John Bassett Moore
Encyclopedia
John Bassett Moore was an American
authority on international law
who was a member of the Hague Tribunal
and the first US judge to serve on the Permanent Court of International Justice
(the "World Court").
He was born in Smyrna, Delaware
, graduated at the University of Virginia
in 1880, and was admitted to the Delaware bar
in 1883. From 1885 to 1886 he was a law clerk
at the Department of State
, then an Assistant Secretary of State
. In 1891 he took the first full professorship of international law at Columbia University
; he stayed there until 1924. During his service with the Department of State he acted as secretary to the Conference on Samoan Affairs (1887) and to the Fisheries Conference (1887-88).
While holding the chair
of international law and diplomacy at Columbia Professor Moore was frequently given granted leave of absence to accept appointments in the public interest. For part of 1898 he served as Assistant Secretary and Acting Secretary of State, and after the close of the war with Spain was secretary and council to the American Peace Commission at Paris
. In 1901, he served as professor of International Law at the United States Naval War College, where he initiated that College's long series of 'International Law Blue Book' publications. Subsequently Moore represented the government as agent before the United States and Dominican Arbitration Tribunal (1904), as delegate to the Fourth International American Conference at Buenos Aires
and special plenipotentiary
to the Chilean centenary (both 1910), and as delegate to the International Commission of Jurists at Rio de Janeiro
(1912). He was on the Hague Tribunal from 1912 to 1938, and the International Court from 1921 to 1928.
Moore was a proponent of neutrality
, believing that the post-World War I
system of alliances would tend to broaden war
s into global conflicts. He was also a strong believer in the principle of Separation of powers under the United States Constitution
, asserting that "[t]here 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."
He was honored on a U.S. postage stamp, issued December 3, 1966, the $5 value of the Prominent Americans series
. John Bassett Moore Intermediate School, a public school for the 5th and 6th grades in his hometown of Smyrna, Delaware, was named in his honor.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
authority on international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
who was a member of the Hague Tribunal
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
and the first US judge to serve on the Permanent Court of International Justice
Permanent Court of International Justice
The Permanent Court of International Justice, often called the World Court, was an international court attached to the League of Nations. Created in 1922 , the Court was initially met with a good reaction from states and academics alike, with many cases submitted to it for its first decade of...
(the "World Court").
He was born in Smyrna, Delaware
Smyrna, Delaware
Smyrna is a town in Kent and New Castle counties in the U.S. state of Delaware. It is part of the Dover, Delaware Metropolitan Statistical Area...
, graduated at the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
in 1880, and was admitted to the Delaware bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1883. From 1885 to 1886 he was a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
at the Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
, then an Assistant Secretary of State
United States Assistant Secretary of State
In modern times, Assistant Secretary of State is a title used for many executive positions in the United States State Department. A set of six Assistant Secretaries reporting to the Under Secretary for Political Affairs manage diplomatic missions within their designated geographic regions, plus one...
. In 1891 he took the first full professorship of international law at Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
; he stayed there until 1924. During his service with the Department of State he acted as secretary to the Conference on Samoan Affairs (1887) and to the Fisheries Conference (1887-88).
While holding the chair
Chair (official)
The chairman is the highest officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office is typically elected or appointed by the members of the group. The chairman presides over meetings of the assembled group and conducts its business in an...
of international law and diplomacy at Columbia Professor Moore was frequently given granted leave of absence to accept appointments in the public interest. For part of 1898 he served as Assistant Secretary and Acting Secretary of State, and after the close of the war with Spain was secretary and council to the American Peace Commission at Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
. In 1901, he served as professor of International Law at the United States Naval War College, where he initiated that College's long series of 'International Law Blue Book' publications. Subsequently Moore represented the government as agent before the United States and Dominican Arbitration Tribunal (1904), as delegate to the Fourth International American Conference at Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
and special plenipotentiary
Plenipotentiary
The word plenipotentiary has two meanings. As a noun, it refers to a person who has "full powers." In particular, the term commonly refers to a diplomat fully authorized to represent his government as a prerogative...
to the Chilean centenary (both 1910), and as delegate to the International Commission of Jurists at Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...
(1912). He was on the Hague Tribunal from 1912 to 1938, and the International Court from 1921 to 1928.
Moore was a proponent of neutrality
Neutral country
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
, believing that the post-World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
system of alliances would tend to broaden war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
s into global conflicts. He was also a strong believer in the principle of Separation of powers under the United States Constitution
Separation of powers under the United States Constitution
Separation of powers is a political doctrine originating from the United States Constitution, according to which the legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power. This U.S...
, asserting that "[t]here can hardly be room for doubt that the framers of the constitution
Founding Fathers of the United States
The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
, when they vested in Congress the power to declare war
War Powers Clause
Article I, Section 8, Clause 11 of the United States Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording:...
, 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."
He was honored on a U.S. postage stamp, issued December 3, 1966, the $5 value of the Prominent Americans series
Prominent Americans series
The Prominent Americans series is a set of definitive stamps issued by the United States Post Office Department between 1965 and 1978....
. John Bassett Moore Intermediate School, a public school for the 5th and 6th grades in his hometown of Smyrna, Delaware, was named in his honor.
Works
- Reports on Extraterritorial Crime (1887)
- Extradition and Interstate Rendition (two volumes, 1891)
- American Notes on the Conflict of Laws (1896)
- History and Digest of International Arbitrations (6 vols., 1898)
- American Diplomacy (1905)
- Digest of International Law (8 vols., 1906)
- Works of James Buchanan (12 vols., 1909-11, reissued 1960)
- Four Phases of American Development (1912)
- International Law and Some Current Illusions (1924)
- The Permanent Court of International Justice (1924)
- International Adjudications, Ancient and Modern (8 vols., 1937)
- Collected Papers (7 vols., 1945)