National Republican., 1876-03-28
Perjury or Piracy; Or Both.

rom tue NCW OK W Otiu.J
Mr.. Richard H. Dana and his friends have
ceased to pretend that the statement is true
which he made in the preface to his edition OF
Wheaton-that Mr.. Lawrence's notes form
no part Of this edition" The fact of piracy is
thus admitted, as indeed Judge Clifford ad-
judged upon the most convincing, staring
proofs. But Mr.. Dana did not affix jurat to
his preface, so that it is argued In his behalf,
"Eere, at least, was no PERJURY" And the
ethics of this time and land not being very
high keyed On the subject of literary property,
it is Hoped that the Senate may pardon the
conveyance to his own use aud profit of the
results Of another lawyers lifelong labors and
go on to confirm his nomination ss Minister to
England because he did not commit the more
easily apprehcnsiblc crime OF perjury.
Indeed, to avoid the charge of perjury, Mr..
Dana now SAYS that in hs deposition he ad-
mitted that be had used Mr.. Lawrcnce's book
as much rs any other. 1t is notable here that
that commentators name is nowhere men
toned except in the preface. But, if we are
TO credit the Judgment of the United States
Court, that very admission would establish
the perjury. II is there stated: "The CON-
plant also alleges that in preparing the text
Of his edition he exercised a considerable
amount Of skill and judgment in the arrange
ment of his annotations, and in combining nd
connecting them with the text, and that he
prepared complete index to the same, and
that be charges that the respondents in their
book have copied, conformed to and pirated
the said annotated edition and the annctations
Of the same which he prepared, and that they
have used and aYailed themselves of the said
hook aud annotations and the said labors of
The complainant If this be true, and the
court have so found It, how is the charge of
tNh haa tln1, . 10 IL
rect in what follows: ''Responsiye to the
charge that his notes are in great part taken
and copied from those of the complainant
and that he has pirated and unduly used the
contributions of the complainant, the respond
ent totally denies the same and every part
thereof"
1t thus appears that Mr.. Dana and his friends
overheard the statement ofthe unsworn preface
fail to evade the charge of perjury by giving
coenovit as to the piracy.
journal friendly to Mr.. Dana affirms that
his confirmation is possible by the votes of
Southern Democrats. The magnanimity of
such a compliance with Grants wishes wonld
shine with redoubled lustre in the light of the
fact that one of the objects of Dana's book
was to have them hanged as rebels instead of
surviving to vote for him. On page 4S2 one of
Mr.. Dana's unpirated opinions is set forth ss
follows "Nations now respect the obligation
of citizen or subject to sustain his own State
in war, and he is treated by the opposite bel
ligerent as prisoner Of war: in other words,
as lawful belligerent, and not as criminal.
This reasoning does not apply to enemies in
civil war which has its origin in rebellion !;
for that is in law a criminal offense.1" The
clause in brackets is Mr.. Dana's own. South
ern Democrats are about as likely to vote to
confirm Dana Minister to Great Britain as to
elect Blaine President of the United States.