A TREATISE ON 46657 INTERNATIONAL LAW, AND A SHORT EXPLANATION OF THE JURISDICTION AND DUTY OF THE GOVERNMENT OF THE REPUBLIC OF THE UNITED STATES. BY DANIEL GARDNER, ESQ., . COUNSELLOR AT LAW. TROY, N. Y.: FROM THE PRESS OF N. TUTTLE, CCXXV RIVER-STREET. Law, Morals, Ethics and International Law of Antiquity,...... A Moral Law of Nations taught by History,.. The slow progress of Christianity explained, and the effect of re- ligious and political freedom illustrated by our Republic, 66 Section 1. General Principles, Section 3. National functions and Government de facto,... A Nation's liability for acts of those in its service,.. Section 4. Of purchase of Territory.. Section 5. Of the Union of States,. Section 6. Of the Division of States,.. Section 9. Of Territorial Rights of a Nation,.... Section 10. Of the great Lakes, St. Lawrence, and similar waters, 120 Section 11. Of Maritime Curtilage,.. Section 12. Of same and freedom of the Seas, Section 13. Unfounded Maritime Pretensions,.. Berlin and Milan Decrees,.. Section 14. Right of Search and Marine Monopoly, Section 15. Of Straits and Danish Sound Dues,. Section 16. Navigable Rivers and Straits, Section 18. Of Transfer of a Nation's right to same,. Section 19. Of a Congress of Nations,.. Section 20. Of Ethical Axioms,... 144, 213 Section 25. Of National Arbitrament,.. Section 26. Of a Diplomatic Congress, Section 30. Of Slavery and the Slave Trade, Section 31. Of Foreign Debts and Property, Section 35. Of Belligerent Rights, and Self Defence,.. Section 36. Of Confiscation of Debts,.. Section 38. Subjects of Belligerent Capture,.. Exemption of Private Property, Section 39. Of Neutral Rights admitted by Britain and affirmed Section 40. Of Free Trade and Freedom of the Seas,. Section 41. Of American Neutrality, Section 42. Of Balance of Power,.. Section 44. Formula of Treaties, Section 45. Summary of General Principles,. Washington's Farewell Address,.. Section 1. National and State Powers of the United States,..... New States and their Division,... Section 3. Invasion and Insurrection,.. Section 4. Currency and Credit of the United States,.. Section 5. Credit of the States,.. Section 13. Judiciary of the United States,.. Section 14. Interstate Relation, 287 291 299 301 302 303 304 305 307 308 309 310 311 312 312 PREFACE. We have been induced to write this work in order to place international law upon the solid basis of 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, filled the earth and seas with human blood, seized, sacked, burned or destroyed cities, merchant ships and private property, wherever found, as suited the pleasure of the strong men armed. Christianity has by slow degrees restricted the wrongs of 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 reasons for immunity of private property on land apply to merchant ships and cargoes at sea. Still a great maritime nation insists upon continuing the ancient piratical practice of plundering merchant ships at sea, while the ware-houses of enemies noncombatant on shore are protected from capture. This is contrary to reason and principle, and as a reliet of barbarism we propose to sweep it away. The same great naval power, which for near a century admitted the 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 cominerce, and secures the freedom of the seas. She has sought to establish by force a municipal jurisdiction over the slips of foreign nations, extorting tribute from and searching neutral ships, prohibiting and regulating their trade with her enemies, as though all neutral states were British col. onies. These high handed and unprincipled practices have received the judicial aid of her adıniralty, and the support of British publicists. But such has been the naval power and intluence of Britain, that |
