Page images

The church organization, founded upon the model of the Roman Empire, became a contending force for power and one of the great agencies in the development of the art of diplomacy. In the opening of the very interesting chapter upon "The Empire under the Carlovingians (chapter III), the story of the coronation of Charles the Great is told, concluding with these words portraying the contest which was to follow:

[ocr errors]

The two figures before the high altar of St. Peter's on that Christmas day form a symbolical picture of the whole course of history since the time of the Cæsars. The Roman and the German, the overshadowing past and the potential present, the universal and the individual, the majesty of law and the vigor of liberty, the world of the spirit and the world of actuality, imperial right and barbarian energy, all these are present, and all are henceforth to be combined as if swallowed up in one new creation. But it is the German who kneels in pious devotion, the present which humbles itself before the past, the individual who feels the power of the universal, the vigor of liberty which yields to the majesty of law, the actual which seeks strength from the spiritual, and the barbarian who has been conquered by the Empire. It is the Roman who bestows the crown, the Roman who speaks in the name of the divinity, the Roman whose transfigured republic is to profit by Rome's latest conquest; for after centuries of suffering, toil, and tragedy, it is the triumph of Rome's work which is before us.

Following the collapse of the Empire under the Carlovingians, the rise and history of the Holy Roman Empire of the German nation is given, marking

the beginning of a new era and a new order of ideas, in which the most antagon istic elements were to be brought into the most intimate relations. The efforts to reconcile their contradictions, destined to a failure not less tragic than the disruption of the Empire of Charles the Great, constitute the principal interest of the period.”

The history of the Venetians as diplomatists is especially interesting and instructive. This medieval diplomacy won great victories and established practices and customs in reference to diplomatic agents and negotiations that may well be studied carefully by the civilized governments of to-day.

[ocr errors]

What Doctor Hill says about the embarrassment in writing a history of diplomacy within proper bounds, on account of "the wealth of materials," also presents itself to a reviewer of his book one hardly knows where to stop. The general reader will find himself delighted with its pages, and the student will be refreshed and invigorated by its careful study. One sees in a panorama the rise, out of conditions creating it, of the profession, the art, and the science which we now know as modern diplomacy. It came not by design, but by necessity; it came "without

observation" until, in a better perspective, we now behold, in this review of human actions and events, the slowly rising foundations of the kingdom of mind and of peace - Diplomacy and International Law. CHARLES WILLIS NEEDHAM.

Traité de Droit Public International. By A. Mérignhac. Two volumes, 10 francs each. Librairie Générale de Droit et de Jurisprudence, 20 Rue Soufflot, Paris, France.

The second volume of the above entitled work has just come from the press, the first volume having been published in 1905. While the author is, like his father, an eminent authority on the civil law, his greatest claim upon our attention is because of the valuable work he has done in the international field. The most interesting and profound publication relating to the theory of arbitrations (De l'Arbitrage International) was written by him, as well as the most philosophic exposition of the work of The Hague Conference of 1899 (La Conférence Internationale de la Paix). From the standpoint of an up-to-date study of the condition of international law, the volume under consideration is no less valuable, its distinguishing feature being its review as of to-day of the questions which are most discussed in the world of the law of nations. This is manifest from a hasty glance at its contents.

The first volume discusses the foundations and general theory of international law, with an important historical review; the sources of such law; the fundamental principles; the primary rights of the state; the influences bearing upon its destiny, particularly the relations existing between states in their several aggroupments - European and American. Special attention is given, as might be expected, to the question of arbitration, and the most recent cases submitted to The Hague Court, beginning with the Pious Fund of the Californias sent there by the joint action of the United States and Mexico, receive their proper attention.

In the second volume the state, as a subject of public international law, receives special study, and the condition of states as composite or federal are carefully investigated, as also the positions of certain of them with relation to international guaranties and protectorates. The status of diplomatic and consular representatives receives due treatment, while the territorial question in all its phases is fully discussed. Treaties of every kind receive proper consideration.

The person who would desire to have a thorough working knowledge

of the questions now existent in the field of international law and diplomatic action and pressing for settlement cannot do better than to thoroughly acquaint himself with these volumes, covering as they do the normal attitude of states the peaceful one.

[ocr errors]


Le Droit International, Les Principes, Les Théories, Les Faits. By Ernest Nys. Three volumes (Vol. 3 in two parts). Albert Fontemoing, Paris, France, publisher.

The present year concludes this important publication, its distinguished author having already marked his career by the production of valuable contributions to what we may now fairly call the science of international law, many appearing in the Revue de Droit International, of which he is an editor.

The work opens with a philosophic discussion of the origin and growth of international law, following its development as parallel with that of civilization. Everywhere he recognizes that the last word has not been said, the science growing with the growth of communities.

Mr. Nys follows with a historical review of the work of the authors who successively have contributed to the development of the science, then discusses the ancient and modern conception of a state, its recognition, and states as sovereign or non-sovereign entities. The bases and modes of formation of the law receive full and interesting discussion as well as the attempts to codify it. The bibliography of the subject is given adequate review.

An important section is devoted to the discussion of states, their characteristics, the theory of nationalities, their classification and extinction.

The territory of a state as to its frontiers, its waters, lakes, rivers, straits, canalsits littorals and aerial control, conclude the work of the first volume.

The second volume opens with a treatment of the manner of acquisition of territory, sovereignty over colonies and non-civilized regions, following with control of international waters. The laws of the high seas receive thorough discussion, after which is given an important disquisition upon the essential rights of states, members of the international society, with relation to each other, while diplomatic and consular rights and privileges are carefully examined.

The third volume (in two parts) discusses negotiations, conferences,

congresses, treaties, and the amicable solution of differences, following with the incidents and laws of war. Neutrality and the rights and duties of neutrals receive full consideration, the work terminating naturally with the conclusion of peace.

This review, necessarily imperfect, may serve to furnish some idea of the scope of this important work, but does not do justice to its philosophic spirit. The writer has made a contribution of great value to the student of international law.


A Treatise on the Law of Naturalization of the United States. By Frederick Van Dyne, LL. M. Washington: Frederick Van Dyne. 1907.

The author of this work now occupies an important post in the American consular service. Three years ago, while holding the position of assistant solicitor of the Department of State, he published a work on Citizenship of the United States, a work which was at the time highly commended by competent critics and which those who have since used it have found to be an excellent manual. It was natural that Mr. Van Dyne should follow up his volume on citizenship with a treatise on naturalization. The two topics, though distinct, are so closely related, and so constantly blend, the one into the other, that they may be said scientifically to form component parts of one entire subject.

Mr. Van Dync remarks in his preface that

one of the most creditable achievements of the administration of President Roosevelt was the reformation of our naturalization laws.

Under the previously existing statutes, enacted more than a hundred years ago, when the population of the country was less than four millions. and the number of immigrants small, the safeguards provided against fraud were slight, and as immigration increased they came to be less and less effective. Spurious certificates were so easily obtained and so shamelessly employed that the matter became a public scandal. Year after year Presidents brought it to the attention of Congress; but it was not till 1905 that a remedial step was taken. In that year, on the suggestion, it is understood, of the Honorable Oscar S. Straus, now Secretary of Commerce and Labor, who in his two terms of service as minister to Turkey had had ample experience of the evils of lax naturalization, President Roosevelt appointed a commission to investigate the subject

[ocr errors]

of naturalization and to recommend legislation. The bills drafted by this commission were not enacted into law, but the commission's recommendations formed the basis of the act of Congress which received the approval of the President on June 29, 1906. This act, as Mr. Van Dyne remarks, effects a revolution in our system of naturalization, giving to the Federal Government effective control of the subject through a central bureau in the Department of Commerce and Labor, and throwing about the process of admission to citizenship wisely contrived safeguards. Moreover, by the act of Congress of March 2, 1907, further and important modifications have been made of the law relating to naturalization.

All this new legislation, as well as the old, is exhaustively analyzed and discussed in the present treatise, which is specially designed to meet the needs of the judges and clerks of naturalizing courts, of United States attorneys who appear in naturalization proceedings, of diplomatic and consular officers, and of officials having to do with immigration and other matters in which questions of citizenship and naturalization are involved. After defining naturalization, Mr. Van Dyne discusses the power to regulate it and the character of the process. He shows what courts are authorized to grant naturalization, and what the duties are that are imposed upon the courts in connection with the discharge of this function. The entire proceeding is described step by step, including the declaration of intention, the petition for admission to citizenship, the production of witnesses, and the final hearing. The conditions of naturalization are fully set forth and explained, as well as the circumstances in which naturalization may be impeached. Separate chapters are given, respectively, to the subject of naturalization by the naturalization of parents, to that of naturalization by marriage, and to that of collective naturalization, whether by conquest, by treaty, by the admission of a Territory to statehood, or by special act of Congress. Chapters are also given to the subjects of expatriation and passports; and the attitude of foreign governments toward their citizens who have been naturalized in the United States is disclosed in detail, beginning with Austria-Hungary and ending with Turkey, in a list of seventeen countries.

In an appendix, there is a collection of documents which must prove to be of great practical value. These embrace the laws of the United States relating to naturalization and expatriation, including the appropriate sections of the Revised Statutes and the acts of June 29, 1906, and March 2, 1907; the eleven naturalization treaties to which the United States is a party; the executive orders of April 6 and April 8, 1907,

« PreviousContinue »