Jr Dma Richard Henry, an American author and lawyer, son of the preceding, born in Cambridge, Mass., Aug. 1, 1815. He graduated at Harvard college in 1837. Having been compelled by an affection of the eyes to suspend his collegiate course in 1834, he made the voyage described in his "Two Years Before the Mast" to California, then an almost unknown region. He was a member of the law school from 1837 to 1840, and during two years of that time was also adjunct to Prof. Channing in the department of rhetoric in the university. He was admitted to the Boston bar in 1840, and was at once much employed in admiralty cases. In 1841 he published a manual of sea usages and laws, under the title of "The Seamen's Friend," republished in England as "The Seamen's Manual." His practice now became general in the law courts. He was engaged in 1845 in the well known investigation of the presumption of murder or homicide in York's case (9 Met., 93), which led to a revision of the decisions and to new enactments on the general subject in several states. He also defended the legal right to require the use of the Bible in the common schools in Maine (Donahue v.
Richard, 38 Maine Rep., 376); discussed the canon law of the Episcopal church in the Rev. Mr. Pres-cott's case in 1852; the title to public and religious charities in the case of the Presbyterian synod v. the parish of the late Dr. Channing in 1854, and in the case of the Price charityin 1864; and appeared for the defence in the numerous trials for the rescue of the slave Shadrack in 1853, and in the more celebrated case of Anthony Burns in 1854. He was a member of the Massachusetts constitutional convention of 1853. Having been one of the founders of the free soil party, a delegate from Boston to the Buffalo convention of 1848, and a popular speaker in the republican movement of 1856, he has remained attached to the republican party, advocating the election of Lincoln in 1860 and in 1864, when he delivered political addresses in several states, and that of Grant in 1868 and 1872. In 1859 and 1860 he made a tour around the world, revisiting California and visiting the Hawaiian Islands, China, Japan, Ceylon, India, and Egypt, and returning through Europe. In 1861 he was appointed United States attorney for Massachusetts, and held that office till 1866, arguing every prize case that came up in the district.
He also, in conjunction with Mr. Evarts, argued the prize cases for the government before the supreme court, laying down the principles that in a civil war a government can exercise belligerent powers against its own citizens, on its own soil or on the high seas, just as against neutral nations; that any portion of her soil in actual firm possession and control of a rebellion is enemy territory in the technical sense of the laws of war and the property of persons residing in such territory is enemy property in the technical sense of the prize law, irrespective of their personal loyalty or disloyalty, the property being in such case condemned as prize, and not forfeited for violation of law; that enemy territory depends on the fact of hostile occupation for the time being, and has no reference to any so-called ordinance of secession or declaration of independence; and that, although the president cannot initiate a war, he can, in the absence of congress, use war powers for the national defence. These principles were established in the decision of the court. (The Prize Cases, 2 Black's Rep., 635.) Mr. Dana also drew up the prize act of 1864, which repealed all prior acts on the subject, and completed a prize code for the United States. He was counsel for the United States in the proceedings against Jefferson Davis for treason in 1867-'8 (Johnson's "Reports of Decisions of Chief Justice Chase, in Circuit," vol. i.). In 1866, by request of the family of Mr. Wheaton, he published an edition of Wheaton's "Elements of International Law," covering the period between Mr. Wheaton's death in 1848 and the time of publication.
His note, No. 215, on the legislative, judicial, and diplomatic history of the neutrality laws of the United States and Great Britain, was printed by the government and translated into French for the use of the arbitrators at Geneva in 1872. Others of his notes were frequently cited by the counsel on each side, and by the arbitrators in their opinions. In 1867 and in 1868 he represented Cambridge in the Massachusetts legislature, and was chairman of the committee on the judiciary. His speech in the legislature in 1867, in favor of the repeal of the usury laws, was printed at the request of the members, and reprinted in 1873 in New York by a body of gentlemen interested in the repeal of usury laws generally. In 1866 he received the degree of LL. D. from Harvard college; and he was lecturer on international law in the law school of the university in 1866 and 1867. In 1868 he was a candidate for representative in congress in opposition to B. F. Butler in the Essex district, and was defeated by a large majority. He has been a member of the diocesan convention of the Episcopal church for more than 20 years.
The literary production by which Mr. Dana is best known is "Two Years Before the Mast" (New York, 1837). It presents the ship and shore life of a common sailor, detailed from personal experience by a man of education. It gained at once an extraordinary popularity both in England and America, and still retains it. It was republished in an enlarged form in 1869, with an additional chapter giving an account of his second visit to the scenes described, and some subsequent history of persons and vessels that figured in the original work. He has also published "To Cuba and Back " (1859), a narrative of a short vacation trip. His biographical sketches of his kinsmen, Prof. Edward Channing and Washington Allston, are prefixed to the posthumous volumes of their writings. His oration on the late Edward Everett (Cambridge, 1865) is also worthy of particular mention. He has occasionally contributed to the "North American Review," "The Law Reporter," and "The American Law Review".