The Law of Freedom and Bondage in the United States, Volumen 1

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Little, Brown, 1858
 

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Use of the term law of nations
17
Of the distinction between persons and things
18
Relations consist of rights and obligations
19
Rights of persons and rights of things distinguished
20
Public and private law distinguished
21
Law applies to territory and to persons 27 National and international law are thus differently applied
23
Origin of law 28 Natural reason acknowledged in positive law
24
Of the authority of judicial precedents 31 Of customary law
26
Of the authority of private jurists
28
Of the authority of universal jurisprudence 35 Unwritten or customary law a part of positive law
30
In what manner international law is derived
32
In what manner international law operates
34
Universal jurisprudence a part of national and of international law 39 The law of nature may be variously received
35
Of liberty as an effect of law
37
The legal and the ethical idea and objective and subjective apprehen sion of liberty
38
Of the condition of freedom and its contraries
39
Use of the term slavery
42
Different kinds of slavery distinguished
43
International law divided into two portions
44
The first portion described a law in the secondary sense
45
The second portion described a law in the primary sense
46
The exposition of law is always historical
47
Of native alien and domiciled subjects
48
The law has different extent to different persons
50
Its extent to persons depends on the will of the state
51
CHAPTER II
53
International law acts on private persons in being enforced by some
60
The tribunal must ascertain the will of the state in the case
66
How later jurists have followed Huber
73
Judicial measure of the allowance of foreign laws under what is call
79
Though disallowed in the forum its incidental effects in the foreign
82
one state 53
85
These principles may operate as internal law as well as interna
88
authority of some national law
89
Universal jurisprudence derived a posteriori becomes applied
95
Personality or legal capacity a necessary topic of private interna
101
Private persons are distinguished by axiomatic principles of universal jurisprudence 54
102
The recognition of chattel slavery under comity limited by universal
107
Action of judicial tribunals distinguished from the autonomic
112
The common law of England accompanied the English colonist
118
The entire body of common law was not as a personal law trans
126
Civil and political liberty liberty by public and by private law
130
The right of property under this personal law existed only in refer
133
Of universal jurisprudence affecting personal condition forming
139
Circumstances determining the eatent of laws of condition in
142
Conception of jurisprudence by the civilians as including ethics
145
sitc PAGE
148
The same doctrine recognized in the jurisprudence of all the
154
Of difference of religious creed as a foundation of chattel slavery
163
Slavery not regarded by a state as contrary to Christianity if sus
175
Case of Gelly v Cleve
181
Of the origin of the law to be ascertained either in legislation
250
tº Rhode Island
273
South Carolina
293
Of an international or quasiinternational law arising from such
315
Origin and continuance of law determining the condition of
321
247
325
Of the deficiency of legislative enactments on this topic
329
254
331
Authorities on the law of the Netherlands
335
264
342
The criterion of property is to be taken from these writers
348
273
350
The traffic in negro slaves was recognized by all the maritime
353
282
358
291
364
309
374
Of the universal reception of such maxims in international law 54
377
decision 182
379
Of the erercise of judicial power by the national Government
405
Effect of a conversion to Christianity upon slavecondition how
411
sec PAGE
420
Distribution of power to modify the effects of common law includ
426
Case of Pearne v Lisle Hardwicks decision 185
436
sec PAGE
437
But common law is incidental to the exposition of the written
443
sec PAGº
456
Statement of the third maxim 58
457
sec pAGE
474
Rules of common law origin may have national extent as personal
480
tion of sovereignty
487
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
Jurisdiction is to the tribunals matter of duty if of power
501
How judicial action may be discriminated
507
The individual constituents of the people of the State are desig
513
Presumption that the existing State Governments are republican
515
The distribution of power over status is not the same as during
520
Similarity of this inquiry to that of the extent of the power
521
SEC PAGE
523
Supposed sanction for legislation reducing free blacks to slavery
527
SEC PAGE
535
Views taken by Justices McLean and Curtis
541
Doctrines of the equality of the States in respect to the territory
549
Of the doctrine as a political principle
555
Fallacy in the doctrine that by its operation slaves are property
561
Or in the universal jurisprudence of all juridical nations
567
Ambiguous use of the term positive law
575
Illustrated in an extract from Senator Benjamins speech
581
The three functions of sovereignty are necessarily combined in
591
Political liberty in the States regarded as a private right depends
601

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Página 472 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
Página 520 - The purposes for which men enter into society will determine the nature and terms of the social compact ; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature and ends of legislative power will limit the exercise of it.
Página 127 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
Página 128 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Página 280 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
Página 514 - And to be commanded we do consent, when that society whereof we are part hath at any time before consented, without revoking the same after by the like universal agreement. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.
Página 246 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 463 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government.
Página 118 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.
Página 259 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...

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