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

John Codman Hurd

Little, Brown, 1862

Բովանդակություն

• CHAPTER XVII: 1
• Review of the authorities on the construction of the provision relating to fugitives from justice: 3
• 66: 9
• 543: 19
• 545: 28
• 546: 34
• 549: 41
• SEC PAGE 635 Of the exclusion laws of various States as authority that they are not citizens 279: 46
• 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
• SEC PAGE 752 The next portion affirming the constitutionality of the Act of 1793: 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: 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

Սիրված հատվածներ

Էջ 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.‎

Էջ 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...‎

Էջ 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...‎

Էջ 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.‎

Էջ 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.‎

Էջ 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.‎

Էջ 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.‎

Էջ 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...‎

Էջ 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.‎

Էջ 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.‎

Բիբլիոգրաֆիական տվյալներ

• Վերնագիր: The Law of Freedom and Bondage in the United States, Հատոր 2; The Law of Freedom and Bondage in the United States, John Codman Hurd
• Հեղինակ: John Codman Hurd
• Հրատարակիչ: Little, Brown, 1862
• Original from: Նյու Յորքի Հանրային գրադարան
• Digitized: 31 Մարտ 2006