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

John Codman Hurd

Little, Brown, 1862 - Conflict of laws

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Title Page

Table of Contents

Index

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS	1

Review of the authorities on the construction of the provision relating to fugitives from justice	3

66	19

545	28

546	34

549	41

550	48

552	61

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

553	67

554	74

555	81

556	89

557	95

558	101

Indiana	110

Authorities on the quality and source of the powers exercised by the Governors	113

561	132

563	141

565	150

567	166

570	177

572	186

575	195

578	211

The doctrine has never been urged in case of criminals	217

580	218

SEC PAGE	219

Of judicial authority supporting this view	222

Of provisions in the Constitution creating an exception	225

The argument against legislation on this matter from the special	228

Of the question as to the construction of these portions	235

The standard of interpretation found in the enunciation of antece	241

CHAPTER XXVIII	244

Of distinguishing the conclusiveness of a judgment as evidence	248

SEO PAGE	251

The existing right of the owner is not property by international	253

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

SEC PAGE	279

Opinion of Daniel J concurring	298

Storys commentary on this clause	314

Reason for recurring in this inquiry to the general practice of	321

The anterior action of the constituent parties is here to be	328

Importance in arguing from legislation of remembering the dou	334

The personal extent of the term citizen is not determinable by	340

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

Argument from the recognition in other parts of the Constitution	371

CHAPTER XXV	377

DOMESTIC INTERNATIONAL PRIVATE LAW OF TIIE UNITED STATES THE SUB	378

Quality of the authority afforded by the action of Governors	385

Controversy between the Executives of Virginia and Ohio	391

SEC PAGE 700 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	414

of the interpretation of State in this clause	415

Not affected by the Ordinance of 1787	419

CHAPTER XXVI	421

SEO PAGE 729 Of the authority found in the actual legislation of Congress	424

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

Opinion of Judge Nelson in Jack v Martin	446

Opinions of Senator Bishop and Chancellor Walworth in that case	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

Story in Priggs case generally followed but his view often mis understood	530

SEO PAGE	531

The power cannot be derived by implication	537

The argument applied against the first and second construction 543 794 The argument applied against the first and second construction	545

The case of Belt	552

The question of seizure and removal examined	569

Theory of Taney Ch J in Kentucky v Dennison	580

INQUIRY OF THE QUESTION WHETHER THE GOVERNORS OF STATES	598

The international law of the United States distinguished as	599

Opinion in Bushnells case on the omission of the words under	605

SEC PAGE	608

Argument from the extradition of fugitives from other countries	614

Of cases arising under these provisions	615

Argument from settlement of claims under treaty	621

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

Allens case	636

Language of Judge Shaw in Sims case and Judge Marvin in 872 Bearing of these authorities distinguished in respect to the quality and the source of t...	637

Argument from Judge Storys language	639

Argument from Judge McLeans language	642

Question as to the use of the term State magistrates in these instances	643

Ordinary magistrates could not represent the State politically	644

Bearing of the question of construction on this inquiry	646

An objection from the limited extent of State power	648

An objection from the statutory character of the proceeding	649

The Opinions in Priggs case are conformed to this view	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

Correspondence of this view with the fourth construction	682

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

Bearing of the decisions justifying seizure and removal	699

Language of Tilghman Ch J in Wright v Deacon	700

Bearing of the Opinions in Jack v Martin	701

Decision of Judge Thompson in Martins case	703

Bearing of Priggs case	705

Language of Judge Shaw in Sims case	706

Opinion of Judge Smith in Booths case	708

Opinion of Judge Whiton in the same case	712

Remarks of Judge Crawford on the same case	715

Opinions in cases of Bushnell and Langston	716

Opinions of Commissioners Curtis and Loring	719

Opinion by Mr B R Curtis	720

tional and local and as domestic and foreign 231	721

The arguments discriminated	723

Of the argument in the parallel with the delivery of fugitives from justice	724

Of the argument that slaves are not parties to the Constitution	726

Of the argument from the character of the act of judgment and the argument from necessity	728

Meaning of the word suit	729

Meaning of suits at common law	734

Argument from the former customary law	735

Of the value in controversy	737

Meaning of the term deprived of liberty	738

Conclusion that the guarantee of jurytrial has been infringed	740

Of an objection to the testimony allowed by the Act	743

Of another objection to such testimony	744

SEC PAGE	745

Of the punishment of harboring and concealing	751

Bearing of the legislation of Congress respecting fugitives from	755

Of debates in Congress on the Act	759

Of the domestic slavetrade and Opinions in Groves v Slaughter	766

SEO 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

6	794

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The Law of Freedom and Bondage in the United States, Volume 1
John Codman Hurd
Full view - 1858

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Common terms and phrases

according Act of Congress action adopted amending ante appear apply argument arrest authority brought carry certificate charged citizens claim claimant clause Code color commissioner common condition considered Constitution construction contained court crime decision delivered demand determined District doctrine duty effect entitled escaped established evidence executive exercise existing extent fact force free negroes freedom fugitive give given governor grant held hold importation inhabitants intended issue Judge judgment judicial power jurisdiction jury justice labor legislation liberty limits magistrate master meaning Michigan mulatto nature necessary object obligations offence officers operation opinion owner party passed penalty persons prevent principles privileges proceedings prohibit provision punishment question recognized reference regarded regulations relation remove repealed reside respect rule says secured seems servants slavery slaves statute supposed taken term Territory tion trial Union United

Popular passages

Page 244 - 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.

Appears in 818 books from 1819-2008

Page 207 - 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...

Appears in 473 books from 1813-2008

Page 118 - 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...

Appears in 682 books from 1810-2007

Page 121 - 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.

Appears in 891 books from 1796-2008

Page 267 - 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.

Appears in 690 books from 1861-2008

Page 266 - 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.

Appears in 393 books from 1861-2008

Page 266 - 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.

Appears in 385 books from 1861-2008

Page 186 - 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...

Appears in 701 books from 1815-2008

Page 120 - 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.

Appears in 846 books from 1803-2007

Page 57 - 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.

Appears in 824 books from 1789-2008

Bibliographic information

QR code for The Law of Freedom and Bondage in the United States

Title	The Law of Freedom and Bondage in the United States, Volume 2 American culture series Library of American civilization PCMI collection Slavery pamphlets The Law of Freedom and Bondage in the United States, John Codman Hurd
Author	John Codman Hurd
Publisher	Little, Brown, 1862
Original from	the New York Public Library
Digitized	31 Mar 2006

Export Citation	BiBTeX EndNote RefMan

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