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A TREATISE

ON

4665:7

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.

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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 relict 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 commerce, and secures the freedom of the seas. She has sought to establish by force a municipal jurisdiction over the ships 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 colonies. These high handed and unprincipled practices have received the judicial aid of her adiniralty, and the support of British publicists. But such has been the naval power and influence of Britain, that

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