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

الغلاف الأمامي
Little, Brown, 1858

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المحتوى

National and international law are thus differently applied
27
Of the exercise of judicial power by the national Government
32
Of the authority of universal jurisprudence
34
The Romans ascribed all slavery to the jus gentium and to natural
36
Of individual and relative rights
40
3855
44
The second portion described a law in the primary sense
50
Its extent to persons depends on the will of the state
56
Of the universal reception of such maxims in international law
62
Necessary identity and coëxistence of these maxims
68
Hubers three maxims
70
SEC PAGE
71
Storys version of Hubers third maxim
82
The effect of foreign laws limited by laws having universal personal
88
Universal jurisprudence cognizable from the history of the
94
How laws of universal personal extent may be judicially discrim
95
Of legislation as limiting the judicial application of elementary prin
103
Personality or legal capacity a necessary topic of private interna
109
These principles may operate as internal law as well as interna
112
The recognition of chattel slavery under comity limited by universal
115
The common law of England accompanied the English colonist
118
Of the common law having personal extent as a political guaran
124
The question might be differently answered at different times dur
125
The entire body of common law was not as a personal law trans
126
Civil and political liberty liberty by public and by private law
130
Of the guarantees in English law of the rights incident to free con
135
CHAPTER IV
142
Of the Roman law as an exposition of universal jurisprudence
148
reason
149
Effect of Christianity in modifying slavery under the Roman
156
366
160
Similar effect of Christianity on slavery among the nations of north
162
Of the deficiency of legislative enactments on this topic
164
Why the common law of every state must exhibit its own recep
169
427
173
English statutes recognizing the lawfulness of commerce in negro
176
Cases of Smith v Brown and Cooper and of Smith v
182
Attempted statement of the legal distinction in these cases
189
CONTINUED
193
Of such principles determining the condition of the aboriginal
199
topic
203
The condition of slavery an effect of the local law of a colony
205
Legal incidents of the condition of such persons
211
National law affecting the subject distinguished from local law
214
The term servants in intercolonial agreements probably included
218
Why universal jurisprudence must be taken as determining prop
234
220
254
Of the case of Somerset as a precedent of international law
255
Case of the Polish refugee in Holland
260
Question of status on return to slave domicil
267
Inquiry into this why postponed
272
223
273
225
282
227
292
Slavery recognized under the rule only when maintained by uni
298
Legal personality may have been attributed to all
299
How a natural law is distinguishable in this connection
305
Opinion of Gudelin on this point
318
The right of the owner of slaves how far resting on national
323
International effect of common law as a law personal to the
324
But not known as effect of universal jurisprudence when rejected
363
For all private persons its decisions are the supreme criterion
366
In the fifteenth century the holding of heathen negroes as slaves
376
Necessary variety in the personal extent of law
380
This international law is determined by the different sources of
386
Bondage of indentured white servants partially sustained by
389
Powers of the States in respect to naturalization of domestic aliens
392
The law applying to such persons is properly described as interna
396
New York
402
New Jersey
410
Liberty as secured by the Constitution is definable only by refer
420
372
435
Inconsistencies in that opinion
436
374
438
The slavetrade not then contrary to the law of nations in
442
Whether negro slavery had before that case been lawful
444
391
450
The jurisdiction can be exercised only by courts of ordinary
456
Effect of a universal attribution of any rights in the Constitution
461
Political and civil liberty distinguished
467
The individual members are known by the then existing laws
471
Of that international law which is derived from the several jurid
473
Distinction of the early State Governments as restricted or not
480
State power over personal condition has not been increased since
486
The Territories of the United States are under the jurisdiction
487
Reasons for not first distinguishing those laws as either national
491
The determination of personal condition is not included under
494
A principle of universal law supporting the jurisdiction in all cases
498
tion
521
SEC PAGE
523
The States determine the status of persons in respect to the action
525
Nor sustained by the law having a national and personal extent
530
Question of concurrent judicial power distinct from that of concur
531
The laws of the several States have no territorial extent beyond
536
Of the distinction of race as noticed or not in these authorities
538
498
539
Mr Justice McLeans opinion
542
The rule against the recognition of slavery as derived from these
550
Argument that the legislative power is not thus restricted
554
Of the rule of property of alien owner in transit protected by inter
558
511
563
The standard is found in the customary law of all civilized nations
566
reign power
567
Ambiguous use of the term positive law
575
Illustrated in an extract from Senator Benjamins speech
581
sic of any law
582
The political people of the States identified with the people of
586
The previous practice of holding negroes in bondage there
588
Inconsistency in denying the legislative power in Congress
591
How legal conclusions might be different for England and
597
160
600
Of powers whose nature may vary by their investiture in the
601
Opinions of Justices Wayne and Grier
603
How Puffendorf and Vattel are commonly cited on this point
607
426
609
No such effect has been judicially ascribed to such national decla
610
229
612
The distribution of power over status is not the same as during
613
Modern universal jurisprudence supporting chattel slavery has
616

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الصفحة 259 - That all men are by nature equally free and independent, and have certain inherent rights of which when they enter into a state of society, they cannot by any compact deprive or divest their posterity ; namely the enjoyment of life and liberty, with the means of acquiring and possessing property, and the
الصفحة 428 - where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general.
الصفحة 432 - with the resolutions and letter accompanying the same, be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case.
الصفحة 262 - To the end that the body of freemen may be preserved of honest and good men: It is ordered that henceforth no man shall be admitted to the freedom of this commonwealth, but such as are members of some of the churches within the limits of this jurisdiction.
الصفحة 568 - in the Constitution itself, that when it confers on Congress the power to make all needful rules and regulations respecting the territory belonging to the United States, the exclusion or the allowance of slavery was excepted ; or if any thing in the history of this provision tends to show
الصفحة 488 - any form of government becomes destructive of those ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles, and organizing its powers
الصفحة 437 - The words ' people of the United States' and ' citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the
الصفحة 120 - such just and equal laws and ordinances, acts, constitutions and officers from time to time as shall be thought most meet and convenient for the general good of the colony;
الصفحة 127 - it hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power, which in all governments
الصفحة 454 - Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by

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