The Law of Freedom and Bondage in the United States - John Codman Hurd - كتب Google

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SEC.

96. Judicial allowance of effects ascribed to universal jurisprudence,
97. But universal jurisprudence has not authority independently of the
authority of some national law,

98. Universality predicable of law with reference to different subjects of
its extent, nations, and individuals,

99. Effects of universal jurisprudence may be limited by laws of uni-
versal personal extent,

100. Justification of the recognition of a universal jurisprudence notwith-

standing this limitation,

101. Universal jurisprudence developed by the application of interna-

102. How laws of universal personal extent may be judicially discrim-

103. Of legislation as limiting the judicial application of elementary prin-

of international law determining status or personal condition.

104. Of international law regarded as a department of private law,

105. Impropriety of the term conflict of laws,

106. In having international recognition laws have a personal extent,

107. Their international recognition is not dependent on their personal

108. Laws of personal condition or status may receive international re-

109. Personality or legal capacity a necessary topic of private interna-

110. Relations incident to status are internationally recognized when as-

cribed to universal jurisprudence,

111. Principles of a universal jurisprudence may be applied to a partic-

ular class of persons,

112. How far conditions of freedom or of bondage can be attributed to

universal jurisprudence,

113. Conditions supported by universal jurisprudence become conditions

under the law of the forum,

114. Conditions not so supported may still be sustained by what is called

115. The recognition of chattel slavery under comity limited by universal

attribution of personality,

116. The recognition of the bondage of legal persons limited by the uni-

versal attribution of individual rights,

117. Slavery created by foreign law recognized where liberty is not uni-

versally attributed,

118. May still not be recognized, though a bondage exists under the local

119. Though disallowed, slavery is not supposed to be contrary to justice

in the place of domicil,

120. Though disallowed in the forum, its incidental effects in the foreign

jurisdiction may be recognized,

121: These principles may operate as internal law, as well as interna-

122. Action of judicial tribunals distinguished from the autonomic act

of the sovereign,

OF THE ESTABLISHMENT OF MUNICIPAL (NATIONAL) LAW IN THE ENG-

LISH COLONIES OF NORTH AMERICA. PERSONAL EXTENT OF THE

COMMON LAW OF ENGLAND.

Political foundation of law in the colonies.

123. On a change of sovereigns the territorial law of a country con-

124. The personal quality of laws manifested in colonization,

125. Of the extent of English law in countries acquired by the British

126. The common law of England accompanied the English colonist as

a personal law, .

127. Local laws of the colonies required not to be contrary to that law,

128. Of political authority in America derived from the compacts of the

129. Of the force of legislative declarations by the local governments of

the rights of private persons,

130. Of the common law, having personal extent, as a political guaran-

tee of the rights of the colonists,

131. Of English common law as limiting the legislative power of the

132. The common law of England had the character of a national law

in the colonies,

Of personal condition as an effect of English law in the colonies.

133. Of freedom or liberty as the result of positive law, both public and

134. Civil and political liberty, liberty by public and by private law,

135. The idea of civil freedom includes that of a political guarantee,

136. The liberties of the English colonists, rested on common law of

national character,

137. The entire body of common law was not, as a personal law, trans-

ferable to the colonies,

138. The right of property under this personal law, existed only in refer-

ence to things known to the law of England,

139. The English law of individual rights, and capacity for relative

rights, was the law of status for the English colonist, .

140. Of the guarantees in English law of the rights incident to free con-

141. Villenage at common law was never transferred to the colonies

under personal laws,

142. The relation of master and servant under the law so transferred

was one founded on consent,

143. Of the rights of the master, incident to that relation, in respect to

144. Of universal jurisprudence, affecting personal condition, forming

a part of English common law,

145. Ordinary apprehension of the extent of the attribution of personal

liberty by English law,

146. In what sense the law of nations is said to be part of the law of

ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES, THE SUBJECT CON-

TINUED. OF PRINCIPLES OF UNIVERSAL JURISPRUDENCE, RELATING

TO FREEDOM AND ITS OPPOSITES, ENTERING INTO THE COMMON LAW

Of the evidence of the existence of a principle of universal juris-

prudence.

147. Proposed exhibition of doctrines of universal jurisprudence affect-

ing status at the planting of the colonies,

148. Of the Roman law as an exposition of universal jurisprudence,

149. Conception of jurisprudence by the civilians, as including ethics,

Of the analysis of law which is made in the Institutes.

151. Analysis of jus privatum according to its supposed origin; recog-

nition of a jus naturale,

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

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

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

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-

Of changes which have taken place in universal jurisprudence affect-

ing personal condition.

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

159. Changes occurring in international law are not simultaneous among

160. Effect of Christianity in modifying slavery under the Roman

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-

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-

165. In the fifteenth century the holding of heathen negroes as slaves

was so supported,

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

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,

BEC.

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

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

171. Analogy probably found in the effect of Christianity upon the ear-
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

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

of the internal law,

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,

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.

186. Case of Peårne v. Lisle, Hardwick's decision,

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

188. Inferences from the decisions that trover would not lie for a negro, 186

189. Attempted statement of the legal distinction in these cases,

190. Lord Mansfield's decision in Somerset's case,

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