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CONTENTS. "xxix

nc. PAGE

293. Classification of the preceding views of the question, . . 365

294. After these considerations the reference to what is called comity

remains, ....... . 360

295. Reference to the means of distinguishing the extent of laws, . 366

296. Personal liberty not then attributed to all in Massachusetts and

the British Islands by legislation. .... 366

297. Effect of former international recognitions of slavery, . . 367

298. If liberty attributed by internal law to all in Massachusetts and the

British Islands, . . . . . .367

299. Legal personality may have been attributed to all, . . 368 300. Supposed insufficiency of such attribution, if of legal personality

merely, ....... 368

301. Attribution of individual rights where some do not actually enjoy

personal liberty, ...... 369

302. How this may have been in Massachusetts or the British Islands, 370

303. Reasons against admitting their universal extent in Massachusetts, 370

304. Personal liberty not then enjoyed by all in the British Islands, . 370

305. How a natural law is distinguishable in this connection, . 371

306. The extent of the local law determinable by reference to foreign

decisions, ....... 372

307. Its extent, so determined, in Massachusetts and the British Islands,

precluded comity, ...... 372

Application of the foregoing to Lord Mansfield's reasons for his
decision.

308. The judgment vindicated by international law operating in three

forms, ....... 373

309. Inconsistency of Lord Mansfield resulting from his doctrine of pub

lic law, ....... 374

310. The nature of the inconsistency further explained, . . 375

311. Further illustration of the same, ..... 375

312. Attempt to state the correct doctrine of international law in such

case, ... .... 377

313. Whether negro slavery had, before that case, been lawful in

England, ....... 378

314. Stowell's over-statement of the previous recognition of its law

fulness, ....... 378

315. The previous practice of holding negroes in bondage there, why

not legalized, ....... 379

316. How legal conclusions might be different for England and the

colonies, ....... 381

OF THE PRIVATE INTERNATIONAL LAW OF THE COLONIAL rERIOD THE

SUBJECT CONTLNUED OF DOCTRINES OF THIS LAW APPLYING TO CASES OTHER THAN THOSE RESEMBLING SOMERSET'S CASE.

General principle derived from the jural character ofall law.

SEC. PAGE

317. The tribunals of the forum recognize the lawfulness of slavery in

the place of domicil, ...... 383

Question of status on return to slave domicil.

318. Opinion of Gudelin on this point, .... 384

319. Position of slave, in the modern case, like that of manumitted

slaves, ....... 384

320. If he had before been a chattel slave he must have acquired person-

ality and domicil, ...... 386

321. How possibly otherwise if not a chattel but a legal person in

bondage, ....... 386

Other questions of private international law.

322. The master's claim customarily decided by the judiciary, not the

executive, ....... 887

323. Deficiency of juristical opinion on other supposable cases, . 388

324. International effect of common law as a law personal to the Eu-

ropean colonist, ...... 388

325. The owner's property was not jtt<m-internationally guaranteed by

that law, . .389

326. The condition of a free negro was not juasi-internationally guaran-

teed by a national law, ...... 390

327. Whether any disabilities of the emancipated negro were ascribed

to a universal jurisprudence, ..... 390

328. Negro slavery not longer ascribable to the law of nations, meaning

universal jurisprudence, ..... 391

329. The slave-trade not then contrary to the law of nations, in the

sense of international law, ..... 392

CHAPTER XI.

OF THE INVESTITURE IN THE PEOPLE OF THE SEVERAL STATES AND OF

TOE UNITED STATES OF THAT SOVEREIGN POWER WHICH IS THE BASIS

OF CONDITIONS OF FREEDOM OR OF BONDAGE.

How the possession of sovereign power may be determined.

SIC. PAGE

330. Change of sovereignty in the Revolution, .... 394

331. Of the relation between freedom and law, . . . 394

332. The possession of sovereign power is not determined by law in the

ordinary sense, ....... 395

333. Its possession is an historical question, . . . 396

334. The written constitutions of the United States presuppose an exist-

ing sovereignty, ....... 390

335. The facts indicating the possession of sovereignty may be differently

understood, ....... 398

History of the change which occurred in the Revolution.

336. The word people in the constitutions designates only a portion of

the inhabitants, ...... 398

337. How this people was discriminated at the time of the Revolution, 399

338. Sovereignty before that time had been held by the local govern-

ments, . . . . . . . .399

339. Change in the location of sovereign power which occurred in the

Revolution, ....... 400

340. The people distinguished by their action in the Revolution, . 401

341. National and local power were not simultaneously transferred, . 403

342. The people of the United States assumed a national sovereignty, 403

Of the manner in which sovereignty has l/cen held vy the people of

the United States.

343. Their corporate existence as the people of distinct States continued

of necessity, ....... 404

344. But the principle of majority did not necessarily obtain in their na-

tional existence, ...... 405

345. The same integral nationality was manifested in the Revolution, in

the Confederation, and in the Constitution, . . . 406

346. Statement of the theory of the location of sovereignty under the

Constitution which is here adopted, .... 407
XXXU CONTENTS.

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