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
... principle . In ancient times , and even down to the 17th century , peace , justice and mercy were not deemed by kings , princes and rulers , necessary national virtues . During many centuries war waived her bloody flag over sea and land ...
... principle . In ancient times , and even down to the 17th century , peace , justice and mercy were not deemed by kings , princes and rulers , necessary national virtues . During many centuries war waived her bloody flag over sea and land ...
Page vi
... principles of right rea- son , sanctioned by the King of kings . The 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 ...
... principles of right rea- son , sanctioned by the King of kings . The 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 ...
Page ix
... principle of the sovereignty of the people , represented by the officers of the various departments of government ... principles , naturally arises a system of American law , original in its character , as well as in the circumstances ...
... principle of the sovereignty of the people , represented by the officers of the various departments of government ... principles , naturally arises a system of American law , original in its character , as well as in the circumstances ...
Page x
... principle by which ancient nations attained power , and finally lost their existence . By the sword they rose , and by the sword they fell . In tracing the erection of the stupendous fabric of Roman do- minion , as well as that of other ...
... principle by which ancient nations attained power , and finally lost their existence . By the sword they rose , and by the sword they fell . In tracing the erection of the stupendous fabric of Roman do- minion , as well as that of other ...
Page 11
... principle of doing to other nations as they would that others should do unto them , we shall exhib- it the mode by ... principles of that law as we read them in the Mene Tekel , written on the tomb of departed empires , and in Revelation ...
... principle of doing to other nations as they would that others should do unto them , we shall exhib- it the mode by ... principles of that law as we read them in the Mene Tekel , written on the tomb of departed empires , and in Revelation ...
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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