CONTENTS. xxxix 475. Presumption that the existing State Governments are republican, 515 476. Civil liberty in each of the States may have a constitutional basis, 515 Conditions of the tenure of power by State Governments. 477. Powers of the States are residuary in respect to those held by the 486. State power over personal condition has not been increased since 487. Except as restrained by quasi-international provisions, personal status depends on State power, 488. The power of the national Government in the Territories, &c., is 491. Supposed sanction for legislation reducing free blacks to slavery, . 527 492. The guarantee of private property as extending to rights in respect Judicial opinions on this point in Dred Scott v. Sandford. 541 542 546 Argument that the legislative power is not thus restricted. 506. That, in this case, no principle for denying the power was support- ed by a majority of the court, 507. Fallacy in the doctrine that in the Constitution slaves are referred 508. Fallacy in the doctrine that by its operation slaves are property 509. The doctrine of property in slaves as set forth in Chief Justice 510. Of the support of the power by its former customary exercise, 511. Of the rejection by the Chief Justice, in this question, of the laws 512. Necessity of a customary standard of property, 513. The customary standard must be identified with the national juris- 514. The standard is found in the customary law of all civilized nations, 515. Or in the universal jurisprudence of all juridical nations, . 516. Which was part of the American law having national extent and Slavery in the United States does not rest on a national common law. 520. That slavery rests on national common law is implied in Chief CONTENTS. xli 522. Historical proof that slavery rests on local common law, 523. The question of the lawfulness of slavery in the Territories is one 574 Of confusion arising from deficiency of terms. 527. Illustrated by Chief Justice Shaw in Commonwealth v. Aves, 528. Illustrated in an extract from Senator Benjamin's speech,. 529. And in his reply to Senator Collamer, 530. Of Lord Stowell and Judge Story as cited by Senator Benjamin, Theories of the power of the national Government in the Territories. 532. Conditions of the exercise of executive and judicial power in the 533. Inconsistency in denying the legislative power in Congress, 534. The idea that the national Government may remain neutral in re- Of the further exposition of the local municipal law. INDEX OF CASES. THE REFERENCE IS TO THE PAGE. A Albany Fire Ins. Co. v. Bay, 4 Comstock, 1, 133 Alfred v. Marquis of Fitzjames, 3 Espinasse, 3, 380 495, 504, 508 American and Ocean Ins. Cos. v. Canter, 1 Peters, 511, 453 115 116, 117 Attorney General v. Stewart, 2 Merivale, 143, B Bank of Augusta v. Earle, 13 Peters, 519, Bank of the United States v. Norton, 3 Marshall's Ky., 422, Belt, case of, 7 N. Y. Legal Obs., 80, Betty v. Horton, 5 Leigh, 615, Blankard v. Galdy, 4 Mod., 215, and Salkeld, 411, Bodley v. Gaither, 3 Munroe, Ky., 57, Bonham's Case, 8 Coke, 118, Booth and Rycraft, cases of, 3 Wisconsin, 1, Boucaut, case of the negro, 15 Causes Célèbres, Braddee v. Brownfield, 2 Watts and Serg., 275, Braynard v. Marshall, 8 Pickering, 194, Buckner v. Finley, 2 Peters, 586, Butler v. Craig, 2 Harris & McHenry, 214, Butt v. Rachel, 4 Munford, 209, Buckwalter v. the United States, 11 Serg. and Rawle, 193, Butts v. Penny, 2 Levinz, 201, and 3 Keble, 785, Mod. 187, Chisholm v. Georgia, 2 Dallas, 419, Carpenter v. Providence Ins. Co., 16 Peters, 495, Carlton, case of, 7 Cowen, 471, Chambers v. Warkhouse, 3 Levinz, 336, Chamberlayne v. Harvey, 1 Ld. Raymond, 147, Carthew, 396, and 5 Chinn v. Respass, 1 Munroe, Ky., 25, 491 495 180 181, 379 243, 359 408 127 139 520 431, 493 116 27 127 258, 576-579 Cushing, 11 Mass., 67, 495 Corporation of New Orleans v. Winter, 1 Wheaton, 91, Craw v. Ramsey, Vaughan, 292, 340, 342, 358, 373, 406, 408, 409, 412, 435-437, 440-463, 471, 490, 491, 517, 528-558, 589. Dutton v. Howell, Shower's Parl. Cases, 24, . 116 |