New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-17
THE FUTURE OF WAR.
SIR HENRY NAMES LAST LECTURES.

INTERNATIONAL. LAW. Series Of Lectures de-
IIvered before the university q cs sa sYo
1887. BY Henry sumner Name ~ " o'o''
pp. 234. Henry Holt q co.
Tbesa last lectures of Sir Henry Maine 90 not
aim at ANYTHING like comprehensive ueauheh0
of the subject. They may be regarded rapher as
an amp,ifieation of certain features IN the ante-
cedent treatise of the author on Ancient Law,
with special reference to the bearing oil interna-
,ional law upon the seventies and evils OF war
They were delivered by Sir Henry in his capacity
Of Professor of International Law at Cambridge
University on the foundation of DR.. Whewel, and
the drift of them is indicated in the opening
sentence of the first lecture -" The eminent men
who founded the Whewell Professorship OF Inter
national Law laid an earnest and express lnJunc-
.ion ON the occupant Of this chair that he should
make il his aim, in all parts OF bus treatment OF
the subject to lay down such rules ana Suggest
such measures as might tend TO dimlnlsn the eV'is
of war. and finally TO extnguish war among ma
tionsa In obeying this Injunction, Sir henry o.
Maine indeed does not'pretend TO entertain con.
6dence in the practical utility OF the enofh ana
his introductory lecture is almost taken up WIN
an argument founded on the enormous increase OF
~.asor, ornaments and agencies of destruction, to
be effect that the forces at work are too powerful
,o no controlled diminished or reduced by
mere literary agency"
The lecturer proceeds. however, to consider the
genesis of international law, which he traces 10
the Roman Natural Law, or Law OF Nature oe-
velopcd according to this hypothesis, during the
so-callcd Roman Peace, which extended from tne
establishment of the sscendency OF Augustus 10
the beginning of the third century OF our era.
The new view of the primary sanctions OF inter-
national law necessarily reduces those sanctions
10 whatever stable influence the mere opinion Oh
the world may possess, for 1t REJECTS all super
A. NIL adj
II at the same time repudiates the eighteenth
century philosophy, which predicted an innate
moral law so founded in human nature as to re-
ouire the support of no external authority. DIT
Horny shows that all attempts to base inter-
national law upon formal enactments, SUCH ior
instance as ordinary legislation rests upon, mus.
be futile: that, in fact it can only De lono"eu
back to its origin with the result OF iandlng IN
rnrasolvable nebulae International law must
rest upon recognition Of some kind OF moral sys-
tom. and naturally upon that which is accep'eu
generally by civilized nations; but IN the nature OIL
the case it cannot be given an unbroken peoigree'
In considering the bearing OF international Id"
upon war Sir Henry cites the case OF Grotius'
boss writings undoubtedly softened the ferocities
NJ war in his period, and even produced puohc
oninion ,tronq enough to check the rufianism OF
Touis the Fourteenth and prevent him from re-
oea,ing the infamy of the ravage of the Palatnate
In Holland.
II is easier. no doubt, to show that Grotius and
yattel diminished the evils OF war THAN 10 prove
that international law is clearly tending IN that
direction at the present day. The Declaration Oh
paris ard that of st. Petersburg certainly seem TO
mark distinct advances in humanity, but even II
the most libefal measures which have been pro-
posed were adopted, even II prlvateerlhg were
abolished, and all private property afoat declared
1oI.f m
is unfortunately but too obvious that these gains
would be more than counterbalanced by the in
crease in the efficiency Of agents OF destruction
which characterizes military science to-day Some
vears AGO Mr. ]. A. Farrer, in his Military
Manners and Customs demonstrated the 1aliaey
of the assertion that modern wars are less destruc
tive and cruel than those of the past de showed
conclusiyey that the truth is the reverse OF ois'
and that war never was so calamltous as 10 ID
now To give single instance: In the nrst Ioro-
night of the Franco-German war 10000 men were
nut hors de combat. Nothing like that was pos
sible under the old conditions, and until improved
small-arms and rified cannon were introduced
battles were comparatively bloodless. The curious
ure;udice against certain weapons, such as poison,
eynlosive bullets etc. has existed, apparently, IN
al times and countries. 1t is much easier 10
understand the dislike to poison than that 10
explosive balls in these days; for as matter Oh
fact. the bullets actually used produce wounds
unite as terrible as explosive balls could DO more
over shells explosive bullets on large SCALE
and il is difficult to draw the line between their
effects and those of smaller missiles But what
reason can there be for haggling at little matters
such as this in an age where it is held perfectly
legitimate to blow whole ships company into
eternity. in a moment by the explosion OF dyna-
mite under the vessel
Sir Henry Maine appears to have overlooked
the history Of the War of Secession ia his remarks
upon torpedoes. by the way. lie speaks as
tboueh the practical of those machines we-e as
vet undetermined. This is true as regards most
of the automatic torpedoes; in fact the ONLY IN
stance An which the Whitehead torpedo has been
fairly tried. namely the engagement between
HIM S. Shah and the Peruvian ironciad Huascar,
went far to demonstrate the entire untrustwortnl-
ness Of that kind Of torDedoes when used in q
waterway By and against vessels in motion On
the other hand. the employment Oh STATIONARY
torpedoes as river and coast defences ana tne use
Of torpedoes carried on projecting spars by light
vessels. and attached to or exploded By contact
under the bottom of the enemy. have been
abuudantly vindicated. Sir Henry forgot too that
torpedoes were several times used with signal
effect ON the Danube during the last Russo Turkish
war. more than one costly Turkish ironclad hav-
tnc been destroyed by them. In recent maya
zine article Admiral Porter stated that new
American torpedo system promised to solve the
problem which IS alone open: that is. as to the
efficiency of the torpedo in regular naval battles
He intimates that the resistance of the steel tor
redo net is overcome by the new invention. which,
however. has stiIl to undergo the crucial test OF
actual warfare.
Sir Henry, in considering the Declaration OF
Paris. fully recognizes the cogency Of the reasons
which withheld the United States from agreement
with the proposed abolition OF privateering. In
the circumstances he frankly admits that the
American position. is impregnable. and he cannot
see any means of overcoming the force OF the
pesition save by extending immunity to all private
,.o,.,tv afoat IL il a little remarkable. how