514 515 475. Presumption that the existing State Governments are republican, 476. Civil liberty in each of the States may have a constitutional basis, 515 Conditions of the tenure of power by State Governments. 477. Powers of the States are residuary in respect to those held by the 478. Question of a limitation of the residuary power held by the people 479. Constituted governments cannot be possessed of unlimited sove- 480. Distinction of the early State Governments as restricted or not by 481. Of common law restraining a State Government in the absence 482. Customary law referred to in the construction of written consti- 483. Similarity of this inquiry to that of the extent of the power of 484. Continuation of the customary distinction of two systems of per- 516 Of power held by the local Governments to determine personal status. 491. Supposed sanction for legislation reducing free blacks to slavery,. 492. The guarantee of private property as extending to rights in respect Judicial opinions on this point in Dred Scott v. Sandford. 527 541 542 546 Argument that the legislative power is not thus restricted. 510. Of the support of the power by its former customary exercise, 511. Of the rejection by the Chief Justice, in this question, of the laws 512. Necessity of a customary standard of property, 513. The customary standard must be identified with the national juris- 563 564 prudence, 565 514. The standard is found in the customary law of all civilized nations, 566 515. Or in the universal jurisprudence of all juridical nations, Slavery in the United States does not rest on a national common law. 520. That slavery rests on national common law is implied in Chief CONTENTS. 522. Historical proof that slavery rests on local common law, 523. The question of the lawfulness of slavery in the Territories is one Of confusion arising from deficiency of terms. PAGE 573 574 575 525. Use of terms by Justice Holroyd, in an English case, and by Chief 526. The failure to recognize natural reason in the historical law of 579 579 581 584 527. Illustrated by Chief Justice Shaw in Commonwealth v. Aves, 528. Illustrated in an extract from Senator Benjamin's speech, Theories of the power of the national Government in the Territories. 531. The three functions of sovereignty are necessarily combined in the manifestation of juridical power, 532. Conditions of the exercise of executive and judicial power in the 533. Inconsistency in denying the legislative power in Congress, 534. The idea that the national Government may remain neutral in re- Of the further exposition of the local municipal law. INDEX OF CASES. THE REFERENCE IS TO THE PAGE. A Albany Fire Ins. Co. v. Bay, 4 Comstock, 1, Alfred v. Marquis of Fitzjames, 3 Espinasse, 3, Almeida, case of, 12 Niles' Weekly Reg., 115, 213,. American and Ocean Ins. Cos. v. Canter, 1 Peters, 511, Anonymous, 2 Peere Williams, 75, Attorney General v. Stewart, 2 Merivale, 143, B Bank of the United States v. Norton, 3 Marshall's Ky., 422, 430 116 Butler v. Craig, 2 Harris & McHenry, 214, Buckwalter v. the United States, 11 Serg. and Rawle, 193, Butt v. Rachel, 4 Munford, 209, Butts v. Penny, 2 Levinz, 201, and 3 Keble, 785, 497 249 236 179 Carpenter v. Providence Ins. Co., 16 Peters, 495, Carlton, case of, 7 Cowen, 471, Chambers v. Warkhouse, 3 Levinz, 336, Chamberlayne v. Harvey, 1 Ld. Raymond, 147, Carthew, 396, and 5 Chinn v. Respass, 1 Munroe, Ky., 25, Chisholm v. Georgia, 2 Dallas, 419, City of London v. Wood, 12 Modern, 688, Commonwealth v. Alger, 7 Cushing, 53, 13, 140, 519 115, 116, 118, 160 115, 196 490 491 495 180 66 66 497 66 66 495 493 Corporation of New Orleans v. Winter, 1 Wheaton, 91, Coventry v. Woodall, Hobart, 134, 340, 342, 358, 373, 406, 408, 409, 412, 435-437, 440-463, 471, 490, |