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 iii
... Law , Morals , Ethics and International Law of Antiquity , ..... CHAPTER II . A Moral Law of Nations taught by History ,. CHAPTER III . The slow progress of Christianity explained , and the effect of re- ligious and political freedom ...
... Law , Morals , Ethics and International Law of Antiquity , ..... CHAPTER II . A Moral Law of Nations taught by History ,. CHAPTER III . The slow progress of Christianity explained , and the effect of re- ligious and political freedom ...
Page vi
... law , arc found echoing without reflection the decisions of the British ... law rests upon the eternal and immutable principles of right rea- son , sanctioned by ... Moral Law of Nations . Our First Part is intended to show the external or vi.
... law , arc found echoing without reflection the decisions of the British ... law rests upon the eternal and immutable principles of right rea- son , sanctioned by ... Moral Law of Nations . Our First Part is intended to show the external or vi.
Page ix
... law of God . Under this Pilgrim constitution , the new stale sat down in the ... law , original in its character , as well as in the circumstances that gave it ... Moral Law of Nations , as made known by history ; and that they both teach ...
... law of God . Under this Pilgrim constitution , the new stale sat down in the ... law , original in its character , as well as in the circumstances that gave it ... Moral Law of Nations , as made known by history ; and that they both teach ...
Page x
... moral truth that jurisdiction , property and per- sons acquired by a nation by the sword , are invariably lost by the sword , and that national violations of peace , equity and humanity , have always produced their own punishment . It ...
... moral truth that jurisdiction , property and per- sons acquired by a nation by the sword , are invariably lost by the sword , and that national violations of peace , equity and humanity , have always produced their own punishment . It ...
Page 11
... law may not appear to be impracticable , we shall call the history of the world to witness , that nations that have risen by force and injustice have all fallen by the same ; and that though the penalties of the moral law of nations may ...
... law may not appear to be impracticable , we shall call the history of the world to witness , that nations that have risen by force and injustice have all fallen by the same ; and that though the penalties of the moral law of nations may ...
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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