A Treatise on International Law and a Short Explanation of the Jurisdiction and Duty of the Government of the Republic of the United StatesGardner, Daniel. A Treatise on International Law, and a Short Explanation of the Jurisdiction and Duty of the Republic of the United States. Troy: From the Press of N. Tuttle, 1844. xii, [13]-315 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-455-X. Cloth. $95. * Gardner [1799-1863] was an attorney who practiced in Troy, New York, and a local politician who held several minor municipal offices in that city. The first part of this remarkable work argues that international law needs to return to its roots in natural law revealed in Scripture. Two major prejudices are embedded in this argument: the United States has done this, and Great Britain will not, choosing instead to dominate the oceans through force. The brief second part addresses the "internal jurisdiction of our national government over the states, the people of the United States and the Indian tribes possessing a portion of our territory" (269). It dispenses with the theological model of the first section to offer an outline of Federal powers as defined by constitutional law. His analysis of slavery is interesting. Though he clearly despises it, Gardner concludes that it cannot be abolished by Congress. He hopes, however, that the "chivalry of the south" will eventually imitate "Alexander of Russia and nobly set their vassals free" (286). |
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Page v
... doctrine that free ships make free goods , has for the last forty years sought by her arms and her admiralty to destroy this principle , which guaran tees to neutral nations the peaceful pursuit of commerce , and secures the freedom of ...
... doctrine that free ships make free goods , has for the last forty years sought by her arms and her admiralty to destroy this principle , which guaran tees to neutral nations the peaceful pursuit of commerce , and secures the freedom of ...
Page vi
... doctrine of the Gospel of peace , identical with the law of na- ture , form our immovable basis ; and our effort has been to explain the elementary principles which God has made for the government of all nations . Since writing this ...
... doctrine of the Gospel of peace , identical with the law of na- ture , form our immovable basis ; and our effort has been to explain the elementary principles which God has made for the government of all nations . Since writing this ...
Page 16
... doctrines , it must be obvious that antiquity had made little advancement in Ethics , Civil Polity and International Law . We find the facts recorded by history fully sustain this pro- position . No writer pretends that International ...
... doctrines , it must be obvious that antiquity had made little advancement in Ethics , Civil Polity and International Law . We find the facts recorded by history fully sustain this pro- position . No writer pretends that International ...
Page 17
Daniel Gardner. were the universal and unquestioned doctrines of antiquity . Civil Polity , Ethics , and Morals were of course rude and barbarous in these ages of force , injustice , and cruelty . Plato was treacher- ously seized by ...
Daniel Gardner. were the universal and unquestioned doctrines of antiquity . Civil Polity , Ethics , and Morals were of course rude and barbarous in these ages of force , injustice , and cruelty . Plato was treacher- ously seized by ...
Page 29
... doctrines of peace , justice , and equity . He enjoined upon all men , to conform their actions to right reason , which he called the sovereign good . Peace , he commended as the mother of plenty . He taught benevolence and pure morals ...
... doctrines of peace , justice , and equity . He enjoined upon all men , to conform their actions to right reason , which he called the sovereign good . Peace , he commended as the mother of plenty . He taught benevolence and pure morals ...
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A Treatise on International Law: And a Short Explanation of the Jurisdiction ... Daniel Gardner No preview available - 2018 |
Common terms and phrases
admitted allies American ancient armies arms Article Austria authority bank Berlin decree Black Sea Britain British cargoes century Cicero citizens civilization claim colonies commerce common Congress Congress of Panama conquest Constitution contracting parties curtilage debts declared decree doctrine dominion Emperor empire enemy England enjoined equity established ethics Europe European exclusive force France free navigation free ships freedom French Gospel high seas Holy Alliance human international law justice kings land law of nations liberty mankind marine league maritime curtilage ment millions ministers mode moral law municipal jurisdiction Napoleon natural right neutral ocean orders in council peace ports President princes principle private property Prussia public law republic right of search right reason rights and duties river Roman Rome rule sanctioned says Secretary SECTION Senate ships make free slavery slaves sovereign sovereignty Spain straits sword territory tion trade treaty of Utretcht United Vattel vessels violated wars