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divine, who had in no small degree saved the State of California to the Union, by his earnest and constant plea for national integrity, died in the midst of his useful and noble career: forthwith the publisher of a Review, in whose pages some of his early essays had appeared, announced their republication: in vain the friends and family of Starr King protested against so crude and limited a memorial of his genius, and entreated that they might be allowed to glean and garner more mature and complete fruits of his pen, as a token of his ability and his career; and thus do justice, by careful selection and well-advised preparation, to the memory they and their fellow citizens so tenderly and proudly cherished: no; the articles had been paid for, the recent death of the writer gave them a market value, and the publishers were resolved to turn them to account, however good taste and right feeling and sacred associations were violated. 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 edi
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