The Law of Freedom and Bondage in the United States, Volume 2 (Google eBook)

Front Cover
Little, Brown, 1862 - Conflict of laws
0 Reviews
  

What people are saying - Write a review

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

Related books

Contents

CHAPTER XIX
154
572
186
578
211
SEC PAOB
219
Of provisions in the Constitution creating an exception
225
The international law of the United States distinguished as
231
SEC PAGE
234
A more condensed statement of the rule of interpretation
242
Of distinguishing the conclusiveness of a judgment as evidence
248
SEC TAGE
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 remark 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 ascribable 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
SEC PAOK
343
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 afforded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
sac PAGE 700 Authorities on the general interpretation of the terms
392
Standard of interpretation stated 898
395
Argument from the language of the Article of Confederation 898
399
Application of this conclusion
400
70S 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 40J 720 Authorities on the interpretation of escaping
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
414
Of the interpretation of State in this clause
415
Not affected by the Ordinance of 1787
419
CHAPTER XXVI
421
no paok 729 Of the authority found in the actual legislation of Congress
424
Opinion of Taney Ch J in Kentucky v Dennison on the quality of the action of the Governor
427
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
Opinion of Judge Nelson in Jack v Martin
446
Opinions of Senator Bishop and Chancellor Walworth in that case
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
SBC PAGE 752 The next portion affirming the constitutionality of the Act of 1798
472
Residue of the Opinion inclining to the second construction
474
Discrimination of the construction adopted by Judge Story
480
Opinion of Judge Wayne inclining to the second construction
481
Opinion of Chief Justice Taney supporting the fourth construction
483
Opinion of Judge Thompson inclining to the third construction
484
Opinion of Judge McLean inclining to the second construction
485
Opinion of Judge Daniel inclining to the fourth construction
488
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
518
A portion of Judge Smiths second Opinion in that case support ing the first construction
520
Booth and Rycraft released by the State court after judgment and sentence in the District court
521
The Opinions of Judges Swan and Peck in the cases of Bushnell and Langston
523
SEC PAOC 801 The doctrine has never been urged in case of criminals
551
The case of Commonwealth v Griffith
552
The case of Jack v Martin
554
Dissenting Opinion of McLean J in that case
556
The case of Richardson
560
The case of Norris v Newton
561
Opinion of Smith J in Booths case
562
Opinions in cases of Bushnell and Langston
568
Argument by interpretation of shall not be discharged and delivered up on claim 509
570
Argument from the similar provision in the Articles of Compact of the New England colonies
571
Of defects in Judge Storys argument
573
Argument that only a delivery on claim mado before public author ity was intended
574
Of other defects in Judge Storys argument
578
Theory of Taney Ch J in Kentucky v Dennison
580
Consequences of this theory
581
Inconsistency of this theory with other received doctrine
582
Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction
584
Bearing of the legislation of Congress respecting fugitives from labor
585
Of the absence of judicial opinion supporting this view
591
CHAPTER XXVIII
598
Of the persons affected by these Acts
604
aec PAGE
608
Argument from the extradition of fugitives from other countries
614
Argument from settlement of claims under treaty
621
Of penalties under the Act
627
SKC 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
Bearing of these authorities distinguished in respect to the quality and the source of the power exercised 037
633
Argument from Judge Storys language
639
Argument from Chief Justice Taneys language
640
Argument from Judge McLeans language
642
Question as to the use of the term State magistrates in these instances
643
Ordinary magistrates could not represent the State politically
644
Bearing of the question of construction on this inquiry
646
An objection from the limited extent of State power
648
An objection from the statutory character of the proceeding
649
The Opinions in Priggs case are conformed to this view
650
The authorities support the action of State magistrates as exercise of concurrent judicial power
652
Opinion of Judge Shaw in Simscase
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 603
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
The common law of England if a continuing measure of privilege
676
Defect in the argument from decisions under the older Act
681
Argument from the basis of legislation
688
?14 Finality of the act in respect to the forum of jurisdiction
696
SBC PAGE 919 Observations on the comparative force of the cases under these Acts
698
Bearing of the decisions justifying seizure and removal
699
Language of Tilghman Ch J in Wright v Deacon
700
Bearing of the Opinions in Jack v Martin
701
Decision of Judge Thompson in Martins case
703
Bearing of Priggs case
705
Language of Judge Shaw in Sims case
706
Opinion of Judge Smith in Booths case
708
Opinion of Judge Whiton in the same case
712
Remarks of Judge Crawford on the same case
715
Opinions in cases of Bushnell and Langston
716
Opinions of Commissioners Curtis and Loring
719
Opinion by Mr B R Curtis
720
The arguments discriminated
723
Of the argument in the parallel with the delivery of fugitives from justice
724
Of the argument that slaves are not parties to the Constitution
726
Of the argument from the character of the act of judgment and the argument from necessity
728
Meaning of the word suit
729
Meaning of suits at common law
734
Argument from the former customary law
735
Of the value in controversy
737
Meaning of the term deprived of liberty
738
Conclusion that the guarantee of jurytrial has been infringed
740
Of the demand for the possecomitatus
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
no 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
Of the law applying to foreign aliens
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 948 Of another objection to such testimony 740
793
Question as to the validity of the action of Governors of States
794
744
795

Common terms and phrases

Popular passages

Page 239 - 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.
Page 116 - 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.
Page 192 - The inhabitants of the territories which his catholic majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the federal constitution, and admitted to the enjoyment of all the privileges, rights and immunities of the citizens of the United States.
Page 740 - Constitution denominated in the third article 'law'; not merely suits which the common law recognized among its old and settled proceedings but suits in which legal rights were to be ascertained and determined in contradistinction to those where equitable rights alone were recognized and equitable remedies were administered, or where, as in the admiralty, a mixture of public law and of maritime law and equity was often found in the same suit.
Page 306 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 200 - That Congress doth consent that the territory, properly included within, and rightfully belonging to the Republic of Texas, may be erected into a new State, to be called the " State of Texas," with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
Page 249 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 20 - The right of property is before and higher than any Constitutional sanction; and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever.
Page 348 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments...
Page 210 - That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness.

References from web pages

JSTOR: The Law of Freedom and Bondage in the United States
In the third and practical part of the work the law of freedom and bondage in the United States is considered both with reference to the public law of the ...
links.jstor.org/ sici?sici=1558-3813(186207)10%3A9%3C573%3ATLOFAB%3E2.0.CO%3B2-S

Blackwell Publishing Ltd Oxford, UK LSI Law & Social Inquiry 0897 ...
... John Codman Hurd, The Law of Freedom and Bondage in the United States (Boston: Little, Brown & Co., 1858, 1862); Jacob Wheeler, A Practical Treatise on ...
www.blackwell-synergy.com/ doi/ xml/ 10.1111/ j.1747-4469.1982.tb00459.x

Connecticut's Heritage Gateway
John Codman Hurd, The Law of Freedom and Bondage in the United States (Boston: Little, Brown, 1862)I:267-72 and II:41-48, summarizes and elaborates briefly ...
www.ctheritage.org/ biography/ topical_slavery/ general.htm

Slavery Bibliography at the cw Post Library
All resources are from the personal collection of Melvin R. Sylvester and the cw Post Library Collection as compiled by Melvin Sylvester and Robert Delaney ...
www.liu.edu/ cwis/ cwp/ library/ aaslvbib.htm

Bibliographic information