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and the eighteenth centuries renewals of treaties were commonly negotiated. Gradually rules to be specially operative in the case of war were introduced. Rights of the nature of servitudes were only temporarily suspended.

From 1815 the influence of the readjustment of political ideas which the Napoleonic era had forced upon Europe is evident in the doctrine in regard to treaties. Commerce in the modern sense and the newer systems of insurance make the incidence of loss from war less certain. The multiplication of international unions is an evidence of community of interests which mitigates against war. Yet in spite of the many reasons why war should not terminate all treaties there are some who still maintain the abstract doctrine that "war puts an end to all treaties." Most of these admit that there are exceptions. Others would maintain that "treaties subsist in spite of war."

The author also considers briefly the effect of recent wars upon treaties. He selects the Crimean War of 1856, the Franco-Prussian War of 1870, the Russo-Turkish War of 1878, the Chino-Japanese War of 1893, the Greco-Turkish War of 1897, the Spanish-American War of 1898, and the Russo-Japanese War of 1904.

Maintaining that instead of destroying treaties, war only modifies their operation, Dr. Jacomet says that the old doctrine that war puts an end to treaties should fall into oblivion with other errors which persist because they were held in the past. He, of course, admits that treaties of the nature of political alliances and economic agreements come to an end by reason of war. In the study which he has made Dr. Jacomet sees a proof of the ultimate triumph of law over force.

In the bibliography it is sometimes difficult to determine to what book reference is made because the edition is not mentioned. Such errors as the listing of David Dudley Field under "Dudley," the listing the works of Professor N. Ariga under "Nagao-Ariga" and the entry of Professor Moore as "Moore (J. Bassot)" are noticed.

GEO. G. WILSON.

La Question du Danube. By G. Demorgny. Preface by Louis Renault. Paris: Library of the Society of Recueil Sirey. 1911. Price 5 francs.

One of the characteristics of the beginning of the twentieth century is without doubt the organization of the Society of States, of which the different elements multiply: in Europe these are, besides the international

offices becoming from day to day more numerous, the Permanent Court of Arbitration and the International Prize Court; in America, besides the flourishing Pan-American Union, the young Central-American Union which has just been born. The moment appears then well chosen to study the most ancient of the organs of international administration, the European Commission of the Danube which, by the considerable services which it has rendered, deserves "the admiration and the gratitude of the civilized world" as the Crown Prince of Roumania declared when representing the King at the celebration of the fiftieth anniversary of its creation. Also the work that M. Demorgny has consecrated to it will be received as kindly in America as it has been in Europe.

This book is divided into two parts. In the first, after bringing into relief the considerable rôle played by the Danube in the communications between occidental and oriental Europe, the author outlines the political and diplomatic history of the basin of the great river, as it is indispensable to know the bordering states of the Danube, their interests and their aspirations in order to understand the policy of Europe regarding the rule to which she has subjected them.

The second part is more particularly devoted to the question of the navigation of the Danube and to the study of the legal form of government of this river. After a short outline of its status before 1856, M. Demorgny shows how the importance possessed by the mouth of this river for the maintenance of the political balance in the Orient determined the Powers to insert in the Treaty of Paris suitable rules in order to assure the liberty of the navigation of the Danube under the control of Europe and to expose the difficulties of political order, financial and material, that the European Commission of the Danube encountered in order to acquit itself of the task confided to it, the delicate situation of Roumania, a bordering power, with regard to the Commission, the actual regulating of the middle Danube, etc.

The most interesting chapters are those devoted to the organization of the European Commission itself, which the author, owing to the office he occupied, had the means of knowing well, to its personnel, its budget, to the works which it had undertaken and to the considerable improvements which it had brought to the navigation thereby becoming much safer and so easy that sea-going vessels of over 3,000 net register tons now come up to Galatz. These particulars were until now but little known and deserved to be published in order to show that, through good understanding between the Powers, they have been able to realize

a delicate and difficult work, which the bordering states could not have accomplished alone in such a short time and with such a continuity of views. If the judgments brought by the author on the policy of such or such of the bordering Powers of the Danube are susceptible of discussion, one can only subscribe without reserve to the justified eulogies that he bestows on the work of the Commission. An indisputable master of international law, M. Louis Renault, has kindly presented M. Demorgny's book with an authoritative preface: such patronage dispenses of all appreciation of the value of this work.

FRANCIS REY.

The Dutch Republic and the American Revolution. By Freidrich Edler, M. Dipl., Ph. D. (Johns Hopkins University Studies, Series xxix, No. 2.) Baltimore: Johns Hopkins Press. 1911. pp. vii, 252. The American Revolution, interpreted in a narrow sense, was a struggle of the American colonies to preserve their national independence against the aggressions of British imperialism. In a broader use of the term, it was an international conflict, involving many of the states of western and northern Europe. Dr. Edler's monograph has for its purpose the elucidation of the important part played by the United Provinces of the Netherlands in the European struggle. The point of view is largely that of diplomacy, covering the interpretation of old, and the formation of new, treaties, the principles of international law respecting the rights of belligerents and neutrals on the high seas, and allied subjects. The author has very wisely interpreted his theme in the light of economic, naval, military and political forces and events, and very properly so, for the international issues were laid deep in the desire of competing European nationalities to preserve or develop commercial and colonial advantages, sea-power, and political integrity. But the study is more than an account of the relations of the Dutch Republic with Europe. Both directly and indirectly, it presents a much needed history of the relations between an established republic in Europe and one across the sea struggling for recognition.

The monograph opens with a concise and lucid statement of the forces which, at the outbreak of the revolution, tended to draw upon England the open hostility of the Bourbon rulers and the resentment of Prussia. In this situation, the lack of preparation for war and the protection of her extensive carrying trade dictated a policy of the strictest neutrality for the Dutch. It was a policy most difficult to consummate. Internally

the republic was torn by party dissensions and the people were divided in sympathy between England and her colonies. Abroad she was forced to steer a precarious course between the bitter enemies, England and France, the former claiming Dutch assistance by virtue of treaties of alliance, the latter seeking to hold the republic to a policy of neutrality as the most effective means to aid France and harm England. Three chapters are devoted to the relations between the Dutch and England, one showing the efforts of the republic to maintain its policy of neutrality in the face of great odds, another to the development of Dutch antagonism under the pressure of English aggression, and the third to armed conflict between the two countries on the accession of the Dutch to the league of Armed Neutrality of 1780. Two chapters are allotted to the relations between the republic and the United States, one covering the early relations, the other the development of closer relations consequent upon the outbreak of the Dutch war with England. The final chapter deals with the peace negotiations which culminated in the treaty of 1783. It is the opinion of the author that the Dutch Republic, which had shown herself the benefactors of the United States and France, in the gigantic conflict, "must be considered the real and only victim of the American Revolution." By the treaty of peace she suffered severely in the loss of territory and national honor, and party dissensions deepened to such an extent a few years later as to cause a revolution when England seized the occasion to interfere and force the republic into a more complete submission to her will.

The study is securely based upon documentary evidence. Very fortunately the author found his material close at hand, consisting chiefly of the Spark's collection of transcripts in the libraries of Harvard and Cornell universities, the Bancroft collection in the library of the New York Public Library, and the Steven's Dutch Papers in the Library of Congress. In this way the archives of Europe have been made readily accessible to the student in America. The author has also availed himself of collections of source material in print, such as Wharton's Revolutionary Diplomatic Correspondence of the United States, Beaufort, Brieven van der Capellen, and others. He has also depended to some extent upon Dutch historians, such as Colenbrander, Davies, Blok, and Nijhoff. It would have been of great service to students had the author given a critical bibliography of his material.

Dr. Edler has given us a clear and well written account, based upon sound historical scholarship, of a subject which well warrants the time

and space given to it. It is evident that a line has been omitted from the sentence at the top of page 33.

W. T. ROOT.

L'Expulsion des Étrangers. By Alexis Martini. Paris: Larose and Tenin. 1909. pp. xxv, 369.

In this work M. Martini deals fully with the subject, which, considering its importance not only as a branch of international law but as a topic for the careful consideration of legislative bodies in those countries which have perennially to cope with the question of the admission and exclusion of aliens, has not received from publicists and text-writers the attention which it merits. The author points out that under the French law of 1849, which regulates the expulsion of foreigners in France, expulsion is a police measure purely administrative and within the discretion of the state to exercise; that it is not to be confused with extradition, and must be clearly distinguished from banishment in that banishment is the result of conviction for a crime; that the causes for expulsion need not be assigned and that there is no ground for appeal to the courts. He quotes and refutes attacks against the existence of the power of expulsion in foreign states, expressing the view that as between the state and the alien admitted a contractual relation springs into being simultaneously with his lawful entrance into the country, whereby the state undertakes to protect the foreigner and the latter to merit that protection; and that acts performed by the foreigner which give rise to his expulsion constitute a violation of the mutual agreement entered into between him and the state which justifies the withdrawal of the protection hitherto extended by the latter. He asserts the principle so often enunciated by the Supreme Court of the United States. that the right of expulsion is an inseparable element of national sovereignty, and points out that constitutional guarantees of liberty and security to person and property cannot be interpreted literally in their application to foreigners who subject themselves to expulsion.

In passing to the consideration of what persons are subject to expulsion under the law of 1849, which provides that it shall be within the power of the Minister of the Interior to order the expulsion of any alien traveling or residing in France, he points out that the birth of a child within French territory does not, as in the case of a child born in the United States, relieve him from the operation of the governmental right to exclude. Article 8 of the French Civil Code provides that children.

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