FREE BOOKS

Author's List




PREV.   NEXT  
|<   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   >>  
, or secondary. "In considering, therefore, whether a certain rule should or should not be adopted, the test is not its capacity to be carried through a circuitous and artificial course, beginning in a supposed natural independence of the human being, and ending in another supposed entity compounded of all civilized states, but various elements enter into the solution of international questions, and in various degrees, as fitness to conduce to the highest and most permanent interests of nations as a whole, of nations taken separately, differing as nations do in power and pursuits and interests, and of the human beings that compose those societies. If the question involves high ethics, it must be met in the faith that the highest justice is the best interest of all. If it be a question chiefly of national advantage, and of means to an admitted end, it must be met by corresponding methods of reasoning." M. Hautefeuille, particularly, finds little favor with Mr. Dana. Repeatedly rules laid down by him are dismissed with the bare remark, that "he is without support either by judicial decisions, treaties, the opinions of commentators of received authority, or diplomatic positions taken by nations"; or, as in another place, that the principle broached "is merely a suggestion of the learned commentator as a possible policy, and has no support either in the practice of nations or the works of publicists";--but the editor never condescends to meet the French writer upon his own field of casuistry and speculation. And in this we think he is right. The discussion of rules existing only in a text-writer's belief in their abstract justice, would be entirely useless labor in any writer in the English language; for whatever may be the system of Continental Europe, neither the United States, nor Great Britain, nor any one of the future kindred nations that will grow out of the English colonies, will ever pay much regard to a doctrine so foreign to that noble system of law which, like their common tongue, will be a permanent proof of their common origin. Two of the most admirable of Mr. Dana's notes are those on the "relations of the United States judiciary to the Constitution and statutes," and on "the United States a supreme government"; and they deserve careful perusal from all desirous of fully understanding our system of government. From the first we cannot refrain from making one extract, which may help to explain to our non-
PREV.   NEXT  
|<   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   >>  



Top keywords:
nations
 

United

 

system

 

writer

 

States

 

common

 

highest

 

permanent

 

interests

 
justice

English

 

question

 

support

 

government

 

supposed

 

language

 

Continental

 
belief
 
condescends
 
editor

French

 

speculation

 

useless

 

abstract

 

existing

 

discussion

 

casuistry

 

deserve

 
careful
 

perusal


supreme
 
statutes
 

relations

 
judiciary
 
Constitution
 
desirous
 

extract

 

explain

 
making
 
refrain

understanding
 

admirable

 

colonies

 
publicists
 
kindred
 

Britain

 

future

 

regard

 

tongue

 

origin