The Legislative History of Naturalization in the United States from the Revolutionary War to1861. by Frank George FranklinThe American Journal of International Law, Vol. 1, No. 1 (Jan. - Apr., 1907), pp. 262-263Published by: American Society of International LawStable URL: http://www.jstor.org/stable/2186320 .

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262 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

cited, and index. The cases now reported-eight in number-touch a number of interesting questions, including the responsibility of a gov- ernment to foreigners for avoidable loss in military operations; the right to take jurisdiction when the claimant is only informally present; the freedom of the respondent nation from responsibility when the laws governing her courts relating to the matter in dispute were the product of civilization and have been reasonably executed; responsibility of governments for failure to punish officers who had injured foreigners; the determination of conflict of laws relative to citizenship by the place of domicile; rules of interpretation of treaties; effect of a previous award as res judicata; want of responsibility for damages not direct and approximate; effect of marriage upon citizenship of claimant; responsi- bility for losses accruing from unjustifiable refusal to permit the transfer of a franchise; liability of a government for damages to railroad property used by the government or by successful revolutionary forces.

The claimants demanded, in round numbers, $8,100,000 and recovered $668,000.

In connnection with Venezuelan Arbitrations of 1903, this work will prove a useful addition to the law of international claims as laid down by arbitral tribunals.

The Legislative History of Naturalization in the United States from the Revolutionary War to 1861. By Frank George Franklin, Ph.D., Professor of History and Political Science in the University of the Pacific. Chicago: The University of Chicago Press. 12mo, pp. 308. 1906.

The subjects treated are of the Revolutionary period, the convention of 1787, the various acts of Congress up to the Civil War, expatriation and the native American movement.

The treatment is clear and accurate, and, so far as it goes, the book is all that could be desired. It was written before the report of the natu- ralization commission was presented to Congress in December, 1905, but published after the report, so Dr. Franklin and the commission did not profit by each other's labors which was an unfortunate circumstance for both, for they covered in part the same field. The subject is, however, one of continuous interest and Dr. Franklin's book will prove a valuable addition to its permanent literature.

Dr. Franklin shows that late in 1776 the Continental Congress required soldiers at enlistment in the American army to take an oath "to be true to the United States of America and to serve them honestly and faith- fully;" later it required from all civil officers an oath acknowledging

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BOOK REVIEWS 263

the independence of the United States and denying allegiance to the British king. Before this it had declared that "all persons abiding within any of the United Colonies and deriving protection from the laws of the same" owed allegiance to such laws and were "members of such colony," and this the author correctly considers to have been definition of citizenship.

In the constitutional convention we find an effort on Madison's part in the Virginia plan to recognize a new citizenship which was vigorously contested but finally accomplished. Nevertheless, when the first act of naturalization was proposed in 1790 many members of Congress thought the matter ought to be left completely in the hands of the states and the law finally passed left it at the mercy of state courts. There, the reviewer way add, it remained until the passage of the act of June 29, 1906, gave the federal government for the first time effective control over the naturalization courts.

About 1833 there began to be agitation against the admission of more immigrants to the United States and the party of native Americans began to form. We had the " know-nothings " with us, however, from the very beginning and we have them now.

One of the most interesting chapters in the book is that on expatria- tion, for the efforts to pass a law on that subject have commonly been overlooked.

The bibliography which Dr. Franklin gives is only partial. He omits, for example, such well-known works as Morse's Treatise on Citizenship and Naturalization and Van Dyne on Citizenship.

International Law: A Treatise. By David J. Brewer, Associate Justice United States Supreme Court and Charles Henry Butler, United States Supreme Court Reporter. Reproduced from the Cyclopedia of Law and Procedure. New York City: The American Law Book. Company. pp. 62. 1906.

The publishers of the Cyclopedia of Law and Procedure have thought so highly of this little treatise that they have issued it in separate form. The names of the authors guarantee the text and the text reflects credit on the learned authors. Good wine needs no bush.

The chief characteristic of this brochure is the wealth of adjudged cases cited by the authors to support the text. In this respect the little treatise is sui generis.

Strange as it may seem this outline of international law far exceeds any treatise in its elaborate consideration of claims of citizens against foreign states (pp. 38-60). A deal of information is crowded into

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