The journal of the American-Irish Historical Society, Vol. VIII, 1909Various
History
The journal of the American-Irish Historical Society, Vol. VIII, 1909
Various
American-Irish Historical Society -- Periodicals; Ethnology -- United States -- Periodicals; Irish Americans -- Periodicals
BY THE SECRETARY-GENERAL.
PACIFIC BLOCKADE. By ALBERT E. HOGAN, LL. D.
This is the only treatise in English exclusively upon this subject, and
the author has discussed a minor topic of international law fully and
fairly. His views are briefly that pacific blockade (the right to
blockade the ports of another state in time of peace and without war
necessarily resulting) is too new a practice to have become entirely
regularized; that the state blockaded as well as the blockader, but not
the third powers affected, may decline to look upon a specific case of
pacific blockade as consistent with peace, and thus consider war to be a
fact; that notice, effectiveness, days of grace, etc., are to be
observed much as in ordinary blockade; that, unlike ordinary blockade,
it may be limited to a certain commodity or a certain traffic; that the
ships of third powers, attempting to run a pacific blockade, can only be
turned back or at most detained, never seized and confiscated as if war
existed; that this kind of coercion is better than war for all parties.
Doctor Hogan is an Irishman and a professor of law at the University of
Oxford in England, but his book and his views are being much discussed
and widely criticised by American historical authorities.
THE MYSTERY OF THE PINCKNEY DRAUGHT. By HON. CHARLES C. NOTT, formerly
Chief Justice of the United States Court of Claims.
This work is interesting throughout. Pinckney was not a great
constructive statesman, but in the work of the convention he rendered
valuable service in formulating many of the details embodied in the
Constitution. It was not so much a new instrument of government that
Pinckney framed in his original plan as it was a revision of the
Articles of Confederation. In the preparation of his plan, Pinckney drew
extensively upon the Articles of Confederation and the various state
constitutions, especially that of New York. On May 29th, 1787, Charles
Pinckney presented to the Federal Convention “the draft of a federal
government to be agreed upon between the free and independent states of
America”; that the records note simply its submission to the convention,
its reference on the same day to the Committee of the Whole House, and
later to the Committee of Detail; and that when John Quincy Adams in
1818 applied to Pinckney for a copy of the missing plan, he received in
reply a document so strikingly similar to the draft of a constitution
reported by the Committee of Detail on August 6th that it was evident
one document must have been taken from the other. The conclusion has
been almost universally unfavorable to Pinckney. Judge Nott in his work
takes the other side, and in an elaborate argument declares that the
original Pinckney plan is lost to the world because it was used as
“printer’s copy” by the Committee of Detail.
Public-domain text, read in full here on John Shaqi.
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