The Law of Freedom and Bondage in the United States

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,

PAGE

441

442

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,

445

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

ternal law,

445

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

and domestic aliens,

446

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

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

naturalization of foreign aliens,

392. Powers of the States in respect to naturalization of domestic aliens,

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,

396. Of that international law which is derived from the several jurid-

ical powers of the States,

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

local,

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

SEC.

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

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

ultimate sovereign,

459

408. Effect of a universal attribution of any rights in the Constitution, 461

409. Of limitations on the powers of the Government as securing

rights of private persons,

462

410. Enumeration of such limitations in the Constitution on the powers

of the national Government,

462

411. Of limitations on the powers reserved to the States,

412. Of the character of the Constitution as a bill of rights,

464

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

tion,

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

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

private law,

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

condition,

469

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

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

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,

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

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,

Constitutional location of power over personal condition.

433. The determination of personal condition is not included under the

national branch of powers,

483

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

ternal law,

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

CHAPTER XV.

OF THE NATIONAL MUNICIPAL LAW OF THE UNITED STATES-THE SUBJECT
CONTINUED OF THE PERSONS WHO MAY APPLY THAT LAW BY THE
EXERCISE OF JUDICIAL POWER.

Of the exercise of judicial power by the national Government and

the States.

SEC.

PAGE

438. Connection of private condition with the question of judicial juris-

diction,

437. Where the functions of sovereignty are divided the judicial is the

test of power, .

486

439. A separate judicial power follows from the constitutional distribu-

tion of sovereignty,

487

440. Possibility of a concurrent exercise of the judicial power,

441. The doctrine belongs to local as well as to national law,

442. The law concurrently applicable may be that which is quasi-inter-

national,

487

488

445. Apparent exception in State laws applied by national jurisdiction

over persons,

444. The National and the State power each supreme in the application

of its own law,

443. Presumption that the national law is also applicable by State tri-

bunals,

488

489

National law applied in the concurrent jurisdiction of the State courts.

446. Admitted supremacy of the national judiciary in application of

national law,

447. Where national and State judicial power may concurrently support
the same rule,

448. Illustration in civil and criminal jurisdiction,

491

449. Where individual rights are in controversy the judicial power of the

States is concurrent,

494

450. This doctrine supported by judicial decision,

494

451. A principle of universal law supporting the jurisdiction in all cases,

452. Statement and application of the principle in the Federalist,

453. Jurisdiction undisputed in cases originally within the State power, 498

454. Question of concurrent judicial power distinct from that of concur-

rent legislative,

Of restrictions on the concurrent judicial power.

455. The States may limit the application of their several judicial

456. The jurisdiction can be exercised only by courts of ordinary or

common law jurisdiction,

457. Jurisdiction is to the tribunals matter of duty, if of power,

458. The national rule when applied by State power is local in territo-

rial extent,

459. The State judicial function is here subordinate to the national,

Of the persons in whom national judicial power may be vested.

460. The national judicial power cannot be vested in the judicial officers

of a State,

461. Constitutional provisions for the investiture of the judicial power of

462. Distinction of the administrative and the judicial application of

national law,

463. Judicial power and ancillary ministerial power, how distinguishable, 506

464. How judicial action may be discriminated,

465. Office of Commissioners of United States courts and of State Jus-

tices of the Peace,

466. Of portions of national law not applicable by judicial tribunals,

467. The exterior application of international law is not within the ju-

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDI-

TIONS OF FREEDOM AND ITS CONTRARIES, CONSIDERED IN CONNECTION

WITH PRINCIPLES OF PUBLIC AND PRIVATE LAW WHICH HAVE BEEN

STATED IN PREVIOUS CHAPTERS.

511

512

Political existence of the people of the several States.

469. The corporate existence of the political people of a State is extrin-

470. Their possession of sovereignty is a fact above the national Con-
stitution, not under it,

471. The individual constituents of the people of the State are desig-
nated by a law, .

472. The political people of the States identified with the people of the

colonies,

Of liberty in its relation to the State sovereignty.

473. Political liberty in the States, regarded as a private right, depends

altogether on State law,

« السابقة متابعة »

كتب

The Law of Freedom and Bondage in the United States, المجلد 1