The Law of Freedom and Bondage in the United States, Հատոր 2

Little, Brown, 1862

From inside the book

Էջ 208
“ All laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States , and , if disapproved , shall be null and of no effect . ” 10. Vesting the judicial power - provides that “ in all cases ...

Էջ 213
... property of the United States ; and provides that " all the laws passed by the Legislative Assembly and governor shall be submitted to the Congress of the United States , and , if disapproved , shall be null and of no effect . ” 9.

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393 394	xxxi

398	xxxiii

CHAPTER XVII	1

SEC	6

66	9

543	19

515	28

546	34

Argument from the similar provision in the Articles of Compact of the New England colonies	571

Of defects in Judge Storys argument	573

Argument that only a delivery on claim made before public author ity was intended	574

Of other defects in Judge Storys argument	578

Theory of Taney Ch J in Kentucky v Dennison	580

Consequences of this theory	581

Inconsistency of this theory with other received doctrine	582

Bearing of authorities on the provision respecting fugitives from justice	583

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

Այլ խմբագրություններ - View all

The Law of Freedom and Bondage in the United States, Հատոր 2
John Codman Hurd
Ամբողջությամբ դիտվող - 1862

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Common terms and phrases

according act of Congress action adopted allowed amending ante appear apply arrest authority born brought carry certificate charged citizens claim clause Code color common condition considered Constitution construction contained court crime decision delivered demand determined District doctrine domicil duty effect emancipation enacted entitled escaped established evidence executive exercise existing extent force free negroes free persons freedom fugitive give given governor grant held hold importation inhabitants intended issue Judge judgment judicial power jurisdiction jury justice labor legislation limits master meaning mulatto nature necessary obligations offence officers operation opinion owner party passed penalty persons political prevent principles privileges proceedings prohibit provision punishment question recognized reference regarded regulations relation remove repealed reside respect rule says seems servants slavery slaves statute taken term Territory tion trial Union United

Սիրված հատվածներ

Էջ 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.‎

Հանդիպում է 1819-2008-ը 818 գրքում

Էջ 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.‎

Հանդիպում է 1796-2008-ը 891 գրքում

Էջ 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.‎

Հանդիպում է 1796-2008-ը 345 գրքում

Էջ 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.‎

Հանդիպում է 1830-2005-ը 175 գրքում

Էջ 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...‎

Հանդիպում է 1801-2008-ը 770 գրքում

Էջ 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.‎

Հանդիպում է 1815-2006-ը 276 գրքում

Էջ 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.‎

Հանդիպում է 1798-2006-ը 499 գրքում

Էջ 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.‎

Հանդիպում է 1803-2008-ը 301 գրքում

Էջ 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...‎

Հանդիպում է 1825-2007-ը 287 գրքում

Էջ 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.‎

Հանդիպում է 1796-2008-ը 677 գրքում

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Վերնագիր	The Law of Freedom and Bondage in the United States, Հատոր 2 American culture series Library of American civilization PCMI collection Slavery pamphlets The Law of Freedom and Bondage in the United States, John Codman Hurd
Հեղինակ	John Codman Hurd
Հրատարակիչ	Little, Brown, 1862
Original from	Հարվարդի համալսարան
Digitized	4 Օգոստոս 2006

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