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

Front Cover
Little, Brown, 1862
 

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Contents

550
48
The power cannot be derived by implication
53
552
61
553
67
554
74
Opinion of Taney Ch J in Kentucky v Dennison on the quality
80
555
81
556
89
557
95
558
101
Legislation of the State of Ohio
110
Authorities on the quality and source of the powers exercised by the Governors
113
560
123
Indiana
137
565
143
CHAPTER XIX
154
437
155
Missouri
171
570
177
Private international law in its connection with the local laws
183
572
186
575
195
Opinion of McLean J in the same case
198
578
211
580
218
BEC PAGE
219
Of provisions in the Constitution creating an exception
225
Powers of the States and National Government in applying inter
229
SEC PAGE
234
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
SEC PAGE
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized
264
CHAPTER XXIII
270
The personal extent of the term and the degree of privilege indi
277
Opinion of Taney Ch J in Dred Scotts case
280
Opinion of Daniel J concurring
298
Opinion of McLean J dissenting
300
Storys commentary on this clause
314
Storys commentary on the same word in the third Article
315
Kents commentary on this clause
317
Kents remarks on negro citizenship
318
Order of inquiry in determining the personal extent of the term citizen
319
Reason for recurring in this inquiry to the general practice of na tions
321
When citizen would be distinguished from subject in inter national compacts
322
Of the force of personal distinctions ascribable to universal juris prudence
325
The anterior action of the constituent parties is here to be re garded
328
Of distinction of persons in respect to capacity for citizenship du ring the colonial period
329
Conclusion that interpretation limits the term to whites
330
Of the Articles of Confederation as an index of that intention
331
Importance in arguing from legislation of remembering the dou ble meaning of the term citizen
334
Argument from the use of the word in other clauses of the Con stitution
336
Weakness of any argument from intention
338
Of the capacity of persons who are neither of negro or of the Cau casian race
339
The personal extent of the term citizen is not determinable by the State police power
340
Of the meaning of the word State in this clause
341
Question between a or local measure of privilege
342
Of decisions against rights claimed to be supported by this pro
349
Of the police power of the States as possibly limiting the extent
355
Opinion of Bartley Ch J in Anderson v Poindexter
366
The existing right of the owner is not property by international
370
CHAPTER XXV
377
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
Standard of interpretation stated
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
Or the interpretation of State in this clause
415
Not affected by the Ordinance of 1787
419
CHAPTER XXVI
421
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
The case of Allen U S Dep Marshal
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
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 question of construction examined
524
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 often mis understood
530
Of the law applying to foreign aliens
533
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
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
Correspondence of this view with the fourth construction
584
Bearing of the legislation of Congress respecting fugitives from labor
585
Of the absence of judicial opinion supporting this view
591
CHAPTER XXVIII
598
Argument from the general character of the Constitution 54
601
Of the persons affected by these Acts
604
SEC PAGE
608
The obligation to deliver fugitives from justice is not necessarily
612
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
Cases before Priggs case
631
Opinion of Judge Shaw in Sims case
653
SEC PAGE 897 Language of Judge McLean in Robinsons case
673
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
Nor does the doctrine of judicial comity as the measure because
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
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 udge Smith in Booths case
708
Opinion of Judge Whiton in the same case
712
Argument from the preexisting law relating to fugitives from
715
Opinions in 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
The case of Hill v Low
740
Of an objection to the testimony allowed by the Act
743
Of another objection to such testimony
744
SEO PAGE
745
Opinions of Senator Bishop and Chancellor Walworth in that case 450
746
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
Of the power of Congress to prohibit the importation of negro
766
Or the claim in cases of temporary visit
768
465
779
Status of foreign aliens otherwise determined by law of the States
788

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Common terms and phrases

Popular passages

Page 177 - 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.
Page 153 - into the Union of the United States and admitted as soon as possible, according to the principles of the federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the meantime they shall be maintained and protected in the
Page 206 - times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State; and provided, further, that, when admitted as a State, the said Territory or any portion of the same shall be received into the Union with or without slavery, as their Constitution may prescribe at the
Page 243 - and the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the States from whence the same are or shall be taken.
Page 3 - to all rights, privileges and immunities of free citizens in this Commonwealth, and shall have free egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the saine duties, impositions and restrictions as the
Page 32 - all men are born free and equal, and have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties ; that of acquiring, possessing and protecting property, and in fine of seeking and obtaining their safety and happiness.'
Page 198 - 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) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the
Page 111 - 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, import, or duty therefor.
Page 125 - There shall be neither slavery nor involuntary servitude in this State otherwise than for the punishment of crimes whereof the party shall have been duly convicted. Nor shall any indenture of any negro or mulatto hereafter made and executed out of the bounds of this State be of any validity within this State.
Page 111 - 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, import, or duty therefor.

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