The law of freedom and bondage in the United States, Volume 1 (Google eBook)

Front Cover
Little, Brown & company, 1858 - Slavery
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Who may ascertain the law of nature for the state 17 Positive law and jurisprudence defined 18 Comprehensiveness of the term jurisprudence 19 Gen...
16
13
17
Object of the law 21 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
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
bc taoe 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
52
FARTHER CONSIDERATION OF THE NATURE OF PRIVATE INTERNATIONAL LAW ITS ORIGIN AND APPLICATION ITS EFFECT UPON ...
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 coexistence 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
61
True reason of the rule called comity
69
Fcelix concurring with Story
75
The effect of foreign laws limited by laws having universal personal
81
Universal jurisprudence derived a posteriory becomes applied
87
Universal jurisprudence developed by the application of interna
93
Laws of personal condition or status may receive international
100
The recognition of chattel slavery under comity limited by universal
107
CONTENTS
71
These principles may operate as internal law as well as interna
88
Action of judicial tribunals distinguished from the autonomic
112
The common law of England accompanied the English colonist
118
Of the common law having personal extent as a political guaran
124
Civil and political liberty liberty by public and by private law
130
SEC PAGE
95
The entire body of common law was not as a personal law trans
126
The right of property under this personal law existed only in refer
133
Of universal jurisprudence affecting personal condition forming
139
Conception of jurisprudence by the civilians as including ethics
145
Analysis of jus privatum according to its supposed origin recog
151
ttii CONTENTS
148
The same doctrine recognized in the jurisprudence of all the
154
Of difference of religious creed as a foundation of chattel slavery
163
Effect of a conversion to Christianity upon slavecondition how
268
MEC PAGE
166
Why the common law of every state must exhibit its own recep
173
Of the dictum in English air slaves cannot breathe and a statute
180
Case of Pearne v Lisle Hardwicks decision
186
182
610
Circumstances determining the extent of laws of condition in
114
SEC PAGE
192
The law applicable to the original inhabitants how derived
199
Of such principles supporting the introduction of negro slaves
205
The condition of slavery an effect of the local law of a colony
212
Extension of the English law of free condition to colonists of other
218
CHAPTER VI
222
Legislation of Virginia
228
CONTENTS
233
Of an international or quasiinternational law arising from such
315
Origin and continuance of law determining the condition of
321
OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL PERIOD AFFECTING
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
XXVU1 CONTENTS
271
Other proof from Vattel of the inapplicability of the rule
350
How far as part of English common law it had sustained slavery
357
But not known as effect of universal jurisprudence when rejected
363
Nor sustained by the law having a national and personal extent
372
SXC PAGE
294
Effect of former international recognitions of slavery
367
Application of the foregoing to Lord Mansfields reasons for
373
The previous practice of holding negroes in bondage there
379
OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL PERIOD
328
OTHER THAN THOSE RESEMBLING SOMERSETS CASE
383
The owners property was not q uoiinternationally guaranteed
389
The slavetrade not then contrary to the law of nations in
442
CHAPTER
1
OF THE INVESTITURE IN THE PEOPLE OF TltE SEVERAL STATES AND
394
Change in the location of sovereign power which occurred in
400
The same integral nationality was manifested in the Revolution
406
SEC PAGE
409
CHAPTER XII
415
Of the manner in which personal condition may depend on public
421
Sovereignty how distributedi between the national Government
601
SEC PAGE
364
Supremacy of the national judiciary in determining the law con
428
Decision of Supreme Court that negroes are not citizens as
434
National municipal law and local municipal law
440
The laws of the several States have no territorial extent beyond
477
National municipal law of the United States includes international
445
Powers of the States in respect to naturalization of domestic aliens
451
SEC PAOK
401
Domestic international law subdivided
456
Of limitations on the powers of the Government as securing
462
The Congress declaring it had no powers in respect to personal
521
No such effect has been judicially ascribed to such national decla
579
XXXT1 CONTENTS
21
SEC PAGE
420
Political liberty as a personal right is not determined by the Con
474
Rules of common law origin may have national extent as personal
480
The distribution of power over status is not the same as during
520
CHAPTER XV
486
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
XXXV111 CONTENTS
456
The State judicial function is here subordinate to the national
503
The exterior application of international law is not within the
509
Political liberty in the States regarded as a private right depends
601
EC PAGE
474
Presumption that the existing State Governments are republican
515
Similarity of this inquiry to that of the extent of the power
521
Supposed sanction for legislation reducing free blacks to slavery
527
CONTENTS
535
Views taken by Justices McLean and Curtis
541
Doctrines of the equality of the State in respect to the territory
547
Of the doctrine as a principle of law
554
Fallacy in the doctrine that in the Constitution slaves are referred
560
The standard is found in the customary law of all civilized nations
566
Property in human beings is not now known by universal juris
612
SEC PAOK
523
Ambiguous use of the term positive law
575
Illustrated in an extract from Senator Benjamins speech
581
The three functions of sovereignty are necessarily combined in
588
Variance of Judge Campbells theory with the local character
595
Albany Fire Ins Co v Bay 4 Comstock 1 133
115
Attorney General v Stewart 2 Merivale 143 116117
143
Bank of Augusta v Earle 13 Peters 519 74
422
Barrett 1 Moores Cases P C 75 110
495
Horton 5 Leigh 615 526
501
Gaither 3 Munroe Ky 57 430
520

Common terms and phrases

Popular passages

Page 472 - 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 520 - 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 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.
Page 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).
Page 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...
Page 514 - 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 246 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 463 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government.
Page 118 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.
Page 259 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...

Bibliographic information