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

Little, Brown, 1862

From inside the book

Էջ 208
... 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 involving title to slaves the said writs of error or appeals ...

Էջ 213
... be submitted to the Congress of the United States , and , if disapproved , shall be null and of no effect . " 9. Allowing appeals to the Supreme Court of the United States , and provides for cases of title to slaves and of possession of ...

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CHAPTER	xxxi

The cases Commonw v Holloway Hill v Low and Worthington v Preston	xliii

OF FREEDOM AND ITS CONTRARIES THE SUBJECT CONTINUED	1

XX	3

66	9

542	13

543	19

544	34

The power cannot be derived by implication	537

The argument applied against the first and second construction	543

Argument from the preexisting law relating to fugitives from	549

Of other defects in Judge Storys argument	552

Of the various questions which arose in the case of Prigg v Penn	557

Of cases arising under these provisions	569

The condition of persons is primarily determined by the judicial	587

Under either theory there is place for international private law	594

Of the comparative adequacy of the judicial function to the objects	39

549	41

550	48

CHAPTER XXVIII	55

The case of Commonwealth v Griffith	57

551	61

553	67

554	74

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

555	81

556	89

557	95

Legislation of the State of Ohio	110

Authorities on the quality and source of the powers exercised by the Governors	113

560	123

26	132

563	141

66	147

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS	154

39	157

66	165

567	166

569	174

572	186

575	195

578	211

580	218

Slaves ceased to be absolute chattels before the Constitution	225

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT	234

Argument by interpretation of shall not be discharged	235

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES THE SUB	244

Opinion of Washington J in Green v Sarmiento	252

Language of Madison in the Federalist	258

Theory of Taney Ch J in Kentucky v Dennison	262

66	270

Of the claim in cases of temporary visit	275

Inapplicability of the doctrine that slaves are chattels	275

District of Columbia	275

How citizenship as well as subjection under another jurisdiction	275

Rhode Island	290

66	294

CHAPTER XXIV	342

46	345

Of the authority found in the legislation of Congress	355

The next portion supporting the third construction	365

The existing right of the owner is not property by international	370

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

SEC PAGE 700 Authorities on the general interpretation of the terms	392

39	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

66	453

Statement of various questions arising under this clause	461

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

46	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

34	510

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

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 Peter alias Lewis Martin	528

The case of the United States v Buck	529

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

SEC PAGE	531

SECTIONS OF THE FOURTH ARTICLE OF THE CONSTITUTION	535

Discrimination of portions of the Constitution in reference to	600

A more condensed statement of the rule of interpretation	606

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

Indeterminate use of the word magistrate 878 Ordinary magistrates could not represent the State politically 879 The language of Story to be interpret...	610

Opinions of Lewis Kent Radcliff Thompson and Livingston JJ	612

OF	619

Argument from basing legislation on the fourth construction	620

Of the word citizen as used twice in this clause	626

Inquiry as to remedial process	627

Opinion of Chief Justice Whiton in Booths case 895 Opinion of Judge Crawford in Booths case 896 Decision of the Supreme Court of the U S in Boo...	630

456	634

Pennsylvania	635

Opinion of Taney Ch J in Dred Scotts case	636

Kents commentary on this clause	642

examined 643	643

644	644

Delaware	647

The anterior action of the constituent parties is here to be	648

457	651

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

Of State legislation as authority in this inquiry	661

Notice of various judicial opinions bearing on this inquiry	662

Of decisions against rights claimed to be supported by this pro vision	663

Language of Kent and Story	664

Distinction between citizens sojourning and seeking a domicil	665

Weight of authority in favor of a measure of privilege given by the law of the forum	666

Argument from the personal extent of common law in the colo nies that the measure is national and not local	667

Tennessee	668

Of other important consequences of this doctrine	669

66	670

Of three different grounds on which the claim of slaveownership by a citizen of another State may be urged	671

Citation of the earlier cases	672

Citation of the various Opinions in the case of Lemmons slaves	673

Opinion of Bartley Ch J in Anderson v Poindexter	674

The general measure of privilege recognized by the authorities ex cludes the claim in a free State	675

The common law of England if a continuing measure of privilege does not support the claim	676

The private international law anterior to the Constitution if the measure of privilege does not support	677

Nor does the doctrine of judicial comity as the measure because comity is subject to legislative alteration 79 Failure of the argument from the anterior...	678

Defect in the argument from decisions under the older Act	681

Mistake in arguing from the character of the act of judgment	683

State of Kansas	684

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

Bearing of the decisions justifying seizure and removal	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

Opinion of Judge Whiton in the same case 712	712

Remarks of Judge Crawford on the same case	715

Opinions cases of Bushnell and Langston	716

Opinions of Commissioners Curtis and Loring	719

Opinion by Mr B R Curtis	720

The arguments discriminated	723

Of the argument in the parallel with the delivery of fugitives from justice	724

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

Meaning of the word suit	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	743

Georgia	744

224	754

Of the domestic slavetrade and Opinions in Groves v Slaughter	761

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

465	779

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 slavetrade as crime	789

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

PAGE	791

582	793

225	795

768	798

81	799

244	800

584	805

319

249

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

Act of Congress act to prevent action adopted amending apply argument arrest Articles of Confederation authority certificate citizens claimant clause Code commissioner common law Constitution construction crime decision declared delivered doctrine 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 imprisonment Indiana Territory international law Judge judgment judicial power jurisdiction law of Congress legislation legislature liberty Louisiana magistrate manumission master ment Missouri mulatto person national Government negro or mulatto offence officers opinion owner party penalty person claimed persons of color power of Congress Prigg's private international law private law private persons proceedings prohibit provision punishment question recognized reference relation remove repealed reside respect rights and obligations servants service or labor slavery Stat statute Supreme Court Territory tion trial by jury United writ

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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