The Law of Freedom and Bondage in the United States, Band 2

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Little, Brown, 1858 - 617 Seiten
 

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SEC PAGE 43 Of the condition of freedom and its contraries
39
Of bondage of legal persons
42
Different kinds of slavery distinguished
43
International law divided into two portions
44
The first portion described a law in the secondary sense
45
The second portion described a law in the primary sense
46
The exposition of law is always historical
47
Of native alien and domiciled subjects
48
The law has different extent to different persons
50
Its extent to persons depends on the will of the state
51
CHAPTER II
53
Private persons are distinguished by axiomatic principles of universal jurisprudence
54
Statement of the first two of these maxims
55
A distinction among the relations recognized in international law
56
Statement of the third maxim
58
Necessary identity and coëxistence of these maxims
59
The international law how distinguishable from internal law
60
Difference in the power of any one state to determine one or the other class of international relations
61
Difficulty of finding a rule greater in respect to one class of relations than the other
62
Under which class of relations are those of which status or condition is an incident
63
The recognition of anterior subjection to a foreign law
64
Of rights which may and which may not continue after a change of jurisdiction
65
The tribunal must ascertain the will of the state in the case
66
Consequence of the recognition of the jural character of the laws of other states
68
True reason of the rule called comity
69
Hubers three maxims
70
Judicial comity is in fact customary law
71
How later jurists have followed Huber
73
Storys version of Hubers third maxim
74
Fælix concurring with Story
75
Practical effect of the ordinary doctrine of judicial comity
76
Judicial measure of the allowance of foreign laws under what is call ed comity
79
Laws of different origin and dissimilar in effect
80
The effect of foreign laws limited by laws having universal personal extent
81
Of exceptions to the extent of laws otherwise known as universal in extent
82
Effect of such exception in the allowance of foreign law under what is called comity
83
Laws of universal personal extent discriminated by judicial action
84
Universal jurisprudence cognizable from the history of the law among all or many nations
85
Universal jurisprudence derived a posteriori becomes applied a priori
87
These principles may operate as internal law as well as interna
88
state
90
Universal jurisprudence developed by the application of interna
93
cognition
100
The recognition of chattel slavery under comity limited by universal
107
CHAPTER III
114
On a change of sovereigns the territorial law of a country con
123
131
126
Of the common law having personal extent as a political guaran
130
The liberties of the English colonists rested on common law
136
The relation of master and servant under the law so transferred
142
The Romans held slavery arising from captivity to be based
149
How the fact of such change may be known
155
Chattel slavery of infidels and heathens supported by universal
164
SKC PAGE
166
tained in any part of its dominions
172
Of the dictum in English air slaves cannot breathe and a statute
178
Case of Pearne v Lisle Hardwicks decision
185
Distinction between the personal and territorial extent of
196
Of such principles determining the condition of the aboriginal
202
In what sense the law of nations is said to be part of the law
203
Power of the imperial government to determine the condition
208
National law affecting the subject distinguished from local law
213
Of the Roman law of manumission
214
432
234
36
240
220
254
221
265
Effect of a conversion to Christianity upon slavecondition how
268
138
270
The tribunals of the forum recognize the lawfulness of slavery
317
alien of white race
320
222
325
The law applying to such persons is properly described as interna
326
OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL PERIOD AFFEOTING
328
Authorities on the law of the Netherlands
335
The customary law of France as exhibited in the case of Verdelins
342
The criterion of property is to be taken from these writers
348
CHAPTER IX
355
139
357
Slavery therefore not supported by universal jurisprudence
361
Effect of former international recognitions of slavery
367
Of its extent to cases under certain laws and cases between certain
368
Nor sustained by the law having a national and personal extent
372
Application of the foregoing to Lord Mansfields reasons for
373
Attempt to state the correct doctrine of international law in such
377
Effect of
383
OF THE INVESTITURE IN THE PEOPLE OF TIIE SEVERAL STATES AND
394
Sovereignty before that time had been held by the local govern
400
SEC PAGE
401
The same integral nationality was manifested in the Revolution
406
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
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 191
436
Connection of private condition with the question of judicial juris
438
The slavetrade not then contrary to the law of nations in
443
The National and the State power each supreme in the application
444
National municipal law of the United States includes international
445
392
451
Domestic international law subdivided
456
Of individual and relative rights
457
CHAPTER IV
458
Of limitations on the powers of the Government as securing
462
ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES THE SUBJECT CON
471
State Constitutions like that of the United States are both evi
474
66
478
Distinction of the early State Governments as restricted or not
480
CHAPTER VII
486
The Constitution of the United States a part of the national
491
A principle of universal law supporting the jurisdiction in all cases
496
Judicial power and ancillary ministerial power how distinguishable
506
Sovereignty how distributed between the national Government
511
Of the evidence of the existence of a principle of universal juris
516
The idea of civil freedom includes that of a political guarantee
519
The power of the national Government in the Territories c
520
The Congress declaring it had no powers in respect to personal
521
SEC PAGE
523
Supposed sanction for legislation reducing free blacks to slavery
527
Opinions of Justices Wayne and Grier
533
The laws of the several States have no territorial extent beyond
536
Doctrines of the equality of the States in respect to the territory
547
Means of distinguishing the sources from which the private laro
549
Of the doctrine as a principle of law
554
Of the territorial limits of the States
556
Fallacy in the doctrine that in the Constitution slaves are referred
560
The political people of the States identified with the people of
562
The standard is found in the customary law of all civilized nations
566
Ambiguous use of the term positive law
575
No such effect has been judicially ascribed to such national decla
579
Illustrated in an extract from Senator Benjamins speech
581
The three functions of sovereignty are necessarily combined in
588
38
591
Variance of Judge Campbells theory with the local character
595
Political liberty in the States regarded as a private right depends
601
Proposed exhibition of doctrines of universal jurisprudence affect
612

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Seite 207 - They had for more than a century before been regarded as beings of an inferior order; and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
Seite 390 - 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.
Seite 508 - In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement.
Seite 127 - 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.
Seite 456 - 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...
Seite 128 - 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).
Seite 228 - Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.
Seite 280 - 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...
Seite 498 - Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men ; therefore, utterly without our consent, we could in such sort be at no man's commandment living. 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.
Seite 532 - 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.

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