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

Comprehensiveness of the term jurisprudence
15
Use of the term law of nations
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
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
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
FAHTIIEB 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
The tribunal must ascertain the will of the state in the case
66
Though disallowed slavery is not supposed to he contrary to justice
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
Justification of the recognition of a universal jurisprudence notwith
92
In having international recognition laws have a personal extent
98
Conditions supported by universal jurisprudence become conditions
104
Action of judicial tribunals distinguished from the autonomic
112
May still not be recognized though a bondage exists under the local
118
Of the common law having personal extent as apolitical guaran
124
Civil and political liberty liberty by public and by private law
130
The relation of master and servant under the law so transferred
137
CONTINUED LOCAL LEGISLATION DETERMINING CONDITIONS OF FREE
142
Of tho Roman law as an exposition of universal jurisprudence
143
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
feEC PAOE 169 Difficulty of deriving a rule of universal jurisprudence on this point from the practice of modern nations
166
How in the law of nations in respect to slaves its reception of uni versal jurisprudence may be known
168
Analogy probably found in the effect of Christianity upon the ear lier slavery of Europeans
170
Why the common law of every state must exhibit its own recep tion of universal jurisprudence
173
Slavery not regarded by a state as contrary to Christianity if sus tained in any part of its dominions
175
English statutes recognizing the lawfulness of commerce in negro slaves
176
The condition of a negro brought to England determined either by universal jurisprudence or local law
177
Of the dictum in English air slaves cannot breathe and a statute of Edward VI
180
Attempted statement of the legal distinction in these cases
189
Lord Mansfields decision in Somersets case
190
Inconsistencies in that opinion
191
The territorial and personal extent of laws of condition depends
192
178
197
The law applicable to the original inhabitants how derived
199
179
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
Of the power of the colonial government oter slavery under the pub
222
SKC PAOE
233
Effect of a conversion to Christianity upon slavecondition how
268
SEC PAGZ
271
180
298
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
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 cfFect of universal jurisprudence when rejected
363
IIC PAOX
364
181
372
182
379
sec rav
382
OF TITK PRIVATE INTERNATIONAL LAW OF TIIE COLONIAL PERIODTHE
383
The owners property was not jmintcrnationally guaranteed
389
Of international law as a part of the internal laws of the United
395
180
401
SEC PAGE
409
CHAPTER XII
415
SEC lA
420
Of the manner in which personal condition may depend on public
421
Supremacy of the national judiciary in determining the law con
428
Decision of Supreme Court that negroes are not citizens as
434
Connection of private condition with the question of judicial juris
438
National municipal law and local municipal law
440
The slavetrade not then contrary to the law of nations in
442
National municipal law of the United States includes international
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
The laws of the several States have no territorial extent beyond
477
Rules of common law origin may have national extent as personal
480
diction
486
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
The State judicial function is here subordinate to the national
503
The exterior application of international law is not within the
509
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 PAGS
523
Supposed sanction for legislation reducing free blacks to slavery
527
Mr Justice Daniels opinion
533
Ambiguous use of the term positive late
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
186
610
191
614

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Page 280 - 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 the
Page 476 - where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general.
Page 480 - 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 290 - To the end that the body of freemen may be preserved of honest and good men: It is ordered that henceforth no man shall be admitted to the freedom of this commonwealth, but such as are members of some of the churches within the limits of this jurisdiction.
Page 622 - in the Constitution itself, that when it confers on Congress the power to make all needful rules and regulations respecting the territory belonging to the United States, the exclusion or the allowance of slavery was excepted ; or if any thing in the history of this provision tends to show
Page 542 - any form of government becomes destructive of those ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles, and organizing its powers
Page 486 - The words ' people of the United States' and ' citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the
Page 120 - such just and equal laws and ordinances, acts, constitutions and officers from time to time as shall be thought most meet and convenient for the general good of the colony;
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 in all governments
Page 508 - Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by

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