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

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Little, Brown, 1858

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Natural law becomes a coercive rule in being identified with the will of the state
14
Insufficiency of Blackstones definition of municipal law
15
Who may ascertain the law of nature for the state
16
Positive law and jurisprudence defined
17
Comprehensiveness of the term jurisprudence
18
General or universal jurisprudence defined
19
Use of the term law of nations 11 IO 13
20
Of the distinction between persons and things 22 Relations consist of rights and obligations 23 Rights of persons and rights of things distinguished 24...
21
Law applies to territory and to persons
26
National and international law are thus differently applied
27
Natural reason acknowledged in positive law
28
Of legislation and the judicial function
29
Of the authority of judicial precedents
30
Of customary law
31
Of the authority of private jurists
32
Of the authority of foreign laws
33
Of the authority of universal jurisprudence
34
Unwritten or customary law a part of positive law
35
In what manner international law is derived
36
In what manner international law operates
37
Universal jurisprudence a part of national and of international law
38
The law of nature may be variously received
39
Of individual and relative rights
40
Of liberty as an effect of law
41
The legal and the ethical idea and objective and subjective apprehen
42
Of the condition of freedom and its contraries
43
Of legal persons and chattel slaves
44
Of bondage of legal persons
45
Use of the term slavery
46
Different kinds of slavery distinguished
47
International law divided into two portions
48
The first portion described a law in the secondary sense
49
The second portion described a law in the primary sense
50
Of the dominion of a state and its national law
51
The exposition of law is always historical
52
The national law is internal or international according to its personal extent 54 Of native alien and domiciled subjects 55 The law has different extent ...
53
Where the functions of sovereignty are divided the judicial is
55
International law acts on private persons in being enforced by some one state
60
Private persons are distinguished by axiomatic principles of universal
61
Of the universal reception of such maxims in international law
62
Statement of the first two of these maxims
63
These maxims are law in the secondary sense
64
A distinction among the relations recognized in international law
65
A necessary difference of international cooperation in determining these relations
66
The tribunal must ascertain the will of the state in the case
68
Though disallowed slavery is not supposed to be contrary to justice
71
Statement of the third maxim 68 Necessary identity and coëxistence of these maxims 59
74
Storys version of Hubers third maxim
82
Of the jus gentium and jus civile or jus proprium recognition
86
The effect of foreign laws limited by laws having universal personal
88
But universal jurisprudence has not authority independently of
89
How laws of universal personal extent may be judicially discrim
95
Relations incident to status are internationally recognized when
103
Slavery created by foreign law recognized where liberty is not uni
109
CHAPTER III
114
Of the extent of English law in countries acquired by the British
125
The entire body of common law was not as a personal law trans
126
sion of liberty
129
Of English common law as limiting the legislative power of
131
The right of property under this personal law existed only in refer
133
Of universal jurisprudence affecting personal condition forming
139
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
142
Of the attribution of chattel slavery to jus gentium by the Roman
145
Proposed exhibition of doctrines of universal jurisprudence affect
147
Illustration of the meaning of constitutio juris gentium in the
152
The condition of slavery an effect of the local law of a colony
212
National law affecting the subject distinguished from local law
214
European nations
218
Object and extent of the view here taken of colonial legislation
226
Why universal jurisprudence must be taken as determining prop
234
Probable international practice with reference to white servants
253
Effect of a conversion to Christianity upon slavecondition how
268
Other proof from Vattel of the inapplicability of the rule 350
274
229
297
CHAPTER VII
312
Of the international relations of the different parts of the British
315
Origin and continuance of law determining the condition of
321
Of the case of Somerset as a precedent of international law
331
Authorities on the law of Germany
339
How Puffendorf and Vattel are commonly cited on this point
345
CHAPTER IX
355
Slavery therefore not supported by universal jurisprudence
361
Supremacy of the national judiciary in determining the law con
365
Decision of Supreme Court that negroes are not citizens as
371
Nor sustained by the law having a national and personal extent
372
The Territories of the United States are under the jurisdiction
375
National municipal law and local municipal law
377
International relation of those among whom the sum of sovereign
382
Opinion of Gudelin on this point
384
How far necessarily the same in all the States how far may
388
Negro slavery not longer ascribable to the law of nations meaning
391
CHAPTER XI
394
Change in the location of sovereign power which occurred in
400
The same integral nationality was manifested in the Revolution
406
Of the territory occupied by the original thirteen States
409
CHAPTER XII
415
Liberty as secured by the Constitution is definable only by refer
420
Of the manner in which personal condition may depend on public
421
Inconsistencies in that opinion 191
436
Connection of private condition with the question of judicial juris
438
The slavetrade not then contrary to the law of nations in
442
The National and the State power each supreme in the application
444
A portion of this law may be contained in the Constitution of
448
Reasons for not first distinguishing those laws as either national
454
The jurisdiction can be exercised only by courts of ordinary
456
Distinction of the administrative and the judicial application
462
Distribution of power to modify the effects of common law includ
478
The determination of personal condition is not included under
494
The States are not restricted in determining status under their
501
dence of sovereignty and a rule of action
514
Distinction of the early State Governments as restricted or not
520
SEC PAGE
522
The States determine the status of persons in respect to the action
525
Supposed sanction for legislation reducing free blacks to slavery
527
Opinions of Justices Wayne and Grier
533
The laws of the several States have no territorial extent beyond
536
Doctrines of the equality of the States in respect to the territory
547
Of the doctrine as a principle of law
554
The corporate existence of the political people of a State is extrin
556
Fallacy in the doctrine that in the Constitution slaves are referred
560
The political people of the States identified with the people of
562
The standard is found in the customary law of all civilized nations
566
tent of laws 84
579
Illustrated in an extract from Senator Benjamins speech
581
The three functions of sovereignty are necessarily combined in
588
Variance of Judge Campbells theory with the local character
594
Universal jurisprudence derived a posteriori becomes applied
599
Political liberty in the States regarded as a private right depends
601
189
614

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207 페이지 - They had for more than a century before been regarded as beings of an inferior order; and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
390 페이지 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
508 페이지 - In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement.
127 페이지 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
456 페이지 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
128 페이지 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
228 페이지 - Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.
280 페이지 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
498 페이지 - Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men ; therefore, utterly without our consent, we could in such sort be at no man's commandment living. And to be commanded we do consent, when that Society whereof we are part, hath at any time before consented, without revoking the same after by the like universal agreement.
532 페이지 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.

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