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

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Little, Brown, 1862

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Contenido

552
61
553
67
555
81
556
89
557
95
Private international law briefly described
99
558
101
559
110
551
114
Opinion of Mr E G Loring in Burns case
138
349
141
554
150
563
151
567
157
Missouri
171
571
178
572
186
Of questions of evidence and proceeding
190
575
195
578
211
580
218
How far the distinction between persons and things in interna
220
Of judicial authority supporting this view
222
Of the possibly direct operation on private persons of such pro
226
The existing right of the owner is not property by international
234
Argument by interpretation of shall not be discharged
235
The standard of interpretation found in the enunciation of antece
241
573
247
Of distinguishing the conclusiveness of a judgment as evidence
248
Opinion of Washington J in Green v Sarmiento
252
Language of Madison in the Federalist
258
Argument from the reasons given in the cases of recognized
264
577
270
632
275
Of the exclusion laws of various States as authority that they
290
Opinion of Daniel J concurring
298
Authorities on the action of State magistrates examined PAGE
300
Storys commentary on this clause
315
Reason for recurring in this inquiry to the general practice of
321
Of distinction of persons in respect to capacity for citizenship
329
Argument from the use of the word in other clauses of the Con
336
Question between a national or local measure of privilege
343
Argument from the recognition in other parts of the Constitution
344
Of decisions against rights claimed to be supported by this pro
349
The support given to the claim by international private law
371
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
Authorities on the general interpretation of the terms
392
Argument from the language of the Article of Confederation
398
General nature of the service which may be recognized
404
Of the police power of the States as possibly limiting the extent
408
Argument on the interpretation of that word
411
Not affected by the Ordinance of 1787
419
Citation of the earlier cases 359
543
Argument from the preexisting law relating to fugitives from
549
Argument from the similar provision in the Articles of Compact
571
Of other defects in Judge Storys argument
578
Correspondence of this view with the fourth construction
584
How the judicial power would be applied in these cases
585
Of the absence of judicial opinion supporting this view
591
Recognition of a general international private law founded
597
CHAPTER XXVIII
598
Of the persons affected by these Acts
604
Opinion of the Chief Justice in the same case on the source of
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Inquiry as to remedial process
627
The cases Commonw v Holloway Hill v Low and Worthington v Preston
630
The case of Wright v Deacon
631
The several Opinions in Jack v Martin 868 Judge Storys language in Priggs case
632
The personal extent of the term and the degree of privilege indi
633
Opinions of Wayne Daniel Baldwin and Thompson JJ 870 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
Question as to the use of the term State magistrates in these instances
643
Ordinary magistrates could not represent the State politically
644
Review of authorities on the construction of the provision relating to fugitives
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 888 Decision of Judge Sprague in the same case 889 Citation of Opinions by Judge Sprague in Scotts case 890 J...
653
Citation of the various Opinions in the case of Lemmons slaves
673
Five different arguments discriminated
678
Character of the act of judgment examined
691
CHAPTER XXX
698
Bearing of the decisions justifying seizure and removal
699
Bearing of Priggs case
705
Opinion of Judge Whiton in the same case
716
The arguments discriminated
723
Construction incidental to the question of the means by which
727
Reason for here considering these authorities
734
Argument from the former customary law
735
The case of Glen v Hodges 438
741
Objections of want of jurytrial in both Acts founded on certain
743
Of the various questions which arose in the case of Prigg v Penn
747
CHAPTER XXXI
760
The next portion of that Opinion inclining to the second or
762
A portion of Judge Smiths second Opinion in that case support
766
Of the claim in cases of temporary visit
768
SEO PAGE
772
Result of Opinions in this case
773
Opinions of Nelson and Grier JJ in the same case
778
The Opinion of Judge Brinkerhoff in the same case 625
779
Of the decision of a State court as the exponent of State law
784
Of questions arising between the United States and foreign coun
790
200
791
Question as to the validity of the action of Governors of States
794

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Página 244 - 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 207 - Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States...
Página 118 - September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States...
Página 121 - 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 267 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 266 - And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice.
Página 266 - I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.
Página 186 - Measures, is hereby declared inoperative and void : it being the true intent and meaning of this act, not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States...
Página 120 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Página 57 - The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all.

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