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

Front Cover
Little, Brown, 1858 - Law

From inside the book

Contents

Justification of the recognition of a universal jurisprudence notwith
28
General or universal jurisprudence defined
29
Of the exercise of judicial power by the national Government
32
International law divided into two portions
36
How laws of universal personal extent may be judicially discrim
40
9995
44
Object of the
48
The exposition of law is always historical
52
Where the functions of sovereignty are divided the judicial is
55
The extent of laws manifested in the application of international
58
Under which class of relations are those of which status or condition
63
These maxims are law in the secondary sense
64
Necessary identity and coëxistence of these maxims
68
Though disallowed slavery is not supposed to be contrary to justice
71
The recognition of anterior subjection to a foreign law
74
Judicial comity is in fact customary law
80
33
84
Laws of different origin but similar in effect
86
Laws of universal personal extent discriminated by judicial action
92
Though disallowed in the forum its incidental effects in the foreign
101
4555
102
Of legislation as limiting the judicial application of elementary prin
103
Personality or legal capacity a necessary topic of private interna
109
Conditions supported by universal jurisprudence become conditions
113
CHAPTER III
114
Of the force of legislative declarations by the local governments
123
The entire body of common law was not as a personal law trans
126
Of English common law as limiting the legislative power of
131
The relation of master and servant under the law so transferred
142
57
144
Of the attribution of chattel slavery to jus gentium by the Roman
145
Of the Roman law as an exposition of universal jurisprudence
148
In Roman law slavery was the chattel condition of a natural person
153
remains
160
196
161
130
162
Of the distinction between persons and things
163
Analogy probably found in the effect of Christianity upon the ear
168
427
173
Inference that property in negro slaves was recognized by the
177
The term servants in intercolonial agreements probably included
179
Case of Gelly v Cleve
183
Attempted statement of the legal distinction in these cases
189
The liberties of the colonists ascribed to positive law not to natu
194
Term colonists in the charters how to be understood
207
National law affecting the subject distinguished from local law
214
Probable international practice with reference to white servants
218
Connecticut
228
Of a distributed possession of the sovereign powers of a state
233
443
243
219
247
220
254
Of the case of Somerset as a precedent of international law
255
Authorities on the law of France
261
221
265
Vattels statement of the strangers right of transit
267
223
273
Duty of judicial tribunals compared with that of the state
275
225
282
CHAPTER IX
355
Chattel slavery of infidels and heathens supported by universal
362
For all private persons its decisions are the supreme criterion
366
Nor sustained by the law having a national and personal extent
372
In the fifteenth century the holding of heathen negroes as slaves
376
In their local sovereignty the States are towards each other like
383
Bondage of indentured white servants partially sustained by
389
The law applying to such persons is properly described as interna
396
SEC PAGE
409
CHAPTER XII
415
Liberty as secured by the Constitution is definable only by refer
420
Of the manner in which personal condition may depend on public
421
Relations consist of rights and obligations
423
Distribution of power to modify the effects of common law includ
426
Common law in the Territories is a local law
432
Inconsistencies in that opinion
436
CHAPTER XIII
438
The National and the State power each supreme in the application
444
This doctrine supported by judicial decision
450
Change of sovereignty in the Revolution
451
Jurisdiction is to the tribunals matter of duty if of power
457
Effect of a universal attribution of any rights in the Constitution
461
colonies
464
The individual members are known by the then existing laws
471
The facts indicating the possession of sovereignty may be differently
472
Question of a limitation of the residuary power held by the people
478
The Constitution of the United States a part of the national
491
Of the analysis of law which is made in the Institutes
492
Powers of the States in respect to naturalization of domestic aliens
498
Judicial power and ancillary ministerial power how distinguishable
506
225
520
tion
521
Historical proof that slavery rests on local common law
522
Supposed sanction for legislation reducing free blacks to slavery
527
The word people in the constitutions designates only a portion
528
The idea that the national Government may remain neutral in
534
The laws of the several States have no territorial extent beyond
536
Mr Justice McLeans opinion
542
How this people was discriminated at the time of the Revolution
546
Judicial opinions on this point in Dred Scott v Sandford
558
Political existence of the people of the several States
563
quasiinternational effect
568
Change in the location of sovereign power which occurred in
570
523
574
International law in the Territories regarded as jurisdictions having
575
Origin of
579
Of the territorial limits of the States
582
The political people of the States identified with the people of
586
Universal jurisprudence derived a posteriori becomes applied
599
160
600
Political liberty in the States regarded as a private right depends
601
The Congress declaring it had no powers in respect to personal
602
The people distinguished by their action in the Revolution
603
Reasons for not first distinguishing those laws as either national
604
11
606
85
607
No such effect has been judicially ascribed to such national decla
610
Sovereignty how distributed between the national Government
615
Modern universal jurisprudence supporting chattel slavery has
616

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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...

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