James v. Lechmere, Washburn's paper before Mass. Hist. Soc.,
Jenkins, case of, 2 Wallace, jr., 521,

Jones v. Perry, 10 Yerger, 59,

Jones and others v. Reed, 1 Johnson's Cases, 20, 1 Caines, 594, note,

K

Kempe, Lessee of, v. Kennedy, 5 Cranch, 174,

Kirk, case of George, 4 N. Y. Legal Obs., 456,
Knight against Wedderburne, 33 Morrison's Dict. Decisions,

L

Livingston, Lessee of, v. Moore, 7 Peters, 469,
Lockington, case of, 5 Hall's Am. Law Journal, 92,
Lonsdale v. Brown, 4 Wash. C. C. R., 148,

Louis, the, 2 Dodson's Adm., 210,

Lunsford v. Coquillon, 14 Martin, La., 401,
Luther v. Borden, 7 Howard, 1,

464, 486, 506

495

444

6

576

396, 410, 413

Mary v. the Vestry of Wm. and Mary Par., 3 Harris, and McHenry,

501,

176

503

Neal v. Farmer, 9 Georgia, 555, . 14, 32, 137, 154, 165, 172, 188, 207, 212,

0

Oliver v. Weakley, 1 Am. Law Register,

226, 311, 577

194

P

Pallas and others v. Hill and others, 2 Hen, and Munford, 149,

Saul v. His Creditors, 17 Martin's La., 569,
Schooner Exchange v. McFaddon, 7 Cranch, 116,

Scott, (the negro Dred,) v. Emerson, 15 Missouri, 576,
Scrimshire v. Scrimshire, 2 Hagg. Consis., 395, .
Sergeant, ex parte, 8 Hall's Law Journal, 206,
Seton v. Hanham, R. M. Charlton, 374,

Seville v. Chretien, 5 Martin's La., 275,

Shanley v. Harvey, 2 Eden, 126,

Sheddan against a Negro, 33 Morrison's Dict. Decisions,

Sims, case of, 7 Cushing, 285,

63

9

490

88

495

433

212

586, 587
332

32, 313, 408, 495, 501

Smith v. Brown and Cooper, Salkeld, 666, and Holt, 495, . 116, 118, 182, 359

Smith v. Gould, Salkeld, 666, and 2 Ld. Raymond, 1274,
Somerset, case of, Lofft, 1, and 20 Howell's St. Trials, 1,

Stacy, case of, 10 Johnson, 328,

116, 184

27, 43, 136,

189, 358, 576

495

Wells v. Newkirk, 1 Johnson's Cases, 228,

Wheaton and others v. Peters and others, 8 Peters, 591,

Winchendon v. Hatfield, 4 Mass., 123, .
White v. Chambers, 2 Bay, 70,
Wilkinson v. Leland, 2 Peters, 627,

Wright v. Deacon, 5 Serg. and Rawle, 62, .
Wynehamer v. People, 3 Kernan, 378, .
Wytham v. Dutton, 3 Modern, 160, .

444

408, 469

500

501

491

Y

Yates v. Lansing, 9 Johnson, 395,.

501, 527

CORRECTIONS.

PAGE 39, note, line 3 from bottom, for "the result either," read, "either the result." Page 75, line 14 from top, for "The motives for that practice are immaterial,” read, "The motives which may have actuated the State, in this, are immaterial.”

Page 119, note 1, line 3, for "18 East," read, " 10 East."

Page 133, note 1, for "1 Comstock," read, "4 Comstock."

Page 158, note 2, line 6, for “Novell. 162, c. 3,” read, “Novell. 156."

Page 180, line 5 from bottom, after "Warkhouse," insert, "3 Levinz, 336."
Page 211, line 6 from top, for “captived,” read, “baptized.”
Page 211, line 5 from bottom, for "vontre," read, “ventre."
Page 221, note 1, line 1, after "Swedish," insert, "or Danish."
Page 228, line 5 from bottom of the text, for "further," read,
Page 230, line 19 from top, for "1559," read, "1659."
Page 265, note 1, line 3, for "restructed," read, "restricted."

"fuller."

Page 285, note 1, for "1 Zabriskie's R., 368, 378," read, "1 Spencer, 368, and State

v. Post, 1 Zabriskie, 699."

Page 329, line 13 from top, for "laws. No laws," read, "laws, no laws."
Page 344, line 7 from top, for "Code Noir," read, "Edict of Louis XV."

Page 349, line 12 from top, insert “the,” before "question."

Page 362, for the numbers of the notes, "3, 4," read, “1, 2."

Page 369, in the note, dele 59, after R.

Page 377, line 18 from top, for “primitive,” read, “punitive."
Page 381, note 2, line 12, for "casa," read, "casu."
Page 382, note 2, line 5, for "aportet," read, "oportet."
Page 447, line 9 from bottom, for "nature," read, name.
Page 486, note 1, line 2, for "1 Peters," read, "7 Peters."
Page 493, note 1, line 5, for "Tuff," read, "Tutt."

66

Pages 494, 495, for "CONCURRENT," in the running title, read, CONTESTED."
Page 495, note 3, for "92, 313; 5 of same, 301, 330," read, “92-103, 301–330."
Page 496, line 1, for "two," read, "four."

Page 501, note 1, line 9, after "Fitzpatrick," insert, "3 Caines, 36, and Foot v. Ste

vens."

Page 505, last line in note, for "See note," read, "(2) See note 1."

Page 520, line 18 of note, for "Bramfield," read, "Brownfield.”

THE LAW

OF

FREEDOM AND BONDAGE.

CHAPTER L

LAW DEFINED AND DIVIDED ITS OBJECT, ORIGIN, EFFECT,
AND EXTENT.

1. The word law has, in common use, two leading significations; one, which is generally considered the primary sense -that of a rule of action, prescribed by a superior to an inferior; in the idea of which the possibility of action contrary to the rule is implied: the other-a meaning sometimes considered secondary to that first given, by a metaphorical use of the word that of a mode of existence, or of action, excluding the idea of the possibility of action contrary to that mode ;-a relation necessary in the nature of the thing existing or acting: whether the co-existence of a superior author or cause of that relation be supposed or not.1

§ 2. Every being, existing under conditions over which it has no control, is subject to law in the secondary sense ;-therefore, called the law of its nature. The nature of man, or the conditions of his existence, are to him a law in this sense-the law of nature; and, being by this law capable of choice and action, he may also be subject to law in the primary sense.❜

1 Brande's Dict., Law. Blackst. Com., Introd., sec. 2, note by Christian. Austin: Province of Jurisp., pp. 19, 130, 184. Montesq.: Spirit of L., ch. i.; and De Tracy's Comment. Reddie's Inquiries Elementary &c., pp. 4, 16, 17.

The primary and secondary meanings of the term law must not be confounded