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purpose of codifying the laws and customs of war, the Russian delegate, Baron Jomini, as President of the Conference, declared that the project of an international convention then presented had its origin in the rules of President Lincoln. The convention agreed upon at Brussels was not ratified, but in 1880 the Institute of International Law made the work of the Brussels Conference and the work of Lieber, which so far as it was of general application was incorporated in that convention, the basis of a manual of the laws of war upon land; and finally, in The Hague Conferences of 1899 and 1907, the conventions with respect to the laws and customs of war on land gave the adherence of the whole civilized world in substance and effect to those international rules which President Lincoln made binding upon the American armies fifty years ago. Writing of Lieber's work, Sheldon Amos says in his book on Political and Legal Remedies for War:
The instructions were, in fact, the first attempt to make a comprehensive survey of all the exigencies to which a war of invasion is likely to give rise; and it is said on good authority that, with one exception (that of concealing in an occupied district. arms or provisions for the enemy), no case presented itself during the Franco-German War of 1870 which had not been provided for in the American instructions.
Frederic de Martens, after describing the way in which Lieber's ork came to be done, says:
So it is to the United States of North America and to President Lincoln that belongs the honor of having taken the initiative in defining with precision the customs and laws of war. This first official attempt to codify the customs of war and to collect in a code the rules binding upon military forces has notably contributed to impress the character of humanity upon the conduct of the northern states in the course of that war.
Bluntschli says, in his article on Lieber's Service to Political Science and International Law:
The Instructions for the Government of Armies of the United States in the Field were drawn up by Lieber at the instance of President Lincoln, and formed the first codification of International Articles of War. This was a deed of great moment in
the history of international law and civilization. Throughout this work also we see the stamp of Lieber's peculiar genius. His legal injunctions rest upon the foundation of moral precepts. The former are not always sharply distinguished from moral injunctions, but nevertheless, through a union with the same, are ennobled and exalted. Everywhere reigns in this body of law. the spirit of humanity, which spirit recognizes as fellow-beings, with lawful rights, our very enemies, and which forbids our visiting upon them unnecessary injury, cruelty, or destruction. But at the same time, our legislator remains fully aware that, in time of war, it is absolutely necessary to provide for the safety of armies and for the successful conduct of a campaign; that, to those engaged in it, the harshest measures and most reckless exactions cannot be denied; and that tender-hearted sentimentality is here all the more out of place, because the greater the energy employed in carrying on the war, the sooner will it be brought to an end, and the normal condition of peace restored.
Then follows a very interesting statement by Bluntschli which points out a consequence of the instructions not the least in value to the student of international law and to the development of that science upon which the hoped-for peace of the world so largely depends. It appears that Bluntschli found in Lieber's work the inspiration of his celebrated codification of international law, for he says:
These instructions prepared by Lieber, prompted me to draw up, after his model, first, the laws of war, and then, in general, the law of nations, in the form of a code, or law book, which should express the present state of the legal consciousness of civilized peoples.
Professor Ernest Nys sums up the far-reaching effect of Lieber's codification by the statement:
The ideas of the American publicist have penetrated not only the scientific world through the works of Bluntschli, but by the work of the Conferences of Brussels in 1874, and The Hague in 1899 and 1907, they have penetrated international politics.
Major General George B. Davis, who is specially qualified to treat of the subject from the different points of view of the Judge Advocate General of the Army and of the international lawyer, has kindly furnished me with a memorandum upon the relations in detail be
tween General Orders 100 and the Hague conventions, and I will ask the Secretary to print the memorandum in the Proceedings with this paper.1
When we recall the frightful cruelties upon combatants, upon prisoners, upon citizens, the overturning of all human rights to life and liberty and property, the fiendish malignity of oppression by brutal force, which have characterized the history of war, we cannot fail to set a high estimate upon the service of the man who gave form and direction and effectiveness to the civilizing movement by which man at his best, through the concurrence of nations, imposes the restraint of rules of right conduct, upon man at his worst, in the extreme exercise of force.
Let me say something about the man himself. He was born in Berlin on the 18th of March, 1800. His childhood was passed in those distressful times when the declaration of the rights of man and the great upheaval of the French Revolution had inspired throughout the continent of Europe a conception of popular liberty and awakened a strong desire to attain it, while the people of Prussia were held in the strictest subjection to an autocratic government of inveterate and uncompromising traditions. In the meantime foreign conquest, with the object lessons of Jena and Friedland and the Confederation of the Rhine, threatened the destruction of national independence; and love of country urged Germans to the support of a government which the love of liberty urged them to condemn. It was one of the rare periods in which political ideas force themselves into the thought and feeling of every intelligent life, and, alongside with the struggle for subsistence, the average man finds himself driven by a sense of necessity into a struggle for liberty, opportunity, peace, order, security for life and property-things which in ordinary times he vaguely assumes to come by nature like the air he breathes. So the early ideas of the child were filled with deep impressions of the public life of the time. He remembered the entry of Napoleon into Berlin after Jena. He remembered the humiliation of the peace of Tilsit. He remembered Schill, the defender of ColLerg, and Stein, and Scharnhorst. He was a disciple of Doctor Jahn, the manual trainer of German patriotism. At fifteen, after the escape from Elba, he enlisted in the Colberg regiment and fought
1 Printed herein, p. 22.
under Blücher at Waterloo. He was seriously wounded in the Battle of Namur and had the strange and vital discipline of lying long on the battlefield in expectation of death. He was a member of patriotic societies and was arrested in his nineteenth year, and imprisoned four months on suspicion of dangerous political designs. He was excluded from membership in the German universities, except Jena, where he received his degree of Doctor of Philosophy in 1820. At twenty-one he made his way to Greece with a company of other young Germans, inspired, by a generous enthusiasm for liberty, to an unavailing attempt to aid in the Greek War of Independence. Returning penniless from Greece he found his way to Rome, became a tutor in the family of Barthold George Niebuhr, then Prussian Ambassador, and there he won the confidence and life-long friendship of that great historian whose influence in familiar intercourse. both increased the learning and calmed and sobered the judgment of the impetuous youth. Returning to Prussia, he was again arrested and imprisoned for nearly a year upon charges of disaffection to the government. Released through the intercession of Niebuhr, he went to England, and after a year's hard struggle there, he came, in 1827, to the United States and to Boston. Seeking employment he found it in taking charge of the Boston Gymnasium. Through Niebuhr's good offices he became the American correspondent of a group of German newspapers. He devised a plan for the publication of an encyclopedia, and for this he secured a distinguished list of contributors and associates. He became its editor, and in 1829 the publication of the Encyclopedia Americana was begun. It was a distinct success. Lieber's connection with it not only forced him to a broad and accurate knowledge of American life, but brought him in contact with a great range of leaders of American thought and opinion, and this association gave him an intimate knowledge of American social conditions and public affairs. Bancroft, and Hilliard, and Everett, and Story, and Nicholas Biddle, and Charles Sumner were among his friends. In June, 1835, he was made Professor of History and Political Economy in South Carolina College, and for twenty-two years he held that chair, until, in 1857, he was called. to Columbia College to be Professor of Modern History, Political Science, International Law, Civil and Common Law. His connection with Columbia and his residence in New York continued until his death in October, 1872. In the meantime, to the service as
adviser to the government, which I have already described, he added the classification and arrangement of the Confederate archives in the office of the War Department, and long served as umpire under the Mexican Claims Commission of July 4, 1868.
Lieber himself has said that his life had been made up of many geological layers. The transition from his adventurous youth to the life of an American college professor did indeed carry him from igneous to sedimentary conditions. Under the new conditions, however, his surpassing energy and capacity for application found exercise in authorship. His work on Political Ethics, published in 1838, and that on Civil Liberty and Self-Government, published in 1853, gave him high rank among writers upon the philosophy of government. Judge Story said of the former:
It contains by far the fullest and most correct development of the true theory of what constitutes the state that I have ever seen. It abounds with profound views of government which are illustrated with various learning. To me many of the thoughts are new, and striking as they are new. I do not hesitate to say that it constitutes one of the best theoretical treatises on the true nature and objects of government which has been produced in modern times, containing much for instruction, much for admonition, and much for deep meditation, addressing itself to the wise and virtuous of all countries.
And in an introduction to the latter work, Theodore Dwight Woolsey said:
It would be a grateful task to speak at length here of the service Doctor Lieber rendered to political science in this country. * ** He was indeed the founder of this science in this country in so far as by his method, his fulness of historical illustration, his noble, ethical feeling, his sound practical judgment, which was of the English rather than of the German type, he secured readers among the first men of the land, influenced political thought more than any one of his contemporaries in the United States, and made, I think, a lasting impression on many students who were forming themselves for the work of life.
By a great variety of miscellaneous essays, addresses, and magazine articles on subjects of education, penology, history, biography, consti