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 17
... dominion over their chil- dren , extending in many cases to the power of sell- ing them into slavery , and even at will putting them to death . In the century preceding the Christian era , A. Fulvius , son of a Senator , was taken on ...
... dominion over their chil- dren , extending in many cases to the power of sell- ing them into slavery , and even at will putting them to death . In the century preceding the Christian era , A. Fulvius , son of a Senator , was taken on ...
Page 27
... dominion by the sword , and obtained them ; and then , her corrupt and unprincipled people , practised at home the same atrocities learned in her victorious armies abroad . Cicero , in strains of eloquence , pourtrays this corruption ...
... dominion by the sword , and obtained them ; and then , her corrupt and unprincipled people , practised at home the same atrocities learned in her victorious armies abroad . Cicero , in strains of eloquence , pourtrays this corruption ...
Page 38
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Page 40
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Page 41
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A Treatise on International Law: And a Short Explanation of the Jurisdiction ... Daniel Gardner No preview available - 2018 |
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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