479. Constituted governments cannot be possessed of unlimited sove- 514 475. Presumption that the existing State Governments are republican, 515 Conditions of the tenure of power by State Governments. 477. Powers of the States are residuary in respect to those held by the 480. Distinction of the early State Governments as restricted or not by 481. Of common law restraining a State Government in the absence 482. Customary law referred to in the construction of written consti- 483. Similarity of this inquiry to that of the extent of the power of 484. Continuation of the customary distinction of two systems of per- 486. State power over personal condition has not been increased since 487. Except as restrained by quasi-international provisions, personal 491. Supposed sanction for legislation reducing free blacks to slavery, . Doctrines of the equality of the States in respect to the territory of 502. Of the doctrine as a principle of law, 503. Of the doctrine as a political principle, 507. Fallacy in the doctrine that in the Constitution slaves are referred 558 510. Of the support of the power by its former customary exercise, 511. Of the rejection by the Chief Justice, in this question, of the laws 514. The standard is found in the customary law of all civilized nations, 566 515. Or in the universal jurisprudence of all juridical nations, . 516. Which was part of the American law having national extent and Slavery in the United States does not rest on a national common law. 520. That slavery rests on national common law is implied in Chief 522. Historical proof that slavery rests on local common law, 523. The question of the lawfulness of slavery in the Territories is one Of confusion arising from deficiency of terms. 527. Illustrated by Chief Justice Shaw in Commonwealth v. Aves, 528. Illustrated in an extract from Senator Benjamin's speech, Theories of the power of the national Government in the Territories. 531. The three functions of sovereignty are necessarily combined in the manifestation of juridical power, 532. Conditions of the exercise of executive and judicial power in the 533. Inconsistency in denying the legislative power in Congress, 534. The idea that the national Government may remain neutral in re- Of the further exposition of the local municipal law. INDEX OF CASES. THE REFERENCE IS TO THE PAGE. A Albany Fire Ins. Co. v. Bay, 4 Comstock, 1, Bank of Augusta v. Earle, 13 Peters, 519, Bank of the United States v. Norton, 3 Marshall's Ky., 422, Beaumont v. Barrett, 1 Moore's Cases, P. C., 75, Alfred v. Marquis of Fitzjames, 3 Espinasse, 3, 380 Almeida, case of, 12 Niles' Weekly Reg., 115, 213,. 495, 504, 508 Américan and Ocean Ins. Cos. v. Canter, 1 Peters, 511, 453 Anonymous, 2 Peere Williams, 75, 115 116, 117 74 430 116 Buckner v. Finley, 2 Peters, 586, Buckwalter v. the United States, 11 Serg. and Rawle, 193, Butler v. Craig, 2 Harris & McHenry, 214, Butts v. Penny, 2 Levinz, 201, and 3 Keble, 785, Chambers v. Warkhouse, 3 Levinz, 336, Chamberlayne v. Harvey, 1 Ld. Raymond, 147, Carthew, 396, and 5 Mod. 187, Corporation of New Orleans v. Winter, 1 Wheaton, 91, Coventry v. Woodall, Hobart, 134, . 13, 140, 519 115, 196 490 491 495 180 181, 379 520 208 71 127 204, 207, 214, 321, 334, 338, 340, 342, 358, 373, 406, 408, 409, 412, 435-437, 440-463, 471, 490, Dred Scott v. Sandford, 19 Howard, 393, |