The Law of Freedom and Bondage in the United States, Volume 1Little, Brown, 1858 - Law |
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Page xxxix
... Justice Taney , 494. Opinions of Justices Wayne and Grier , 495. Views taken by Justices Daniel and Campbell , 496. Mr. Justice Daniel's opinion , • 528 531 531 531 SEC . 497. Mr. Justice Campbell's opinion , 498. Mr. CONTENTS . xxxix.
... Justice Taney , 494. Opinions of Justices Wayne and Grier , 495. Views taken by Justices Daniel and Campbell , 496. Mr. Justice Daniel's opinion , • 528 531 531 531 SEC . 497. Mr. Justice Campbell's opinion , 498. Mr. CONTENTS . xxxix.
Page xl
... Justice McLean's opinion , 501. Mr. Justice Curtis ' opinion , PAGE 534 • 539 541 542 546 Doctrines of the equality of the States in respect to the territory of the United States . 502. Of the doctrine as a principle of law , 503. Of ...
... Justice McLean's opinion , 501. Mr. Justice Curtis ' opinion , PAGE 534 • 539 541 542 546 Doctrines of the equality of the States in respect to the territory of the United States . 502. Of the doctrine as a principle of law , 503. Of ...
Page xli
... Justice Holroyd , in an English case , and by Chief Justice Shaw , • 575 577 • 579 • 579 581 • • 584 526. The failure to recognize natural reason in the historical law of nations , · 527. Illustrated by Chief Justice Shaw in ...
... Justice Holroyd , in an English case , and by Chief Justice Shaw , • 575 577 • 579 • 579 581 • • 584 526. The failure to recognize natural reason in the historical law of nations , · 527. Illustrated by Chief Justice Shaw in ...
Page 2
... justice — the jural char- acter of every rule which is a rule of law ; unless piratical communities and robber feudal barons can be called juridical authority when denying the existence of any law : compare Lieber : Pol . Ethics , vol ...
... justice — the jural char- acter of every rule which is a rule of law ; unless piratical communities and robber feudal barons can be called juridical authority when denying the existence of any law : compare Lieber : Pol . Ethics , vol ...
Page 5
... justice only , ( meaning by law the law of society , and by justice that which is right , ) they are both Law and Justice ; Law , because Justice ; Justice ex- pressed in Law ; " and see the same , §§ 105 , 106 , 107. Lieber : Pol . Eth ...
... justice only , ( meaning by law the law of society , and by justice that which is right , ) they are both Law and Justice ; Law , because Justice ; Justice ex- pressed in Law ; " and see the same , §§ 105 , 106 , 107. Lieber : Pol . Eth ...
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Common terms and phrases
according alien applied attributed authority chapter character chattel slavery Christian cited citizens civil colonies comity common law Congress Constitution court declared derived determined distinction doctrine domicil dominion effect English exercise existence foreign laws held Hist Indians individual Judge judgment judicial recognition judicial tribunals jural juris jurists jus gentium jus naturale justice law of England law of nations law of nature legal persons liberty limits master mulatto municipal internal municipal law municipal national national law natural law natural reason negroes personal law persons and things political positive law positive legislation possessor principles private international law private law private persons public international law public law question recognized reference relations respect rights and obligations Roman Roman law rule of action Savigny sense servants slaves sovereign power sovereignty statute supposed supreme power term territorial therein tion United universal jurisprudence universal personal extent villein villenage
Popular passages
Page 370 - That the said report 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.
Page 430 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
Page 115 - 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 must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
Page 477 - ... there is a difference between property in a slave and other property, and that different rules may be applied to it in expounding the Constitution of the United States. And the laws and usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which Governments may exercise ove'r it, have been dwelt upon in the argument. But in considering the question before us, it must be borne in mind that there is no law...
Page 470 - The purposes for which men enter into society will determine the nature and terms of the social compact; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature, and ends of legislative power will limit the exercise of it.
Page 116 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Page 254 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
Page 496 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Page 466 - And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.
Page 244 - It is also agreed that the commissioners for this confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature...