found to be delightful and instructive reading by both layman and lawyer. There is here the excellent and cultured style, the charming mod esty, the deep learning and vigorous thinking which marks all that Professor Thayer writes, — qualities which make us wish that he were a more prolific writer in the fields both of law and of literature. The frontispiece is an excellent photogravure from the well-known miniature by St. Mémin; but it would have added to the interest of an already enjoyable volume if the traditions of this Biographical Series had sanctioned the use of several interesting and little-known portraits of Marshall, photographs of which are in Pro fessor Thayer's possession.
NEW
LAW
BOOKS.
A TREATISE ON INTERNATIONAL LAW, includ ing American Diplomacy. By Hon. Cushman K. Davis, Late Chairman Committee on For eign Relations, U. S. Senate. Introduction by Hon. Henry Cabot Lodge, LL.D. Anno tated and Revised by Peter J. Jfealy, D. C. L. St. Paul, Minn : Keefe-Davidson Law Book Company. 1901. Law lamb, $3.50; Cloth, $3.00. (368 pp.) This little book conies into the world with unusual stir, for it is not only the offspring of a senator, late Chairman of the Committee on Foreign Affairs; but is introduced by a fellow senator and man of letters, and annotated and revised by a doctor of the civil law I It almost reminds one of royalty. "Gentlemen," said Louis XIV, on introducing his little grandson, "this is the King of Spain." The result in both cases was unfortunate. The title leads one to expect something much more profound from the book, which states itself to be a " Treatise on International Law includ ing American Diplomacy " — all contained in 368 pages, text, notes, appendix and index. International law and American diplomacy must indeed be short and simple subjects to be treated within this compass. The fact is, the pretence is all in the title, for the book itself does not attempt to cover the ground indicated. The late Senator Davis, whose mind — witness the book — was admir ably stored with International law, delivered a
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course of lectures, informal talks would be the better term, on International law and one on American diplomacy. The fundamental prin ciples of International law are clearly stated, but in a positive way, without suggesting that the doctrines of the text are disputed or that they are not universally accepted. A single indication of this will suffice to show what is meant. " The general principle of International law is this: That every vessel on the high seas is a part of the territory of the country whose flag it bears," page 188. This may be true : it has the authority of Secretaries of State; but it would not be go ing too far to oppose the great authority of Lord Stowell, who maintains the contrary. This posi tive method of statement is apt to mislead, for one might accept it as law rather than as the personal opinion of the writer. A student would undoubtedly carry away much from the book, but would have to modify his doctrines considerably and broaden them without adequate suggestion from author or editor. Still compression and positiveness have at times an advantage as on page 69, where the privileges and immunities of ambassadors and ministers are admirably summarized; page 95, where the right of de facto States to recognition are tersely and correctly stated; pages 9 7- 102 where the question of intervention on behalf of insurgent States is examined; and pages 140-141, dealing with the effect of war on treaties and relations would easily bear quotation. There are other passages scarcely less good, but the scope of the book is so limited, the thread of comment so slender, that it requires consider able courage to call it a treatise. The style is generally agreeable, always in teresting, but is open at times to the charge of informality. In the lectures as delivered, these passages were probably enjoyed but the editor might have revised them with profit to the book. For instance, in speaking of mob violence at Rock Springs, Wyoming, Senator Davis says that the Chinese " were asked by a turbulent mob, composed largely of aliens, to join in a strike for higher wages. John Chinaman did not see it that way, and refused to join," page 63. In another passage he compares Secretary Seward, during the troubles with France about Mexico, to "a blown pugilist, sparring for wind," page 282.
