The Law of Freedom and Bondage in the United States

Front Cover
Applewood Books, 2009 - History - 668 pages
 

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Contents

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 20 Use of the term law of nations 11 12 13 14 15 15 17 Object of the laic 21 Of the distinction between p...
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
2S 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
SEC PAGE 43 Of the condition of freedom and its contraries
39
Use of the term slavery
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
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
59
The international law how distinguishable from internal law
60
Difference in the power of any one state to determine one or
61
Consequence of the recognition of the rural character of the laws
68
Storys version of Hubers third maxim
74
Laws of different origin and dissimilar in effect
80
Universal jurisprudence derived a postericni becomes applied
87
Universal jurisprudence developed by the application of interna
93
SEC PAGE
95
Laws of personal condition or status may receive international
100
The recognition of chattel slavery under comity limited by universal
107
SEC PAGE
110
Circumstances determining the extent of laws of condition in
114
Of the extent of English law in countries acquired by the British
116
Of the force of legislative declarations by the local governments
123
The entire body of common law was not as a personal law trans
126
The common law of England had the character of a national
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
SEC PAGE
148
Analysis of jus privatum according to its supposed origin recog
151
The same doctrine recognized in the jurisprudence of all the
154
Of difference of religious creed as the foundation of chattel slavery _v
163
SEC PAGE
166
Why the common law of every state must exhibit its own recep
173
Case of Butts v Pennyf
179
Cases of Smith v Brown and Cooper and of Smith v Gould Holts
185
SEC PAGE
192
The law applicable to the original inhabitants how derived
199
Of such principles supporting the introduction of negro slaves
205
The condition of slavery an effect of the local law of a colony
212
Origin of the servitude of white persons for terms of years
218
CHAPTER VI
222
218 Legislation ofVirginia 228
228
Of the origin of the law to be ascertained either in legislation
250
The customary law of Prance 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
The doctrine of universal jurisprudence anteriorly applied to
356
Nor by English common law nor the international rule of transit
362
SEC PAGE
364
Effect of former international recognitions of slavery
367
Nor sustained by the law having a national and personal extent
372
Application of the foregoing to Lord Mansfields reasons for
373
The previous practice of holding negroes in bondage there
379
SBC PAGE
382
the place of domicil
383
The owners property was not jwsiinternationally guaranteed
389
OF THE INVESTITURE IN THE PEOPLE OF TITE SEVEEAL STATES AND
394
Change in the location of sovereign power which occurred in
400
SEC PAGE
401
Ofilie exercise of judicial power by the national Government
402
The same integral nationality was manifested in the Revolution
406
SEO PASE
409
CHAPTER XII
415
SBC PAGE
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
Inconsistencies in that opinion 191
436
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
443
National municipal law of the United States includes international
445
Powers of the States in respect to naturalization of domestic aliens
451
Domestic international law subdivided
456
Effect of a universal attribution of any rights in the Constitution MI
462
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
The Congress declaring it had no powers in respect to personal
521
Supposed sanction for legislation reducing free blacks to slavery
527
SEC PAGE 497 Mr Justice Campbells opinion
535
Mr Justice Catrons opinion
539
Views taken by Justices McLean and Curtis
541
Mr Justice McLeans opinio
542
Mr Justice Curtis opinion
548
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 ywaninternational 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
SEC PAGE
573
No such effect has been judicially ascribed to such national decla
579
Of Lord Stowell and Judge Story as cited by Senator Benjamin
586
The idea that the national Government may remain neutral in
592
Sovereignty how distributed between the national Government
601

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