A Hundred Years of American Diplomacy: A Paper (Classic Reprint)
(Excerpt from A Hundred Years of American Diplomacy: A Pap...)
Excerpt from A Hundred Years of American Diplomacy: A Paper
Somewhat less than a century and a quarter ago the repre sentatives of the United States of America, assembled in General Congress at the city of Philadelphia, declared that the thirteen United Colonies possessed, as free and independ ent States, full power to leyy'wargconclude peace, contract alliances, establish commeféej'apd to do acts and things which Independent States fiay'bf right do. The period that has since elapsed, measured by the general duration of national life, is comparatively'firief; bi'itrits importance is not to be estimated by length of years. The United States came into being, as an independent nation, on the eve of great mutations in the world's political and moral order. The prin ciples on which the government was founded were indeed not new; they had been proclaimed by philosophers in other times and in other lands; but they found here a congenial and unpre occupied soil and an opportunity to grow. The theories of philosophers became in America the practice of statesmen. The rights of man became the rights of men. But the new nation, though conceived in liberty and dedicated to freedom, was practical in its aims and judicious in its methods. It also recognized the right to life, liberty and the pursuit of happi ness as belonging to men not only as individuals. But also in their aggregate political capacity as independent nations. Adopting therefore as its rule non-intervention, it declined the proposal of the revolutionary government in France, in 1793, for a national agreement, in which two great peoples shall suspend their commercial and political interests, and establish a mutual understanding to defend the empire of liberty.
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A Treatise on Extradition and Interstate Rendition, Vol. 1 of 2: With Appendices Containing the Treaties and Statutes Relating to Extradition; The ... Rules of Practice, and Forms, in Force in Th
(Excerpt from A Treatise on Extradition and Interstate Ren...)
Excerpt from A Treatise on Extradition and Interstate Rendition, Vol. 1 of 2: With Appendices Containing the Treaties and Statutes Relating to Extradition; The Treaties Relating to the Desertion of Seamen; And the Statutes, Rules of Practice, and Forms, in Force in the Several States and Territories
An examination Of the extradition cases before the courts in the United States on habeas corpus will show that in almost every instance where the prisoner has been discharged, there has been a failure of justice be cause of a defect either m the complaint, in the warrant of arrest, or in the authentication of the documentary evidence. These subjects, therefore, are of the utmost practical importance; and yet, if accorded passing notice, they are usually dismissed with general state ments which afford little guidance in the preparation and conduct Of a case. It is one of the Objects of the present work, by the presentation of judicially approved forms as well as by the exposition of what the courts have decided in respect to particular questions, to mini mize the chances of error in technical matters.
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Henry Clay and Pan-Americanism: An Address Delivered by Hon. John Bassett Moore, New York City, Before the Kentucky State Bar Association, at Frankfort, Kentucky, July 8, 1915 (Classic Reprint)
(Excerpt from Henry Clay and Pan-Americanism: An Address D...)
Excerpt from Henry Clay and Pan-Americanism: An Address Delivered by Hon. John Bassett Moore, New York City, Before the Kentucky State Bar Association, at Frankfort, Kentucky, July 8, 1915
The opinion of the friends of freedom in Europe was, he declared, that the policy of the United States had been cold, heartless, and indifferent towards the great est cause which could possibly engage our affections and enlist our feelings in its behalf. He would no longer justify this impression. He would break the commer cial and political fetters by which the New World had so long been confined. Let us, he exclaimed, become real and true Americans and place ourselves at the head of the American system.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
History and Digest of the International Arbitrations to Which the United States Has Been a Party, Vol. 5 of 6: Together with Appendices Containing the ... Legal Notes on Other International Arbitratio
(Excerpt from History and Digest of the International Arbi...)
Excerpt from History and Digest of the International Arbitrations to Which the United States Has Been a Party, Vol. 5 of 6: Together With Appendices Containing the Treaties Relating to Such Arbitrations, and Historical and Legal Notes on Other International Arbitrations Ancient and Modern
Chapter A. French Indemnity: Convention of April 30, 1803. French Indemnity: Convention of July 4, 1831.
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(Excerpt from The Passion for Uniformity
Meanwhile, vari...)
Excerpt from The Passion for Uniformity
Meanwhile, various proposals have been made for the adop tion of a general international code. Drafts of such a code have been prepared by eminent jurists. A German and an American were pioneers in this work; and the draft prepared by the great Italian publicist, Pasquale Fiore, of which an English version may soon appear, has reached a fifth edition. All these drafts, it is proper to say, represent for the most part a summary of existing law; and this remark is made in a spirit of commenda tion. But as yet none of them has been submitted to an interna tional body for consideration and action.
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The works of James Buchanan, comprising his speeches, state papers, and private correspondence;
(This is a reproduction of a book published before 1923. T...)
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
Asylum in Legations and Consulates and in Vessels (Classic Reprint)
(Excerpt from Asylum in Legations and Consulates and in Ve...)
Excerpt from Asylum in Legations and Consulates and in Vessels
When we speak of the right of asylum in respect to legations and consulates and to vessels, we have an admixture of ideas old and new. On the one hand, we are confronted with the ancient question as to the protection of the fugitive on the other hand, instead of dealing with early superstitions, we are required to find a basis for such protection in the rights and immunities guaran teed by international law. In considering these topics, I shall first discuss the subject of asylum in legations and consulates.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
A Digest of International Law, Vol. 6 of 8: As Embodied in Diplomatic Discussions, Treaties and Other International Agreements, International Awards, ... and the Writings of Jurists (Classic Reprint)
(Excerpt from A Digest of International Law, Vol. 6 of 8: ...)
Excerpt from A Digest of International Law, Vol. 6 of 8: As Embodied in Diplomatic Discussions, Treaties and Other International Agreements, International Awards, the Decisions of Municipal Courts, and the Writings of Jurists
As an example of intervention to put an end to abhorrent conditions, the case of Bulgaria in 1876 may be taken.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
International Law and Some Current Illusions and Other Essays
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The Making of Modern Law: Foreign, Comparative and Inte...)
The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.
Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.
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The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification:
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Yale Law Library
LP3Y0072100
19240101
The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926
New York: The Macmillan Company, 1924
xviii p., 1 l., 381 p. 23 cm
United States
John Bassett Moore was an authority on international law, who was a member of the Hague Tribunal and the first American judge to serve on the Permanent Court of International Justice (the "World Court").
Background
John B. Moore was born on December 3, 1860, in Smyrna, Delaware, the only child of John Adams Moore and Martha Anne Ferguson. His father, whose ancestors had settled in Delaware before the Revolution, served the community both as a physician and as a state legislator (1861). His mother's family came originally from Maryland, where his uncle, Rev. Colin Ferguson, was president of Washington College, Chestertown.
Education
A frail youth, John was tutored by his parents, then enrolled in a private school in Felton, Delaware. Thus provided with a background in classics, history, and literature, Moore was admitted to the University of Virginia in 1877. There he continued his studies in the liberal arts and took up the discipline that would become his life's work - law.
In 1880, Moore left the university for reasons of health without receiving a degree. But he continued his legal education as an apprentice in the office of former Delaware State District Attorney Edward G. Bradford and was admitted to the bar in 1883.
Career
In 1885, urged by United States Senator George Gray and Secretary of State Thomas F. Bayard, Moore successfully took the examination for a clerkship in the Department of State. In the small, closely knit department of veterans including assistant secretaries William Hunter and Alvey A. Adee, Chief Clerk Sevellon A. Brown and Solicitor Francis Wharton, Moore received unique tutelage and experience.
As Adee's clerk in the Diplomatic Bureau (1885 - 1886), and as third assistant secretary (1886 - 1891), Moore was exposed to every major item of American diplomatic and consular business. In addition, he developed his scholarly talents by helping Wharton compile A Digest of the International Law of the United States (3 vols. , 1886) and edit The Revolutionary Diplomatic Correspondence of the United States (6 vols. , 1889), which was completed by Moore after Wharton's death. Although offered an assistant secretaryship in 1891, Moore was prompted by his increasing editorial commitments to seek more permanent and remunerative employment. He thus accepted an offer to become, at thirty-one, the first Hamilton Fish professor of law and diplomacy at Columbia University.
Moore then began a career pattern of scholarship interspersed with public service that was to last for more than thirty years. In his courses on international law and American diplomacy, he emphasized the importance of historical origins and evolutionary trends as a prerequisite to understanding both subjects. Moore's continuous research in the State Department archives resulted in many published works, including articles on extraterritoriality, extradition, and consular rights and duties. His History and Digest of International Arbitrations (6 vols. , 1898) was followed by the Digest of International Law (8 vols. , 1906). Originally planned as a revision of Wharton's Digest, Moore's work grew into an authoritative history of the origin, nature, and resolution of the cases involved. It became the standard legal compendium for the next generation. His interest in American foreign policy led to the publication of American Diplomacy: Its Spirit and Achievements (1905) and Four Phases of American Development (1908), both of which traced the evolution of trends and principles in diplomatic history.
As a prolific and trenchant commentator on American diplomacy, Moore consistently counseled a policy of practical internationalism. Seeing the emerging world role of the United States, he stressed the need for a concurrent expansion of its diplomatic machinery and urged abandonment of isolationism in favor of participation in a variety of world legal, economic, and cultural associations. Yet, while he applied humanitarian and ethical standards to intergovernmental relations, he abhorred the tendency to view international affairs in absolute moral terms of right and wrong. A life-long realist in diplomacy, he warned against following both the advocates of self-interest in imperialism and the proponents of utopian solutions to world problems through international agencies. Moore's role in public service continued almost unabated even after he entered academic life.
He often conferred unofficially during the 1890's with secretaries of state Walter Q. Gresham and William R. Day, and from the latter in 1898 he accepted appointment as assistant secretary of state.
Taking office on the eve of the Spanish-American War, Moore quickly organized the staff and applied his expertise to maintaining the legality of America's belligerent activities and insuring the strict neutrality of the major powers. After helping to draft the armistice terms, he was named secretary and counsel to the Paris Peace Commission. In this role he was principally responsible for drawing up the peace treaty that compelled Spain to relinquish Cuba and to cede Puerto Rico, Guam, and the Philippine archipelago to the United States. Although the treaty reflected the wishes of the McKinley administration, Moore apparently justified the absorption of former Spanish colonies as an acceptable outcome of war rather than a naked act of imperialism.
As an official foreign policy advisor during the early 1900's, Moore was forced by events to reconcile his belief in international legality with the realities of international politics, especially in regard to Latin America. For example, while he accepted the time-honored principle of nonintervention in the affairs of sovereign states, he supported Theodore Roosevelt's limited intervention in the Caribbean as a reflection of America's legitimate interest in preventing economic chaos and forestalling more drastic intervention by European powers. Likewise his belief in the need for an isthmian canal led him to support American efforts to achieve it.
He helped draft the first Hay-Pauncefote Treaty (1900) with England, giving the United States sole right to construct a canal; and in 1903, when the government of Colombia balked, he provided Theodore Roosevelt with legal justification for a planned seizure of the Isthmus of Panama by pointing to an 1846 treaty with New Grenada (Colombia), granting the United States the authority to guarantee the neutrality and free transit of the isthmus.
In 1910, he accepted limited assignments as delegate to the Fourth International Conference of American States, and, in 1912, as head of the American delegation to the International Commission of Jurists. President Taft's recognition of Moore's preeminence in the field of law and diplomacy came in 1912, when he named Moore a member of the Permanent Court of Arbitration, The Hague.
The election of Woodrow Wilson seemed to offer Moore an opportunity for significant service, and he returned to the State Department as counselor in 1913. Unfortunately, he found himself frustrated by the president's conduct of diplomacy, culminating in what he regarded as unwarranted intervention in the Mexican revolution.
He resigned after one year and, although he continued to advise the administration publicly and privately, his influence on Wilsonian policies was minimal. Moore increasingly saw the perils inherent in Wilson's idealistic approach to foreign affairs. A strict advocate of the historic duties of neutral nations, he opposed the president's modification of this policy in the early years of World War I to favor the allies, and he regarded the German response as justifiable.
Moore's efforts during the war years were devoted primarily to organizations concerned with international cooperation and justice. He served as president of both the Lake Mohonk Conference on International Arbitration (1914) and the Pan-American Society (1916 - 1921), as delegate to the Pan-American Financial Conferences of 1915 and 1919, and as officer in the New York and World Peace Societies and International Red Cross Relief Board.
The postwar years produced the strongest challenge to Moore's philosophy of practical internationalism. Maintaining his faith in the value of international adjudication, he supported the establishment of the Permanent Court of International Justice (the World Court) at The Hague. Yet he opposed its parent organization, the League of Nations, as an instrument of idealistic futility incongruously designed to impose world peace through the threat of collective force. Furthermore, he did not believe the world balance of power had been permanently altered by World War I, and thus saw no need for the balancing influence of the United States in such an international compact.
Moore received the ultimate recognition of his professional stature in 1921, when he was selected the first American judge of the World Court. He served with distinction until 1928, presiding over the court's Commission of Jurists as it formulated rules of international conduct in time of war, 1922 - 1923. Continuing to urge the extension and use of traditional forms of international association, arbitration, and conciliation, and to resist such novel interpretations of international law as the Kellogg-Briand Pact, he also worked to preserve the court's freedom from league political pressures and recommended American abstention until such independence could be won.
In 1928, Moore retired from the court (he had retired from Columbia University in 1924) in order to devote full time to the preparation of his last major editorial work, the International Adjudications (1936), which he envisioned as the initial portion of a comprehensive international law library composed of adjudications, treaties, and state papers.
Infrequently, in the 1930's, he wrote publicly in opposition to what he considered capricious alterations of American neutrality policy and dangerous expansion of executive prerogatives by Franklin D. Roosevelt. In his practice, he occasionally handled private cases for clients involved in international litigation. Moore died on November 12, 1947, after a series of strokes at his home in New York City and was buried there in Woodlawn Cemetery.
(Excerpt from A Digest of International Law, Vol. 6 of 8: ...)
Views
Moore was a proponent of neutrality, believing that the post-World War I system of alliances would tend to broaden wars into global conflicts. He was also a strong believer in the principle of separation of powers under the United States Constitution.
Quotations:
"There can hardly be room for doubt that the framers of the constitution, when they vested in Congress the power to declare war, never imagined that they were leaving it to the executive to use the military and naval forces of the United States all over the world for the purpose of actually coercing other nations, occupying their territory, and killing their soldiers and citizens, all according to his own notions of the fitness of things, as long as he refrained from calling his action war or persisted in calling it peace. "
Personality
John Bassett Moore was a charmingly brilliant man with a tolerant nature and a gift for witty repartee.
Connections
On April 9, 1890, John B. Moore married Helen Frances Toland of Philadelphia. They had three children.