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James Brown Scott, 1866–1943*

Published online by Cambridge University Press:  25 April 2017

George A. Finch
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Extract

Sensing that it might be an epilogue, as in fact it turned out to be, to his life’s work, Dr. Scott on April 1, 1939, wrote in the preface to the last of a long list of legal and scholarly volumes which bear his name as author or editor, as follows: “For nearly half a century, from the time of entering Harvard College until the present day, I have been deeply interested in the fundamental conceptions of law and of the state; and in later years it has been my good fortune to have had practical experience with the law of the state, and especially with the law of the international community.” Togive a brief account of any busy person’s life of fifty years would be difficult; to attempt to do so adequately for a man of Dr. Scott’s dynamic personality, vivid imagination, keen intellect, tireless energy, cultured mind, and human soul seems almost futile; for each of his active years one might write a separate article and not overdo the task.

Type
Research Article
Information
American Journal of International Law , Volume 38 , Issue 2 , April 1944 , pp. 183 - 217
Copyright
Copyright, 1944, by the American Society of International Law

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Footnotes

*

This article will serve as a sketch in part of a complete biography which Dr. Scott requested the writer to prepare. He would appreciate having called to his attention any inaccuracies or omissions which Dr. Scott’s friends or colleagues may note, and any other incidents in Dr. Scott’s life about which they may have information.

References

1 Law, The State, and The International Community: A Commentary on the Development of Legal, Political, and International Ideals. New York: Columbia University Press, 1939.

2 Cases on Quasi Contracts. New York: Baker, Voorhis & Co., 1905.

3 Proceedings of American Society of International Law, 1931, p. 28.

4 The Hague Peace Conferences of 1899 and 1907. Baltimore: The Johns Hopkins Press, 1909.

5 See address, “A Single Standard of Morality for the Individual and the State,” Proceedings of American Society of International Law, 1932, p. 10.

6 For two of these trips abroad, see his report as Carnegie Exchange Professor in 1927 to the Universities of Habana, Chile, Buenos Aires, and Montevideo, in Latin America, and to the University of Salamanca, Spain. Carnegie Endowment Year Book, 1928, pp. 108–120. See also, p. 212, infra, concerning his trip to Germany in 1928 as Visiting Carnegie Professor.

7 Cases on International Law. Boston: Boston Book Co., 1902. Reissued by the West Publishing Co., St. Paul, Minn., in 1906.

8 Prepared by William C. Dennis, then assistant professor of law, University of Illinois.

9 Cases on International Law. St. Paul: West Publishing Co., 1922.

10 International Law. London, 1888, p. 38.

11 Cases on International Law. By James, Brown Soott and Walter, H. E. Jaeger. St. Paul: West Publishing Co., 1937.Google Scholar

12 Texts of the Peace Conferences at The Hague. Boston: Ginn & Co., 1908, Introduction, p. x.

13 The Hague Peace Conferences of 1899 and 1907, ibid., Vol. I, p. 5.

14 Previously cited, footnote 2. In this work he was assisted throughout by Mr. J. Reuben Clark, Jr., then a member of the New York Bar.

15 New York: Baker, Voorhis & Co., 1906.

16 Preface which appeared in the volumes of the American Casebook Series published while Dr. Scott was General Editor.

17 Proceedings of the American Society of International Law, 1931, pp. 242–243.

18 The foregoing narration is taken from the History of the Organization of the American Society of International Law, Proceedings of First Annual Meeting, 1907, pp. 23–38. The plan for the publication of the Journal may be found on p. 29.

19 Ibid., pp. 43–44.

20 See his report to the Executive Committee, Dec. 12,1908, which he concluded with the statement that the Journal’s success during his two years’ stewardship “is due in no small measure to the encouragement and cooperation of Messrs. Root, Straus, Anderson and Lansing.” Mss. Minutes of the Society.

21 Proceedings of American Society of International Law, 1915, p. 137.

22 Proceedings of American Society of International Law, 1915, p. 138.

23 Ibid., 1916, pp. 1–2.

24 The foregoing account of the celebration of the twenty-fifth anniversary of the Society and Journal is taken from the Proceedings of the Society for 1931, pp. 243–248.

25 Letter of Elihu Root to Nicholas Murray Butler, Dec. 18,1909, quoted in the biography Elihu Root, by Jessup, Philip C., New York: Dodd, Mead & Co., 1938, Vol. I, p. 458 Google Scholar.

26 Dr. Soott’s account of his appointment and of these incidents is contained in his address as President of the American Society of International Law, in Proceedings of the Society for 1937, pp. 6–8.

27 For Dr. Scott’s account of these cases and of the diplomatic negotiations which led to their settlement, see the American Journal Of International Law, Vol. 3 (1909), pp. 436,985. The award of the Hague tribunal is printed, ibid., Vol. 5 (1911), p. 230.

28 For Dr. Scott’s account of this case and comments upon it, see his editorials in the American Journal Of International Law, Vol. 1 (1907), p. 144, Vol. 3 (1909), p. 953, Vol. 4 (1910), p. 675, Vol. 5 (1911), p. 725,. and Vol. 7 (1913), p. 140. For the award of the tribunal, see ibid., Vol. 4 (1910), p. 948.

29 Letter of Dec. 18, 1909, previously mentioned. See footnote 25.

30 Remarks at the 21st anniversary meeting of the Endowment held at the home of Mrs. Carnegie in New York City, Dec. 14,1935. Year Book of the Endowment, 1936, pp. 25–26.

31 See, for example, the statement concerning Dr. Scott’s aid in the preparation of Senator Root’s argument in the Panama Tolls controversy. Elihu Root, by Jessup, Philip C., Vol. II, p. 266 Google Scholar.

32 Cambridge: Harvard University Press, 7 vols., 1916–1918. An eighth volume edited by Dr. Scott was published in 1924. In editing this series Dr. Scott had the assistance of Mr. S. N. D. North, former Director of the Census, then associated with the Endowment. Mr. Bacon having died in 1919, Dr. Scott wrote his biography. Robert Bacon, Life and Letters, Garden City, N. Y.: Doubleday, Page & Co., 1923.

33 See, infra, section on An International Court of Justice, p. 200.

34 Printed by the Carnegie Institution of Washington, January, 1907.

35 Annual Report, March 21, 1917, Carnegie Endowment Year Book, 1917, p. 106.

36 The full list of authors and titles published in the Classics of International Law, giving complete bibliographical data in regard to each number, is included in the List of Publications of the Carnegie Endowment for International Peace, printed separately, and in the Year Books of the Endowment up to 1941.

37 For reproductions of these murals, see the American Bar Association Journal, Vol. 23 (1937), p. 928, and Vol. 24 (1938), p. 10.

38 Resolution of the 7th International Conference of American States, Montevideo, Dec. 23, 1933, recommending that a bust of Victoria be placed in the Pan American Union at Washington.

39 Mss. in Dr. Scott’s files.

40 Instructions to American Delegates to the Hague Peace Conferences and Their Official Reports. Carnegie Endowment for International Peace, 1916, pp. 79–80.

41 See the following books by Dr. Scott published by the Carnegie Endowment in 1916: An International Court of Justice and The Status of an International Court of Justice. A French edition in one volume was published in 1918 under the title Une cour de justice internationale.

42 Letter dated Feb. 15, 1915, printed in Marburg, Development of the League of Nations Idea, New York: Macmillan Co., 1932, Vol. I, p. 23.

43 Proceedings of American Society Of International Law, 1931, p. 6.

44 Judicial Settlement of Controversies between States of the American Union (New York: Oxford University Press, 1918), and Analysis, id., same imprint, 1919. See also his volume in French L’Evolution d’une Juridiction Internationale Permanent, Paris: A. Pedone, 1919.

45 New York: Oxford University Press, 1920.

46 Same imprint and date.

47 See speech of Mr. Root in the Advisory Committee of Jurists, June 18,1920, reprinted in American Journal or International Law, Vol. 15 (1921), pp. 2–3, and Elihu Root, by Jessup, Philip C., Vol. II, p. 420 Google Scholar.

48 Carnegie Endowment Year Book, 1911, pp. 109–110.

49 Annual Report, March 17, 1915, Year Book for 1915, p. 132.

50 See article “The Two Institutes of International Law,” by Dr. Scott in American Journal of International Law, Vol. 26 (1932), p. 87.

51 See Resolutions of the Institute of International Law, published by the Carnegie Endowment, 1916; French edition published in 1920.

52 Carnegie Endowment Year Book, 1912, p. 127.

53 Ibid., 1915, p.118.

54 The American Institute of International Law: Its Declaration of the Rights and Duties of Nations. By James Brown Scott, President. Washington, 1916. Also French edition, same date.

55 Carnegie Endowment Year Books, 1916, p. 129, 1917, pp. 166–169.

56 Codification of International Law. Pan American Union, Washington, 1925.

57 See biographical sketch by Doris Stevens in Paintings and Drawings of Jeannette Scott,privately printed by Dr. Scott in memory of another sister who was a successful artist.

58 See Report on Citizenship of the United States, Expatriation, and Protection Abroad. H. Doc. No. 326, 59th Cong., 2nd Sess.

59 Editorial comment, American Journal Of International Law, Vol. 1 (1907), p. 459.

60 Proceedings of the Society for 1931, p. 29.

61 252 U. S. 416 (1920).

62 Address before the Biennial Convention of the National Woman’s Party, Wilmington, Del., Nov. 4, 1933, printed in Equal Rights, Nov. 18, 1933, p. 323.

63 International Conferences of American States, First Supplement. Washington: Carnegie Endowment for International Peace, 1940, p. 37.

64 International Conferences of American States, First Supplement. Washington: Carnegie Endowment for International Peace, 1940, p. 106.

65 Ibid., p. 153.

66 Ibid., p. 250.

67 As the result of his service on the neutrality Board, Dr. Scott wrote a Survey of International Relations between the United States and Germany. New York: Oxford University Press, 1917.

68 Paris: A. Pedone, 1924. On pp. 5–15 of this volume, the author gives a detailed account of the discussion at Paris above referred to.

69 Paris: Les Editions Internationales, 1931.

70 Report of the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, with Memorandum of Reservations signed by Robert, Lansing and James, Brown Scott. American Journal Of International Law, Vol. 14 (1920), pp. 95 and 127 Google Scholar.

71 See supra, p. 196.

72 Research in the Humanistic and Social Sciences, by Frederic Austin Ogg. New York and London: The Century Co., 1928, p. 345.

73 Caxnegie Endowment Year Book, 1929, pp. 129–157.

74 William Wetmore Story. A Poet’s Portfolio: Io Victis.