A Treatise on International Law and a Short Explanation of the Jurisdiction and Duty of the Government of the Republic of the United States
Gardner, 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, -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 39 - But through it there roll'd not the breath of his pride; And the foam of his gasping lay white on the turf, And cold as the spray of the rock-beating surf. And there lay the rider distorted and pale, With the dew on his brow and the rust on his mail: And the tents were all silent, the banners alone, The lances unlifted, the trumpet unblown.
Page 34 - Observe good faith and justice towards all Nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free> enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence.
Page 39 - With the dew on his brow, and the rust on his mail ; And the tents were all silent, the banners alone, The lances unlifted, the trumpet unblown. And the widows of Ashur are loud in their wail, And the idols are broke in the temple of Baal ; And the might of the Gentile, unsmote by the sword, Hath melted like snow in the glance of the Lord ! FROM JOH.
Page 39 - The Assyrian came down like the wolf on the fold, And his cohorts were gleaming in purple and gold; And the sheen of their spears was like stars on the sea, When the blue wave rolls nightly on deep Galilee. Like the leaves of the forest when summer is green, That host with their banners at sunset were seen: Like the leaves of the forest when autumn hath blown, That host on the morrow lay withered and strown.