SEC.

152. Of the jus gentium and jus civile or jus proprium; recognition of

naturalis ratio,

PAGE

148

Of the attribution of chattel slavery to jus gentium by the Roman

jurists.

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-

149

156. In Roman law slavery was the chattel condition of a natural person, 153

157. The same doctrine recognized in the jurisprudence of all the an-

cient states,

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

empire,

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-

ern Europe,

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-

risprudence,

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,

164

168. Effect of a conversion to Christianity upon slave-condition, how to

be known,

165

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,

PAGE

166

168

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

lier slavery of Europeans,

170

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

slaves,

170

171

171

172

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,

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

of the internal 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. Gould, Holt's

186. Case of Pearne 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,

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

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

CHAPTER V.

SEC.

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES-THE SUBJECT

PRINCIPLES DETERMINING THE CONDITION OF PERSONS

CONTINUED.

TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL LAW.

Circumstances determining the extent of laws of condition in the

colonies.

192. The territorial and personal extent of laws of condition depends on
some possessor of sovereign power,

193. Distinction between the personal and territorial extent of the
English law of free condition,

196

197

194. The liberties of the colonists ascribed to positive law, not to natu-

ral law,

Of law determining the condition of persons not of European race.

195. Classification of natural persons in the colonies who were alien to

the law of England,

196. The law applicable to the original inhabitants, how derived,

197. The law applicable to persons coming from other countries was a

part of international law,

198. Necessity of recurring to principles of universal jurisprudence,

199. Of such principles determining the condition of the aboriginal in-

200. Of such principles supporting the introduction of negro slaves,

201. Negro slavery an effect of customary law,

205

206

202. Term colonists in the charters how to be understood,

207

204. Status of the baptized African or Indian, how determined by custo-
mary law,

203. Power of the imperial government to determine the condition of

imported negroes,

205. The condition of slavery an effect of the local law of a colony,

206. Of the Roman law of manumission,

207. Condition of the free Indian or emancipated negro was an effect of

the local law of a colony,

208. The two systems of personal laws were equally jural in character, 217

Of other laws determining the condition of white persons.

209. Extension of the English law of free condition to colonists of other

European nations,

210. Origin of the servitude of white persons for terms of years,

211. Legal incidents of the condition of such persons,

212. Extension of English dominion in territory first occupied by other

CHAPTER VI.

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES-THE SUBJECT

CONTINUED. LOCAL LEGISLATION DETERMINING CONDITIONS OF FREE-

DOM OR OF BONDAGE.

SEC.

Of the power of the colonial governments over slavery under the pub-

lic laro.

PAGE

213. National law affecting the subject distinguished from local law, 222

214. The local legislative power, in respect to Africans and Indians, was

not limited by English common law,

215. Nor in respect to slaves by the guarantee of the right of property to

the English owner,

Of the actual legislation of the colonies.

216. Apparent necessity of some legislation in reference to the condition

of slavery,

217. Object and extent of the view here taken of colonial legislation,

218. Legislation of Virginia,

223

224

225

226

228

247

254

264

267

273

277

282

286

291

293

297

309

CHAPTER VII.

OF THE PRIVATE INTERNATIONAL LAW EXISTING FOR THE SEVERAL PARTS
OF THE BRITISH EMPIRE DURING THE COLONIAL PERIOD, AND RELATING
TO CONDITIONS OF FREEDOM AND BONDAGE OF THE CONDITIONS UNDER
WHICH SUCH A LAW MIGHT EXIST.

General principles respecting the existence of international law.
231. International law based on the possession of sovereign power by dis-

232. Of an integral possession of sovereign power by states or nations,

SEC.

PAGE

233. Of a distributed possession of the sovereign powers of a state or

nation, .

314

234. Of an international or quasi-international law arising from such

distribution,

Of the international relations of the different parts of the British

Empire.

235. Sovereign powers, how distributed in the empire during the colo-

nial period,

236. Of jurisdiction, and its recognition in private international law,

237. Of domicil as distinguished in the international law of status,

238. Of the portions of the British empire distinguished in respect to

jurisdiction and domicil,

315

315

316

316

317

Characteristics of the law determining the condition of persons not

domiciled.

239. Public and private character of the law determining the condition
of aliens in a colony,

240. The condition of such persons as affected by circumstances already
stated,

241. Of a distinction among such persons according to differences of

physical constitution,

242. Origin and continuance of law determining the condition of the

alien of white race,

320

243. Origin and continuance of law determining the condition of the

alien of African or Indian race,

244. The condition of the last, whether bond or free, determined by the

local sovereignty,

245. The right of the owner of slaves how far resting on national law

of the empire,

246. Franchises enjoyed by persons of African or Indian race were not

supported by the national law,

324

247. Bondage of indentured white servants partially sustained by the

national law,

325

248. The law applying to such persons is properly described as interna-

tional law,

326

249. Character of the law applicable to minor apprentices,

326