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thorough study. For this he was prepared by training at the bar, the influence of which may be discerned in some of his writings. He was master alike of its learning and its dialectics. It happened in Berlin that he was called to defend the rights of ambassadors against an injurious usage established or recognized by the Prussian government. All who have read his paper on this occasion will attest the force and sharpness of his unanswered argument. Strange that this task should have devolved upon an American minister! Strange that the privileges of ambassadors should have found their defender in a Cis-Atlantic citizen! His defence excited the attention of the diplomatic body in Europe. Copies were transmitted to the different courts, where, as I have understood, it was discussed, and generally, if not universally, sanctioned.

His

Justly eminent as a practical diplomatist, his works derived new value from the position of their author, while even his official rank was aided by his works. His was a solitary example in our age, perhaps the only instance since Grotius, of an eminent minister who was also an expounder of the Law of Nations. works, therefore, are received with peculiar respect. Already they have become authorities. Such they are regarded by the two British writers who have since appeared in this field, Mr. Manning and Mr. Reddie. The former, in his excellent Commentaries, refers to Mr. Wheaton's work on the Elements of International Law as "certainly the best elementary book on the topic that exists"; while Mr. Reddie announces that "this work, although not by a British author, was certainly, at the date of its publication, the most able and scientific

1 Commentaries on the Law of Nations, Preface, p. v.

treatise on International Law which had appeared in the English language." It is admitted that the method is superior to that of Martens, Chitty, Schmalz, or Klüber.

It cannot be disguised that his two works in this department are remarkable for careful statement and arrangement, rather than for that elegance, or glow, or freedom of discussion, by which the reader is carried captive. His Elements afford the best view yet presented of the Law of Nations, as practically illustrated in the adjudged cases of England and the United States, and in recent diplomacy. But we miss in them the fulness and variety of illustration which characterize some of the earlier writers, and especially that genial sentiment which interests us so constantly in Vattel. The History, which first appeared in French, is not less important than the Elements. Here the field is more clearly his own. This work supplies a place never before filled in the literature of the English language, if in that of any language. To all students of jurisprudence, nay, more, to all students of history, who ascend above wars and battles to the principles which are at once parent and offspring of events, this account of the Progress of the Law of Nations is an important guide.

Had Mr. Wheaton's life been longer spared, he would have found it his province, in the discharge of his recently assumed office as Lecturer on the Civil [Roman] and International Law at Harvard University, to survey again the same wide field. What further harvests he might then have gathered it is impossible now to estimate. He never entered upon these labors. The reaper was removed before he began to use the sickle.

1 Maritime International Law, Vol. II. p. 441.

Such was his life, passed not without well-deserved honor at home and abroad. In those two great departments of labor, History and the Law of Nations, he is among our American pioneers. Through him the literature and jurisprudence of our country have been commended in foreign lands:

"Fluminaque in fontes cursu reditura supino." 1

Others may have done better in the high art of History; but no American historian has, like him, achieved European eminence as a writer on the Law of Nations; nor has any other American writer on the last great theme been recognized abroad as historian. He was a member of the French Institute; and I cannot forget, that, at the time of his admission, the question, so honorable to his double fame, was entertained by the late Baron Degérando, the jurist and philanthropist, whether he should be received into the section of History or of Jurisprudence. He was finally attached to the latter. Prescott and Bancroft belong to the former.

It is as an expounder of Public International Law that his name will be most widely cherished. In the progress of Christian civilization, many of the rules now sustained by learned subtilty or unquestioning submission, shaping the public concerns of nations, will pass away. The Institution of War, with its complex code, now sanctioned and legalized by nations, as a proper mode of adjusting their disputes, will yield to some less questionable arbitrament. But a profound interest must always attach to the writings of those great masters who have labored to explain, to advance, and to refine that system, which, though incomplete, has helped to keep the great Christian Commonwealth in the bonds

1 Ovid, Epist. ex Ponto, Lib. IV. Ep. v. 43.

of Peace. Among these Mr. Wheaton's place is conspicuous. His name is already inscribed on the same tablet with those of Grotius, Pufendorf, and Vattel.

It were wrong to close this imperfect tribute without a renewed testimony to the purity of his life. From youth to age his career was marked by integrity, temperance, frugality, modesty, industry. His quiet, unostentatious manners were fit companions of his vir

His countenance, which is admirably preserved in the portrait by Healy, had the expression of thoughtfulness and repose. Nor station nor fame made him proud. He stood with serene simplicity in the presence of kings. In the social circle, when he spoke, all drew near to listen, -sure that what he said would be wise, tolerant, and kind.

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UNION AMONG MEN OF ALL PARTIES AGAINST THE SLAVE POWER AND THE EXTENSION OF SLAVERY.

SPEECH BEFORE A MASS CONVENTION AT WORCESTER,
JUNE 28, 1848.

THE effort to establish a political test in the Whig party in opposition to the extension of Slavery failed; but the Antislavery sentiment was constantly active. Those who coöperated in the movement were denounced as disturbers, and finally obtained an epithet, applied often in sarcasm, which may be considered their highest praise. They were called Conscience Whigs, in contradistinction to Cotton Whigs. The contest was continued in the newspapers, and also in the Legislature of Massachusetts. The course of the two great political parties compelled a final break.

General Cass, who had abandoned the Wilmot Proviso, which he once maintained, was nominated by the Democrats as their candidate for the Presidency. General Taylor, who was a considerable slaveholder, was nominated by the Whigs, without any platform. It seemed impossible for persons earnest against Slavery to sustain either. Already, in New York, a considerable portion of the Democratic party, known as "Barnburners,” had refused to support General Cass, and nominated Martin Van Buren, adopting at the same time resolutions asserting the power of Congress to prohibit Slavery in the Territories, and calling for the exercise of this power.

At the nomination of General Taylor, Hon. Charles Allen and Hon. Henry Wilson, of Massachusetts, delegates to the National Convention, both refused to support the candidate. This was the signal for movement. A call was issued for a convention to found a new party. It was signed by Mr. Sumner and those with whom he was in the habit of acting. This was the beginning of the separate Free-Soil organization in Massachusetts, which afterwards grew into the Republican party. The call, which was extensively signed, concluded by inviting "fellow-citizens throughout the Commonwealth, who are opposed to the nomination of Cass and Taylor, to meet in convention at Worcester, on Wednes

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