The Continental Monthly, Vol. 6, No 3, September 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 6, No 3, September 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
Again, one of the few legal works of American origin which has a
standard European reputation is Wheaton's 'International Law.' Its
author was eminently national in his convictions; foreign service and
patriotic instincts had made him thoroughly American in his sympathies
and sentiments; no one of our diplomatic agents sent home such
comprehensive and sagacious despatches, having in view 'the honor and
welfare of the whole country;' and no one who knew Henry Wheaton doubts
that, were he living at this hour, all his influence, hopes, and faith
would be identified with the Union cause.
Yet an edition[14] of his great work has lately appeared, edited in an
opposite interest; and the standard reference on the law of nations, so
honorable to the legal knowledge, perspicacity, and candor of an
American author, goes forth perverted and deformed by annotations and
comments indirectly sympathetic with the wicked rebellion now
devastating the nation. Can a greater literary outrage be imagined? Is
it possible more grossly to violate the rights of the dead?
Aware that certain rules apply to the annotation of legal treatises not
recognized in other departments of literature, and diffident of personal
judgment in this respect, in order to ascertain how far our sense of
this violation of literary property and reputation was well founded, how
far we were right in asserting a partisan aim, we requested an
accomplished lawyer, thoroughly versed in the literature of his
profession, and experienced as an editor, to examine this edition of
Wheaton, and state his own opinion thereof: to him we are indebted for
the following clear and palpable instances of a perverted use of a
standard American treatise, endeared to many living friends of the
author, and all his intelligent and patriotic countrymen: of the
'additions' to the original by the editor, he says:
'1. They indicate considerable reading and industry, but are far
too voluminous, and abound in extended extracts from speeches,
state papers, and statutes, which should have been omitted
altogether, or very much abridged.
'2. They contain no language complimentary to the Administration,
little or nothing in defence of the Government--none that can be
offensive to Jefferson Davis; and, as a whole, they give the
impression that he regards the Confederate position as being quite
as defensible, on the principles of international law, as that of
the United States.
'3. He has no word of censure for Lord John Russell, and no word
of apology for Mr. Seward. He nowhere calls the Confederates
_rebels_, and nowhere thinks the conduct of France suspicious or
unfriendly.
'4. His positions are unquestionably the same with those of
Seymour, Bishop Hopkins, Professor Morse, Judge Woodward, etc.
Public-domain text, read in full here on John Shaqi.
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