck believes, Germany will still be held by the judgment of mankind to make good the damage done.

In reviewing the diplomatic correspondence published by Germany that preceded the outbreak of the war, Mr. Beck lays great stress, and we think justly, upon the obvious suppression of evidence by Germany, in omitting substantially all the important correspondence on vital points that pa.s.sed between Germany and Austria, and the suppression of important evidence in judicial proceedings always carries irresistible weight against the party guilty of it. While England and France and Russia were pressing Germany to influence and control Austria in the interests of peace, not a word is disclosed of what, if anything, the German Foreign Office said to Austria toward that end. To quote Mr.

Beck's own words:

Among the twenty-seven communications appended to the German _White Paper_, it is most significant that not a single communication is given of the many which pa.s.sed from the Foreign Office of Berlin to that of Vienna, and only two which pa.s.sed from the German Amba.s.sador in Vienna to the German Chancellor, and the purpose of this suppression is even more clearly indicated by the complete failure of Austria to submit any of its diplomatic records to the scrutiny of a candid world.

Notwithstanding the disavowal given by the German Amba.s.sador at Petrograd to the Russian Minister of Foreign Affairs, that the German Government had no knowledge of the text of the Austrian note before it was handed in, and did not exercise any influence on its contents, Mr. Beck establishes clearly by the admissions of the German Foreign Office itself that it was consulted by Austria previous to the ultimatum, and that it not only approved of its course, but literally gave to Austria _carte blanche_ to proceed. And the German Amba.s.sador to the United States formally admitted in an article in _The Independent_ of September 7, 1914, that "Germany had approved in advance the Austrian ultimatum to Servia."

This brutal ultimatum by a great nation of fifty millions of people, making impossible demands against a little one of four millions which had itself just emerged from two conflicts and was still suffering from exhaustion--an ultimatum which set all the nations of Europe in agitation--is proved to have been jointly concocted by the two members of the Triple Alliance, Germany and Austria. But the third member of that Alliance, Italy, found it to be an act of aggression on their part which brought on the war, and that the terms of the Triple Alliance, therefore, did not bind her to take any part.

The peace parleys which pa.s.sed between the several nations involved are carefully reviewed by Mr. Beck, who concludes, as we think justly, that up to the 28th of July, when the German Imperial Chancellor sent for the English Amba.s.sador and announced the refusal of his Government to accept the conference of the Powers proposed by Sir Edward Grey, every proposal to preserve peace had come from the Triple Entente, and that every such proposal had met with an uncompromising negative from Austria, and either that or obstructive quibbles from Germany.

At this point, the sudden return of the Kaiser to Berlin from his annual holiday in Norway, which his own Foreign Office regretted as a step taken on his Majesty's own initiative and which they feared might cause speculation and excitement, and his personal intervention from that time until his troops invaded Luxemburg and he made his abrupt demand upon the Belgian Government for permission to cross its territory are reviewed with great force and effect by Mr. Beck, with the conclusion on his part that the Kaiser, who by a timely word to Austria might have prevented all the terrible trouble that followed, was the supremely guilty party, and that such will be the verdict of history.

Mr. Beck's review of the case of Belgium is extremely interesting, and his conclusion that England, France, Russia, and Belgium can await with confidence the world's final verdict that their quarrel was just, rests safely upon the plea of "Guilty" by Germany, a conclusion which seems to have been already plainly declared by most of the civilized nations of the world.

We think that Mr. Beck's opinion that England and France were taken unawares and were wholly unprepared for war is a little too strongly expressed. France, certainly, had been making ready for war with Germany ever since the great conflict of 1870 had resulted in her loss of Alsace and Lorraine, and had had a fixed and unalterable determination to get them back when she could, although it is evident that she did not expect her opportunity to come just when and as it did. That Great Britain had no present expectation of immediate war with Germany is clearly obvious. That she had long been apprehending the danger of it in the indefinite future is very clear, but that Sir Edward Grey and the Government and the people that he represented did all that they possibly could to prevent the war seems to be clearly established.

Mr. Beck's book is so extremely interesting from beginning to end that it is difficult when once begun to lay it down and break off the reading, and we shall not be surprised to hear, not only that it has had an immense sale in England and America, but that its translation into the languages of the other nations of Europe has been demanded.

JOSEPH H. CHOATE.

NEW YORK, January 10, 1915.

FOREWORD

On the eve of the Great War I sat one evening in the reading room of the Hotel Erbprinz in cla.s.sic Weimar. I had spent ten happy days in Thuringia, and had visited with deep interest a little village near Erfurt, where one of my forbears was born. I had seen Jena, from whose historic university this paternal ancestor had gone as a missionary to North America in the middle of the eighteenth century. This simple-minded German pietist had cherished the apparent delusion that even the uncivilized Indians of the American wilderness might be taught--the Bernhardis and Treitschkes to the contrary notwithstanding--that to increase the political power of a nation by the deliberate and highly systematized destruction of its neighbors was not the truest political ideal, even of an Indian tribe.

This missionary had gone most fittingly to the Commonwealth of Pennsylvania, where its enlightened founder had already given a demonstration of the truth that a treaty of peace, even though not formally expressed in a "sc.r.a.p of paper," might be kept by white men and so-called savages with scrupulous fidelity for at least three quarters of a century, for even the cynical Voltaire said in sincerest admiration that the compact between William Penn and the Indians was the only treaty which was never reduced to parchment, nor ratified by an oath and yet was never broken. When Penn, the great apostle of peace, died in England, a disappointed, ruined, and heart-broken man, and the news reached the Indians in their wigwams along the banks of the Delaware, they had for him, whom they called the "white Truth Teller" so deep a sense of grat.i.tude that they sent to his widow a sympathetic gift of valuable skins, in memory of the "man of unbroken friends.h.i.+p and inviolate treaties."

These reflections in a time of broken friends.h.i.+ps and violated treaties are not calculated to fill the man of the twentieth century with any justifiable pride.

My mind, however, as I spent the quiet evening in the historic inn of Thackeray's Pumpernickel, did not revert to these far distant a.s.sociations but was full of other thoughts suggested by the most interesting section of Germany, through which it had been my privilege to pa.s.s.

I had visited Eisenach and reverentially stood within the room where the great master of music, John Sebastian Bach, had first seen the light of day, and as I saw the walls that he loved and which are forever hallowed because they once sheltered this divine genius, the question occurred to me whether he may not have done more for Germany with his immortal harmonies, which are the foundation of all modern music, than all the Treitschkes, and Bernhardis, with their gospel of racial hatred, pseudo-patriotism, and imperial aggrandizement.

I had climbed the slopes of the Wartburg and from Luther's room had gazed with delight upon the lovely Thuringian forests. Quite apart from any ecclesiastical considerations that room seemed to suggest historic Germany in its best estate. It recalled that scene of undying interest at the Diet of Worms, when the peaceful adherence to an ideal was shown to be mightier than the power of the greatest empire since the fall of Rome. The monk of Wittenburg, standing alone in the presence of the great Emperor, Charles the Fifth, and the representatives of the most powerful religious organization that the world has ever known, with his simple, "_Hier stehe ich; ich kann nicht anders,_" represented the truest soul and highest ideal of the n.o.bler Germany.

These and other glorious memories, suggested by Eisenach, Frankfort, Erfurt, Weimar, Jena, and Leipzig, made this pilgrimage of intense interest, and almost the only discord was the sight of the Leipzig Voelkerschlacht Denkmal, probably the largest, and certainly the ugliest monument in all the world. It has but one justification, in that it commemorates war, and no monument ever more fully symbolized by its own colossal crudity the moral ugliness of that most ghastly phenomenon of human life. Let us pray that in the event of final victory Prussia will not commission the architects of the Leipzig monument, or the imperial designer of the Sieges-Allee to rebuild that Gothic masterpiece, the Rheims Cathedral. That day in Leipzig an Alsatian cartoonist, Hansi, had been sentenced to one year's imprisonment for a harmless cartoon in a book for children, in which the most supersensitive should have found occasion for nothing, except a pa.s.sing smile.

On the library table of the Erbprinz, I found a large book, which proved to be a Bismarck memorial volume. It contained hundreds of pictures glorifying and almost deifying the Iron Chancellor. One particularly arrested my attention. It was the familiar picture of the negotiations for peace between Bismarck and Jules Favre in the terrible winter of 1871. The French statesman has sunk into a chair in abject despair, struck speechless by the demands of the conqueror.

Bismarck stands triumphant and his proud bearing and arrogant manner fail to suggest any such magnanimous courtesy as that with which Grant accepted the sword of Lee at Appomattox. The picture breathed the very spirit of "_vae victis_." Had a French artist painted this picture, I could understand it, for it would serve effectively to stimulate undying hatred in the French heart. It seemed strange that a German artist should treat a subject, calling for a spirit of most delicate courtesy, in a manner which represented Prussian militarism in its most arrogant form.

This unworthy picture reminded me of a later scene in the Reichstag, in which the Iron Chancellor, after reviewing with complacency the profitable results of Germany's deliberately provoked wars against Denmark, Austria, and France, added the pious e.j.a.c.u.l.a.t.i.o.n:

_Wir Deutsche furchten Gott sonst nichts in der Welt._ (We Germans fear G.o.d but nothing else in the world.)

It is not necessary to impeach the sincerity of this pious glorification of the successful results of land grabbing. The mind in moments of exaltation plays strange tricks with the soul. Bismarck may have dissembled on occasion but he was never a hypocrite. It is the spirit which inspired this boastful and arrogant speech, which has so powerfully stimulated Prussian Junkerism, to which I wish to refer.

Had an American uttered these words we would have treated the boast as a vulgar exhibition of provincial "spread-eagleism," such as characterized certain cla.s.ses in this country before the Civil War, and which Charles d.i.c.kens somewhat over-caricatured in _Martin Chuzzlewit_, but in the mouth of Bismarck, with his cynical indifference to moral considerations in questions of statecraft, this piece of rhetorical _spread double-eagleism_, manifests the spirit of the Prussian military caste since its too easy triumph over France in 1870-1871, a triumph, which may yet prove the greatest calamity that ever befell Germany, not only in the seeds of hatred which it sowed, of which there is now a harvest of blood past precedent, but also in the development of an arrogant pride which has profoundly affected to its prejudice the n.o.ble Germany of Luther, Bach, Beethoven, Goethe, Schiller, Kant, Humboldt, and Lessing.

To say that Germany "fears" nothing save G.o.d is contradicted by its whole diplomatic history of the last half century. In this it is not peculiar. The curse of modern statecraft is the largely unreasoning fear which all nations have of their neighbors. England has feared Germany only less than Germany has feared England and this nervous apprehension has bred jealousy, hatred, suspicion, until to-day all civilized nations are reaping a harvest horrible beyond expression.

The whole history of Germany since 1870 has shown a constant, and at times an unreasoning fear, first of France, then of the Slav, and latterly and in its most acute form, of England. I do not mean that Germany has been or is now animated by any spirit of craven cowardice.

There has not been in recorded history a braver nation, and the dauntless courage with which, even at this hour, thousands of Germans are going with patriotic songs on their lips to "their graves as to their beds," is worthy of all admiration.

The whole statecraft of Germany for over forty years has been inspired by an exaggerated apprehension of the intentions of its great neighbors. This fear followed swiftly upon the triumph of 1871, for Germany early showed its apprehension that France might recover its military strength. When that fallen but indomitable foe again struggled to its feet in 1875, the Prussian military caste planned to give the stricken gladiator the _coup de grace_ and was only prevented by the intervention of England and Russia. Later this acute and neurotic apprehension took the form of a hatred and fear of Russia, and this notwithstanding the fact that the Kaiser had in the Russo-j.a.panese War exalted the Czar as the "champion of Christianity"

and the "representative of the white race" in the Far East.

When the psychology of the present conflict is considered by future historians, this neuropathic feature of Germany's foreign policy will be regarded as a contributing element of first importance.

Latterly the _Furor Teutonicus_ was especially directed against England, and although it was obvious to the dispa.s.sionate observer in neutral countries that no nation was making less preparations or was in point of fact so illy prepared for a conflict as England, nevertheless Germany, with a completeness of preparation such as the world has never witnessed, was constantly indulging in a very hysteria of fear at the imaginary designs of England upon Germany's standing as a world power.

Luther's famous saying, already quoted, and Bismarck's bl.u.s.tering speech to the Reichstag measure the difference between the Germany of the Reformation and the Prussia of to-day.