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XXIV CONTENTS. CHAPTER V.

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES—THE SUBJECT'

CONTINUED. PRINCIPLES DETERMINING THE CONDITION OF PERSONS

TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL LAW.

Circumstance* determining the extent of laws of condition in the

colonies.

SEC. PAGE

192. The territorial and personal extent of laws of condition depends on

some possessor of sovereign power, .... 195 193. Distinction between the personal and territorial extent of the

English law of free condition, ..... 196 194. The liberties of the colonists ascribed to positive law, not to natu-

ral law, 197

Of law determining the condition of persons not of European race.

195. Classification of natural persons in the colonies who were alien to

the law of England, . . . . . .198

196. The law applicable to the original inhabitants, how derived, . 199

197. The law applicable to persons coming from other countries was a

part of international law, ..... 200

198. Necessity of recurring to principles of universal jurisprudence, 201

199. Of such principles determining the condition of the aboriginal in-

habitants, ....... 202

200. Of such principles supporting the introduction of negro slaves, 205

201. Negro slavery an effect of customary law, . . . 206

202. Term colonists in the charters how to be understood, . . 207

203. Power of the imperial government to determine the condition of

imported negroes, ...... 208

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

mary law, ....... 209

205. The condition of slavery an effect of the local law of a colony, 212

206. Of the Roman law of manumission, . . . .213

207. Condition of the free Indian or emancipated negro was an effect of

the local law of a colony, . . . •. 214

208. The two systems of personal laws were equally jural in character, 217

Of other laws determining the condition of white persons.

209. Extension of the English law of free condition to colonists of other

European nations, . . . . . .217

210. Origin of the servitude of white persons for terms of years, . 218

211. Legal incidents of the condition of such persons, . . . 220

212. Extension of English dominion in territory first occupied by other

Europeans, ...... -js.221

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BKC. PAGE

233. Of a distributed possession of the sovereign powers of a state or

nation, ........ 314

234. Of an international or quasi-international law arising from such

distribution, ....... 315

Of the international relations of the different parts of the British

Empire.

235. Sovereign powers, how distributed in the empire during the colo-

nial period, ....... 315

236. Of jurisdiction, and its recognition in private international law, 316

237. Of domicil as distinguished in the international law of status, . 316

238. Of the portions of the British empire distinguished in respect to

jurisdiction and domicil, ..... 317

Characteristics of the law determining the condition of persons not

domiciled.

239. Public and private character of the law determining the condition

of aliens in a colony, ...... 318

240. The condition of such persons as affected by circumstances already

stated, . ....... 318

241. Of a distinction among such persons according to differences of

physical constitution, ...... 319

242. Origin and continuance of law determining the condition of the

alien of white race, ...... 320

243. Origin and continuance of law determining the condition of the

alien of African or Indian race. .... 321

244. The condition of the last, whether bond or free, determined by the

local sovereignty, ...... 322

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

of the empire, ....... 323

240. Franchises enjoyed by persons of African or Indian race were not

supported by the national law, .... 324

247. Bondage of indentured white servants partially sustained by the

national law, ....... 325

248. The law applying to such persons is properly described as interna-

tional law, ....... 326

249. Character of the law applicable to minor apprentices, . . 326

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CONTENTS. XXVH

CHAPTER VIII.

OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL PERIOD AFFECTING CONDITIONS OF FREEDOM AND BONDAGE—THE SUBJECT CONTINUED

OF ITS ACTUAL EFFECT OR OPERATION.

Of law on this subject derived from a colonial source.

SEC. , PAGE

250. Of the origin of the law to he ascertained, either in legislation or

in judicial decision, ...... 328

251. Of the deficiency of legislative enactments on this topic, . 329

252. Of the deficiency of recorded colonial judicial decision on this

topic, ........ 330

253. Probable international practice with reference to white servants

and minor apprentices, ..... 330

254. The term servants in intercolonial agreements probably included

slaves also, ....... 331

Of law on this subject derived from British precedents.

255. Of the case of Somerset as a precedent of international law, . 331

256. Of two Scotch cases having the like character, . . 332

257. Authority of such cases compared with that of foreign precedents, 333

Of law on this subject as derived from foreign precedents.

258. Reasons for recognizing a customary international private law, in-

dependent of what is called comity, .... 333

259. Authorities on the law of the Netherlands, . . . 335

260. Case of the Polish refugee in Holland, . . . .330

2G1. Authorities on the law of France, .... 336

262. Authorities on the law of Germany, .... 339

263. Of the distinction of race as noticed or not in these authorities, 340

264. The customary law of France as exhibited in the case of Verdelin's

slaves, and of Francisque, ..... 342

265. The rule against the recognition of slavery, as derived from these

authorities, ....... 344

Of the rule of property of alien owner in transit protected by inter-
national law.

266. How Puffendorf and Vattel are commonly cited on this point, . 345

267. Vattel's statement of the stranger's right of transit, . . 345

268. His limitation of the extent of this right, .... 347

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

270. Neither writer recognizes men as objects of property, . . 348
XXV111 CONTENTS.

CHAPTER IX.

OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL PERIOD AFFECT-

INO CONDITIONS OF FREEDOM AND BONDAGE—THE SUBJECT CONTINUED EXAMINATION OF SOMERSET'S CASE IN THIS CONNECTION.

View of the general principles applicable to the circumstances of this

case.

278. In what connection such cases are here considered, . . 355

279. Reference to doctrines of private international law stated in the

second chapter, ....... 355

280. The doctrine of universal jurisprudence anteriorly applied to the

negro race, ....... 35G

281. How far, as part of English common law, it had sustained slavery, 357

282. Slavery of negroes attributable to it only while heathens, . 358

283. Slavery not attributable to it if not an absolute chattel condition, 359

284. If not so attributable, slaves not property at common law nor un-

der the rule of transit, ...... 359

285. Universal jurisprudence, known in the practice of nations, might

have changed, ....... 360

286. Proof that it had changed, again stated, . . . 360

287. Slavery therefore not supported by universal jurisprudence, . 361

288. Nor by English common law, nor the international rule of transit, 362

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

tinued, 362

290. But not known as effect of universal jurisprudence when rejected

in the internal law, ...... 363

291. Hence, not so known in Massachusetts and the British isles; inde-

pendently of foreign precedent, .... 364

292. Nor sustained by the law having a national and personal extent for

the master, ....... 364

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