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implies, namely convincing proof that the cause of war is suffering from maladies which are bound sooner or later to prove fatal. It is an array of strong and for the most part unanswerable arguments in favor of a new order of things and against the old which recognizes force as the arbiter of international relations, and, it might well be termed a “ lexicon of peace " inasmuch as every thought which a logical mind can conceive of in favor of a substitution of law and order for the anarchy of force is here presented in a most attractive form, namely with reference to events of contemporary history.
It is evident that the power of evolution and of moral progress is forcing the ideas of “ pacifism” – for brevity's sake we must eventually adopt this newly coined word as a legitimate addition to the Euglish language --- more and more to the forefront of public discussion. The reasons are accumulating why all the civilized nations, owing to the great technical achievements of modern times and the resulting growth of international commerce, have entered into relations of mutual dependence which compel them to strive for a mutual understanding. Settlements of international differences by force appear constantly to become more difficult, more risky and more ruinous for all concerned. At the same time the burdens for war preparations become more and more unbearable. The prosperity and the culture of the people are hemmed in their development by the growing armaments of our day. Therefore, remonstrances against a system of force still in vogue in international relations, but no longer in harmony with the requirements of an enlightened age, are growing in volume and importance in all countries of the world, and the desire to regulate the mutual interests of the nations fairly and equitably and to bring about international order on the basis of law and justice at last become a burning question of practical politics.
Mr. Fried's book is a lucidly written analysis of this important and interesting process. It is divided into three parts. The first is given over to a discussion of war in all its aspects and of the prophylaxis of war. The possibility of an armed conflict in Europe is referred to and the reasons are given which, in the judgment of the author, will place such an eventuality outside the scope of wisdom. In a most striking way the author enumerates the causes which have led to a change of sentiment and will eventually lead to a change of system. In this connection he points to a fact which is patent to all, but is not yet generally realized, though no stronger proof could possibly be adduced for the growing internationalism of the human family. In former years govern
ments and nations made their laws irrespective of other governments and nations. To-day when we change our financial or tariff laws we ask “What will England think about it?” “How will Germany and France take it?” And the same questions are paramount in the cabinets and parliaments of Europe when new laws are considered there, all of which goes to show, so the author correctly argues, that mere local and national considerations are no longer exclusive motives for legislation, but that all countries are actually controlled by international considerations.
In the second part the author discusses the most visible symptom of the international policy of force which he justly characterizes as anarchy, namely the armaments. By reference to actual occurrences and events of recent history the important and burning problem of the reduction of armaments is discussed from the viewpoint of modern “pacifism” which strives to remove the causes rather than the consequences of frietion.
The third part which is entitled “On the way to world organization” gathers a number of separate and distinct events of recent years, easily discernable as symptoms of a better international order, to make an ensemble picture which shows plainly the automatic development of international coöperation and of a general communion of the vital interests of all powers. The criticism passed upon the obstacles in the way of this evolution is a pacifist commentary on contemporary history and points to a gradual transformation from the old order to the new in the life of the nations of the world.
The book is the most comprehensive work of a talented and prolific author and, because of its unanswerable logic, is bound to make a profound impression in the country of militarism" par excellence." to be hoped that it will soon be available to English readers in an authorized translation.
Our Foreign Service. The ABC of American Diplomacy. By Frederick
Van Dyne, LL. M., American Consul at Kingston, Jamaica, formerly Assistant Solicitor of the Department of State of the United States, author of Citizenship of the United States, Van Dyne on Naturalization. etc. The Lawyers' Co-Operative Publishing Co., Rochester, N. Y. 1909.
Mr. Van Dyne's new volume consists of 205 pages of text printed with wide margins and liberal spaces, of 77 pages of appendix containing: “Regulations governing examinations for the office of Secretary of Embassy or Legation,” “ Present Diplomatic Service of the United States,” “ Regulations governing appointments and promotions in the ('onsular Service,” “ Regulations governing examinations,” “ Sample examination papers,” “ Present Consular Service of United States," · Forms.”
This is followed by an index of 28 pages, mainly printed in capitals.
The preface points out that the act of Congress of 1906 placing appointments and promotions in the Consular Service “ on a civil service basis" and the application of like principles to certain diplomatic appointments by presidential order of 1905, make possible attractive and honorable careers in our foreign service; that this book is designed for the general reader and for those desirous of entering the foreign service and those newly appointed thereto. The author hopes it may be found useful and interesting also to the legal profession and diplomatic and consular officers generally.
The text is divided into five heads dealing, first, with the Department of State; second, the Diplomatic Service; third, the Consular Service; fourth, Citizenship; fifth, the Literature of the Subject.
Mr. Van Dyne held first a clerkship and later the place of Assistanı Solicitor in the Department of State from 1891 to 1907, when he was appointed Consul at Kingston, Jamaica. He was arbitrator in the claim of Solon vs. San Domingo and he is the author, as appears, of two books, one on Citizenship published in 1904 and one on Naturalization in 1907, and now, after two years, of the present work.
The writer of this review has read the text with care and interest. The long acquaintance of the author with the routine of the Department of State and of a consular office is apparent and these are valuable assets.
Mr. Van Dyne has given, as he evidently purposed and his title indicates, a very elementary account of the department and the foreign service. The book is evidently written currente calamo with very limited research. The statements are seldom supported by references and, if a reference is given, it is often too vague and general to be of use; page and volume are habitually omitted. Various anecdotes, often humorous and seldom new, are freely introduced. Some digressions are indulged which seem of little avail in a work of instruction as that on “ Female Diplomatists,” page 74. The works referred to and quoted are often, though not always, of a light and popular character.
Some statements if not absolutely inaccurate are it seems slightly incor
rect and misleading. Thus on page 40 we are told, “ among our Secretaries of State who were particularly qualified by experience for the work of conducting our foreign affairs were the following: Thomas Jefferson, James Monroe, John Marshall, Lewis Cass, Elihu B. Washburne, each of whom represented the United States in Paris.” Mr. Jefferson succeeded Franklin as our minister at Paris in 1785 and became Secretary of State in 1790. Monroe was named minister to France by Washington in 1794 and became Secretary of State in 1810. Marshall was minister to France in 1797 and became Secretary of State in 1800. Cass was minister to France for five years in the thirties and became Secretary of State in 1857 under Buchanan, retiring in 1860. Mr. Washburne however was appointed Secretary of State by his intimate friend, President Grant, at the beginning of the latter's administration, but resigned almost at once to accept the mission to France which he filled most efficiently during the Franco-Prussian War and through the time of the Commune. It is submitted that he ought hardly to be classified with those whose services as minister “ qualified ”. them" by experience” for the Secretaryship as his diplomatic services were later in time than his services in the Cabinet.
The style of the book is highly colloquial and the author does not disdain such terms as “a good mixer " in speaking of the social qualifications of a diplomat.
The chapters give the impression of haste, as if compiled from notes gathered at random and with very limited time or labor, as a basis for lectures before classes of somewhat unsophisticated students. Yet it should be added that Mr. Van Dyne's long practical acquaintance with his subject and his frank and natural handling of it, his good sense, good temper and his facility make the work distinctly readable and undoubtedly valuable to beginners in this line.
The compilations in the appendix are convenient and some of them not easily accessible elsewhere.
The work seems worthy of a careful and severe revision, in which ancedote should be pruned and authenticated, exact citations habitually given, as in Mr. Van Dyne's earlier works, condensation, definiteness and authority sought for and the disposition toward expansion and popularity somewhat restrained.
Thus modified it might well become a lesser classic on a most interesting subject.
CHARLES NOBLE GREGORY.
L'ordine pubblico nel Diritto Internazionale. Andrea Rapisardi-Mira
belli. Catania (Niccolo Giannotta, Editore). 1908. L. 4.
This is a somewhat elaborate discussion of the place and meaning of the conception of “public order ” in international law.
The general significance of the phrase as employed by the author can perhaps be best ascertained by reference to the preliminary articles of the Civil Code of Italy, which in this regard is followed closely in language and ideas by the Spanish and other civil law codes. In sections 7 to 11 the general rules are laid down which determine the law, national or foreign, to be applied; then follows section 12 with its exception. No foreign law or judgment and no private agreement is in any case to take effect when it conflicts with an Italian law that is prohibitory or which in any way touches l'ordine pubblico e buon costume. “Public policy and good morals” may not perhaps furnish an entirely accurate translation of either member of the phrase; taken as a whole it seems to cover pretty nearly the same ground.
It is then “public order," as a ground of exception to the logical and generally approved rules applicable to the solution of ordinary questions of private international law, that engages our attention.
The form in which the conception appears in the Codes is indeed in the author's view by no means accidental or meaningless, but indicates on analysis the position of these Codes in the development of law and their historical associations. And, on the other hand we might fairly say that the expression of the principle as found in his national Code has considerably influenced the attitude of mind with which the writer approaches the problem involved.
That problem, in a very few words, is the meaning and justification of such a class of exceptions. Upon what is it logically based? Does it represent an irreducible residuum that cannot be brought into a rational system, or is it possible to define and rationalize the exceptions, relating them to a higher unity? Have we in fact in this case what is really and properly to be described as a conflict of laws, in which the strongest, i. e., that which has at its disposal the means of enforcement, wins; or is it still a matter of discovering and applying the proper law, though such law may, owing to special elements, differ from that applicable where no question of “public order” enters?
The historical aspect of the subject is treated at some length and not unprofitably, from the first faint shadowing of the doctrine which is detected in the theory of the real and personal statutes, to its definite