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

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Little, Brown, 1858 - Conflict of laws
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Contents

Insufficiency of Blackstones definition of municipal law
15
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
11
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
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
Of the condition of freedom and its contraries 39 44 Of legal persons and chattel slaves 39 45 Of bondage of legal persons
42
Of native alien and domiciled subjects
48
CHAPTER XV
53
Private persons are distinguished by axiomatic principles of universal
54
Necessary identity and coexistence of these maxims 59 69 The international law how distinguishable from internal law
60
The tribunal must ascertain the will of the state in the case
66
How later jurists have followed Huber
73
Judicial measure of the allowance of foreign laws under what is call
79
XXXU CONTENTS
81
Universal jurisprudence cognizable from the history of the
85
SEC PAQE
89
How laws of universal personal extent may be judicially discrim
95
Personality or legal capacity a necessary topic of private interna
101
The recognition of chattel slavery under comity limited by universal
107
Though disallowed slavery is not supposed to be contrary to justice
110
Of the extent of English law in countries acquired by the British
116
May still not be recognized though a bondage exists under the local
118
Of the force of legislative declarations by the local governments
123
Of the exercise of judicial power oy the national Government
125
The entire body of common law was not as a personal law trans
126
Of freedom or liberty as the result of positive law both public
129
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
The Romans held slavery arising from captivity to be based
149
How the fact of such change may be known
155
Of difference of religious creed as a foundation of chattel slavery
163
Difficulty of deriving a rule of universal jurisprudence on this
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 Hard wicks decision
186
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
195
Necessity of recurring to principles of universal jurisprudence
201
Term colonists in the charters how to be understood
207
Of the Roman law of manumission
214
Legal incidents of the condition of such persons
220
Of the actual legislation of the colonies
228
BKC PAGE
233
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
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
For all private persons its decisions are the supreme criterion
366
Nor sustained by the law having a national and personal extent
372
182
379
the place of domicil
383
The owners property was not jttminternationally guaranteed
389
CHAPTER XI
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
SEC PAGE
420
Of the manner in which personal condition may depend on public
421
How State sovereignty must yet be independent of judicial power
430
Extent of the judicial power held by the State Governments
437
Connection of private condition with the question of judicial juris
438
National municipal law of the United States includes international
445
Powers of the States in respect to naturalization of domestic aliens
451
XXXV111 CONTENTS
456
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 doctrine belongs to local as well as to national law
488
Where individual rights are in controversy the judicial power of
494
Jurisdiction is to the tribunals matter of duty if of power
501
How judicial action may be discriminated
507
The political people of the States identified with the people of
513
aEC lAOF
514
Customary law referred to in the construction of written consti
520
Supposed sanction for legislation reducing free blacks to slavery
527
SEC r CE 497 Mr Justice Campbells opinion
534
Mr Justice Catrons opinion
539
Views taken by Justices McLean and Curtis
541
Mr Justice McLeans opinion
542
Mr Justice Curtis opinion
546
Doctrines of the equality of the State in respect to the territory of the United States
547
Of the doctrine as a principle of law
554
Of the doctrine as a political principle
555
Comparison of the views of the majority of the court on this point in Dred Scotts case
558
Fallacy in the doctrine that in the Constitution slaves are referred to as property by local law
560
Fallacy in the doctrine that by its operation slaves are property under national law
561
Of the support of the power by its former customary exercise
562
Of the rejection by the Chief Justice in this question of the laws and usages of nations
563
Necessity of a customary standard of property
564
The customary standard must be identified with the national juris prudence
565
The standard is found in the customary law of all civilized nations
566
Or in the universal jurisprudence of all juridical nations
567
Which was part of the American law having national extent and uatinternational effect
568
Distinction of a universal jurisprudence peculiar to the United States
569
That slavery rests on national common law is implied in Chief Justice Taneys opinion
570
Senator Benjamins assertion of the doctrine in the Kansas debate
571
ItC FAQI
573
The failure to recognize natural reason in the historical law
579
Of Lord Stowcll and Judge Story as cited by Senator Benjamin
586
The idea that the national Government may remain neutral in
592
186
610

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Page 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.
Page 406 - 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.
Page 524 - 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.
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 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 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 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.
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 - 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.
Page 548 - 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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