The Law of Freedom and Bondage in the United States, Volume 1

Capa
Little, Brown, 1858
0 Críticas
As críticas não são validadas, mas a Google verifica a existência de conteúdo falso e remove-o quando é identificado
 

Opinião das pessoas - Escrever uma crítica

Não foram encontradas quaisquer críticas nos locais habituais.

Índice

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
20
Of the distinction between persons and things
21
Relations consist of rights and obligations
22
Rights of persons and rights of things distinguished
23
Subjects and objects of rights
24
Public and private law distinguished
25
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 law
35
The first portion described a law in the secondary sense
49
The law has different extent to different persons
55
Effect of
56
Private persons are distinguished by axiomatic principles of universal
61
7
70
8
72
True reason of the rule called comity
78
Though disallowed in the forum its incidental effects in the foreign
82
Practical effect of the ordinary doctrine of judicial comity
84
9
87
These principles may operate as internal law as well as interna
88
Effect of such exception in the allowance of foreign law under what
90
10
93
Justification of the recognition of a universal jurisprudence notwith
100
Laws of personal condition or status may receive international
108
The masters claim customarily decided by the judiciary not
113
Conditions not so supported may still be sustained by what is called
114
On a change of sovereigns the territorial law of a country con
123
Of the force of legislative declarations by the local governments
129
Of individual and relative rights
130
Of liberty as an effect of law 42 The legal and the ethical idea and objective and subjective apprehen sion of liberty
133
The idea of civil freedom includes that of a political guarantee
135
11
137
The right of property under this personal law existed only in refer
138
12
141
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
142
Proposed exhibition of doctrines of universal jurisprudence affect
147
The Romans held slavery arising from captivity to be based
153
13
158
Changes occurring in international law are not simultaneous among
159
14
161
in modern times
165
Why the common law of every state must exhibit its own recep
173
It would be determined either as a question of the international
179
Cases of Smith v Brown and Cooper and of Smith v Gould Holts
185
Inconsistencies in that opinion
191
TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL
195
53
199
Necessity of recurring to principles of universal jurisprudence
201
Ordinary apprehension of the extent of the attribution of personal
203
Term colonists in the charters how to be understood
207
Of the Roman law of manumission
213
Legal incidents of the condition of such persons
220
15
221
Legislation of Virginia
228
Public and private character of the law determining the condition
239
21
240
23
242
The right of the owner of slaves how far resting on national
245
Of the deficiency of legislative enactments on this topic
251
Of the deficiency of recorded colonial judicial decision on this topic xxvii
252
29
253
The term servants in intercolonial agreements probably included slaves also
254
114
255
Reasons for recognizing a customary international private law in dependent of what is called comity
258
30
259
Case of the Polish refugee in Holland
260
Authorities on the law of France
261
Authorities on the law of Germany
262
Of the distinction of race as noticed or not in these authorities
263
The customary law of France as exhibited in the case of Verdelins slaves and of Francisque
264
The rule against the recognition of slavery as derived from these authorities
265
How Puffendorf and Vattel are commonly cited on this point
266
Vattels statement of the strangers right of transit
267
Effect of a conversion to Christianity upon slavecondition how
268
57
269
Neither writer recognizes men as objects of property Of law on this subject derived from British precedents
270
66
273
Slavery recognized under the rule only when maintained by uni
277
HERRENSR
281
225
282
Universal jurisprudence known in the practice of nations might
285
227
291
58
298
Apparent necessity of some legislation in reference to the condition
299
69
302
In what manner international law is derived 32 37 In what manner international law operates 34 38 Universal jurisprudence a part of national and of ...
306
Its extent so determined in Massachusetts and the British Islands
307
71
352
How far as part of English common law it had sustained slavery
357
Supremacy of the national judiciary in determining the law con
365
59
369
332
371
National municipal law and local municipal law
377
316
381
International relation of those among whom the sum of sovereign power is distributed
382
In their local sovereignty the States are towards each other like in dependent nations
383
Alienage in respect to national and local law foreign and domestic aliens distinguished
384
National municipal law of the United States includes international law
385
This international law is determined by the different sources of in ternal law
386
322
387
How far necessarily the same in all the States how far may be different
388
A portion of this law may be contained in the Constitution of the United States
389
Incidents of naturalization to be considered
390
75
391
329
392
Basal questions in determining the relations of foreign aliens
393
331
394
Public and private character of international law comprehended in the national law
395
333
396
International law in the Territories regarded as jurisdictions having a local law
397
336
398
First distinction of those laws as either internal or international
399
339
400
340
401
342
403
PAGE
404
344
405
345
406
Reference to the distinction between legal persons and legal things 458
407
118
408
347
409
348
410
Rights which must be attributed to the individuals composing that
413
CHAPTER XII
415
355
418
Of the manner in which personal condition may depend on public
421
361
424
Distribution of power to modify the effects of common law includ
426
Common law in the Territories is a local law
432
373
437
Presumption that the national law is also applicable by State tri
443
445
445
76
447
Where individual rights are in controversy the judicial power of
449
451
451
452
452
399
455
Distinction of the administrative and the judicial application
462
Of the territorial limits of the States
468
No such effect has been judicially ascribed to such national decla
471
Distinction of the early State Governments as restricted or not
480
438
486
79
490
119
492
Opinion of the Court delivered by Chief Justice Taney
493
rent legislative
497
nated by a law
500
Of the doctrine as a political principle
503
The doctrine of property in slaves as set forth in Chief Justice
509
469
511
120
514
Or in the universal jurisprudence of all juridical nations
515
ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES
516
The question of the lawfulness of slavery in the Territories is one of international private law Of confusion arising from deficiency of terms
523
Ambiguous use of the term positive law
524
Use of terms by Justice Holroyd in an English case and by Chief Justice Shaw
525
123
526
491
527
Illustrated in an extract from Senator Benjamins speech
528
And in his reply to Senator Collamer
529
Of Lord Stowell and Judge Story as cited by Senator Benjamin
530
The three functions of sovereignty are necessarily combined in the manifestation of juridical power
531
Conditions of the exercise of executive and judicial power in the Territories
532
Inconsistency in denying the legislative power in Congress
533
The idea that the national Government may remain neutral in re spect to slavery
534
Variance of Judge Campbells theory with the local character of State law
535
Inconsistency of the conclusion with the doctrine to which it is attributed
536
498
539
The guarantee of private property as extending to rights in respect
541
172
553
Political liberty in the States regarded as a private right depends
554
511
563
173
568
That slavery rests on national common law is implied in Chief
570
Universal jurisprudence cognizable from the history of the
579
531
588
596
596
Distinction of State laws as having universal personal extent 539 Limitation of the view hereafter to be taken of liberty and slavery
597
Universal jurisprudence derived a posteriori becomes applied
599
177
600
124
601
161
605
101
610
165
613
104
616

Outras edições - Ver tudo

Palavras e frases frequentes

Passagens conhecidas

Página 472 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
Página 520 - The purposes for which men enter into society will determine the nature and terms of the social compact ; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature and ends of legislative power will limit the exercise of it.
Página 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 must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
Página 128 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Página 280 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
Página 514 - And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.
Página 246 - 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 pursuing and obtaining happiness and safety.
Página 463 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government.
Página 118 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.
Página 259 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...

Informação bibliográfica