The law of freedom and bondage in the United States, Volume 1

Front Cover
Little, Brown & company, 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
16
Positive law and jurisprudence defined
17
Comprehensiveness of the term jurisprudence
18
General or universal jurisprudence defined
19
Use of the term law of nations Object of the
20
Of the distinction between persons and things 22 Relations consist of rights and obligations 23 Rights of persons and rights of things distinguished 24...
21
Law applies to territory and to persons
26
National and international law are thus differently applied Origin of
27
Natural reason acknowledged in positive law
28
Of legislation and the judicial function
29
Of the authority of judicial precedents
30
Of customary law
31
Of the authority of private jurists
32
Of the authority of foreign laws
33
Of the authority of universal jurisprudence
34
Unwritten or customary law a part of positive
35
In what manner international law is derived
36
In what manner international law operates
37
Universal jurisprudence a part of national and of international law
38
The law of nature may be variously received Effect of
39
Of individual and relative rights
40
Of liberty as an effect of law
41
The legal and the ethical idea and objective and subjective apprehen
42
Of the condition of freedom and its contraries
43
Of legal persons and chattel slaves
44
Of bondage of legal persons 46 Use of the term slavery 47 Different kinds of slavery distinguished Extent of law 48 International law divided into t...
45
The second portion described a law in the primary sense
46
Of the dominion of a state and its national law 46 52 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
Of the universal reception of such maxims in international law 54 63 Statement of the first two of these maxims
55
A distinction among the relations recognized in international law
56
A necessary difference of international cooperation in determining these relations
57
Statement of the third maxim
59
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
SEC PAGE
71
How later jurists have followed Huber
73
Judicial measure of the allowance of foreign laws under what is call
79
Universal jurisprudence cognizable from the history of the
85
These principles may operate as internal law as well as interna
88
SEC PAGE
89
How laws of universal personal extent may be judicially discrim
95
Personality or legal capacity a necessary topic of private interna
101
vil6 The recognition of the bondage of legal persons limited by the uni
107
Action of judicial tribunals distinguished from the autonomic
112
Slavery created by foreign law recognized where liberty is not uni
117
The common law of England accompanied the English colonist
118
Of the common law having personal extent as apolitical guaran
124
sion of liberty
129
Civil and political liberty liberty by public and by private law
130
SEC PAGE
131
The relation of master and servant under the law so transferred
137
Of the Roman law as an exposition of universal jurisprudence
143
SEC PAGE
148
Conception of jurisprudence by the civilians as including ethics
149
The same doctrine recognized in the jurisprudence of all the
154
Of difference of religious creed as a foundation of chattel slavery
163
PAQB
169
Slavery not regarded by a state as contrary to Christianity if sus
175
decision
185
Classification of natural persons in the colonies who were alien
195
Necessity of recurring to principles of universal jurisprudence
201
10
284
38
302
Of an international or quasiinternational law arising from such
315
Origin and continuance of law determining the condition of
321
taken of colonial legislation
324
CHAPTER VIII
328
Authorities on the law of the Netherlands
335
ii
337
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
Supremacy of the national judiciary in determining the law con
365
SEC
382
OTHER THAN THOSE RESEMBLING SOMERSETS CASE
383
The owners property was not yuasiinternationally guaranteed
389
North Carolina
402
South Carolina i
408
SSC PAGE
409
CHAPTER XII
415
SEC PAGE
420
Of the manner in which personal condition may depend on public
421
law
429
Argument that in this connection the term means any free person
435
SEC PAGE
437
The Constitution of the United States a part of the national
441
law
445
Powers of the States in respect to naturalization of domestic aliens
451
SEC PAOB
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
tion of sovereignty
487
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
228
501
How judicial action may be discriminated
507
The individual constituents of the people of the State are desig
513
Presumption that the existing State Governments are republican
515
The distribution of power over status is not the same as during
520
Similarity of this inquiry to that of the extent of the power
521
SEC PAGE
523
Supposed sanction for legislation reducing free blacks to slavery
527
SEC PAQK 497 Mr Justice Campbells opinion
535
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 States 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
That in this case no principle for denying the power was support ed by a majority of the court
559
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 yMasiinternational 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
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
Sovereignty how distributed between the national Government
601

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