SEC.

Extent and nature of the authority held by the people of the United
States.

PAGE

409

410

347. Of the territory occupied by the original thirteen States,
348. Of the territory afterwards acquired by the United States,
349. Of the formation of States in territory held by the United States,. 411
350. The power of the political people of the United States is independ-
ent of law and of consent of individuals,

351. That power is unlimited, or absolute in its nature,

412
413

CHAPTER XII.

CONDITIONS OF FREEDOM AND BONDAGE CONSIDERED WITH REFERENCE TO
THE PUBLIC LAW OF THE UNITED STATES.

Liberty considered in connection with the investiture of sovereign

power.

352. Political and civil liberty distinguished,

415

353. Quality of political liberty variable according to its distribution,
354. Two classes of states distinguished according to the location of ul-

416

timate sovereign power,

417

355. On the use of the terms republic and constitution,

418

356. Conditions of the connection between political and civil liberty,
357. Of a constituted government distinct from the possessor of sove-

419

reign power,

420

Relation of the Constitution of the United States to the condition
of private persons.

358. Of the manner in which personal condition may depend on public

law,

359. Twofold nature of the Constitution, being evidence of fact and a
rule of action,

360. Quality of the power held by the Government of the United States,
361. Sovereignty, how distributed between the national Government and
the States,

362. Of powers whose nature may vary by their investiture in the na-
tional Government or in the States,

Means of distinguishing the sources from which the private law may

proceed.

363. Law as opposed to liberty is, under the Constitution, a rule already

determined, and not arbitrary will,

421

422

423

424

426

426

CONTENTS.

xxxiii

SEC.

364. Of the extent of judicial power under the Constitution, to deter-
mine the source of law,

PAGE

427

365. Supremacy of the national judiciary in determining the law con-
tained in the Constitution,

428

429

law,

366. For all private persons its decisions are the supreme criterion of

367. How State sovereignty must yet be independent of judicial power, 430

Of the extent of the judicial power of the national Government as
defined in the Constitution.

368. Of its extent to cases under certain laws and cases between certain

persons,

369. Of the terms State and citizen employed in describing the extent
of judicial power,

370. Meaning of the term State in this connection,
371. Decision of Supreme Court that negroes are not citizens as the
term is used in the Constitution,

433

372. Argument that in this connection the term means any free person
having a domicil,

373. Extent of the judicial power held by the State Governments, .

437

CHAPTER XIIL

CONDITIONS OF FREEDOM AND BONDAGE CONSIDERED WITH REFERENCE TO
THE PUBLIC LAW OF THE UNITED STATES-THE SUBJECT CONTINUED-
OF THE DISTRIBUTION OR CLASSIFICATION OF PRIVATE LAW AFFECTING
THOSE CONDITIONS WHICH MAY BE MADE UNDER A REFERENCE TO
PUBLIC LAW.

Private law in the United States distinguished by its territorial extent.
374. Law is, in extent, either territorial or personal,

375. Variety of the territorial jurisdiction of the powers of the national
Government,

438

376. The Territories of the United States are under the jurisdiction of

the national Government,

439

377. National municipal law and local municipal law,

440

378. The Constitution of the United States a part of the national mu-

379. The laws of the several States have no territorial extent beyond
their limits,

SEC.

Private law in the United States distinguished by its personal extent.

380. Necessary variety in the personal extent of law,
381. Alienage in international and internal law,

382. International relation of those among whom the sum of sovereign
power is distributed,

383. In their local sovereignty the States are towards each other like in-
dependent nations,

384. Alienage in respect to national and local law; foreign and domestic
aliens distinguished,

443

443

444

of international law as a part of the internal laws of the United
States.

385. National municipal law of the United States includes international
law,

386. This international law is determined by the different sources of in-
ternal law,

387. Applied in the United States to two classes of aliens, called foreign
and domestic aliens,

388. How far necessarily the same in all the States; how far may be

different,

389. A portion of this law may be contained in the Constitution of the
United States,

390. Incidents of naturalization to be considered,

391. Powers of the States and of the national Government in respect to

392. Powers of the States in respect to naturalization of domestic aliens, 451
393. Basal questions in determining the relations of foreign aliens,
394. Basal questions in determining the relations of domestic aliens,
395. Public and private character of international law comprehended in
the national law,

451

451

452

396. Of that international law which is derived from the several jurid-
ical powers of the States,

452

397. International law in the Territories regarded as jurisdictions, having
a local law,

Classification of the laws of the United States with reference to
these incidents.

398. Reasons for not first distinguishing those laws as either national or

399. First distinction of those laws as either internal or international,
400. Internal law divided into national and local internal law, .

CONTENTS.

SEC.

401. International law divided into domestic international law and for-

eign international law, .

402. Domestic international law subdivided,
403. Foreign international law subdivided,

PAGE

455

456

404. Personal status to be considered as an effect of these divisions of

the law,

CHAPTER XIV.

THE NATIONAL MUNICIPAL (INTERNAL) LAW OF THE UNITED STATES—ITS

EFFECT UPON CONDITIONS OF FREEDOM AND ITS OPPOSITES.

Of the Constitution as a legislative determination of the rights of
private persons.

405. National municipal law to be considered as affecting individual

rights and legal capacity,

458
406. Reference to the distinction between legal persons and legal things, 458
407. Power over personal liberty may have been disclaimed by the

408. Effect of a universal attribution of any rights in the Constitution, 461
409. Of limitations on the powers of the Government as securing

410. Enumeration of such limitations in the Constitution on the powers
of the national Government,

411. Of limitations on the powers reserved to the States,
412. Of the character of the Constitution as a bill of rights,

Consequences from the recognition of the preexisting constituent people.

413. Rights which must be attributed to the individuals composing that
people,

414. The individual members are known by the then existing laws of
personal condition,

466

415. The private law of the colonies was not abrogated by the Revolu-

tion,

467

416. The Declaration of Independence was not intended to operate as

417. The Congress declaring it had no powers in respect to personal

418. No such effect has been judicially ascribed to such national decla-

rations of right,
419. There is no national abnegation of power to limit personal liberty, 471

.

SEC.

Of liberty as the general object of the public law contained in the
Constitution.

420. Liberty as secured by the Constitution is definable only by refer-
ence to customary law,

421. How far provisions in the Constitution restrict the States in their
powers,

422. Of political liberty regarded as an element of personal condition,
423. Political liberty as a personal right is not determined by the Con-
stitution of the United States,

424. It is determined by the local law of the several States,
425. The Constitution of the United States is not a bill of rights as
against the States,

PAGE

472

473

473

474

475

476

Of customary or common law included in the national municipal law.
426. Distribution of power to modify the effects of common law, includ-
ing universal jurisprudence,

427. In respect to territorial extent common law is local and not
national,

477

428. But common law is incidental to the exposition of the written
national law,

479

429. Rules of common law origin may have national extent as personal
laws,

480

430. In applying natural reason the national power is limited to speci-
fied relations,

481

431. Common law, including universal jurisprudence and Christian
morals, is alterable by the States,

482

432. Common law in the Territories is a local law,

482

Constitutional location of power over personal condition.

433. The determination of personal condition is not included under the
national branch of powers,

434. The States are not restricted in determining status under their in-

435. The States determine the status of persons in respect to the action
of the national Government,

436. The distribution of power over status is not the same as during

the colonial period,

483

483

484

484