SEC.

PAGE

152. Of the jus gentium and jus civile or jus proprium; recognition of
naturalis ratio, .

Of the attribution of chattel slavery to jus gentium by the Roman

jurists.

153. The Romans held slavery arising from captivity to be based on
natural reason,

154. The Romans ascribed all slavery to the jus gentium and to natural
reason,

148

149

'. 151

155. Illustration of the meaning of constitutio juris gentium in the Ro-

man law,

156. In Roman law slavery was the chattel condition of a natural person,
157. The same doctrine recognized in the jurisprudence of all the an-
cient states,

152

153

*.. 154

Of changes which have taken place in universal jurisprudence affect
ing personal condition.

158. How the fact of such change may be known,

160. Effect of Christianity in modifying slavery under the Roman
empire,

155

159. Changes occurring in international law are not simultaneous among

157

157

161. By this modification slavery was no longer attributable to univer-
sal jurisprudence,

162. Similar effect of Christianity on slavery among the nations of north-
ern Europe,

Of universal jurisprudence supporting the slavery of Negroes and
Indians.

163. Of difference of religious creed as a foundation of chattel slavery
in modern times,

164. Chattel slavery of infidels and heathens supported by universal ju-
risprudence,

165. In the fifteenth century the holding of heathen negroes as slaves
was so supported,

167. Modern universal jurisprudence supporting chattel slavery has had
limited personal extent,

168. Effect of a conversion to Christianity upon slave-condition, how to

be known,

165

166. The traffic in negro slaves was recognized by all the maritime na-
tions of Europe,

CONTENTS.

xxiii

BEC.

169. Difficulty of deriving a rule of universal jurisprudence on this
point from the practice of modern nations,

PAGE

166

170. How in the law of nations in respect to slaves its reception of uni-
versal jurisprudence may be known,

168

171. Analogy probably found in the effect of Christianity upon the car-
lier slavery of Europeans,

172. The question might be differently answered at different times dur-
ing the colonial period,

Of the rule of universal jurisprudence particularly exhibited by the
juridical action of Great Britain.

173. Why the common law of every state must exhibit its own recep-
tion of universal jurisprudence,

174. Christianity a part of common law as it may have the character of
universal jurisprudence,

175. Slavery not regarded by a state as contrary to Christianity if sus-
tained in any part of its dominions,

176. English statutes recognizing the lawfulness of commerce in negro
slaves,

170

170

171

171

172

173

176

177. Inference that property in negro slaves was recognized by the law
prevailing in England,

178. The condition of a negro brought to England, determined either by
universal jurisprudence or local law,

179. It would be determined either as a question of the international or
of the internal law,

The question of the lawfulness of negro slavery in England consid-
ered as one arising under internal law.

180. Of the dictum, "in English air slaves cannot breathe,” and a statute

185. Cases of Smith v. Brown and Cooper, and of Smith v. Gould, Holt's

187. Case of Shanley v. Harvey, Northington's decision,

186

188. Inferences from the decisions that trover would not lie for a negro, 186
189. Attempted statement of the legal distinction in these cases,

CHAPTER V.

SEC.

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES-THE SUBJECT
PRINCIPLES DETERMINING THE CONDITION OF PERSONS
TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL LAW.

CONTINUED.

Circumstances determining the extent of laws of condition in the

colonies.

192. The territorial and personal extent of laws of condition depends on
some possessor of sovereign power,

193. Distinction between the personal and territorial extent of the
English law of free condition,

PAGE

195

196

197

194. The liberties of the colonists ascribed to positive law, not to natu-
ral law,

Of law determining the condition of persons not of European race.
195. Classification of natural persons in the colonies who were alien to
the law of England,

.

196. The law applicable to the original inhabitants, how derived,
197. The law applicable to persons coming from other countries was a
part of international law,

198. Necessity of recurring to principles of universal jurisprudence,
199. Of such principles determining the condition of the aboriginal in-
habitants,

200. Of such principles supporting the introduction of negro slaves,
201. Negro slavery an effect of customary law,

205

206

202. Term colonists in the charters how to be understood,

207

203. Power of the imperial government to determine the condition of
imported negroes,

208

204. Status of the baptized African or Indian, how determined by custo-
mary law,

205. The condition of slavery an effect of the local law of a colony,
206. Of the Roman law of manumission,
207. Condition of the free Indian or emancipated negro was an effect of
the local law of a colony,

208. The two systems of personal laws were equally jural in character, 217

Of other laws determining the condition of white persons.

209. Extension of the English law of free condition to colonists of other
European nations,

210. Origin of the servitude of white persons for terms of years,
211. Legal incidents of the condition of such persons,
212. Extension of English dominion in territory first occupied by other

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES-THE SUBJECT
CONTINUED. LOCAL LEGISLATION DETERMINING CONDITIONS OF FREE-
DOM OR OF BONDAGE.

SEC.

Of the power of the colonial governments over slavery under the pub-

lic law.

PAGE

213. National law affecting the subject distinguished from local law, 222
214. The local legislative power, in respect to Africans and Indians, was
not limited by English common law,

215. Nor in respect to slaves by the guarantee of the right of property to
the English owner,

Of the actual legislation of the colonies.

216. Apparent necessity of some legislation in reference to the condition

217. Object and extent of the view here taken of colonial legislation,

218. Legislation of Virginia,

223

224

OF THE PRIVATE INTERNATIONAL LAW EXISTING FOR THE SEVERAL PARTS
OF THE BRITISH EMPIRE DURING THE COLONIAL PERIOD, AND RELATING
TO CONDITIONS OF FREEDOM AND BONDAGE-OF THE CONDITIONS UNDER
WHICH SUCH A LAW MIGHT EXIST.

General principles respecting the existence of international law.
231. International law based on the possession of sovereign power by dis-

tinct persons,

232. Of an integral possession of sovereign power by states or nations,

SEC.

233. Of a distributed possession of the sovereign powers of a state or

234. Of an international or quasi-international law arising from such
distribution,

PAGE

Of the international relations of the different parts of the British
Empire.

235. Sovereign powers, how distributed in the empire during the colo-
nial period,

236. Of jurisdiction, and its recognition in private international law,
237. Of domicil as distinguished in the international law of status,
238. Of the portions of the British empire distinguished in respect to
jurisdiction and domicil,

315

315

316

316

317

Characteristics of the law determining the condition of persons not
domiciled.

239. Public and private character of the law determining the condition
of aliens in a colony,

1

240. The condition of such persons as affected by circumstances already
stated, .

241. Of a distinction among such persons according to differences of
physical constitution,

242. Origin and continuance of law determining the condition of the
alien of white race,

318

243. Origin and continuance of law determining the condition of the
alien of African or Indian race,

244. The condition of the last, whether bond or free, determined by the
local sovereignty,

245. The right of the owner of slaves how far resting on national law
of the empire,

246. Franchises enjoyed by persons of African or Indian race were not
supported by the national law,

247. Bondage of indentured white servants partially sustained by the

248. The law applying to such persons is properly described as interna-

tional law,

326

249. Character of the law applicable to minor apprentices, .

326