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

John Codman Hurd

Little, Brown, 1862

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Review of the judicial Opinions on this question	xxxi

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

Review of the authorities on the construction of the provision relating to fugitives from justice	3

Five different arguments discriminated	12

546	34

The case of Jack v Martin	57

Independent examination of the question	60

552	61

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	520

Application of international law in cases of temporary subjection	70

554	74

Dissenting Opinion of McLean J in that case	95

Of the exclusion laws of various States as authority that they	107

Under either theory there is place for international private law	228

Of the question as to the construction of these portions	235

The standard of interpretation found in the enunciation of antece	241

Of distinguishing the conclusiveness of a judgment as evidence	248

SEC PAGE	251

Statement of the question of the construction of this provision	252

Whether Congress can give legal operation to the State judgment	257

Argument from the reasons given in the cases of recognized	264

CHAPTER XXIII	270

The personal extent of the term and the degree of privilege indi	277

Opinion of Taney Ch J in Dred Scotts case	279

Of the Opinions of the U S Commissioners	300

Reason for recurring in this inquiry to the general practice of	324

Question between a national or local measure of privilege	343

CHAPTER XXV	358

685	372

OF THE DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES	377

Governors action declared ministerial by Taney Ch J in Ken	381

Conclusion that the power exercised is the judicial power of	390

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 898	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

Recognition of a general international private law founded	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

SEC PAGE 729 Of the authority found in the actual legislation of Congress	424

Of the inference from the action of Governors of the States in sur rendering fugitives from justice	425

Opinion of Taney Ch J in Kentucky v Dennison on the quality of the action of the Governor	427

Opinion of the Chief Justice in the same case on the source of the power exercised by the Governor	431

Kents doctrine that the matter belongs to the judicial function	434

Reason for here considering these authorities	436

Importance of distinguishing the cases in view of seizures made for two different purposes	437

The case of Glen v Hodges	438

The case of Hill v Low	439

The case of Commonwealth v Griffith	440

The case of Johnson v Tompkins	441

Opinion of Judge Nelson in Jack v Martin	446

When citizen would be distinguished from subject in inter	450

The case of Helmsley	453

The case of Peter alias Lewis Martin	455

Of the various questions which arose in the case of Prigg v Penn sylvania	456

First portion of the Opinion of Judge Story in Priggs case inclin ing to the fourth construction	457

The next portion of that Opinion inclining to the second or the third construction	465

The next portion supporting the third construction	467

The next portion confirming this view	469

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

Of the force of personal distinctions ascribable to universal juris	489

Opinion of Judge Baldwin supporting the fourth construction	490

Classification of the Opinions of the several Justices on this ques tion	491

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 the United States v Buck	529

Story in Priggs case generally followed but his view often mis understood	530

Opinion of Mr Daniel Webster	533

The obligation to deliver fugitives from justice is not necessarily	547

The case of Belt	560

Argument by interpretation of shall not be discharged	570

Theory of Taney Ch J in Kentucky v Dennison	580

SEC PAGE	585

Of the absence of judicial opinion supporting this view	591

How this law is judicially ascertained	598

Of the persons affected by these Acts	604

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

Argument from the extradition of fugitives from other countries	614

Argument from settlement of claims under treaty	621

CHAPTER XXIX	629

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

The case of Wright v Deacon	631

Judge Storys language in Priggs case	632

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 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

Bearing of the question of construction on this inquiry	646

The anterior action of the constituent parties is here to be	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

Argument from the use of the word in other clauses of the Con	654

Decision of Judge Sprague in the same case	659

Citation of Opinions by Judge Sprague in Scotts case	660

Judge Spragues language in this case on this question	662

Judge Concklings decisions in Davis case	663

Distinction between citizens sojourning and seeking a domicil	665

Opinion of Judge Smith in Booths case	667

Opinion of Chief Justice Whiton in Booths case	670

Of three different grounds on which the claim of slaveownership	671

Opinion of Judge Crawford in Booths case	672

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

The private international law anterior to the Constitution if	677

Of the argument from a supposed requirement of summary pro	681

The provisions relating to fugitives from justice and from service	690

Controversy between the Executives of Virginia and New York	697

CHAPTER XXX	698

Meaning of the word suit	729

Argument from the former customary law	735

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

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT	760

SEC 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

Status of foreign aliens otherwise determined by law of the States	788

Of the slave trade as crime	789

Of questions arising between the United States and foreign coun tries under general international law	790

Of the arrest without warrant	793

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

Of questions arising under a general international law identified in authority	795

Of the meaning of the word State in this clause	796

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The Law of Freedom and Bondage in the United States, Volumen2
John Codman Hurd
Vista completa - 1862

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according act of Congress action adopted aliens Ante appear apply arising attributed authority carry character charged citizens citizenship civil claim clause color common conclusiveness condition considered Constitution construction contained court crime delivered demand determined distinction doctrine domiciled duty effect entitled escaped established evidence execution exercise existence extent force foreign fourth free negroes fugitive give given Governor granted held hold important inhabitants intended international law interpretation Judge judgment judicial jurisdiction justice labor legislation limits master meaning mulatto nature necessary negroes obligations officer operation opinion owner parties passed persons political possession prevent principles private persons privileges proceedings prohibit provision punishment question recognized record reference regarded regulate relation remove reside respect rule says secured seems sense servants slavery slaves statute supposed taken term Territory tion Union United

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Título	The Law of Freedom and Bondage in the United States, Volumen2 The Law of Freedom and Bondage in the United States, John Codman Hurd
Autor	John Codman Hurd
Editor	Little, Brown, 1862
Procedencia del original	Biblioteca Pública de Nueva York
Digitalizado	31 Mar 2006

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