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

John Codman Hurd

Little, Brown, 1858

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CONTENTS	xlii

LAW DEFINED AND DIVIDED ITS OBJECT ORIGIN EFFECT AND EXTENT	1

The natural law being law in the primary sense is determined	7

Of national law otherwise called municipal	9

Insufficiency of Blackstones definition of municipal law	15

Of the distinction between persons and things	21

Natural reason acknowledged in positive law	28

7	32

Opinion of Gudelin on this point	318

International effect of common law as a law personal to the	324

Of the deficiency of legislative enactments on this topic	329

Change of sovereignty in the Revolution	330

Authorities on the law of the Netherlands	335

The word people in the constitutions designates only a portion	336

The customary law of France as exhibited in the case of Verdelins	342

Of the territory occupied by the original thirteen States	347

Of the authority of universal jurisprudence	34

Of individual and relative rights	40

The first portion described a law in the secondary sense	49

The law has different extent to different persons	55

Private persons are distinguished by axiomatic principles of universal	61

Statement of the third maxim	67

The tribunals of the forum recognize the lawfulness of slavery	71

Judicial comity is in fact customary law	80

Though disallowed in the forum its incidental effects in the foreign	82

33	84

Laws of different origin but similar in effect	86

These principles may operate as internal law as well as interna	88

110	94

Judicial allowance of effects ascribed to universal jurisprudence	96

53	98

How laws of universal personal extent may be judicially discrim	102

Laws of personal condition or status may receive international	108

Conditions not so supported may still be sustained by what is called	114

On a change of sovereigns the territorial law of a country con	123

The legal and the ethical idea and objective and subjective apprehen	129

The idea of civil freedom includes that of a political guarantee	135

Circumstances determining the extent of laws of condition in	142

57	144

How the fact of such change may be known	158

remains	160

ggསྤྲ	163

in modern times	165

Slavery not regarded by a state as contrary to Christianity if sus	175

Case of Butts v Penny	181

Case of Shanley v Harvey Northingtons decision	187

The territorial and personal extent of laws of condition depends	192

Necessity of recurring to principles of universal jurisprudence	198

Status of the baptized African or Indian how determined by custo	204

59	209

Origin of the servitude of white persons for terms of years	210

National law affecting the subject distinguished from local law	213

Europeans	221

Legislation of Virginia	228

Public and private character of the law determining the condition	239

The right of the owner of slaves how far resting on national	245

220	254

222	267

Effect of a conversion to Christianity upon slavecondition how	268

Why universal jurisprudence must be taken as determining prop	271

223	273

Slavery recognized under the rule only when maintained by uni	277

66	281

82	283

Might be recognized on this ground in places where slavery con	289

227	291

Reference to the means of distinguishing the extent of laws	295

229	297

Attribution of individual rights where some do not actually enjoy	301

Its extent so determined in Massachusetts and the British Islands	307

CHAPTER VII	312

The criterion of property is to be taken from these writers	348

Quality of political liberty variable according to its distribution	353

Twofold nature of the Constitution being evidence of fact and	359

Supremacy of the national judiciary in determining the law con	365

Effect of such exception in the allowance of foreign law under what	366

Decision of Supreme Court that negroes are not citizens as	371

Nor sustained by the law having a national and personal extent	372

International law based on the possession of sovereign power by dis	377

Necessary variety in the personal extent of law	380

This international law is determined by the different sources of	386

Powers of the States in respect to naturalization of domestic aliens	392

Stowells overstatement of the previous recognition of its law	396

International law divided into domestic international law and for	401

Reference to the distinction between legal persons and legal things 458	407

Rights which must be attributed to the individuals composing that	413

There is no national abnegation of power to limit personal liberty	419

Liberty as secured by the Constitution is definable only by refer	420

Distribution of power to modify the effects of common law includ	426

Individual rights may be attributed by laws of universal personal	432

SEC PAGE	437

The jurisdiction can be exercised only by courts of ordinary	456

Distinction of the administrative and the judicial application	462

How legal conclusions might be different for England and	464

The relation of master and servant under the law so transferred	471

Of that international law which is derived from the several jurid	473

ВЕС	474

Of powers whose nature may vary by their investiture in the	475

Distinction of the early State Governments as restricted or not	480

Law is in extent either territorial or personal	486

tion of sovereignty	487

Reasons for not first distinguishing those laws as either national	491

The guarantee of private property as extending to rights in respect	492

Illustration in civil and criminal jurisdiction	493

The determination of personal condition is not included under	494

First distinction of those laws as either internal or international	498

The States may limit the application of their several judicial	499

Of the doctrine as a political principle	503

CHAPTER XVI	511

131	519

Ambiguous use of the term positive law	524

The States determine the status of persons in respect to the action	525

Argument that the legislative power is not thus restricted	529

Of Lord Stowell and Judge Story as cited by Senator Benjamin	530

Mr Justice Daniels opinion	533

The laws of the several States have no territorial extent beyond	536

Means of distinguishing the sources from which the private law	549

Of the territorial limits of the States	556

Fallacy in the doctrine that in the Constitution slaves are referred	560

Their possession of sovereignty is a fact above the national Con	564

The standard is found in the customary law of all civilized nations	566

The three functions of sovereignty are necessarily combined in	588

Law as opposed to liberty is under the Constitution a rule already	601

Laws of universal personal extent discriminated by judicial action	604

ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES THE SUBJECT CON	610

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제목	The Law of Freedom and Bondage in the United States, 1권 30338-30355호/19th-century legal treatises The Law of Freedom and Bondage in the United States, John Codman Hurd
저자	John Codman Hurd
발행인	Little, Brown, 1858
소장	미시간 대학교
디지털화된 날짜:	2008년 9월 18일
ISBN	0837138981, 9780837138985

서지정보 내보내기	BiBTeX EndNote RefMan

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