The Law of Freedom and Bondage in the United States - John Codman Hurd - Google 도서

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Private law in the United States distinguished by its personal extent.

380. Necessary variety in the personal extent of law,

381. Alienage in international and internal law,

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

power is distributed,

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

dependent nations,

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

aliens distinguished,

of international law as a part of the internal laws of the United
States.

385. National municipal law of the United States includes international

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

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

and domestic aliens,

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

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

390. Incidents of naturalization to be considered,

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

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

ical powers of the States,

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

naturalization of foreign aliens,

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

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

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

395. Public and private character of international law comprehended in

the national law,

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

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

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

CONTENTS.

XXXV

SEC.

401. International law divided into domestic international law and for

eign international law,

402. Domestic international law subdivided, 403. Foreign international law subdivided,

PAGE

455

456

456

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

the law,

CHAPTER XIV.

THE NATIONAL MUNICIPAL (INTERNAL) 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,

411. Of limitations on the powers reserved to the States, 412. Of the character of the Constitution as a bill of rights,

Consequences from the recognition of the preexisting constituent people.

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

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

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

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

469

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

471

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

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

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

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

ence to customary law,

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

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

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

stitution of the United States,

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

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

against the States,

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,

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

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

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

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

fied relations,

431. Common law, including universal jurisprudence and Christian
morals, is alterable by the States,

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

Constitutional location of power over personal condition.

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

national branch of powers,

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

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

of the national Government,

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

OF THE NATIONAL MUNICIPAL LAW OF THE UNITED STATES-THE SUBJECT

CONTINUED OF THE PERSONS WHO MAY APPLY THAT LAW BY THE

EXERCISE OF JUDICIAL POWER.

Of the exercise of judicial power by the national Government and

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

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

PAGE

486

486

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

tion of sovereignty,

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

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

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

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

445. Apparent exception in State laws applied by national jurisdiction
over persons,

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

of its own law,

States is concurrent,

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

446. Admitted supremacy of the national judiciary in application of

447. Where national and State judicial power may concurrently support

448. Illustration in civil and criminal jurisdiction,

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

450. This doctrine supported by judicial decision,

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

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

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

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

rent legislative,

Of restrictions on the concurrent judicial power.

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

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

common law jurisdiction,

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

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

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

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

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

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

the United States,

462. Distinction of the administrative and the judicial application of

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

464. How judicial action may be discriminated,

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

tices of the Peace,

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

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

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,

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

sic of any law,

470. Their possession of sovereignty is a fact above the national Con-
stitution, not under it,

471. The individual constituents of the people of the State are desig-
nated by a law,

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

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,

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