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

John Codman Hurd

Little, Brown, 1862

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CHAPTER XVII	1

Authorities on the quality and source of the powers exercised by the Governors	2

9	41

The case of Jack v Martin	57

Five different arguments discriminated	60

44	61

13	74

Opinion of Taney Ch J in Kentucky v Dennison on the quality	80

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 Chief Justice Taneys language	640

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

Kents doctrine that the matter belongs to the judicial function	89

The case of Richardson	95

The claim is dependent on the legislative power of the State	107

564	141

State of Kansas	186

424	200

577	270

425	296

New Jersey	344

Statement of the question of the construction of this provision	372

Governors action declared ministerial by Taney Ch J in Ken	381

SEC PAGE 700 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

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

The next portion affirming the constitutionality of the Act of 1793	472

Opinion of Judge Wayne inclining to the second construction	481

Inference from want of action between the Executives of the differ	484

Bearing of the decisions justifying seizure and removal	491

Opinion of Mr Daniel Webster	533

The case of Belt	560

Opinions in cases of Bushnell and Langston	568

Theory of Taney Ch J in Kentucky v Dennison	574

How the judicial power would be applied in these cases	587

Bearing of the same case on the question of the political source	608

Application of the same reason to surrender under this provision	624

SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston	630

Cases before Priggs case	631

Judge Storys language in Priggs case	632

Whether the magistrates in these cases exercised power politically derived from the State	645

Bearing of the question of construction on this inquiry	646

An objection from the limited extent of State power	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

Decision of Judge Sprague in the same case	659

Question between a national or local measure of privilege	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

Weight of authority in favor of a measure of privilege given	666

Opinion of Judge Smith in Booths case	667

Opinion of Chief Justice Whiton in Booths case	670

Citation of the earlier cases	672

Decision of the Supreme Court of the U S in Booths case	673

Nor does the doctrine of judicial comity as the measure because	678

England colonies	682

Independent examination of the question	683

The provisions relating to fugitives from justice and from service	690

Character of the act of judgment examined	691

Controversy between the Executives of Virginia and New York	697

CHAPTER XXX	698

The arguments discriminated	723

Meaning of the word suit	729

Argument from the former customary law	735

The case of Hill v Low	740

Objections of want of jurytrial in both Acts founded on certain	743

SEC PAGE	745

The case of Peter alias Lewis Martin	746

Of the punishment of harboring and concealing	751

Opinion of Judge McLean inclining to the second construction	759

The cases of The State v Hoppess and Driskill v Parrish	765

Of the claim in cases of temporary visit	768

A portion of the same Opinion denying the doctrines of Judge	771

General doctrine of the cases previous to Dred Scott v Emerson	773

The Opinions of Judges Swan and Peck in the cases of Bushnell	777

Opinion of Campbell J in the same case	781

Of the extent of the powers of the national Government over	787

Bearing of the legislation of Congress respecting fugitives from	788

Utah Territory	791

89	793

Question as to the validity of the action of Governors of States	794

Argument from the preexisting law relating to fugitives from	796

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John Codman Hurd
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Act of Congress action adopted aliens amending apply argument arrest Articles of Confederation authority certificate citizens citizenship claimant clause commissioner common law Constitution construction crime decision declared delivered determined doctrine doctrine of comity domiciled inhabitants duty effect emancipation enacted entitled escaped executive exercise fourth Article free negroes free persons fugitive slaves fugitives from justice fugitives from labor Governor habeas corpus held international law international private law Judge judgment judicial power juridical jurisdiction jury law of Congress legislation legislature liberty limits magistrate manumission master mulatto national Government nature offence officer opinion owner parties penalty persons of color political Prigg's private international law private law private persons privileges and immunities proceedings prohibit provision punishment question recognized reference relation remove repealed respect rights and obligations service or labor slavery statute supposed Supreme Court Territory tion trial trial by jury Union United writ

Información bibliográfica

Título	The Law of Freedom and Bondage in the United States, Volumen2 American culture series Library of American civilization PCMI collection Slavery pamphlets The Law of Freedom and Bondage in the United States, John Codman Hurd
Autor	John Codman Hurd
Editor	Little, Brown, 1862
Procedencia del original	Universidad de Michigan
Digitalizado	16 Jul. 2010

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