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

Front Cover
Little, Brown, 1862 - Conflict of laws

From inside the book

Contents

545
28
549
41
Of the exclusion laws of various States as authority that they
46
550
48
Independent examination of the question
60
46
61
553
67
554
74
The question of negro citizenship examined
108
46
129
Order of inquiry in determining the personal extent of the term
141
CHAPTER XIX
154
568
171
556
179
39
216
How far the distinction between persons and things in interna
220
Of the possibly direct operation on private persons of such pro
226
Of the question as to the construction of these portions
235
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
CHAPTER XXIII
270
The support given to the claim by international private law
280
Reason for recurring in this inquiry to the general practice of
324
753
343
Distinction between citizens sojourning and seeking a domicil
353
474
359
Statement of the question of the construction of this provision
372
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES
377
Governors action declared ministerial by Taney Ch J in Ken
381
SEC PAGE 760 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
33
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
351
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
SEC 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
New York
438
The case of Hill v Low
439
The case of Commonwealth v Griffith
440
The case of Johnson v Tompkins
441
Delaware
445
Opinion of Judge Nelson in Jack v Martin
446
When citizen would be distinguished from subject in inter
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
Statement of various questions arising under this clause
461
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
The next portion affirming the constitutionality of the Act of 1793
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
The cases later than Priggs case
488
Of the force of personal distinctions ascribable to universal juris
489
Bearing of the decisions justifying seizure and removal 921 Language of Tilghman Ch J in Wright v Deacon 922 Bearing of the Opinions in Jack v ...
491
The case of Kauffman v Oliver 765 The cases of The State v Hoppess and Driskill v Parrish 766 The case of Sims 767 The case of Allen U S Dep Ma...
492
North Carolina
508
Booth remanded by the State court while the action was pending in the District court
521
SEC PAGE
531
The power cannot be derived by implication
537
The case of Norris v Newton
561
Opinion of Smith J in Booths case
562
Opinions in cases of Bushnell and Langston
568
Argument by interpretation of shall not be discharged and delivered up on claim
569
Argument from the similar provision in the Articles of Compact of the New England colonies
571
Argument that only a delivery on claim made before public author ity was intended
574
Of other defects in Judge Storys argument
578
Theory of Taney Ch J in Kentucky v Dennison
580
Consequences of this theory
581
Inconsistency of this theory with other received doctrine
582
Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction
584
Bearing of the legislation of Congress respecting fugitives from labor
585
Of the absence of judicial opinion supporting this view
591
CHAPTER XXVIII
598
Of the persons affected by these Acts
604
Bearing of the same case on the question of the political source
608
Tennessee
612
Argument from settlement of claims under treaty
621
Of the word citizen as used twice in this clause
626
CHAPTER XXIX
629
SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston
630
The case of Wright v Deacon
631
Naturalization the prerogative of Congress only
632
Opinions of Taney Ch J and Judge McLean
635
Language of Judge Shaw in Sims case and Judge Marvin in Allens case
636
Bearing of these authorities distinguished in respect to the quality and the source of the power exercised
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
Whether the magistrates in these cases exercised power politically derived from the State
645
Bearing of the question of construction on this inquiry
646
The anterior action of the constituent parties is here to be
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
Argument from the use of the word in other clauses of the Con
654
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
Argument from the personal extent of common law in the colo
667
South Carolina
668
Opinion of Chief Justice Whiton in Booths case
670
Opinion of Judge Crawford in Booths case
672
Citation of the various Opinions in the case of Lemmons slaves
673
Character of the act of judgment examined
691
Controversy between the Executives of Virginia and Pennsylvania
696
CHAPTER XXX
697
706
706
719
719
The arguments discriminated 723 935 Of the argument in the parallel with the delivery of fugitives from justice
723
Of the argument that slaves are not parties to the Constitution 938 Of the argument from the character of the act of judgment and the argument from ...
724
Other objections to the validity of these Acts
729
Objections of want of jurytrial in both Acts founded on certain
743
Georgia
744
THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT
760
357
770
SEC 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
The Opinions of Judges Swan and Peck in the cases of Bushnell and Langston
777
The Opinion of Judge Brinkerhoff in the same case
778
The Opinion of Judge Sutliff in the same case
779
The case of the United States v Buck
780
Story in Priggs case generally followed but his view often mis
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 slave trade as crime
789
Of questions arising between the United States and foreign coun tries under general international law
790
360
791
Of the arrest without warrant 740
793
Question as to the validity of the action of Governors of States
794
273
795
Of the meaning of the word State in this clause
796

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Common terms and phrases

Popular passages

Page 242 - 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.
Page 205 - 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...
Page 116 - 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...
Page 119 - 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.
Page 265 - 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.
Page 264 - 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.
Page 264 - 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.
Page 184 - 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...
Page 118 - 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.
Page 55 - 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.

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