페이지 이미지
PDF

Private law in the United State* distinguished by its personal extent.

SEC. FAOK

380. Necessary variety in the personal extent of law, . . . 441

381. Alienage in international and internal law, . . . 442

382. International relation of those among whom the sum of sovereign

power is distributed, ...... 443

383. In their local sovereignty the States are towards each other like in-

dependent nations, ...... 443

384. Alienage in respect to national and local law; foreign and domestic

aliens distinguished, ...... 444

Of international law as a part of the internal laws of the United

States.

385. National municipal law of the United States includes international

law, ........ 445

386. This international law is determined by the different sources of in-

ternal law, ....... 445

387. Applied in the United States to two classes of aliens, called foreign

and domestic aliens, ...... 446

388. How far necessarily the same in all the States; how far may be

different, ....... 447

389. A portion of this law may be contained in the Constitution of the

United States, ....... 448

390. Incidents of naturalization to be considered, . . . 449

391. Powers of the States and of the national Government in respect to

naturalization of foreign aliens, .... 450

392. Powers of the States in respect to naturalization of domestic aliens, 451

393. Basal questions in determining the relations of foreign aliens, . 451

394. Basal questions in determining the relations of domestic aliens, 451

395. Public and private character of international law comprehended in

the national law, ...... 452

396. Of that international law which is derived from the several jurid-

ical powers of the States, ..... 452

397. International law in the Territories regarded as jurisdictions, having

a local law, ....... 453

Classification of the laws of the United States with reference to
these incidents.

398. Reasons for not first distinguishing those laws as either national or

local, 454

399. First distinction of those laws as either internal or international, 455

400. Internal law divided into national and local internal law, . . 455

[graphic]

CONTENTS. XXXV

IBC. PAOE

401. International law divided into domestic international law and for

eign international law, ...... 455

402. Domestic international law subdivided, . . . 456

403. Foreign international law subdivided, .... 456

404. Personal status to be considered as an effect of these divisions of

the law, ....... 457

CHAPTER XIV.

THE NATIONAL MUNICIPAL (intebnal) LAW OF THE UNITED STATES ITS

EFFECT UPON CONDITIONS OF FREEDOM AND ITS OPPOSITES.

Of the Constitution as a legislative determination of the rights of
private persons.

405. National municipal law to be considered as affecting individual

rights and legal capacity, ..... 458

406. Reference to the distinction between legal persons and legal things, 458

407. Power over personal liberty may have been disclaimed by the

ultimate sovereign, ...... 459

408. Effect of a universal attribution of any rights in the Constitution, 461

409. Of limitations on the powers of the Government as securing

rights of private persons, ..... 462

410. Enumeration of such limitations in the Constitution on the powers

of the national Government, ..... 462

411. Of limitations on the powers reserved to the States, . . 464

412. Of the character of the Constitution as a bill of rights, . . 464

Consequences from the recognitionof the preexisting constituent people.

413. Rights which must be attributed to the individuals composing that

people, ........ 465

414. The individual members are known by the then existing laws of

personal condition, ...... 466

415. The private law of the colonics was not abrogated by the Revolu

tion, . . . . . . . .467

416. The Declaration of Independence was not intended to operate as

private law, ....... 467

417. The Congress declaring it had no powers in respect to personal

condition, ....... 469

418. No such effect has been judicially ascribed to such national decla

rations of right, ...... 471

419. There is no national abnegation of power to limit personal liberty, 471

Of liberty as the general object of the public law contained in the

Constitution.

SEC. PAGE

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

ence to customary law, ..... 472

421. How far provisions in the Constitution restrict the States in their

powers, ....... 473

422. Of political liberty regarded as an element of personal condition, 473

423. Political liberty as a personal right is not determined by the Con-

stitution of the United States, .... 474

424. It is determined by the local law of the several States, . 475

425. The Constitution of the United States is not a bill of rights as

against the States, ...... 476

Of customary or common law included in the national municipal law.

426. Distribution of power to modify the effects of common law, includ-

ing universal jurisprudence, ..... 477

427. In respect to territorial extent common law is local and not

national, ....... 478

428. But common law is incidental to the exposition of the written

national law, ....... 479

429. Rules of common law origin may have national extent as personal

laws, ........ 480

430. In applying natural reason the national power is limited to speci-

fied relations, ....... 481

431. Common law, including universal jurisprudence and Christian

morals, is alterable by the States, .... 482

432. Common law in the Territories is a local law, . . . 482

Constitutional location of power over personal condition.

433. The determination of personal condition is not included under the

national branch of powers, ..... 483

434. The States are not restricted in determining status under their in-

ternal law, ....... 483

435. The States determine the status of persons in respect to the action

of the national Government, ..... 484

436. The distribution of power over status is not the same as during

the colonial period, ...... 484

[graphic]

CONTENTS. XXXVU

CHAPTER XV.

OF THE NATIONAL MUNICIPAL LAW OF THB UNITED STATES—THE SUBJECT

CONTINUED OF THB PERSONS WHO MAT APPLY THAT LAW BY THE EXERCISE OF JUDICIAL POWER.

Of the exercise of judicial power oy the national Government and

the States.

SIC. PAGE

437. Where the functions of sovereignty are divided the judicial is the

test of power, ....... 486

438. Connection of private condition with the question of judicial juris-

diction, ....... 486

439. A separate judicial power follows from the constitutional distribu-

tion of sovereignty, ...... 487

440. Possibility of a concurrent exercise of the judicial power, . 487

441. The doctrine belongs to local as well as to national law, . . 488

442. The law concurrently applicable may be that which is jtwut-inter-

national, ....... 488

443. Presumption that the national law is also applicable by State tri-

bunals, 488

444. The National and the State power each supreme in the application

of its own law, ...... 489

445. Apparent exception in State laws applied by national jurisdiction

over persons, ....... 489

National law applied in the concurrent jurisdiction of the State courts.

446. Admitted supremacy of the national judiciary in application of

national law, ....... 491

447. Where national and State judicial power may concurrently support

the same rule, ....... 491

448. Illustration in civil and criminal jurisdiction, . . . 493

449. Where individual rights are in controversy the judicial power of the

States is concurrent, ...... 494

450. This doctrine supported by judicial decision, . . . 494

451. A principle of universal law supporting the jurisdiction in all cases, 496

452. Statement and application of the principle in the Federalist, . 497

453. Jurisdiction undisputed in cases originally within the State power, 498

454. Question of concurrent judicial power distinct from that of concur-

rent legislative, ...... 498

Of restrictions on the concurrent judicial power.

455. The States may limit the application of their several judicial

power, ....... 499
XXXV111 CONTENTS.

456. The jurisdiction can be exercised only by courts of ordinary or

common law jurisdiction, ..... 500

457. Jurisdiction is to the tribunals matter of duty, if of power, . 501

458. The national rule when applied by State power is local in territo-

rial extent, ....... 502

459. The State judicial function is here subordinate to the national, 503

Of the persons in whom national judicial power may be tested.

460. The national judicial power cannot be vested in the judicial officers

of a State, . . . . . . .503

461. Constitutional provisions for the investiture of the judicial power of

the United States, . . • . . .504

462. Distinction of the administrative and the judicial application of

national law, ....... 505

463. Judicial power and ancillary ministerial power, how distinguishable, 506

464. How judicial action may be discriminated, . . . 507

465. Office of Commissioners of United States courts and of State Jus-

tices of the Peace, ...... 508

466. Of portions of national law not applicable by judicial tribunals, 508

467. The exterior application of international law is not within the ju-

dicial power, ...... 509

CHAPTER XVI.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDI-

TIONS OF FREEDOM AND ITS CONTRARIES, CONSIDERED IN CONNECTION

WITH PRINCIPLES OF PUBLIC AND PRIVATE LAW WHICH HAVE BEEN

STATED IN PREVIOUS CHAPTERS.

Political existence of the people of the several States.

468. Of the territorial limits of the States, . . . .511

469. The corporate existence of the political people of a State is extrin-

sic of any law, ...... 511

470. Their possession of sovereignty is a fact above the national Con-

stitution, not under it, . . . . . . 512

471. The individual constituents of the people of the State are desig-

nated by a law, ....... 513

472. The political people of the States identified with the people of the

colonies, ....... 513

Of liberty in its relation to the State sovereignty.

473. Political liberty in the States, regarded as a private right, depends

altogether on State law, ..... 514

« 이전계속 »