El Paso herald. (El Paso, Tex.) 1901-1931, 1918-01-09
SAYSGERMANYTO
HOLD ALL SHE HAS
Eminent Jurist Reflects the
Opinion of the More
Learned Germans.


jurist Of European reputation. is be-
ing discussed widely and with great
interest.
The opinion OF this eminent inter
latiOnal jurist deserves special en-
phasis as throwing light upon the
teaching which prevails at the Ger
man universities. When the observ-
ance of a treaty is irksome. he frank
" tells US. the Clausula rebus sic
stanubus can always be invoked"
The decision as to whether there has
been a breach of treaty is. in the end.
a naked question Of power" Here we
have the root Of the whole matter.
II is on this doctrine that the whole
edifice OF Prussian power has been
reared; and until this dogma has been
overthrown there will be no peace for
tortured Europe, according TO allied
editorial opinion His article follows:
With the iGea OF a peace without
victors and vanQuished. of q world
peace instead Of q German peace,
there can be for German men no com
promise. For Germany IS fighting for
her existence, and therefore. peace
must bring US an extension OF power
in east and west, in Europe and be-
yond the seas-eGtensiou through
closer contact with our allies. but also
by securing protected frontiers, and.
further. by retaining a firm control
IN the conquered enemy territory. by
winning equal sea power on seas freed
from English tyranny, and thus. at
the same time. al unrestricted share
in world trade and finally. by in
creasing our oversee colonial posses (
sions and acquiring strategic points
such as viii secure their connection
with the home country
Indemnity still.
Nor do we intend to renounce an
indemnity for the huge sacrifices
which we have made. and we expect
in the east the cession OF ample land
for colOnisatlOn in place OF cash pay
ment. Scheidemanu's "catchwOrd" I
that what Is French must remain ]
French, and what is Belgian. Belgian, Z
and that every nation must bear its
own burden. we dismissed as a doc /
trinaire Outburst. which the German ]
people do not take seriously" We are !
opposed to all constitutional change A..
during the war. and TO Socialist in I
reference in foreign policy as pecul- 1
iarly dangerous.
The Russian revolution and the en-
try Of America can only steel Ger
many in her resolve-the more so as Z
the latter has robbed itself for ever Of !
the possibility OF playing the I'm |
partial, while imposing upon US Pax I
Britannica.
Above all we are opposed 70 any 1
idea OF linking up peace decisions
with the renovation OF international I
law.
Internationalism is q mere Ito
plan idea; we must never give the in
slruments Of power (machtmitteD out
OF our hands
The Inner Meaning of War.
Foreigners fail to understand the
inner meaning OF war" They DO noJ
realize that war fulfils the world his
toric task Of pitilessIy destroying de-
caylng culture, WORKOUT law degen-
crate freedom, in order. with native {
strength, 70 breed re1uvenated culture.
a 1Uster law and more genuine free
DOM They cannot understand that
militry power has the right 10 decide
Chat Won ReChts Wegen ~ entschel-
den) the life or death OF nations or
determination IS foolish chatter
(Geschwatz).
Plebiscites are Juggling" The right
OF the cOnQuerOr resCs upon "a verdict
Of God" Above ALL denOunce the
civitas maxima; the Germans were, in
the past, far too cosmopolitan, hut
they viii never be so again
When I come TO discuss the fate OF
the conquered territory / distinguish
between three possibilities stora-
ton" incorporation" (Eingliederung)
and annexation" with autonomy
(Angliederung).
The first I reject offhaud.
Germany has already promised not
to hand back Poland TO Russia
German honor fOrbids the restOra-
ton OF COurland and If we succeed in
liberating Livonia and Esthonia we
have the same debt Of honor TO pay
to the Baltic Germans as far as the
makes it impossible 10 restore Lithu-
ania.
In the Balkans it would be irrespon-
sible folly to restore Serbia and Rou-
mania.
VIII Hold Belgium
In the west the restoration OF Bel
gium would be equivalent 10 a Ger
man defeat, since IL would give our
worst enemy a continental foothold-
am not, however, blind to the diff
Iiculties involved in degrading indie
pendent states 10 the rank OF mere
provinces, and I admit that the ere
alton OF vassal states Of the Indian
variety or Of protectOrates such as are
sometimes possible under extra Euro
Dean conditions. is compatible with
European legal forms
There is thus no precedent for the
situation at which Germany must aim.
A form must be found for their vic
inns under which state sovereignty
is pre- served. but freedom OF action
towards third states. the independent
right OF making war and peace. Of
diplomatic action and Of concluding
treaties is either wholly or partially
withheld. The dominant state must
have the right Of garrisOning and con-
rolling the military preparations OF
It's subordinate. and at the same time
# administering the latter's railways
and waterways and introducing its
lwn commercial law and trade regu-
ations. These are the methods which Z
lust be applied TO Belgium. That his
orical contradiction, the state OF
Belgium" must be carved into two
states with new names
Germany Must Rule.
In other words the artificial link
letween FlemIugs and WallOOus must
pc broken. and AT the most. there must
be nothing more than personal union
.nder a single monarch
Courland and, il possible. Livonla
must be connected in a similar way
nut even more closely with Germany
while special measures are necessary
n Lithuania. owing to the weakness
If the German element
Austria Hungary must apply the
anne treatment TO Serbia. Montenegro
md Roumania- Even in Poland Ger
ain limita tions Of independence are
essential II the new state is TO be
strong support Of the central Euro
iean union