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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.

CHAPTER I.

Law, Morals, Ethics and International Law of Antiquity,......

page 1

CHAPTER II.

A Moral Law of Nations taught by History,..

33

CHAPTER III.

The slow progress of Christianity explained, and the effect of re-

ligious and political freedom illustrated by our Republic, 66

PART FIRST.

Moral Law of Nations,......

86

Section 1. General Principles,

91

Section 2. Of a Nation,...

95

Section 3. National functions and Government de facto,...

96

A Nation's liability for acts of those in its service,..

101

Section 4. Of purchase of Territory..

102

Section 5. Of the Union of States,.

103

Section 6. Of the Division of States,..

109

Section 7. Of Naturalization,

109

Section 8. Of Colonization,..

113

Section 9. Of Territorial Rights of a Nation,....

115, 157

Section 10. Of the great Lakes, St. Lawrence, and similar waters, 120

Section 11. Of Maritime Curtilage,..

132

Section 12. Of same and freedom of the Seas,

135

Section 13. Unfounded Maritime Pretensions,..

139

British Orders in Council,..

141, 233, 235

Berlin and Milan Decrees,..

Section 14. Right of Search and Marine Monopoly,

148, 224

Section 15. Of Straits and Danish Sound Dues,.

160

Section 16. Navigable Rivers and Straits,

167, 254

Section 17. High Seas, ..

168

Section 18. Of Transfer of a Nation's right to same,.

171

Section 19. Of a Congress of Nations,..

177

Section 20. Of Ethical Axioms,...

178

Section 21. National Sovereignty,..

179

Section 22. Of Peace,..

182

Section 23. Of Ambassadors,

185

Section 24. Of Mediation,..

144, 213

287

291

299

301

302

303

304

305

307

308

309

310

311

312

312

PREFACE.

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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

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