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
... war which are called by some belligerent rights . Private property on land is now deemed free from belligerent capture , and public edifices not devoted to arms and works of art are considered exempt from destruction in war . The ...
... war which are called by some belligerent rights . Private property on land is now deemed free from belligerent capture , and public edifices not devoted to arms and works of art are considered exempt from destruction in war . The ...
Page vi
... wars unprofitable by giving absolute immunity to private property at sea as well as on land , to secure to neutral ships free trade , and to make a state of hostilities inconsistent with the interest of warring nations . Our aim is to ...
... wars unprofitable by giving absolute immunity to private property at sea as well as on land , to secure to neutral ships free trade , and to make a state of hostilities inconsistent with the interest of warring nations . Our aim is to ...
Page 15
... war , laid waste all the cities and fields of the old world , destroying the fruits of industry , and filling the earth with cruelty and wrong . The sword , which devastated property and life , claim- ed to enslave all captives , men ...
... war , laid waste all the cities and fields of the old world , destroying the fruits of industry , and filling the earth with cruelty and wrong . The sword , which devastated property and life , claim- ed to enslave all captives , men ...
Page 16
... war . Since the most enlightened States of antiquity , at the birth of Christ acted upon such atrocious and rapacious doctrines , it must be obvious that antiquity had made little advancement in Ethics , Civil Polity and International ...
... war . Since the most enlightened States of antiquity , at the birth of Christ acted upon such atrocious and rapacious doctrines , it must be obvious that antiquity had made little advancement in Ethics , Civil Polity and International ...
Page 19
... war . Woman , graceful and lovely woman , was merely a producer of children to fill the ranks of the army , and man was a fighting animal . And in order that all the freemen might be soldiers , the product of the labor of Helot slaves ...
... war . Woman , graceful and lovely woman , was merely a producer of children to fill the ranks of the army , and man was a fighting animal . And in order that all the freemen might be soldiers , the product of the labor of Helot slaves ...
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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