Mr. Beck, in his judgment, says: "The ultimatum is grossly unreasonable and disappropriate to any grievance that Austria had." Perhaps Mr. Beck is right, but I have good reasons to think that the tenor of the ultimatum was fully justified, in view of Servia's former conduct.
Austria was dealing here with a Government the real spirits of which had come into power by the commission of one of the most dastardly crimes of modern times. A crime which, at the time of its commission, sent a shock of horror through the entire civilized world, to wit, "the outrageous murder of the former King and Queen of Servia," outrageous because it was perpetrated by the so-called aristocracy of Servia. The long-continued agitation carried on by Servia against Austria, at the instigation of Russia, which finally culminated in another no less outrageous assassination, that of the Archduke Francis Ferdinand and his consort, to my idea fully justified Austria in making demands which under ordinary circumstances might have been termed "unreasonable."
The question whether Austria was justified in going to war against Servia is a debatable one, but I respectfully refer to the fact that our own country, the United States, was only very recently on the verge of precipitating war with a "much weaker" nation than ours, on account of the latter's refusal to salute the American flag. Neither did we stop on that occasion with the ultimatum, but we followed it up with dispatching a fleet of warships, the landing of troops, and the seizure of Vera Cruz.
From the time Austria's ultimatum was sent all the great powers seemed to have professed a great eagerness for the preservation of peace. Mr.
Beck asserts that Germany was not sincere in its desire for peace and could have avoided the war if it had seriously tried to exert its influence over Austria. This finding is based on the inference drawn from the fact that Germany failed to achieve any results.
To determine whether Mr. Beck is justified in finding as he does, it is necessary, first of all, to examine the exact status of the powers at the time the ultimatum was sent. We find that Austria had a just grievance against Servia, for which it was seeking redress. An issue was therefore raised between Austria and Servia. Germany, although Austria's ally, immediately defined its attitude by declaring emphatically that "the question at issue was one for settlement between Servia and Austria alone."
Why Did Russia Mobilize?
I beg to ask Mr. Beck to answer the following question: By what right--moral, legal, or equitable--did Russia make Servia's cause its own? Did Russia have any alliance with Servia? I further ask: What privity existed between Austria, Servia, and Russia?
Suppose Mr. Beck can justify the action of Russia, although a "rank outsider," in taking Servia's part, how can he possibly justify the positively unreasonable and, under the circumstances, most dangerous step of "actual mobilization" on the part of Russia?
Mr. Beck has tried to justify the mobilization by quoting the Russian excuse "that Russia's mobilization was only for a defense against Austria." On close examination what does this amount to? It resolves itself into a situation somewhat like this: A sends an ultimatum to B seeking redress for a wrong committed by B upon A, whereupon C mobilizes "for defense against A." I leave it to the average American of ordinary intelligence to find a reason for C's mobilization "for defense against A." Mr. Beck might as well try to justify a mobilization on the part of Japan if the United States was preparing to invade Mexico for the purpose of redressing an insult to the American flag. Does Mr. Beck realize the seriousness of actual mobilization by Russia at that critical moment? Not one of the other powers dared to take this one step which among nations is regarded as tantamount to a declaration of war.
And what did the Kaiser do at this moment? He did the only thing he could do, and, I dare say, the only thing our American Nation could have done under the same circumstances. He wired the Czar and stated: "I am willing to bring my influences to bear upon Austria, provided you agree to cease mobilization." Was this demand unreasonable? What else could Germany have done, I ask, with the Russian bear standing on the border with the sword already drawn? This moment was the crucial and decisive one in the prologue to this awful world drama.
The only question therefore and the all-important one to be submitted to the Court of Civilization, is, Whose duty was it to yield? Was it Russia's, with the sword already drawn against a country which had not attacked it, not even threatened it, or was it Germany's, with the sword in the sheath?
In his "conclusion," Mr. Beck speaks of Germany as "beset on every hand by powerful antagonists." Does he really mean to deprive the German Emperor of the right to demand as a condition precedent to mediation on his part the discontinuance of mobilization by Russia?
Mr. Beck in his "judgment" under Paragraph 4 says "that Austria, having mobilized its army, Russia was reasonably justified in mobilizing its forces." The use of the qualifying word "reasonably" seems to indicate that even Mr. Beck is not quite certain that Russia was in fact justified in mobilizing its forces.
Is it reasonable, just, and fair of Mr. Beck to expect Germany, "beset on every hand by powerful antagonists," to permit Russia to continue mobilizing its 18,000,000 soldiers and have Germany believe that Russia was sincere in its "peaceful intentions" in the face of actual mobilization? At this moment the German Kaiser made a very reasonable demand upon Russia to cease mobilization, and I ask every fair-minded American, whether lawyer or layman, "whose duty it was to yield" at this moment. The answer to this question will settle the much-disputed point as to the actual cause of the war.
In conclusion, I beg to ask Mr. Beck: Why expect so much of Germany and nothing of Russia, when Germany had not merely professed her peaceful intentions, but actually maintained peace for over forty years, during which period not a foot of territory had been acquired by her through conquest? This is a fact.
Coming into a court of law supported by such a reputation, does Mr. Beck really believe that the decision of the court would have been in favor of Russia? Does Mr. Beck really believe that the decision would have been against Germany, whose war lord was begging the Czar almost on his knees to avoid the awful calamity by the discontinuance of mobilization?
Picture the United States about to invade Mexico to redress an insult to the American flag. Picture England as the ally of the United States, and Japan supporting Mexico, without any alliance existing between the two latter countries. To make this example conform to the actual facts under discussion, we must, of course, assume that both Japan and England are situated in the North American Continent, and across the border from the United States and England. Japan, with an army of 18,000,000 soldiers, (assumed for the purpose of argument,) mobilizes her army, professedly for defense against the United States. Could any fair-minded American possibly expect England to intercede with her ally, the United States, without first demanding the demobilization of Japan? Whose duty was it to yield?
The actual fact is that Germany even then did not declare war against Russia until Russian soldiers had actually crossed not the Austrian but the German border.
I may add that in writing the above I am prompted only by the very natural desire, viz., to impress upon the jury composed of the American people the one fact which should be given the most careful consideration in order to enable it to arrive at a just verdict in the case submitted, and this fact is "the mobilization of Russia."
FRANK SEGGEBRUCH.
New York, Oct. 29, 1914.
In Defense of Austria
_To the Editor of The New York Times:_
Referring to your editorial, "The Evidence Examined," in your Sunday edition, I wish to protest emphatically against your assertion that a "Court of Civilization" must inevitably come to the conclusion that Germany precipitated the war. There are still millions of civilized people who see these things quite differently.
Mr. Beck makes out a case from the viewpoint of the accusing party--of course, nobody will doubt the legal abilities of Mr. Beck--but before the Supreme Court of Civilization there is also a law: audiatur et altera pars. Mr. Beck, as he presents the case to the court, has not mentioned very important points which, for the decision of the Supreme Court, would be most vital ones.
At first the breach of Belgian neutrality, admitted and regretted by the German Government, has nothing to do with the question--who precipitated the war? It constituted only an action of the war itself. On the other hand, you call in your editorial the Austrian ultimatum a savage one and take it for granted that this ultimatum started the stone rolling and brought finally the general clash in Europe about. This presumption, when presented to the court, will have to be thoroughly proved, because there are many people, fair and just, as you consider yourself, who are convinced of the ample justification of this ultimatum.
It is hardly describable how many criminal acts have been committed by Servians against the very existence of the Dual Monarchy for the last six years, under the eyes of the Servian Government and approved by it, by intriguing against Austria's right to cultivate her own territory, Bosnia, spreading secret societies all over the empire, &c.
The awful crime, the assassination of the heir to the throne, was only the finish of a long chain of like acts. These facts, which immediately lead up to the ultimatum, ought to be considered in the first place by judging Austria's justification for sending this ultimatum to Servia. A just Judge in the Court of Civilization will, I am convinced, carefully study the ante-history and in all probability arrive at the conclusion that the ultimatum was amply justified and Servia fully deserved the severest punishment possible.
Mr. Beck presents to the court the Russian interference with this intended punishment and forgets to tell the Judge that Russia had not the least right to this interference. No foreign power had.
Therefore, Austria was entirely within her right to decline any negotiations with Russia about this punishment before its completion.
Nevertheless, the German Government brought these negotiations about, and, while these negotiations proceeded satisfactorily, Russia mobilized, mobilized all along her western frontier against Austria and Germany, notwithstanding the fact that she had promised not to do so and officials in Petrograd had pledged their words to the contrary.
Russia knew there could be no such thing as a war with Austria alone, as well as Germany knew that a war with Russia meant a war with France. If the laws of morality rule in the Court of Civilization, they should above all be applied to the conduct of Servia and Russia. Austria was in a state of self-defense, when she decided not to bear any longer Servia's treacherous and murderous attacks against her existence; this is entirely within the boundaries of the laws of morality. Russia, however, without the slightest right, moral or legal, attacked Austria from the back by interfering with Austria's own affairs.
Therefore I wish to point out that a careful student of the papers, by considering the ante-history of the war, which, as you will admit, is very essential, may come to a quite different conclusion and Mr. Beck as State's attorney will have a hard stand against the counsel of the defendant.
EDWARD PICK.
New York, Oct. 27, 1914.
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Defense of the Dual Alliance--A Reply
By Dr. Edmund von Mach.
Instructor of Fine Arts, Harvard, 1899-1903; Instructor in History of Art, Wellesley College, 1899-1902; Lecturer in History of Art, Bradford Academy, Cambridge, Mass. Author of many books on Greek and Roman sculpture and the history of painting. Served in the German Army, 1889-91.
Hon. James M. Beck has eloquently argued the case of the Allies against Germany and Austria-Hungary, and submitted his findings with confident assurance of their acceptance by the Supreme Court of Civilization.
Carried away by his zeal he has at times used terms not warranted by the evidence, such as "the irrepressible Kaiser," "stupid falsehood,"
"duplicity," and the like, but since the court can be trusted to disregard such expressions no further attention will be paid to them.
To a certain extent this article is not a reply but a continuation of Mr. Beck's argument, for, wherever our personal sympathies may lie, we are all equally interested in discovering the truth. In the final settlement of peace American public opinion may, nay, will, have a prominent voice. If it is exerted on the strength of a true understanding of European events, it will contribute to the establishment of a lasting peace.
As to the evidence submitted Mr. Beck seems to err in believing that Governments are accustomed to publish in their various white, gray, or orange papers "the truth, the whole truth, and nothing but the truth."
This is nowhere done, for there are many bits of information which come to a Government through its diplomatic connections which it would be indelicate, discourteous, or unwise to give to the public. The official documents on American foreign relations and all white, gray, or orange papers are "edited." They are understood to be so by Congress, Parliament, the Reichstag, the Duma, &c., and no charge of dishonesty can be maintained against the respective Governments on that score.
If the Chancellor says that Germany was using her good offices in Vienna, this is as valuable a bit of evidence as the reprint of a dispatch in the "White Paper," unless we wish to impugn his veracity, and in that case the copy of a dispatch would be valueless, for he might have forged it. The entire argument, therefore, against Germany and Austria, based on what Mr. Beck calls the "suppression of vitally important documents," is void, unless you will apply it equally to Great Britain and the other countries.
In Sir Edward Grey's "White Paper" Mr. Beck has missed no important documents because he looked at England's well-prepared case through sympathetic eyes, and it did not occur to him to ask, "Where are all the documents bearing on Italian neutrality?" Does he believe that England was so little interested in the question whether she would have to fight two or three foes, and whether her way to Egypt and India would be safe or threatened? There are many dispatches to and from Rome included in the "White Paper," but not a mention of Italy's position.