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

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Little, Brown, 1862

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Inhalt

550
48
Observations on the comparative force of the cases under these Acts
60
552
61
553
67
554
74
555
81
556
89
557
95
558
101
Authorities on the quality and source of the powers exercised by the Governors
113
Legislation of the State of Ohio
123
66
127
561
132
563
141
565
150
66
165
569
174
572
186
575
195
578
211
580
218
How far the distinction between persons and things in interna
220
SEO PAGE
225
Of the possibly direct operation on private persons of such pro
226
sec PAGE
234
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
SEC PAGE
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized
264
CHAPTER XXIII
270
The personal extent of the term and the degree of privilege indi
277
Opinion of Taney Ch J in Dred Scotts case
280
Opinion of Daniel J concurring
298
Opinion of McLean J dissenting
300
Storys commentary on this clause
314
Storys commentary on the same word in the third Article
315
Kents commentary on this clause
317
Kents remarks on negro citizenship
318
Order of inquiry in determining the personal extent of the term citizen
319
Reason for recurring in this inquiry to the general practice of na tions
321
When citizen would be distinguished from subject in inter national compacts
322
Of the force of personal distinctions ribable to universal juris prudence
325
The anterior action of the constituent parties is here to be re garded
328
Of distinction of persons in respect to capacity for citizenship du ring the colonial period
329
Conclusion that interpretation limits the term to whites
330
Of the Articles of Confederation as an index of that intention
331
Importance in arguing from legislation of remembering the dou ble meaning of the term citizen
334
Argument from the use of the word in other clauses of the Con stitution
336
Weakness of any argument from intention
338
Of the capacity of persons who are neither of negro or of the Cau casian race
339
The personal extent of the term citizen is not determinable by the State police power
340
Of the meaning of the word State in this clause
341
SEO PAGE
342
Of decisions against rights claimed to be supported by this pro
349
Of three different grounds on which the claim of slaveownership
357
Opinion of Bartley Ch J in Anderson v Poindexter
366
The existing right of the owner is not property by international
370
CHAPTER XXV
377
Quality of the authority affrded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
SEC PAGE 760 Authorities on the general interpretation of the terms
392
Standard of interpretation stated
393
Of strict interpretation in favor of liberty
394
Another reason for strict interpretation
395
Argument from the language of the Article of Confederation
398
Punitory laws protecting slavery are to be recognized in this in terpretation
399
Application of this conclusion
400
Deduction of general rule impossible here by the exclusion of the judicial function
401
Interpretation of the word State in this clause
402
Question of interpretation stated
403
General nature of the service which may be recognized
404
Whether servitude of adults under indentures is included
405
That service of the slaves of the slaveholding States is included
406
Of the discrimination of races in view of capacity for this service
407
Irrelevancy of ethical considerations
409
Argument on the interpretation of that word
411
Of a case on the navigable river Ohio
412
Case of slaves who have infringed the penal law of the forum 114
415
Not affected by the Ordinance of 1787
419
CHAPTER XXVI
421
Of the inference from the action of Governors of the States in sur rendering fugitives from justice
425
Opinion of Taney Ch J in Kentucky v Dennison on the quality of the action of the Governor
427
Opinion of the Chief Justice in the same case on the source of the power exercised by the Governor
431
Kents doctrine that the matter belongs to the judicial function
434
Reason for here considering these authorities
436
Importance of distinguishing the cases in view of seizures made for two different purposes
437
The case of Glen v Hodges
438
The case of Hill v Low
439
The case of Commonwealth v Griffith
440
The case of Johnson v Tompkins
441
The case of Commonwealth v Griffith
446
Opinion of Judge Nelson in Jack v Martin 416
450
The case of Helmsley
453
The case of Peter alias Lewis Martin
455
Of the various questions which arose in the case of Prigg v Penn sylvania
456
First portion of the Opinion of Judge Story in Priggs case inclin ing to the fourth construction
457
The next portion of that Opinion inclining to the second or the third construction
465
The next portion supporting the third construction
467
The next portion confirming this view
469
Opinion of Judge Baldwin supporting the fourth construction
490
Classification of the Opinions of the several Justices on this ques tion
491
The case of Jones v Van Zandt
492
The case of Kauffman v Oliver
494
The cases of The State v Hoppess and Driskill v Parrish
496
The case of Sims
501
Of the Opinions in the case of Ableman v Booth
502
A portion of Judge Smiths first Opinion in that case supporting the first construction
504
A portion of the same Opinion denying the doctrines of Judge Story in Priggs case
513
A portion of Judge Smiths second Opinion in that case support ing the first construction
520
Booth remanded by the State court while the action was pending in the District court
521
The Opinions of Judges Swan and Peck in the cases of Bushnell and Langston
523
The Opinion of Judge Brinkerhoff in the same case
525
The Opinion of Judge Sutliff in the same case
527
The case of the United States v Buck
529
Story in Priggs case generally followed but his view often mis understood
530
SEC PAGE
531
The power cannot be derived by implication
537
Argument from the general character of the Constitution 512
543
Argument from the preexisting law relating to fugitives from
549
The case of Belt
552
SEO PAGE
585
Of the absence of judicial opinion supporting this view
591
CHAPTER XXVIII
598
Of the persons affected by these Acts
604
Dennison
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston
630
The case of Wright v Deacon
631
Judge Storys language in Priggs case
632
Opinions of Taney Ch J and Judge McLean
635
Language of Judge Shaw in Sims case and Judge Marvin in Allens case
636
Bearing of these authorities distinguished in respect to the quality and the source of the power exercised
637
Argument from Judge Storys language
639
610
642
Question as to the use of the term State magistrates in these instances
643
Ordinary magistrates could not represent the State politically 614
644
Bearing of the question of construction on this inquiry
646
The magistrates in these cases exercised State judicial power 616
648
An objection from the statutory character of the proceeding 619
650
The authorities support the action of State magistrates as exercise of concurrent judicial power
652
Opinion of Judge Shaw in Sims case
653
Decision of Judge Sprague in the same case
659
Citation of Opinions by Judge Sprague in Scotts case
660
Judge Spragues language in this case on this question
662
Judge Concklings decisions in Davis case
663
Decisions by Judges Marvin Conckling and Gridley
665
Opinion of Judge Smith in Booths case
667
Opinion of Chief Justice Whiton in Booths case
670
Opinion of Judge Crawford in Booths case
672
Decision of the Supreme Court of the U S in Booths case
673
Opinions in cases of Bushnell and Langston
674
Place of decisions by the U S Commissioners
675
Opinion of Mr G T Curtis in Sims case
676
Opinion of Mr E G Loring in Burns case
677
Opinion of Mr AttyGen Crittenden
678
Defect in the argument from decisions under the older Act
681
Mistake in arguing from the character of the act of judgment
683
Objections to the argument from necessity
685
The true bearing of the judicial authority
686
Argument from the basis of legislation
688
Character of the act of judgment examined
691
Of the force of the certificate given
693
Finality of the act in respect to the forum of jurisdiction
695
Argument from the effect of the certificate in pleading
696
Conclusion that the power exercised is the judicial power of the United States
697
CHAPTER XXX
698
Language of Judge McLean in McQuerrys case 927 Opinion of Judge Smith in Booths case 928 Opinion of Judge Whiton in the same case 929 Rem...
699
706
706
719
719
Examination of the arguments adoanced by the authorities cited 934 The arguments discriminated 935 Of the argument in the parallel with the delive...
723
Of the argument that slaves are not parties to the Constitution 938 Of the argument from the character of the act of judgment and the argument from ...
724
724
726
Meaning of the word suit 940 Meaning of suits at common law 941 That the claim under the provision is a suit at common law 942 Argument from t...
729
734
735
SEC PAGE
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
Of the claim in cases of temporary visit
768
SEC PAGE 967 The claim is dependent on the legislative power of the State
772
General doctrine of the cases previous to Dred Scott v Emerson
773
Opinions in Dred Scott v Emerson
774
Chief Justice Taneys Opinion in Dred Scott v Sandford
775
Opinions of Nelson and Grier JJ in the same case
778
Opinion of Daniel J in the same case
780
Opinion of Campbell J in the same case
781
Opinion of McLean J in the same case
782
Of the decision of a State court as the exponent of State law in the national court
784
Of other possible questions under this branch of the domestic in ternational law
785
CHAPTER XXXII
786
Of the extent of the powers of the national Government over the external relations of the United States
787
Status of foreign aliens otherwise determined by law of the States
788
Of the slavetrade as crime
789
Of questions arising between the United States and foreign coun tries under general international law
790
Of the arrest without warrant 947 Of an objection to the testimony allowed by the Act
793
Question as to the validity of the action of Governors of States
794
6
798

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Seite 242 - States. 2 A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.
Seite 205 - Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States...
Seite 116 - September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States...
Seite 119 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Seite 265 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Seite 264 - And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice.
Seite 264 - I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.
Seite 184 - Measures, is hereby declared inoperative and void : it being the true intent and meaning of this act, not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States...
Seite 118 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Seite 55 - The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all.

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