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luded with the belief that a considerable party in England desired to re-enact the scenes of the French Revolution in their own country, a belief which “Pitt, even when dealing with Burke, was not so hypocritical as to profess." While thus formally adhering to the more charitable explanation, Laprade's numerous arguments in support of the other indicate that he believes it to be at least partially the true one. The character of Fox seems to receive more kindly consideration than

Many excuses are offered and numerous defenses attempted. But even here there is no hero-worship.

We would be slow to affirm that Fox was actuated by motives or employed methods that were on a higher plane than those of his eminent rival. It may be that, if opportunity had offered, he would have hazarded public fortune to secure his private interest. But to his credit be it said that he did not do so.

(p. 53.)

any other.

The following indicates the writer's opinion as to the influence of Dundas and Grenville:

Pitt now [1791] had a secretary of state for home affairs of whom he later said, “ Every act of his is as much mine as his.” If he ha not been writing to Grenville he might with equal propriety at that time have affirmed the same thing of the new head of the foreign department.

(p. 30.)

This is an interesting contrast to what E. D. Adams says in his Influence of Grenville on Pitt's Foreign Policy, 1787–1798, p. 3:

At least two of the members of the Cabinet, Dundas and Grenville, asserted their authority in their own departments, and were in consequence rather the fellow ministers of Pitt than his executive agents.

The most interesting feature of the monograph is the character of the sources used. No mention is made of secondary sources. The bibliography includes manuscripts; newspapers and periodicals; biography, correspondence, etc.; and pamphlets, tracts, etc. The last group occupies thirty-one of the thirty-six pages of bibliography.

The book is interestingly and, with a few unimportant exceptions, accurately written. Dealing with mooted questions, as it does, some exceptions are sure to be taken to its conclusions. From the facts selected the inferences seem to follow legitimately. But one cannot help feeling that in some cases other facts might have been chosen from the same sources in support of contrary opinions. The author appears to have made a sincere effort to be honest and impartial.


The Prerogative Right of Revoking Treaty Privileges to Alien Subjects.

By Thomas Hodgins, LL. D., Judge of the Exchequer Court in Admiralty, Canada. Toronto: The Carswell Co. 1909. pp. 27.

This is a reprint of an article originally published in The Nineteenth Century and After. It is a brief for the British side of the Newfoundland fishery controversy between Great Britain and the United States which will shortly be decided by the Hague Tribunal.

With all due deference to a Canadian Judge in Admiralty, the argument can hardly be considered successful. It is largely based upon a tu quoque, but the fact that the United States is a great sinner (and we contritely confess as much) does not absolve Great Britain or any other state from fulfilling her international obligations.

The theoretical support of the author's position is extremely weak. The main authorities cited are Vattel and Hautefeuille, although the author has also drawn upon Phillimore, Wheaton, Heffter, Halleck, Bluntschli, and Hall (the latter being the most recent publicist quoted).

These were certainly excellent authorities in their day, but it is about time that our Anglo-American lawyers and judges awake to a realization of the fact that the views of some of these writers are largely obsolete and no longer adequate, and that there are more recent publicists whose erudition is at least equally great and whose views are better adapted to the needs of our time.

In thus passing what may to some appear to be a severe judgment upon the juristic product of a neighbor with whom we should live upon terms of friendship and reciprocity, the reviewe: is unconscious of the slightest degree of national bias.


pp. 765.

La Seconde Conference de la Paix Réunie à La Haye en 1907. Bv

Antonio S. Dé Bustamente y Sirven. Translated from the Spanish by Georges Scelle. Paris: J.-B. Sirey. 1909.

The JOURNAL is happy to announce that Señor Bustamente y Sirven's book on the Second Hague Conference, which originally appeared in Spanish, has been translated into French by M. Georges Scelle. The Spanish text was, upon its appearance, reviewed in the Journal, Vol. II,

It is, therefore, unnecessary to comment further upon the work, except to express satisfaction that it has been translated into French. Every account of the Hague Conferences performs a genuine service, inasmuch as it informs the public of the great and permanent results accomplished by the two conferences and tends to create public opinion for their continuance.

page 973.

The People's Law. By Charles Sumner Lobingier. New York: The

Macmillan Co. 1909. As the title page indicates, this generous volume of over 400 pages is an historical study of the participation of the people in law-making, both constitutional and statutory law, from the ancient folk-moot to the modern referendum. It is a study in the evolution of democracy and of direct legislation.

Part I, “ Genesis,” investigates the origin and early development of the idea of popular participation in law-making, beginning with the archaic folk-moot of the Aryan peoples, and showing how this democratic idea was carried onward through the centuries finding its expression in the Teutonic folk-moot, the church covenants of the Reformation, and particularly in the Calvinistic theocracy, through which this idea was carried to England, there to revive and propagate, through the medium of ecclesiastical organization, popular participation in community affairs at a time when through the decline of the guilds demo. cratic principles were being forsaken. That Calvinism exerted a more profound influence upon democracy in government in England than in other countries of Europe is attributed to the influence of the democratic guild organization which preceded its spread.

It was in this atmosphere, permeated with the spirit of guild life and infused with the democratic ideas which it fostered, surrounded by these venerable institutions which had formed almost the only school of the English people in self-government during the Middle Ages,

that the church was founded.

After showing how the idea of popular law-making was transplanted to America through the medium of the Puritans, the writer devotes two chapters to a study of popular ratification of public acts in the American colonies.

Part II, “ Popular Constitution-Making in the United States," which comprises one-half of the volume, takes up the origin of the idea of constitution-making in the revolutionary era and its development during the first forty-five years of our national existence when but one-fourth of the State constitutions were actually voted upon by the people, to the present day when popular ratification has become general. A chapter

Recapitulation and Results ” presents an interesting summary of the previous discussion together with a brief analysis of the pros and cons of the initiative and referendum.

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Part III, “ Popular Law- Making in the United States," attempts within the limits of twenty pages to discuss the development of the idea of the statutory referendum as to particular measures and of the initiative and referendum as to any measures.

Part IV, “ Popular Participation in Law-Making Outside of the United States," devotes a number of chapters to the development of this idea in France, Italy, other European countries, Latin-America, and Australia.

The real scientific value of this clearly written, carefully prepared, and laborious pioneer study, seems to lie in the wealth of historical data from original sources which has been compiled in logical fashion. It is a valuable contribution to the history of politics.

Its practical value for the construction of concrete political policies, it would seem, could probably have been much enhanced had more space been devoted to a discussion of the advantages and disadvantages of popular participation in constitutional and statutory law-making, and the presentation of more deductions of immediate practical value in the determination of the proper sphere of the initiative and referendum. Although a judicial and impartial study, the book represents a powerful historical argument in favor of the direct participation of the people in constitution and in law making.

In a scholarly introduction to the book, Prof. George Elliott Howard, to whom the volume is also dedicated, says:

His monograph rests upon a wealth of source materials never before thoroughly explored.

He has enabled the student securely to follow the evolution of the written constitution in the colonial and revolutionary periods and in the individual States during the century and a quarter of our national existence. The author has enriched our historical literature with an illuminative treatise which will prove of great service to every student of political science and juris. prudence.


International Law. By George Grafton Wilson, Ph. D., Professor in

Brown University, and George Fox Tucker, Ph. D., lately reporter of decisions of the Supreme Judicial Court of Massachusetts. 5th ed. New York: Silver, Burdett and Company. 1910. pp. xix, 505.

The new edition of this well-known text-book contains so many changes and so much new material that it deserves more than a passing notice. The authors have made little change in the general classification and

arrangement of material, having already attained a remarkable degree of success in this respect. There system is logical and worked out with great care.

The tremendous development of international law since the call for the first Hague Conference in 1898 has rendered large parts of existing text-books obsolete. Many of the so-called revised editions are not real revisions at all. Such can not be said of the volume before us. It embodies the results of the two Hague Conferences and of the London Naval Conference of 1909 as well as other new material. The reader may be inclined at first sight to criticise the adoption in the text of so many provisions from recent conventions, the status of which is still a matter of uncertainty, but a closer examination will show that the authors have put in the text only those provisions on which the powers are practically agreed. The fact that Dr. Wilson was one of the American delegates to the London Conference has enabled him to speak with special authority on all matters relating to the commerce of neutrals.

The volume is designed as a practical text-book for the average college or law school course in international law. It is necessarily brief and omits altogether some topics to be found in the larger treatises, but it covers the essential points. It is clear, logical, well proportioned, accurate, and fully abreast of the times. These qualities should appeal to the general reader as well as to the student, and there is probably no book of like compass which gives so comprehensive a view of the subject. There are fifteen appendices, containing the texts of recent conventions and other interesting matter.


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