New-York tribune., 1909-03-07

member rose on the opposite side and spoke for /
perhaps ten minutes. He stumbled along, hesi- /
tated. grew confused his sentences without be- /
ginning or end;-nothing but q knowledge OF
the subject and great sincerity. to recommend |
him
But It was perfectly evident that the first
speech had weight with the House and that
the second convinced everybody. The first
speaker was Whiteside, brilliant Irishman and
Solicitor General: the second q county member
whose name never knew. The House thought
Whitesids merely advocate and his speech
forensic. His opponent was a man whom every
body trusted. II was character that carried the
day. And you will find it generally does with
the English
Dana brought 10 the study OF the law philo-
sophie mind and 10 the trial OF causes in court
power Of lucid exposition invaluable alike with
TIE Bench and with jury. The law was to him
a body Of symmetrical doctrine. He referred
everything 70 principles: the only real founda-
Jion for anything. He stood Very high at the
bar, for he had learning and would take i'm
mense pains, and when he brought a case into
court il was work OF art Moreover ne
brought q conscience with IT. And ne was one
o. the lawyers-none too nunerous-to whom
even Chief Justice Shaw listened. out Of many
tlecdotes I have heard from him I will choose
one
He had defended in the United states Circuit
Court man indicted for aiding in the escape
OF = fugitive slave. The case against him. said
Dana. was perfectly clear. there was really no
defence. ne had beyond doubt committed the
crime of helping rescue a man from slavery /
looked for a conviction as q matter OF course
But after the judge had charged the jury, houT
after hour went by and still they stayed out
The Judge sent for them and asked Il they re
quired any further guidance in law or in fact
The foreman said No, but they could not
agree. and finally were discharged
Some years later said Dana, as stood on
the steps of the Parker House a man came up
n ne and said You don't remember me-, Nj
Da1a9' I did not and he went on:
Well. Mr.. Dana. I expect you remember
trying that case where man named Tucker
was indicted for aiding and abetting in the IS
cape u a fugitive slave. ! was on the jury IN
that case
At this instantly recalled the facts. and
said Since you were on that jury wish you
would tell what I have always wanted to
know-why they disagreed
Well Nr Dana. I don't mind telling you
We stood eleven 10 one for conviction: and that
one obstinate man wouldn't bulge Perhaps
z-o-l remember il was proved the trial that
the negro was got away from Boston, later To
Concord. New Hampshire, and there was handed
over % man who drove him in sleigh across
the border into Canada
oh yes remember that
8. Well Nj Dana. I was the man who drove
him IN the sleigh across the border into can
ada"
knew something Of the prcPosterous charge
against Dana that IN editing Wheaton's Inter
national Law he had appropriated the labouTs
~ a d-,I predecessor. Nj William Beach Law
renee When President Grant nominated Dana
Minister 70 England in succession TO that Cen
e-aI Schenck who Is stiu quoted as an authority
or poker. the Lawrence charge was pressed be
fore the Senate Committee on Foreign Rela-
tf5rs I was an cr pGTte hearing. and Dana
had no opportunity 10 defend himself "EetheE
that or the unseepiag ralignity OF Genera!
Butler did him the more harm I know not but
President Grant as his honorable habit was,
stood ny his nominee: and the Senate rejected
Dana by 81 votes 70 Il The matter naturally
attracted attention in England, and there were
comments none too just. I wrote letter TO
The Times, Of which Nj Delane was then
editor \ long letter. something over column.
hur Delare published il next morning in his
best type: first striking out a number of cen
serious sentences about Butler and Zach Chan-
der and other eminent persons who had engl-
reered Dana's defeat IN ny wish 10 do justice
% Dana and upon his enemies. I had not re-
rnembered that I was writing IN an EngAsh
-ez-srauer and had no business 10 be Teouk-
ing Americans TO an English audience When l
read my letter and noted Delane's eXcisioTs'
szvv how wrong 7 had been. and wrote 20 De
lane - thank him for suppress!ng all those
ferorlrias- There came in reply such a note as
only Delare would have written. 1t IS the first
time anybody ever thanked me for using niue
Mcneil on z correspondents letter. Thank poH-'
This vas in 1876 Danas letter 10 me on my
letter about him was characteristic I think
rnfght print II. but It IS with other papers IN
oSa-- York He was grateful and kindly, but also
critical EEe yas always capable OF looking al
his ovyn case as II II were third PERSONS: his
mind detached from everything that was per
soraI n himself He thought the legal points
might have been pressed But the public. espe-
cialIv- the English public. will not have too much
1av 7 suppose the Beach Lawrence suit and
the yInister-to-England business troubled Dana
more than anything else in his career. he
ought of course. to have been Minister He
v-ot,I9 have been such Minister as Charles
z7-.-,cis Adams was or as Phelps was: two Of
the American Ministers whom the kngiish hked
hest. among the half dozen who have held in
this country a pre-eminent position among MIN
fsters and Ambassadors: including the present
Ambassador and his two immediate predeces-
eo-s Fav and Choate That brilliant list ought
- haze been enriched with Dana's name; but
Il was not 70 be.
Dana came abroad again in 1878 and saw
him once more. He spent his time chiefly in
Paris and Rome and died in Rome January 4.
1850 Fe lies near Keats and Shelley in the
Protestant cemetery at Porte Pa; and there Is
monument In Boston he is remembered;
whether ne is remembered elsewhere I have no
means u knowing But We cannot. in whatever
mart nf America We cannot afford 10 forget a