CHAPTER IX

“Let my disclaiming from a purposed evilFree me so far in your most generous thoughts,That I have shot mine arrow o’er the house,And hurt my brother.”

The callous disregard by Germany of the rights of Belgium is one of the most shocking exhibitions of political iniquity in the history of the world.

That it has had its parallel in other and less civilized ages may be freely admitted, but until German scientists, philosophers, educators, and even doctors of divinity attempted to justify this wanton outrage, it had been hoped that mankind had made some progress since the times of Wallenstein and Tilly.

The verdict of Civilization in this respect will be little affected by the ultimate result of the war, for even if Germany should emerge from this titanic conflict as victor, and become, as it would then undoubtedly become, the first power in the world, it would none the less be a figure for the “time of scorn to point his slow unmoving finger at.” To the eulogists of Alexander the Great, Seneca was wont to say, “Yes, but he murdered Callisthenes,” and to the eulogists of victorious Germany,if indeed it shall prove victorious, the wise and just of all future ages will say, “Yes, but it devastated Belgium.”

The fact that many distinguished and undoubtedly sincere partisans of Germany have attempted to justify this atrocious rape, suggests a problem of psychology rather than of logic or ethics. It strongly illustrates a too familiar phenomenon that great intellectual and moral astigmatism is generally incident to any passionate crisis in human history. It shows how pitifully unstable the human intellect is when a great man like Dr. Haeckel, a scholar and historian like Dr. von Mach, or a doctor of divinity like Dr. Dryander, can be so warped with the passions of the hour as to ignore the clearest considerations of political morality.

At the outbreak of the present war Belgium had taken no part whatever in the controversy and was apparently on friendly relations with all the Powers. It had no interest whatever in the Servian question. A thrifty, prosperous people, inhabiting the most densely populated country of Europe, and resting secure in the solemn promises, not merely of Germany, but of the leading European nations that its neutrality should be respected, it calmly pursued the even tenor of its way, andwas as unmindful of the disaster, which was so suddenly to befall it, as the people of Pompeii were on the morning of the great eruption when they thronged the theatre in the pursuit of pleasure and disregarded the ominous curling of the smoke from the crater of Vesuvius.

On April 19, 1839, Belgium and Holland signed a treaty which provided that “Belgium forms an independent state of perpetual neutrality.” To insure that neutrality, Prussia, France, Great Britain, Austria, and Russia on the same date signed a treaty, by which it was provided that these nations jointly “became the guarantors” of such “perpetual neutrality.”

In his recent article on the war, George Bernard Shaw, who is inimitable as a farceur but not quite convincing as a jurist, says:

As all treaties are valid onlyrebus sic stantibus, and the state of things which existed at the date of the Treaty of London (1839) had changed so much since then ... that in 1870 Gladstone could not depend on it, and resorted to a special temporary treaty not now in force, the technical validity of the 1839 treaty is extremely doubtful.

Unfortunately for this contention, the Treaty of 1870, to which Mr. Shaw refers, provided forits own expiration after twelve months and then added:

And on the expiration of that time the independence and neutrality of Belgium will, so far as the high contracting parties are respectively concerned, continue to rest as heretofore on the 1st Article of the Quintuple Treaty of the 19th of April, 1839.

Much has been made by Mr. Shaw and others of an excerpt from a speech of Mr. Gladstone in 1870. In that speech, Mr. Gladstone, as an abstract proposition, declined to accept the broad statement that under all circumstances the obligations of a treaty might continue, but there is nothing to justify the belief that Mr. Gladstone in any respect questioned either the value or the validity of the Treaty of 1839 with respect to Belgium.

Those who invoke the authority of Gladstone should remember that he also said:

We have an interest in the independence of Belgium which is wider than that which we may have in the literal operation of the guarantee. It is found in the answer to the question whether, under the circumstances of the case, this country, endowed as it is with influence and power, would quietly stand by and witness the perpetration of the direst crime that ever stained the pages of history, and thus become participators in the sin.

These words of the great statesman read as a prophecy.

While these treaties were simply declaratory of the rights, which Belgium independently enjoyed as a sovereign nation, yet this solemn guarantee of the great Powers of Europe was so effective that even in 1870, when France and Germany were locked in vital conflict, and the question arose whether Prussia would disregard her treaty obligation, the Iron Chancellor, who ordinarily did not permit moral considerations to warp his political policies, wrote to the Belgian minister in Berlin on July 22, 1870:

In confirmation of my verbal assurance, I have the honor to give in writing a declaration, which, in view of the treaties in force,is quite superfluous, that the Confederation of the North and its allies (Germany) will respect the neutrality of Belgium on the understanding of course that it is respected by the other belligerent.

At that time, Belgium had so fine a sense of honor, that although it was not inconsistent with the principles of international law, yet in order to discharge her obligations of neutrality in the spirit as well as the letter, she restricted the clear legal right of her people to supply arms and ammunitionto the combatants, thus construing the treaty to her own disadvantage.

It can be added to the credit of both France and Prussia that in their great struggle of 1870-71, each scrupulously respected that neutrality, and France carried out her obligations to such an extreme that although Napoleon and his army could have at one time escaped from Sedan into Belgium, and renewed the attack and possibly—although not probably—saved France, if they had seen fit to violate that neutrality, rather than break the word of France the Emperor Napoleon and his army consented to the crowning humiliation of Sedan.

In the year 1911, in the course of a discussion in Belgium in respect to the fortifications at Flushing, certain Dutch newspapers asserted that in the event of a Franco-German war, the neutrality of Belgium would be violated by Germany. It was then suggested that if a declaration were made to the contrary in the Reichstag, that such a declaration, “would be calculated to appease public opinion and to calm its suspicions.”

This situation was communicated to the present German Chancellor, von Bethmann-Hollweg, who instructed the German Ambassador at Brussels to assure the Belgian Foreign Minister,

that he was most appreciative of the sentiment which had inspired our [Belgium’s] action.He declared that Germany had no intention of violating our neutrality, but he considered that by making a declaration publicly, Germany would weaken her military preparation with respect to France, and being reassured in the northern quarter would direct her forces to the eastern quarter.[84]

Germany’s recognition of the continuing obligation of this treaty was also shown when the question of Belgium’s neutrality was suggested at a debate in the Reichstag on April 29, 1913. In the course of that debate a member of the Social Democratic Party said:

In Belgium the approach of a Franco-German war is viewed with apprehension, because it is feared that Germany will not respect Belgian neutrality.[85]Herr von Jagow, Secretary of State for Foreign Affairs, replied: “The neutrality of Belgium is determined by international conventions, and Germany is resolved to respect these conventions.”This declaration did not satisfy another member of the Social Democratic Party. Herr von Jagow observed that he had nothing to add to the clear statement which he had uttered with reference to the relations between Germany and Belgium.In reply to further interrogations from a member of the Social Democratic Party, Herr von Heeringen,Minister of War, stated: “Belgium does not play any part in the justification of the German scheme of military reorganization; the scheme is justified by the position of matters in the East. Germany will not lose sight of the fact that Belgian neutrality is guaranteed by international treaties.”A member of the same party, having again referred to Belgium, Herr von Jagow again pointed out that his declaration regarding Belgium was sufficiently clear.[86]

In Belgium the approach of a Franco-German war is viewed with apprehension, because it is feared that Germany will not respect Belgian neutrality.[85]

Herr von Jagow, Secretary of State for Foreign Affairs, replied: “The neutrality of Belgium is determined by international conventions, and Germany is resolved to respect these conventions.”

This declaration did not satisfy another member of the Social Democratic Party. Herr von Jagow observed that he had nothing to add to the clear statement which he had uttered with reference to the relations between Germany and Belgium.

In reply to further interrogations from a member of the Social Democratic Party, Herr von Heeringen,Minister of War, stated: “Belgium does not play any part in the justification of the German scheme of military reorganization; the scheme is justified by the position of matters in the East. Germany will not lose sight of the fact that Belgian neutrality is guaranteed by international treaties.”

A member of the same party, having again referred to Belgium, Herr von Jagow again pointed out that his declaration regarding Belgium was sufficiently clear.[86]

On July 31, 1914, the Belgian Foreign Minister, in a conversation with Herr von Below, the German Minister at Brussels, asked him whether he knew of the assurance which, as above stated, had been given by von Bethmann-Hollweg through the German Ambassador at Brussels to the Government at Belgium in 1911, and Herr von Below replied that he did, and added, “that he was certain that the sentiments to which expression was given at that time had not changed.”

Thuson July 31, 1914, Germany, through its accredited representative at Brussels, repeated the assurances contained in the treaty of 1839, as reaffirmed in 1870, and again reaffirmed in 1911 and 1913.

Germany’s moral obligation had an additional express confirmation.

The second International Peace Conference was held at The Hague in 1907. There were present the representatives of forty-four nations, thus making as near an approach to the poet’s dream of the “federation of the world” and the “parliament of man” as has yet been possible in the slow progress of mankind.

That convention agreed upon a certain declaration of principles, and among the signatures appended to the document was the representative of His Majesty, the German Emperor.

They agreed upon certain principles of international morality, most of them simply declaratory of the uncodified international law then existing, and these were subsequently ratified by formal treaties of the respective governments, including Germany, which were deposited in the archives of The Hague. While this treatyas an express covenantwas not binding, unless all belligerents signed it, yet, it recognized an existingmoralobligation. The Hague Peace Conference proceeded to define the rights of neutral powers, and in so doing simply reaffirmed the existing international law.

The pertinent parts of this great compact, with reference to the sanctity of neutral territory, are as follows:

CONVENTION VCHAPTER I.—“THE RIGHTS AND DUTIES OF NEUTRAL POWERS”ARTICLE I.The territory of neutral Powers is inviolable.ARTICLE II.Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.ARTICLE X.The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

The territory of neutral Powers is inviolable.

Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.

The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.

Notwithstanding these assurances, it had been from time to time intimated by German military writers, and notably by Bernhardi, that Germany would, in the event of a future war, make a quick and possibly a fatal blow at the heart of France by invading Belgium upon the first declaration of hostilities, and it was probably these intimations that led the Belgian Government on July 24, 1914, to consider:

Whether in the existing circumstances, it would not be proper to address to the Powers, who had guaranteed Belgium’s independence and its neutrality, a communication for the purpose of confirming to them its resolution to carry out the internationalduties which are imposed upon it by treaties in the event of war breaking out on the Belgian frontiers.

Confiding in the good faith of France and Germany, the Belgian Government concluded that any such declaration was premature.

On August 2, 1914, the war having already broken out, the Belgian Foreign Minister took occasion to tell the German Ambassador that France had reaffirmed its intention to respect the neutrality of Belgium, and Herr von Below, the German Ambassador, after thanking Davignon for his information, added that up to the present he had not been

instructed to make us any official communication, but we were aware of his personal opinion respecting the security with which we had the right to regard our eastern neighbors. I [Davignon] replied at once that all we knew of the intentions of the latter, intentions set forth in many former interviews, did not allow us to doubt their [Germany’s] perfectly correct attitude toward Belgium.

It thus appears that as late asAugust 2, 1914, Germany had not given to Belgium any intimation as to its intention,and, what is more important, it had not either on that day or previously made any charge that Belgium had in any way violated its obligations of neutrality, or that France had committed any overt act in violation thereof.

On July 31, 1914, England, not unreasonably apprehensive as to the sincerity of Germany’s oft-repeated protestations of good faith, directed the English Ambassadors at Paris and Berlin to ask the respective governments of those countries “whether each is prepared to respect the neutrality of Belgium, provided it is violated by no other Power.”

This question was communicated by Sir Edward Grey to the Belgian Government, with the addition that he (Sir Edward Grey) asked that “the Belgian Government will maintain to the utmost of her power her neutrality which I desire, and expect other Powers to uphold and observe.”

Pursuant to these instructions, the English Ambassador to Paris, on the night of July 31, 1914, called upon Viviani, the Minister of Foreign Affairs, and on the same night received a reply which is reported by Sir F. Bertie to Sir Edward Grey, as follows:

French Government is resolved to respect the neutrality of Belgium, and it would be only in the event of some other Power violating that neutrality that France might find herself under the necessity, in order to assure defense of her own security, to act otherwise. This assurance has been given several times. The President of the Republic spoke of it to the King of the Belgians, and the French Ministerto Brussels has spontaneously renewed the assurance to the Belgian Minister for Foreign Affairs to-day.[87]

Confirming this, the French Minister at Brussels, on August 1st, made to the Belgian Foreign Minister the following declaration:

I am authorized to declare that in the event of an international conflict, the government of the Republic will, as it has always declared, respect the neutrality of Belgium. In the event of this neutrality not being respected by another Power, the French Government, in order to insure its own defense, might be led to modify its attitude.[88]

On July 31, 1914, the English Ambassador at Berlin saw the German Secretary of State, and submitted Sir Edward Grey’s pointed interrogation, and the only reply that was given was that “he must consult the Emperor and the Chancellor before he could possibly answer,” and the German Secretary of State very significantly added that for strategic reasons it was “very doubtful whether they would return any answer at all.”

Goschen also submitted the matter to the German Chancellor, who also evaded the question by stating that “Germany would in any case desireto know the reply returned to you [the English Ambassador] by the French Government.”

That these were mere evasions the events on the following day demonstrated.

On August 1st, Sir Edward Grey saw the German Ambassador in London, and the following significant conversation took place:

I told the German Ambassador to-day that the reply of the German Government with regard to the neutrality of Belgium was a matter of very great regret, because the neutrality of Belgium affected feeling in this country. If Germany could see her way to give the same assurance as that which had been given by France it would materially contribute to relieve anxiety and tension here. On the other hand, if there were a violation of the neutrality of Belgium by one combatant, while the other respected it, it would be extremely difficult to restrain public feeling in this country. I said that we had been discussing this question at a Cabinet meeting, and as I was authorized to tell him this I gave him a memorandum of it.He asked me whether, if Germany gave a promise not to violate Belgian neutrality, we would engage to remain neutral.I replied that I could not say that; our hands were still free, and we were considering what our attitude should be. All I could say was that our attitude would be determined largely by public opinion here, and that the neutrality of Belgium would appeal very strongly to public opinion here.I did not think that we could give a promise of neutrality on that condition alone.[89]

He asked me whether, if Germany gave a promise not to violate Belgian neutrality, we would engage to remain neutral.

I replied that I could not say that; our hands were still free, and we were considering what our attitude should be. All I could say was that our attitude would be determined largely by public opinion here, and that the neutrality of Belgium would appeal very strongly to public opinion here.I did not think that we could give a promise of neutrality on that condition alone.[89]

On the following day, August 2d, the German Minister at Brussels handed to the Belgian Foreign Office the following “highly confidential” document. After stating that “the German Government has receivedreliable information, according to which the French forces intend to march on the Meuse, by way of Givet and Namur,” and after suggesting a “fear that Belgium, in spite of its best will, will be in no position to repulse such a largely developed French march without aid,” the document adds:

It is an imperative duty for the preservation of Germany to forestall this attack of the enemy. The German Government would feel keen regret if Belgium should regard as an act of hostility against herself the fact that the measures of the enemies of Germany oblige her on her part to violate Belgian territory.[90]

Some hours later, at 1.30A.M.on August 3d, the German Minister aroused the Belgian Secretary General for the Minister of Foreign Affairs from his slumbers and,

asked to see Baron von der Elst. He told him that he was instructed by his Government to inform usthat French dirigibles had thrown bombs, and that a patrol of French cavalry, violating international law, seeing that war was not declared, had crossed the frontier.The Secretary General asked Herr von Below where these events had taken place;in Germany, he was answered. Baron von der Elst observed that in that case he could not understand the object of his communication. Herr von Below said that these acts, contrary to international law,were of a nature to make one expect that other acts contrary to international law would be perpetrated by France.[91]

The Secretary General asked Herr von Below where these events had taken place;in Germany, he was answered. Baron von der Elst observed that in that case he could not understand the object of his communication. Herr von Below said that these acts, contrary to international law,were of a nature to make one expect that other acts contrary to international law would be perpetrated by France.[91]

As to these last communications, it should be noted that the German Government, neither then nor at any subsequent time, ever disclosed to the world the “reliable information,” which it claimed to have of the intentions of the French Government, and the event shows beyond a possibility of contradiction that at that time France was unprepared to make any invasion of Belgium or even to defend its own north-eastern frontier.

It should further be noted that the alleged aggressive acts of France, which were made the excuse for the invasion of Belgium, according to the statement of the German Ambassador himself,did not take place in Belgium but in Germany.

On August 3d, at 7 o’clock in the morning, Belgium served upon the German Ambassador at Brussels the following reply to the German ultimatum, which, after quoting the substance of the German demand, continued:

This note caused profound and painful surprise to the King’s Government.The intentions which it attributed to France are in contradiction with the express declarations which were made to us on the 1st August in the name of the Government of the Republic.Moreover, if, contrary to our expectation, a violation of Belgian neutrality were to be committed by France, Belgium would fulfill all her international duties, and her army would offer the most vigorous opposition to the invader.The treaties of 1839, confirmed by the treaties of 1870, establish the independence and the neutrality of Belgium under the guarantee of the Powers, and particularly of the Government of His Majesty the King of Prussia.Belgium has always been faithful to her international obligations; she has fulfilled her duties in a spirit of loyal impartiality; she has neglected no effort to maintain her neutrality or to make it respected.The attempt against her independence, with which the German Government threatens her, would constitute a flagrant violation of international law. No strategic interest justifies the violation of that law.The Belgian Government would, by accepting the propositions which are notified to her, sacrifice the honor of the nation while at the same time betraying her duties toward Europe.Conscious of the part Belgium has played for more than eighty years in the civilization of the world, she refuses to believe that her independence can be preserved only at the expense of the violation of her neutrality.If this hope were disappointed the Belgian Government has firmly resolved to repulse by every means in her power any attack upon her rights.

This note caused profound and painful surprise to the King’s Government.

The intentions which it attributed to France are in contradiction with the express declarations which were made to us on the 1st August in the name of the Government of the Republic.

Moreover, if, contrary to our expectation, a violation of Belgian neutrality were to be committed by France, Belgium would fulfill all her international duties, and her army would offer the most vigorous opposition to the invader.

The treaties of 1839, confirmed by the treaties of 1870, establish the independence and the neutrality of Belgium under the guarantee of the Powers, and particularly of the Government of His Majesty the King of Prussia.

Belgium has always been faithful to her international obligations; she has fulfilled her duties in a spirit of loyal impartiality; she has neglected no effort to maintain her neutrality or to make it respected.

The attempt against her independence, with which the German Government threatens her, would constitute a flagrant violation of international law. No strategic interest justifies the violation of that law.

The Belgian Government would, by accepting the propositions which are notified to her, sacrifice the honor of the nation while at the same time betraying her duties toward Europe.

Conscious of the part Belgium has played for more than eighty years in the civilization of the world, she refuses to believe that her independence can be preserved only at the expense of the violation of her neutrality.

If this hope were disappointed the Belgian Government has firmly resolved to repulse by every means in her power any attack upon her rights.

In the records of diplomacy there are few nobler documents than this. Belgium then knew that she was facing possible annihilation. Every material interest suggested acquiescence in the peremptory demands of her powerful neighbor. In the belief that then so generally prevailed, but which recent events have somewhat modified, the success of Germany seemed probable, and if so, Belgium, by facilitating the triumph of Germany, would be in a position to participate in the spoils of the victory.

If Belgium had regarded her honor as lightly as Germany and felt that the matter of self-preservation would excuse any moral dereliction, she would have imitated the example of Luxemburg, also invaded, and permitted free passage to theGerman army without essential loss of her material prosperity, but with a fatal sacrifice to her national honor.

Even under these conditions Belgium evidently entertained a hope that Germany at the last moment would not, in view of its promises and the protest of Belgium, commit this foul outrage.

The military attaché of the French Government, being apprised of Germany’s virtual declaration of war, offered “the support of five French army corps to the Belgian Government,” and in reply Belgium, still jealously regardful of her obligation of neutrality, replied:

We are sincerely grateful to the French Government for offering eventual support. In the actual circumstances, however, we do not propose to appeal to the guarantee of the Powers. The Belgian Government will decide later on the action which they think it necessary to take.

As in Cæsar’s time, the Belgæ, of all the tribes of Gaul, are in truth “the bravest.”

Later in the evening, the King of Belgium met his Ministers, and the offer of France was communicated to them, and again the Belgian Government, still reposing some confidence in the Punic faith of Prussia, decided not to appeal to theguaranteeing Powers, or to avail itself of the offers of France.

On the following morning at 6 o’clock the German Minister handed this formal declaration of war to the Belgian Government:

I have been instructed, and have the honor to inform your Excellency, that in consequence of the Government of His Majesty the King having declined the well-intentioned proposals submitted to them by the Imperial Government, the latter will, deeply to their regret, be compelled to carry out—if necessary by force of arms—the measures of security which have been set forth as indispensable in view of the French menaces.

Here again, no active violation of Belgium’s neutrality by France is alleged, only “French menaces.”

The conjecture is plausible that in the case of the Prussian General Staff, it was their “own hard dealings” which thus taught them to “suspect the thoughts of others.”

On that day the German troops crossed the Belgian frontier and hostilities began.

On the same day, at the great session of the Reichstag, when the Imperial Chancellor attempted to justify to the world the hostile acts of Germany, and especially the invasion of Belgium,the pretended defense was thus bluntly stated by the German Premier:

We are now in a state of necessity and necessity knows no law. Our troops have occupied Luxemburg and perhaps are already on Belgian soil.Gentlemen, that is contrary to the dictates of international law.It is true that the French Government has declared at Brussels that France is willing to respect the neutrality of Belgium, so long as her opponent respects it. We knew, however, that France stood ready for invasion.France could wait, but we could not wait.A French movement upon our flank upon the lower Rhine might have been disastrous. So we were compelled to override thejust protestof the Luxemburg and Belgian Governments.The wrong—I speak openly—that we are committingwe will endeavor to make good as soon as our military goal has been reached. Anybody who is threatened, as we are threatened, and is fighting for his highest possessions, can only have one thought—how he is to hack his way through.

It will be noted that on this occasion, when above all other occasions it was not only the duty, but to the highest interests of Germany, to give to the world any substantial reason for violating the neutrality of Belgium, the defense of Germany is rested upon the ground of self-interest,—euphemistically called “necessity,”—and upon none other.

While von Bethmann-Hollweg’s statement does state that “France held herself in readiness to invade Belgium,” there was no intimation that France had done so, or had any immediate intention of doing so. On the contrary, it was added, “France could wait, we (Germany) could not.” If Belgium had forfeited its rights by undue favors to France or England,why did the Chancellor characterize its protest as “just”?

How Germany fulfilled the promise of its Chancellor, to “make good” the admitted wrong which it did Belgium, subsequent events have shown.

It may be questioned whether, since the Thirty Years’ War, any country has been subjected to such general devastating horrors. So little effort has been taken by the conqueror to lessen the inevitable suffering, that fines have been levied upon this impoverished people, which would be oppressive even in a period of prosperity. It is announced from Holland, as this book goes to press, that Germany has imposed upon this war-desolated country a fine of $7,000,000 per month and an especial fine of $75,000,000, for its “violation of neutrality.”

Were this episode not a tragedy, the sardonic humor, which caused the German General Staffto impose this monstrous fine upon Belgium for its “violation of neutrality,” would have the tragi-comical aspects of Bedlam. It recalls the fable of the wolf who complained that the lamb was muddying the stream and when the lamb politely called the wolf’s attention to the fact that it stood lower down on the river side than the wolf, the latter announced its intention to devour the lamb in any event. Such is probably the intention of Prussia. If it prevail Belgium as an independent State will cease to exist and it will be mourned as Poland is. Like Poland, it may have a resurrection.

The war having thus commenced between Germany and Belgium, the brave ruler of the latter country—“every inch a King”—addressed to the King of England the following appeal:

Remembering the numerous proofs of your Majesty’s friendship and that of your predecessor, and the friendly attitude of England in 1870 and the proof of friendship you have just given us again, I make a supreme appeal to the diplomatic intervention of your Majesty’s Government to safeguard the integrity of Belgium.[92]

In reply to that appeal, which no chivalrous nation could have disregarded, Sir Edward Greyimmediately, on August 4th, advised the British Ambassador in Berlin as follows:

We hear that Germany has addressed a note to Belgian Minister for Foreign Affairs stating that German Government will be compelled to carry out, if necessary by force of arms, the measures considered indispensable.We are also informed that Belgian territory has been violated at Gemmenich.In these circumstances, and in view of the fact that Germany declined to give the same assurance respecting Belgium as France gave last week in reply to our request made simultaneously at Berlin and Paris, we must repeat that request, and ask that a satisfactory reply to it and to my telegram of this morning be received here by 12 o’clock to-night. If not, you are instructed to ask for your passports, and to say that his Majesty’s Government feel bound to take all steps in their power to uphold the neutrality of Belgium and the observance of a treaty to which Germany is as much a party as ourselves.[93]

We are also informed that Belgian territory has been violated at Gemmenich.

In these circumstances, and in view of the fact that Germany declined to give the same assurance respecting Belgium as France gave last week in reply to our request made simultaneously at Berlin and Paris, we must repeat that request, and ask that a satisfactory reply to it and to my telegram of this morning be received here by 12 o’clock to-night. If not, you are instructed to ask for your passports, and to say that his Majesty’s Government feel bound to take all steps in their power to uphold the neutrality of Belgium and the observance of a treaty to which Germany is as much a party as ourselves.[93]

Thereupon Sir Edward Goschen, the British Ambassador in Berlin, called upon the Secretary of State and stated in the name of His Majesty’s Government that unless the Imperial Government

could give the assurance by 12 o’clock that night that they would proceed no further with theirviolation of the Belgian frontier and stop their advance, I had been instructed to demand my passports and inform the Imperial Government that His Majesty’s Government would have to take all steps in their power to uphold the neutrality of Belgium and the observance of a treaty to which Germany was as much a party as themselves.Herr von Jagow replied that to his great regret he could give no other answer than that which he had given me earlier in the day, namely, that the safety of the Empire rendered it absolutely necessary that the Imperial troops should advance through Belgium. I gave his Excellency a written summary of your telegram and, pointing out that you had mentioned 12 o’clock as the time when His Majesty’s Government would expect an answer, asked him whether, in view of the terrible consequences which would necessarily ensue, it were not possible even at the last moment that their answer should be reconsidered. He replied that if the time given were even twenty-four hours or more, his answer must be the same. I said that in that case I should have to demand my passports. This interview took place at about 7 o’clock....I then said that I should like to go and see the Chancellor, as it might be, perhaps, the last time I should have an opportunity of seeing him. He begged me to do so. I found the Chancellor very agitated. His Excellency at once began a harangue, which lasted for about twenty minutes. He said that the step taken by His Majesty’s Government was terrible to a degree; just for a word—“neutrality,” a word which in war time had so often been disregarded—just for a scrap of paper Great Britainwas going to make war on a kindred nation who desired nothing better than to be friends with her.All his efforts in that direction had been rendered useless by this last terrible step, and the policy to which, as I knew, he had devoted himself since his accession to office had tumbled down like a house of cards. What we had done was unthinkable; it was like striking a man from behind while he was fighting for his life against two assailants. He held Great Britain responsible for all the terrible events that might happen. I protested strongly against that statement, and said that, in the same way as he and Herr von Jagow wished me to understand that for strategical reasons it was a matter of life and death to Germany to advance through Belgium and violate the latter’s neutrality,so I would wish him to understand that it was, so to speak, a matter of “life and death” for the honor of Great Britain that she should keep her solemn engagement to do her utmost to defend Belgium’s neutrality if attacked. That solemn compact simply had to be kept, or what confidence could any one have in engagements given by Great Britain in the future? The Chancellor said, “But at what price will that compact have been kept. Has the British Government thought of that?” I hinted to his Excellency as plainly as I could that fear of consequences could hardly be regarded as an excuse for breaking solemn engagements, but his Excellency was so excited, so evidently overcome by the news of our action, and so little disposed to hear reason, that I refrained from adding fuel to the flame by further argument....[94]

Herr von Jagow replied that to his great regret he could give no other answer than that which he had given me earlier in the day, namely, that the safety of the Empire rendered it absolutely necessary that the Imperial troops should advance through Belgium. I gave his Excellency a written summary of your telegram and, pointing out that you had mentioned 12 o’clock as the time when His Majesty’s Government would expect an answer, asked him whether, in view of the terrible consequences which would necessarily ensue, it were not possible even at the last moment that their answer should be reconsidered. He replied that if the time given were even twenty-four hours or more, his answer must be the same. I said that in that case I should have to demand my passports. This interview took place at about 7 o’clock....

I then said that I should like to go and see the Chancellor, as it might be, perhaps, the last time I should have an opportunity of seeing him. He begged me to do so. I found the Chancellor very agitated. His Excellency at once began a harangue, which lasted for about twenty minutes. He said that the step taken by His Majesty’s Government was terrible to a degree; just for a word—“neutrality,” a word which in war time had so often been disregarded—just for a scrap of paper Great Britainwas going to make war on a kindred nation who desired nothing better than to be friends with her.All his efforts in that direction had been rendered useless by this last terrible step, and the policy to which, as I knew, he had devoted himself since his accession to office had tumbled down like a house of cards. What we had done was unthinkable; it was like striking a man from behind while he was fighting for his life against two assailants. He held Great Britain responsible for all the terrible events that might happen. I protested strongly against that statement, and said that, in the same way as he and Herr von Jagow wished me to understand that for strategical reasons it was a matter of life and death to Germany to advance through Belgium and violate the latter’s neutrality,so I would wish him to understand that it was, so to speak, a matter of “life and death” for the honor of Great Britain that she should keep her solemn engagement to do her utmost to defend Belgium’s neutrality if attacked. That solemn compact simply had to be kept, or what confidence could any one have in engagements given by Great Britain in the future? The Chancellor said, “But at what price will that compact have been kept. Has the British Government thought of that?” I hinted to his Excellency as plainly as I could that fear of consequences could hardly be regarded as an excuse for breaking solemn engagements, but his Excellency was so excited, so evidently overcome by the news of our action, and so little disposed to hear reason, that I refrained from adding fuel to the flame by further argument....[94]

Here again it is most significant, in view of the subsequent clumsily framed defense by German apologists, to note that the German Secretary of State, Herr von Jagow, and his superior, the German Chancellor, did not pretend to suggest that the invasion of Belgium was due to any overt act of France.

With even greater frankness von Jagow stated the real purpose, which was, “to advance into France by the quickest and easiest way,” and to “avoid the more Southern route,” which, “in view of the paucity of roads and the strength of the fortresses,” would have entailed “great loss of time.”

The damning conclusion as to the guilt of Germany, which irresistibly follows from these admitted facts, is sought to be overborne by a pamphlet entitled “The Truth about Germany,” and subscribed to by a number of distinguished Germans, who are in turn vouched for in America by Professor John W. Burgess of Columbia College. He tells us that they are the “salt of the earth,” and “among the greatest thinkers, moralists, and philanthropists of the age.” To overbear the doubter with the weight of such authority we are told that this defense has the support of the great theologian, Harnack, thesound and accomplished political scientist and economist, von Schmoller, the distinguished philologian, von Wilamowitz, the well-known historian, Lamprecht, the profound statesman, von Posadowsky, the brilliant diplomatist, von Bülow, the great financier, von Gwinner, the great promoter of trade and commerce, Ballin, the great inventor, Siemens, the brilliant preacher of the Gospel, Dryander, and the indispensable Director in the Ministry of Education, Schmidt. (The adjectives are those of Professor Burgess.)

The average American, as indeed the average citizen of any country, when his natural passions are not unduly aroused, is apt to take a very prosaic and dispassionate view of such matters, and when he has reached his conclusion based upon everyday, commonplace morality, he is not apt to be shaken even by an imposing array of names, fortified by an enthusiastic excess of grandiloquent adjectives. The aristocracy of brains has no monopoly of truth, which is often best grasped by the democracy of common sense.

The defense of these notable representatives of German thought seems to be based upon the wholly unsupported assertion that “England and France were resolved not to respect the neutrality of Belgium.”

They say:

It would have been a crime against the German people if the German General Staff had not anticipated this intention. The inalienable right of self-defense gives the individual, whose very existence is at stake, the moral liberty to resort to weapons which would be forbidden except in times of peril. As Belgium would, nevertheless, not acquiesce in a friendly neutrality, which would permit the unobstructed passage of German troops through small portions of her territory, although her integrity was guaranteed, the German General Staff was obliged to force the passage in order to avoid the necessity of meeting the enemy on the most unfavorable ground.

In other words, it seemed preferable to the German General Staff that it should fight in France rather than in Germany, and for this reason Belgium must be ruined.

Notwithstanding this and similar propositions, which are so abhorrent in their political immorality, it is yet gravely suggested by Dr. Dernberg and others that Bernhardi’s philosophy does not reflect the true thought of the Prussian ruling classes. Here are representative theologians, economists, historians, statesmen, diplomatists, financiers, inventors, and educators, who, in invoking the support of the educated classes in the United States,deliberately subscribe to a proposition at which even Machiavelli might have gagged.

We are further told that “the German troops, with their iron discipline will respect the personal property and liberty of the individual in Belgium just as they did in France in 1870,” and these scientists, philosophers, and doctors of divinity add that “Belgium would have been wise, if it had permitted the passage of the German troops,” for the Belgian people “would have fared well from the business point of view, for the army would have proved a good customer and paid well.”

To this defense we are led in the last analysis, that Belgium should have preferred cash to her honor, just as the German General Staff preferred dishonor to the sacrifice of an immediate military advantage.

The possibilities of moral casuistry have been severely tested in the attempt of these apologists for Germany to defend the forcible invasion of Belgium.

The ethical question has been made quite unnecessarily to pivot upon the express contractual obligations of England, Germany, and France with respect to the neutrality of Belgium. The indictment of Germany has been placed upon the sound but too narrow ground that by the Treatyof 1839, and The Hague Convention of 1907, Germany had obligated itself by a solemn pledge to respect the neutrality both of Luxemburg and Belgium.

If, however, there had been no Hague Convention and no Treaty of 1839, and if Germany, England, and France had never entered into reciprocal obligations in the event of war to respect Belgium’s neutrality, nevertheless upon the broadest considerations of international law the invasion without its consent would be without any justification whatever.

It is a fundamental axiom of international law that each nation is the sole and exclusive judge of the conditions under which it will permit an alien to cross its frontiers. Its territory issacrosanct. No nation may invade the territory of another without its consent. To do so by compulsion is an act of war. Each nation’s land is its castle of asylum and defense. This fundamental right of Belgium should not be confused or obscured by balancing the subordinate equities between France, Germany, and England with respect to their formal treaty obligations.

Belgium’s case has thus been weakened in the forum of public opinion by too insistent reference to the special treaties. The right of Belgium andof its citizens as individuals, to be secure in their possessions rests upon the sure foundation of inalienable right and is guarded by the immutable principle of moral law, “Thou shalt not steal.” It was well said by Alexander Hamilton:

The sacred rights of man are not to be searched for in old parchments and musty records; they are written as with a sunbeam in the whole volume of human nature by the hand of Divinity itself and can never be erased by mortal power.

This truth can be illustrated by an imaginary instance. Let us suppose that the armies of the Kaiser had made the progress which they so confidently anticipated, and had not simply captured Paris, but had also invaded England, and that, in an attempt to crush the British Empire, the German General Staff planned an invasion of Canada. Let us further suppose that Germany thereupon served upon the United States such an arrogant demand as it made upon Belgium, requiring the United States to permit it to land an army in New York, with the accompanying assurance that neither its territory nor independence would be injured, and that Germany would generously reimburse it for any damage.

Let us further suppose—and it is not a very fanciful supposition—that the United Stateswould reply to the German demand that under no circumstances should a German force be landed in New York or its territory be used as a base of hostile operations against Canada. To carry out the analogy in all its details, let us then suppose that the German fleet should land an army in the city of New York, arrest its Mayor, and check the first attempt of its outraged inhabitants to defend the city by demolishing the Cathedral, the Metropolitan Art Gallery, the City Hall and other structures, and shooting down remorselessly large numbers of citizens, because a few non-combatants had not accepted the invasion with due humility.

Although Germany had not entered into any treaty to respect the territory of the United States, no one would seriously contend that Germany would be justified in such an invasion.

The alleged invalidation of the treaty of 1839 being thus unimportant, Dr. Dernberg and Professor von Mach fall back upon the only remaining defense, that France had already violated the neutrality of Belgium with the latter’s consent.Of this there is no evidence whatever.We have, on the contrary, the express assurance, which France gave on the eve of the German invasion both to Belgium and England, that it would not violatethe rights of Belgium, and in addition we have the significant fact that when Belgium was invaded, and it was vitally necessary that the French Army should go with all possible speed to its relief and thus stop the invasion and save France itself from invasion, it was ten days before France could send any adequate support. Unhappily it was then too late.

If it were true that France intended to invade Belgium, then of all the blunders that the German Foreign Office has made, the greatest was that it did not permit France to carry out this step, for it would have palliated the action of Germany in meeting such violation by a similar invasion, and it would thus have been an immeasurable gain for Germany and a greater injury to France.

Germany’s greatest weakness to-day is its moral isolation. It stands condemned by the judgment of the civilized world. No physical power it can exercise can compensate for this loss of moral power. Even success will be too dearly bought at such a price. There are things which succeed better than success. Truth is one of them.

Under the plea of necessity, which means Germany’s desire to minimize its losses of life, Germany has turned Belgium into a shambles, trampled a peaceful nation under foot and almost crushed itssoul beneath the iron tread of its mighty armies.

Almost wounded unto death, and for a time prostrate under the heel of the conqueror, the honor of Belgium shines unsullied by any selfish interests, personal dishonor, or lack of courage.

It is claimed that there were officers of the French Army in Liége and Namur before the war broke out. Neither names nor dates have been given, and the allegation might be fairly dismissed because of the very vagueness of the charge. But even if it were true, international law does not forbid the officers of one nation serving with the armies of another. German officers have for many years been thus employed in Turkey and engaged in training and developing the Turkish Army, but no one has ever contended that the employment by that country of German military officers was a violation of neutrality, or gave rise to acasus belli.

It is wholly probable that there were some German officers in Belgium before the war commenced, and if not, there were certainly hundreds of spies, of whose pernicious activities the Belgian people were to learn later to their infinite sorrow, but because Germany employed an elaborate system of espionage in Belgium, it could notjustify France in invading its territory without its permission.

To a lawyer, who has had experience in the judicial ascertainment of truth, there is one consideration that justifies him in disposing of all these vague allegations with respect to French activities in Belgium on the eve of the war, and that is that Germany has not only failed to give any testimony in support of the charges,but it never suggested this defense until the judgment of the civilized world had branded it with an ineffaceable stain.

Professor von Mach, a former educator of Harvard University and an apologist for Germany, feels this poverty of evidence and has rather naïvely suggested an adjournment of the case. He says:

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