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

Capa
Little, Brown, 1862
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Índice

Of the comparative adequacy of the judicial function to the objects
39
549
41
550
48
CHAPTER XXVIII
55
The case of Commonwealth v Griffith
57
551
61
553
67
554
74
Opinion of Taney Ch J in Kentucky v Dennison on the quality
80
555
81
556
89
557
95
Legislation of the State of Ohio
110
Authorities on the quality and source of the powers exercised by the Governors
113
560
123
26
132
563
141
66
147
THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS
154
39
157
66
165
567
166
569
174
572
186
575
195
578
211
580
218
Slaves ceased to be absolute chattels before the Constitution
225
THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT
234
Argument by interpretation of shall not be discharged
235
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES THE SUB
244
Opinion of Washington J in Green v Sarmiento
252
Language of Madison in the Federalist
258
Theory of Taney Ch J in Kentucky v Dennison
262
66
270
Of the claim in cases of temporary visit
275
Inapplicability of the doctrine that slaves are chattels
275
District of Columbia
275
How citizenship as well as subjection under another jurisdiction
275
Rhode Island
290
66
294
CHAPTER XXIV
342
46
345
Of the authority found in the legislation of Congress
355
The next portion supporting the third construction
365
The existing right of the owner is not property by international
370
CHAPTER XXV
377
Governors action declared ministerial by Taney Ch J in Ken
381
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
39
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
66
453
Statement of various questions arising under this clause
461
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
46
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
A portion of Judge Smiths first Opinion in that case supporting the first construction
504
34
510
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 Peter alias Lewis Martin
528
The case of the United States v Buck
529
Story in Priggs case generally followed but his view often mis understood
530
SEC PAGE
531
SECTIONS OF THE FOURTH ARTICLE OF THE CONSTITUTION
535
Discrimination of portions of the Constitution in reference to
600
A more condensed statement of the rule of interpretation
606
Bearing of the same case on the question of the political source
608
Indeterminate use of the word magistrate 878 Ordinary magistrates could not represent the State politically 879 The language of Story to be interpret...
610
Opinions of Lewis Kent Radcliff Thompson and Livingston JJ
612
OF
619
Argument from basing legislation on the fourth construction
620
Of the word citizen as used twice in this clause
626
Inquiry as to remedial process
627
Opinion of Chief Justice Whiton in Booths case 895 Opinion of Judge Crawford in Booths case 896 Decision of the Supreme Court of the U S in Boo...
630
456
634
Pennsylvania
635
Opinion of Taney Ch J in Dred Scotts case
636
Kents commentary on this clause
642
examined 643
643
644
644
Delaware
647
The anterior action of the constituent parties is here to be
648
457
651
Argument from the use of the word in other clauses of the Con
654
Of State legislation as authority in this inquiry
661
Notice of various judicial opinions bearing on this inquiry
662
Of decisions against rights claimed to be supported by this pro vision
663
Language of Kent and Story
664
Distinction between citizens sojourning and seeking a domicil
665
Weight of authority in favor of a measure of privilege given by the law of the forum
666
Argument from the personal extent of common law in the colo nies that the measure is national and not local
667
Tennessee
668
Of other important consequences of this doctrine
669
66
670
Of three different grounds on which the claim of slaveownership by a citizen of another State may be urged
671
Citation of the earlier cases
672
Citation of the various Opinions in the case of Lemmons slaves
673
Opinion of Bartley Ch J in Anderson v Poindexter
674
The general measure of privilege recognized by the authorities ex cludes the claim in a free State
675
The common law of England if a continuing measure of privilege does not support the claim
676
The private international law anterior to the Constitution if the measure of privilege does not support
677
Nor does the doctrine of judicial comity as the measure because comity is subject to legislative alteration 79 Failure of the argument from the anterior...
678
Defect in the argument from decisions under the older Act
681
Mistake in arguing from the character of the act of judgment
683
State of Kansas
684
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
712
Remarks of Judge Crawford on the same case
715
Opinions cases of Bushnell and Langston
716
Opinions of Commissioners Curtis and Loring
719
Opinion by Mr B R Curtis
720
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
Georgia
744
224
754
Of the domestic slavetrade and Opinions in Groves v Slaughter
761
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
465
779
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
PAGE
791
582
793
225
795
768
798
81
799
244
800
584
805
319
249

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Passagens conhecidas

Página 233 - 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.
Página 114 - 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.
Página 188 - The inhabitants of the territories which his catholic majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the federal constitution, and admitted to the enjoyment of all the privileges, rights and immunities of the citizens of the United States.
Página 716 - Constitution denominated in the third article 'law'; not merely suits which the common law recognized among its old and settled proceedings but suits in which legal rights were to be ascertained and determined in contradistinction to those where equitable rights alone were recognized and equitable remedies were administered, or where, as in the admiralty, a mixture of public law and of maritime law and equity was often found in the same suit.
Página 282 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Página 196 - That Congress doth consent that the territory, properly included within, and rightfully belonging to the Republic of Texas, may be erected into a new State, to be called the " State of Texas," with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
Página 243 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Página 20 - The right of property is before and higher than any Constitutional sanction; and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever.
Página 324 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments...
Página 206 - That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness.

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