The Law of Freedom and Bondage in the United States, Volumen2

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Little, Brown, 1862
 

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549
41
550
48
SISSIPPI AND ALABAMA FORMED IN TERRITORY CEDED BY THE ORIGINAL
50
552
61
Opinion of Washington J in Green v Sarmiento
63
553
67
Authorities on the general interpretation of the terms
70
Legislation of the State of Ohio
72
554
74
Standard of interpretation stated 702 Of strict interpretation in favor of liberty 703 Another reason for strict interpretation 704 Of the juridical practic...
75
Opinions of Parsons Parker and Sewall JJ in Bissell v Briggs 252
76
555
81
556
89
557
95
Indiana
110
Authorities on the quality and source of the powers exercised by the Governors
113
The cases Commonw v Holloway Hill v Low and Worthington
114
CHAPTER XIX
154
568
171
570
177
572
186
575
195
Application of international law in cases of temporary subjection
200
578
211
580
218
In this international law the source of the internal law must
219
Of provisions in the Constitution creating an exception
225
SEC PAGE
234
The standard of interpretation found in the enunciation of antece
241
Consequences from different views of the nature of the Constitu
244
Of distinguishing the conclusiveness of a judgment as evidence
248
Whether Congress can give legal operation to the State judgment
257
CHAPTER XXIII
270
The case of Wright v Deacon
274
Opinions of Taney Ch J and Judge McLean
279
Of the Opinions of the U S Commissioners
300
66
319
Interpretation of charged and fled from justice 710 Interpretation of the word State in this clause
341
Order of inquiry in determining the personal extent of the term
342
Reason for recurring in this inquiry to the general practice of
348
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
Of the force of personal distinctions ascribable to universal juris
370
CHAPTER XXV
377
Quality of the authority afforded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
The anterior action of the constituent parties is here to be
396
401
401
403
403
Language of Judge Shaw in Sims case and Judge Marvin
406
BEO PAGE
425
Opinion of the Chief Justice in the same case on the source of
431
Importance of distinguishing the cases in view of seizures made
437
Opinion of Judge Nelson in Jack v Martin 416
450
Of the various questions which arose in the case of Prigg v Penn
457
Of the word citizen as used twice in this clause
461
The next portion of that Opinion inclining to the second
465
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
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
514
Result of Opinions in this case
520
Booth and Rycraft released by the State court after judgment and sentence 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
Story in Priggs case generally followed but his view oſten mis understood
530
CHAPTER XXVII
535
Of distinction of persons in respect to capacity for citizenship
550
SEC PAGE 801 The doctrine has never been urged in case of criminals
551
The case of Commonwealth v Griffith
552
The case of Jack v Martin
554
Dissenting Opinion of McLean J in that case
556
The case of Richardson
560
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
570
Correspondence of this view with the fourth construction 684
584
Bearing of the legislation of Congress respecting fugitives from labor
585
Of the absence of judicial opinion supporting this view
591
Under either theory there is place for international private law 228
595
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES THE SUB
598
Of the persons affected by these Acts
604
SEC PAGE
608
Argument from the extradition of fugitives from other countries
614
Argument from settlement of claims under treaty
621
Of penalties under the Act
627
The meaning of citizen compared with that of subject 271
629
Bearing of these authorities distinguished in respect to the quality
633
Argument from Judge Storys language
639
Bearing of the question of construction on this inquiry
646
Conclusion that interpretation limits the term to whites
650
The authorities support the action of State magistrates as exercise
652
Weakness of any argument from intention
656
Review of the received theories of the basis of legislation
667
SEC PAGE 897 Language of Judge McLean in Robinsons case
673
98 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
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
The international law of the United States distinguished as
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
Question of interpretation stated
711
Authorities sustaining claim for an apprentice
712
General nature of the service which may be recognized
713
Whether servitude of adults under indentures is included
714
That service of apprentices is included
715
That service of the slaves of the slaveholding States is included
716
Of the discrimination of races in view of capacity for this service
717
Whether servitude of negroes under modified forms of slavery should be recognized
718
Irrelevancy of ethical considerations
719
Authorities on the interpretation of escaping
720
Argument on the interpretation of that word
721
Or a case on the navigable river Ohio
722
The issue of escaped slave not included
723
Case of slaves who have infringed the penal law of the forum
724
Of the interpretation of State in this clause
725
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
Not affected by the Ordinance of 1787
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
741
328
744
SEC PAGE
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
determined
760
The personal extent of the term citizen is not determinable by
762
Of the claim in cases of temporary visit
768
409
770
SRO 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
General doctrine of the legislative power The power in this
788
Of the slavetrade as crime
789
Of questions arising between the United States and foreign coun tries under general international law
790
Of the meaning of the word State in this clause
792
414
793
794 The argument applied against the first and second construction
794
415
799
419
800

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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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