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

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Little, Brown, 1858
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Índice

Insufficiency of Blackstones definition of municipal law
15
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 Object of the
20
Of the distinction between persons and things 22 Relations consist of rights and obligations 23 Rights of persons and rights of things distinguished 24...
21
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
In what manner international law is derived
36
Of individual and relative rights
40
Of liberty as an effect of law
41
The legal and the ethical idea and objective and subjective apprehen
42
5
45
The first portion described a law in the secondary sense
49
The law has different extent to different persons
55
Private persons are distinguished by axiomatic principles of universal
61
Statement of the third maxim
74
The tribunal must ascertain the will of the state in the case
76
Though disallowed in the forum its incidental effects in the foreign
82
Practical effect of the ordinary doctrine of judicial comity
84
The effect of foreign laws limited by laws having universal personal
88
authority of some national law
97
Of legislation as limiting the judicial application of elementary prin
103
Personality or legal capacity a necessary topic of private interna
109
Conditions supported by universal jurisprudence become conditions
113
On a change of sovereigns the territorial law of a country con
123
Of political authority in America derived from the compacts of
128
sion of liberty
129
Civil and political liberty liberty by public and by private law
134
The right of property under this personal law existed only in refer
138
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
142
Of universal jurisprudence affecting personal condition forming
144
Of the jus publicum in the Roman law
150
The Romans held slavery arising from captivity to be based
153
Changes occurring in international law are not simultaneous among
159
Chattel slavery of infidels and heathens supported by universal
165
Why the common law of every state must exhibit its own recep
173
The condition of a negro brought to England determined either
178
Case of Chamberlayne v Harvey
184
Lord Mansfields decision in Somersets case
190
Necessity of recurring to principles of universal jurisprudence
198
53
199
Power of the imperial government to determine the condition
203
Extension of the English law of free condition to colonists of other
209
66
220
44558
230
Public and private character of the law determining the condition
239
ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES THE SUBJECT CON
247
114
255
PAGE
267
Effect of a conversion to Christianity upon slavecondition how
268
57
269
Inquiry into this why postponed
272
Rhode Island
273
7
278
66
279
New Jersey
282
8
283
14
284
15
286
North Carolina
293
17
296
Effect of former international recognitions of slavery
297
58
298
20
300
22
302
Reasons against admitting their universal extent in Massachusetts
303
23
306
Its extent so determined in Massachusetts and the British Islands
307
Georgia
308
Whether negro slavery had before that case been lawful
313
Opinion of Gudelin on this point
318
The condition of the last whether bond or free determined by
322
International effect of common law as a law personal to the
324
225
325
second chapter
328
Of the deficiency of legislative enactments on this topic
329
254
331
Authorities on the law of the Netherlands
335
71
352
Quality of political liberty variable according to its distribution
353
negro race
356
171
358
Slavery therefore not supported by universal jurisprudence
362
291
364
Supremacy of the national judiciary in determining the law con
365
59
369
Argument that in this connection the term means any free person
372
309
374
The Territories of the United States are under the jurisdiction
376
The word people in the constitutions designates only a portion
377
316
381
This international law is determined by the different sources of
386
322
387
75
391
Powers of the States in respect to naturalization of domestic aliens 451
393
Change in the location of sovereign power which occurred in
394
Statement of the theory of the location of sovereignty under
404
National municipal law to be considered as affecting individual
405
118
408
Of limitations on the powers reserved to the States
411
CONDITIONS OF FREEDOM AND BONDAGE CONSIDERED WITH REFERENCE
415
200
418
Relation of the Constitution of the United States to the condition
422
363
426
Common law in the Territories is a local law
432
OF THE DISTRIBUTION OR CLASSIFICATION OF PRIVATE LAW AFFECTING
438
384
444
nicipal law
445
76
447
391
450
399
455
Of powers whose nature may vary by their investiture in the
462
Of the territorial limits of the States
468
417
469
Of that international law which is derived from the several jurid
473
424
475
The laws of the several States have no territorial extent beyond
477
Question of a limitation of the residuary power held by the people
478
Continuation of the customary distinction of two systems of per
484
439
487
International law in the Territories regarded as jurisdictions having
488
119
492
Opinion of the Court delivered by Chief Justice Taney
493
449
494
Mr Justice Curtis opinion
501
Fallacy in the doctrine that in the Constitution slaves are referred
507
The political people of the States identified with the people of
511
120
514
No such effect has been judicially ascribed to such national decla
516
The question of the lawfulness of slavery in the Territories is one of international private law
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
Illustrated by Chief Justice Shaw in Commonwealth v Aves
527
Illustrated in an extract from Senator Benjamins speech
528
The guarantee of private property as extending to rights in respect
529
Of Lord Stowell and Judge Story as cited by Senator Benjamin Theories of the power of the national Government in the Territories
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
534
spect to slavery
543
172
553
527
558
Necessity of a customary standard of property
559
Which was part of the American law having national extent
560
508
561
Of the further exposition of the local municipal
564
207
567
173
568
The condition of slavery an effect of the local law of a colony
574
151
579
528
581
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
153
599
177
600
124
601
88880
604
161
605
182
610
165
613
189
614
143
616

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Palavras e frases frequentes

Passagens conhecidas

Página 370 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
Página 430 - 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 115 - 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 477 - ... there is a difference between property in a slave and other property, and that different rules may be applied to it in expounding the Constitution of the United States. And the laws and usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which Governments may exercise ove'r it, have been dwelt upon in the argument. But in considering the question before us, it must be borne in mind that there is no law...
Página 470 - 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 116 - 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 254 - 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 496 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Página 466 - 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 244 - It is also agreed that the commissioners for this confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature...

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