Treaty of Brétigny

“ Why is our honour as a country involved in this war? Because, in the first place, we are bound in an honourable obligation to defend the independence, the liberty, the integrity of a small neighbour that has lived peaceably, but she could not have compelled us, because she was weak. The man who declines to discharge his debt because his creditor is too poor to enforce it is a blackguard. We entered into this treaty, a solemn treaty, a full treaty, to defend Belgium and her integrity. ”

“ This was not the only country to defend the integrity of Belgium. Russia, France, Austria, and Prussia—they are all there. Why did they not perform the obligation? It is suggested that if we quote this treaty it is purely an excuse on our part. It is our low craft and cunning, just to cloak our jealousy of a superior civilization we are attempting to destroy. ”

“ The idea of a balance of (p. 350) power was the leading principle which animated all the diplomatic transactions of Europe for more than a century.
By the treaty of Breslau, (1742,) Maria Theresa yielded up to Frederic the province of Silesia, and Europe might have remained at peace. But as England and France were both involved in the contest, their old spirit of rivalry returned; and, from auxiliaries, they became principals in the war, and soon renewed it. The theatre of strife was changed from Germany to Holland, and the arms of France were triumphant. ”

“ Notwithstanding that the objections, which he submitted to Brooke in regard to [356] Article 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. ”

“ The treaty with Belgium made our duty clear, but many of us feel that, even if Belgium had not been involved, it would have been impossible for Great Britain to stand aside while France was dragged into war and destroyed. To permit the ruin of France would be a crime against liberty and civilization. Even those of us who question the wisdom of a policy of Continental ententes or alliances refuse to see France struck down by a foul blow dealt in violation of a treaty. ”

“ Germany’s necessity, of which her own Kaiser, statesmen, diplomatists, and generals are the best judges, knows no law. Every treaty, every obligation, every duty has to vanish before it: the Treaty of Bucharest, establishing equilibrium in the Balkans, as well as the Treaty of 1839, safeguarding the neutrality of Belgium. Hence nobody conversant with the nature, growth, and spread of this new militant race-worship was in the least surprised at the Chancellor’s contempt for the scrap of paper and for the simple-minded statesmen who proclaimed its binding force. ”

“ If it should happen that a country in the possession of France were to be invaded by the enemy, and afterwards ceded to him by a treaty, would it be just to say to those of the inhabitants who might come to settle on the territory of the republic, that they had forfeited their rights as Frenchmen, for not having quitted their former country at the moment it was ceded ”

“ With such nations, the only wisdom is, to conclude treaties, not of reciprocity, but of commerce; that is, treaties in which, in consideration of certain branches of our manufactures being admitted on favourable terms, we agree to admit certain articles of their produce on equally advantageous conditions. Thus, a treaty, by which we agreed to admit, for a moderate duty, the wines of France, which we can never rival, in return for their admitting our iron and cotton goods on similar terns, would be a measure of equal benefit to both countries. ”

“ To understand what follows, we must remember that the envoys were governed by careful, lengthy, and detailed instructions to the effect that "no blame or censure be directly, or indirectly, imputed to the United States"; that in order not to "wound her [France] feelings or to excite her resentment" the negotiations were to be on the principles of the British Treaty; "that no engagement be made inconsistent with ... any prior treaty"; that "no restraint on our lawful commerce with any other nation be admitted" ”

“ While France persists in her refusal to comply with the terms of a treaty, the object of which was, by removing all causes of mutual complaint, to renew ancient feelings of friendship, and to unite the two nations in the bonds of amity, and of a mutually beneficial commerce, she cannot justly complain if we adopt such peaceful remedies as the law of nations and the circumstances of the case may authorize and demand. ”

“ The truth is, he said also, that “this nation is fond of glory, particularly that of protecting the oppressed.” [11]
The treaty of commerce, accompanying the treaty of alliance of 1778, [12] had been in itself a justification of this judgment. Help from abroad was so pressingly needed in America that almost any advantages requested by France as a condition would have been granted; but that strange sight was seen: advantages being offered, unasked, by one party, and declined by the other. ”

“ Even if such a future possibility cannot be entirely eradicated by a mutual arbitration treaty amongst the northern nations, a new guarantee for peace would be secured." (Bluntschli's expression.) "For the small northern kingdoms would by such a treaty acquire an excellent moral support when it came to withstanding the attempt of the great powers to entice or threaten them into taking part in wars as their allies. Such a participation is always a [Pg 19] dangerous game, because, as history shows, the small States lose rather than gain. ”

“ It is in fact plain that there is no probability of France obtaining the concessions from the Treaty Powers, on which Thiers professed to reckon. The result already is that, whatever may have been the intention, the Mercantile Marine Law is in practice a blow which falls on England, and not on other European Powers. Unless the French Government means to give us a real most favoured nation clause, the result of denouncing our treaty will be to place us, when it expires, at a special disadvantage as compared with other nations. ”

“ His grief on this occasion was poignant, and, as his excellent judgment furnished him with expedients under all his difficulties, he resolved to endeavour to bring about a peace. Accordingly he despatched a gentleman to the King with his advice to accede to terms, offering to undertake the treaty himself. His design in offering himself as negotiator was to prevent the treaty being drawn out to too great a length, as might be the case if confided to others. ”

“ Secretary Bryan is understood to have urged that the United States could stand firmly for its rights and not close the doors to any explanation that Germany—or any other belligerent—might make. It is understood that Bryan pointed out that Germany had accepted the principles of the arbitration treaties as a general proposition, but failed to execute the treaty because of the European War breaking out. Her opponents enjoy the advantages under such a treaty, and Secretary Bryan insisted that Germany should not be denied the same rights.... ”

“ Without doubt the decision of the Powers to deprive France of any voice in the settlement of the question of the fortresses placed her in a very anomalous position. She was a party to the treaty which established the independence, defined the frontiers and guaranteed the neutrality of Belgium, nevertheless Austria, Prussia, Russia and Great Britain had proceeded to conclude at once a separate convention with Belgium against her. By her own action, however, she was debarred from bringing forward this aspect [Pg 97] of the case as an argument against her exclusion from the fortress agreement. ”

“ French arms, and French diplomacy supported by armed force, were more successful elsewhere. The treaty of Lunéville was only the first of a series of treaties, by which France secured to herself a political position commensurate with her military glory. By the treaty of Aranjuez between France and Spain, signed on March 21, Spain ceded Louisiana to France, reserving the right of pre-emption, and undertook to wage war on Portugal in order to detach it from the British alliance. ”

“ But since they do not do this, surely it would not be bad policy, even if we gave up more to France in other respects, to prevent her appearing in the treaty as in any respect the champion of America, or as having made any claims for her; we giving her up everything she wants equally, and her future confidence and alliance being such an object to us. ”

“ It is hard to believe that a civilized State like Germany, which has the means for preventing the excesses of her ally, will permit the Brest-Litovsk treaty to be used by the German people, who have been involved in war against their own will, as a means for the creation of incalculable sufferings. ”

“ In all the development of diplomacy from Charles VIII’s invasion of Italy in 1494 to the close of the Thirty Years’ War, thence, for a hundred years, to the Treaty of Aix-la-Chapelle, and occasionally, at least, since that Treaty, the leading influence has been exerted by the consideration of the balance of power, with its nice avoidance of a hegemony, and its requirement of guarantees, in principle and in effective force, for the rights and security of the smaller States. ”

“ Had the French government known of these three German treaties, it would probably have avoided war; as it was, France did not know that she would have all Germany against her. In 1866 Napoleon, through Benedetti, submitted to Bismarck a draft treaty according to which, in case the French Emperor should decide to send his troops to enter Belgium, the King of Prussia would grant armed aid to France and support her with all his forces, military and naval, in the face of and against every other power which might in this eventuality declare war. ”

“ Next day the Chancellor of the Exchequer spoke for a similar purpose at a meeting of Welshmen at the Queen's Hall, London. He said that no man detested war more than himself, but it could not have been avoided without national dishonour. France had respected Belgian neutrality at Sedan at the cost of her own ruin; Prussia's interest was to break the treaty, and she had done it. The German Chancellor called treaties "scraps of paper." Then let them burn their bank-notes; they were only scraps of paper. "What are they made of? Rags. What are they worth? The whole credit of the British Empire." ”

“ Among many musty old German books recently published is a little book by that same Frederick. The Prussian king was writing certain notes for the guidance of his sons and successors, among whom is the present Kaiser. In his page of counsels Frederick talks very plainly about the breaking of treaties:
"Consider a treaty as a scrap of paper under any one of the following emergencies: First, when necessity compels it. Second, [24] when you lack means to continue the war. Third, when you cannot by any other means combat your ally or enemy." ”

“ If on the principles of the law of nations, or national faith, one treaty should be held more sacred than another, that of 1819 stands in bold relief as a settlement of past controversies, on mutual considerations and stipulations, so dependent on each other, that the non-performance by either party of any part, would necessarily defeat the whole object and effect of the treaty, and renew old disputes. ”

“ Now the Lacedæmonians were both evidently plotting against us before, and now especially are doing so. For whereas it is expressed in the treaty, that we should give and accept judicial decisions of our differences, and each side [in the mean time] keep what we have; they have neither themselves hitherto asked for such a decision, nor do they accept it when we offer it; but wish our complaints to be settled by war rather than by words ”

“ Enough has been said to show, that, if such a sovereignty could be exercised after a treaty has been signed, it would be a power to change materially the relations which the people of a ceded territory had to each other ”

“ The plenipotentiaries of Great Britain, Austria, France, Russia, Sardinia, and Turkey, assembled in February, 1856, at the close of the Crimean war, to negotiate what is known as the Treaty of Paris. It is evident from the Protocols of their Conference, that, having the Earl of Clarendon and Lord Cowley among them, they were intent on giving weight and perpetuity to this firman of the Sultan, by a formal recognition of it in the treaty. ”

“ The principal articles of the treaty provided, that the contracting parties should mutually aid each other against all enemies; that they should reciprocally prefer this alliance to that with any other, the vicar of Christ excepted; that the Spanish sovereigns should enter into no understanding with any power, the vicar of Christ excepted, prejudicial to the interests of France; that their children should not be disposed of in marriage to the kings of England, or of the Romans, or to any enemy of France, without the French king's consent. ”

“ If the faithful observance of treaties were a frequent occurrence, like the observance of contracts, the breach of a treaty might be a real and not merely a formal ground for war, since it would tend to weaken the practice of deciding disputes by agreement rather than by armed force. ”