. Dana treats of any controverted point cannot be
too much praised; and his calmness and moderation in their discussion
are judicial in their nature and extent, and give additional weight to
his opinions.
We have been surprised to see notices of the work in which Mr. Dana is
criticised for want of enthusiasm. If by this is meant that he lacks
enthusiasm for his subject, the criticism is entirely misplaced. We
doubt whether, without that, he could ever have been induced to edit
this book; and on every page, and in almost every line, convincing proof
can be found of the love and devotion which the editor feels for the
law, and especially for this department of it, to the study and practice
of which he has devoted so many years. It is this enthusiasm that
renders the notes to us more interesting than the text. Things which Mr.
Wheaton discusses as abstractions seem in Mr. Dana's hands to become
living realities. In one the scholar's temperament predominates; in the
other the lawyer's and the politician's. If, however, the criticism
applies to the rigid impartiality which the editor brings to the
discussion of those contemporaneous events concerning which the passions
of men have been most recently and deeply aroused, we regard it as high
praise. If Mr. Dana's views be wrong, it is not likely that the
indulgence of a partisan enthusiasm would have corrected them; if they
be right, the absence of all passion, the studied courtesy and tolerant
moderation which mark every line of argument, add infinite strength to
his conclusions.
The legal merits of Mr. Dana's annotations require other and higher
tests. They depend upon the accuracy of his statements and reasoning,
and the amount of assistance which those will obtain who seek it from
him. To investigate this would require more space than we can now give,
and rather falls within the province of a professional reviewer. A
strong conviction of the soundness of his logic, however, involuntarily
follows a careful perusal of these notes, and will have no little
influence with those who feel it. This is partly owing to the
passionless tone of his discussion, of which we have before spoken. The
amount of historical and general political information which this book
contains will give it value aside from its legal character, and demands
for it a very general circulation.
The note upon the sources of international law is exceedingly
instructive. Notwithstanding his long practice i
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