SEC.

897. Language of Judge McLean in Robinson's case,

898. Opinions in cases of Bushnell and Langston,

899. Place of decisions by the U. S. Commissioners,

900. Opinion of Mr. G. T. Curtis in Sims' case,

901. Opinion of Mr. E. G. Loring in Burns' case,

902. Opinion of Mr. Att'y-Gen. Crittenden,

903. Opinion of Mr. B. R. Curtis,

Examination of the arguments advanced by the authorities cited.

904. Five different arguments discriminated,

.995. Defect in the argument from decisions under the older Act,

906. Defect in the parallel with the delivery of fugitives from justice,

907. Defect in the argument from a supposed requirement of summary

proceedings,

908. Mistake in arguing from the character of the act of judgment,

909. Objections to the argument from necessity,

Independent examination of the question.

910. The true bearing of the judicial authority,

911. Argument from the basis of legislation,

912. Character of the act of judgment examined,

913. Of the force of the certificate given,

.

PAGE

673

674

. 675

676

. 677

678

678

. 678

681

681

681

683

. 685

. 686

688

691

693

914. Finality of the act in respect to the forum of jurisdiction,

915. Argument from the effect of the certificate in pleading,

916. Of a law under which the act of judgment would not have a judi-

cial character,.

695

696

696

917. Conclusion that the power exercised is the judicial power of the

United States, .

697

CHAPTER XXX.

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES. THE SUBJECT

CONTINUED. OF THE LEGISLATION OF CONGRESS IN RESPECT TO FUGITIVES

FROM LABOR. THE SUBJECT CONTINUED. OF THE VALIDITY OF THAT

LEGISLATION IN VIEW OF A GUARANTEE IN THE CONSTITUTION OF TRIAL

BY JURY, AND OF OTHER PROVISIONS OPERATING AS A BILL OF RIGHTS.

Of questions relating to the remedy provided.

918. Objections of want of jury-trial in both Acts, founded on certain

provisions in the Constitution,

698

Examination of the authorities on this question.

SEC.

919. Observations on the comparative force of the cases under these

920. Bearing of the decisions justifying seizure and removal,

921. Language of Tilghman, Ch. J., in Wright v. Deacon,

922. Bearing of the Opinions in Jack v. Martin,

923. Decision of Judge Thompson in Martin's case,

924. Bearing of Prigg's case,

925. Language of Judge Shaw in Sims' case,

926. Language of Judge McLean in McQuerry's case,

927. Opinion of Judge Smith in Booth's case,

928. Opinion of Judge Whiton in the same case,

929. Remarks of Judge Crawford on the same case,

930. Opinions in cases of Bushnell and Langston,

931. Opinions of Commissioners Curtis and Loring,

932. Language of Story and Sergeant in their Commentaries,

933. Opinion by Mr. B. R. Curtis,

PAGE

698

699

700

701

703

705

706

706

708

712-

715

716

719

719

720

Examination of the arguments advanced by the authorities cited.

935. Of the argument in the parallel with the delivery of fugitives from

justice,

724

936. Of the argument from a supposed requirement of summary pro-

ceedings,

724

937. Of the argument that slaves are not parties to the Constitution,

938. Of the argument from the character of the act of judgment and

the argument from necessity, .

941. That the claim under the provision is a suit at common law,

945. Conclusion that the guarantee of jury-trial has been infringed,

947. Of an objection to the testimony allowed by the Act, .

948. Of another objection to such testimony,

743

744

SEC.

949. Of the demand for the posse-comitatus,

950. Of the implied denial of habeas corpus,

951. Of the Commissioner's fees varied by the result of his decision,

953. Of the right of the claimant to damages for harboring and con-

On the constitutionality of the Act as generally received.

955. General approval of the Act by the Supreme Court,
956. On the argument from long acquiescence,

957. General futility of the argument from necessity,

958. Necessity of giving the power to Commissioners examined,
959. Necessity of excluding trial by jury examined,
960. Of debates in Congress on the Act,

CHAPTER XXXI.

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES. THE SUBJECT

CONTINUED. OF THAT PORTION WHICH IS IDENTIFIED WITH THE LAW

OF SOME SEVERAL STATE, OF STATE LEGISLATION IN RESPECT TO FUGI-

TIVES. OF THE POWER OF CONGRESS IN RESPECT TO THE DOMESTIC

SLAVE-TRADE. OF SOME QUESTIONS OF THE STATUS OF PERSONS AS DE-

TERMINED BY THIS LAW.

Of questions arising under a general international law identified in authority

with State law.

961. How the law thus distinguished is derived,

760

962. Nature of the question of the validity of State legislation respect-
ing fugitives,

761

963. State laws respecting fugitives distinguished as either conflicting

or concurrent,

763

761

964. Of the domestic slave-trade, and Opinions in Groves v. Slaughter,

Of claims of slave-ownership under this law.

965. Of the claim in cases of temporary visit,

966. Of the claim in cases of overruling necessity,

с

768

770

880.

967. The claim is dependent on the legislative power of the State,

968. Source of the general rule as to the status of the slave returned

from a non-slaveholding State,

PAGE

772

.

772

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

970. Opinions in Dred Scott v. Emerson,

971. Chief Justice Taney's Opinion in Dred Scott v. Sandford,

972. Opinions of Nelson and Grier, JJ., in the same case,

774

775

. 778

977. Of the decision of a State court as the exponent of State law in

the national court,

784

978. Of other possible questions under this branch of the domestic in-

ternational law,

785

CHAPTER XXXII,

THE FOREIGN INTERNATIONAL PRIVATE LAW OF THE UNITED STATES. OF

NATURALIZATION. OF STATUS OF FOREIGN ALIENS. OF THE IMPORTATION

OF SLAVES, AS TRADE AND AS CRIME. OF THE DEMAND AND EXTRADITION

OF SLAVES AND CRIMINALS UNDER THE GENERAL INTERNATIONAL LAW.

982. Of the extent of the powers of the national Government over the

external relations of the United States,

787

983. Of the power of Congress to prohibit the importation of negro

slaves,

787

984. Status of foreign aliens otherwise determined by law of the States, 788

985. Of the slave-trade as crime,

789

986. Of power in respect to colonization,

789

987. Of questions arising between the United States and foreign coun-

Ableman v. Booth, 21 Howard, 506,
Adams v. Gilliam, 1 Patton & Heath, 161,
Aldrich v. Kinney, 4 Connecticut, 380,
Allen, U. S. Dep. Marshal, case of, not reported,
Allen v. Negro Sarah, 2 Harrington, 435,

Altemus v. Ely, 3 Rawle, 305,

Alvany v. Powell, 1 Jones' Equity, 35, .

398

344

374, 503, 562, 592, 667, 708

American Insurance Company v. Canter, 1 Peters, 541,

Amy v. The State, 1 Littell, 326,

Anderson v. Crawford, 15 B. Monroe, 339,

Anderson v. Millikin, 9 Ohio, 568,

Anderson v. Poindexter, 6 Ohio, 623,

Andover v. Canton, 13 Massachusetts, 551,

Andrews v. Herriot, 4 Cowen, 294,

522, 673, 753

13

257, 265

60, 501, 637, 665, 743

76

69

87

190

16

18

121

366, 772

30

257

257

248

773

Andrews v. Montgomery, 19 Johnson, 162,
Armstrong v. Carson's executor, 2 Dallas, 302,
Arsene v. Pigneguy, 2 Louisiana Annual, 620, .

B

Bacon v. The Commonwealth, 7 Grattan, 602,
Baker v. Biddle, Baldwin's C. C., 394,

10

734

Baker v. Field, 2 Yeates, 582,

269