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

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Little, Brown, 1858

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Insufficiency of Blackstones definition of municipal law
12
Who may ascertain the law of nature for the state
13
Positive law and jurisprudence defined
14
Comprehensiveness of the term jurisprudence
15
Use of the term law of nations
17
Of the distinction between persons and things
18
Relations consist of rights and obligations
19
Rights of persons and rights of things distinguished
20
Public and private law distinguished
21
Law applies to territory and to persons
22
National and international law are thus differently applied
23
Origin of law 28 Natural reason acknowledged in positive law
24
Of the authority of judicial precedents
25
Of customary law
26
Other proof from Vattel of the inapplicability of the rule
27
Of the authority of private jurists
28
Of the authority of universal jurisprudence
29
Unwritten or customary law a part of positive law
30
In what manner international law is derived
32
In what manner international law operates
34
The law of nature may be variously received
35
Of individual and relative rights
36
Of liberty as an effect of law
37
The legal and the ethical idea and objective and subjective apprehen sion of liberty 38
38
The first portion described a law in the secondary sense
49
The law has different extent to different persons
55
Under which class of relations are those of which status or condition
63
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
Laws of different origin but similar in effect
86
Laws of universal personal extent discriminated by judicial action
92
Judicial allowance of effects ascribed to universal jurisprudence
96
Though disallowed in the forum its incidental effects in the foreign
101
How laws of universal personal extent may be judicially discrim
102
Laws of personal condition or status may receive international
108
CHAPTER III
114
On a change of sovereigns the territorial law of a country con
123
The question might be differently answered at different times dur
125
The entire body of common law was not as a personal law trans
126
Of the common law having personal extent as a political guaran
130
The right of property under this personal law existed only in refer
138
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
142
Of the attribution of chattel slavery to jus gentium by the Roman
145
Illustration of the meaning of constitutio juris gentium in the
152
By this modification slavery was no longer attributable to univer
161
351
163
Why the common law of every state must exhibit its own recep
169
English statutes recognizing the lawfulness of commerce in negro
176
Case of Chambers v Warkhouse
182
Inferences from the decisions that trover would not lie for a negro
188
The territorial and personal extent of laws of condition depends
192
Necessity of recurring to principles of universal jurisprudence
198
National law affecting the subject distinguished from local law
214
Condition of the free Indian or emancipated negro was an effect
215
Origin of the servitude of white persons for terms of years
226
97
231
Public and private character of the law determining the condition
239
443
243
133
244
Of the case of Somerset as a precedent of international law
255
Conditions not so supported may still be sustained by what is called
333
Of the territory occupied by the original thirteen States
347
Franchises enjoyed by persons of African or Indian race were
348
Slavery recognized under the rule only when maintained by uni
353
Universal jurisprudence known in the practice of nations might
360
Chattel slavery of infidels and heathens supported by universal
362
Supremacy of the national judiciary in determining the law con
365
The recognition of chattel slavery under comity limited by universal
368
Nor sustained by the law having a national and personal extent
372
355
376
Of an integral possession of sovereign power by states or nations
377
xl
382
In their local sovereignty the States are towards each other like
383
323
388
A portion of this law may be contained in the Constitution of
389
CHAPTER XI
394
The law applying to such persons is properly described as interna
396
Change in the location of sovereign power which occurred in
400
The criterion of property is to be taken from these writers
406
Liberty as secured by the Constitution is definable only by refer
420
How State sovereignty must yet be independent of judicial power
430
Inconsistencies in that opinion
436
Where the functions of sovereignty are divided the judicial is
437
CHAPTER XIII
438
Presumption that the national law is also applicable by State tri
443
384
444
Where individual rights are in controversy the judicial power of
449
The slavetrade not then contrary to the law of nations in
451
The jurisdiction can be exercised only by courts of ordinary
456
48
469
SEC PAGE
474
The Territories of the United States are under the jurisdiction
487
Powers of the States in respect to naturalization of domestic aliens
488
The determination of personal condition is not included under
494
First distinction of those laws as either internal or international
498
Of the doctrine as a political principle
503
The doctrine of property in slaves as set forth in Chief Justice
509
Presumption that the existing State Governments are republican
515
483
521
Ambiguous use of the term positive law
524
Civil and political liberty liberty by public and by private law
526
Supposed sanction for legislation reducing free blacks to slavery
527
Of Lord Stowell and Judge Story as cited by Senator Benjamin
530
Question of concurrent judicial power distinct from that of concur
531
Mr Justice Daniels opinion
533
The laws of the several States have no territorial extent beyond
536
498
539
Of the rights of the master incident to that relation in respect
551
50
563
reign power
567
FARTHER CONSIDERATION OF THE NATURE OF PRIVATE INTERNATIONAL
570
Connection of the subject with axioms already stated
577
Of the territorial limits of the States
582
Inconsistency in denying the legislative power in Congress
586
The idea of civil freedom includes that of a political guarantee
599
160
600
Political liberty in the States regarded as a private right depends
601
Statement of the third maxim
608
Law as opposed to liberty is under the Constitution a rule already
609
392
613
57
616

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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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