The Law of Freedom and Bondage in the United States, Volumen2

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Little, Brown, 1862
 

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Contenido

Rhode Island
48
New Jersey
61
Pennsylvania 07
66
Delaware
74
North Carolina 61
81
Tennessee
89
South Carolina
95
Georgia
101
THE LOCAL MUNICIPAL LAWS OF TUE UNITED STATES AFFECTING CONDITIONS
110
Authorities on the quality and source of the powers exercised by the Governors
113
Indiana
123
Illinois
132
Wisconsin
141
Alabama
150
Missouri
166
Iowa
174
State of Kansas
186
Texas
195
Territory of New Mexico
204
Utah Territory
211
Washington Territory
218
SEC PAGE
219
Of provisions in the Constitution creating an exception
225
The international law of the United Stales distinguished as
231
Of the question as to the construction of these portions
235
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
SEC PAGE
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized
264
DOMESTIC INTERNATIONAL riilYATE LAW OF THE UNITED STATES THE SUBJECT
270
The personal extent of the term and the degree of privilege indi
277
Opinion of Taney Ch J in Dred Scotts case
280
Opinion of Daniel J concurring
298
BIC PAGE 700 Authorities on the general interpretation of the terms
302
Storys commentary on this clause
314
Reason for recurring in this inquiry to the general practice of
321
Of distinction of persons in respect to capacity for citizenship
329
Of the meaning of the word State in this clause
341
SEC PABK
342
6G3 Of decisions against rights claimed to be supported by this pro
349
Of three different grounds on which the claim of slaveownership
357
Opinion of Bartley Ch J in Anderson v Poindexter
366
Statement of the question of the construction of this provision
372
Questions discriminated and their order stated
378
Opinion of Taney Ch J in Kentucky v Pennison 881
385
Controversy between the Executives of Virginia and Ohio
391
Standard of interpretation stated
393
Of strict interpretation in favor of liberty
394
Another reason for strict interpretation
395
Argument from the language of the Article of Confederation 898
399
Application of this conclusion
400
Deduction of general rule impossible here by the exclusion of the judicial function
401
Interpretation of the word State in this clause
402
Question of interpretation stated
403
General nature of the service which may be recognized
404
Whether servitude of adults under indentures is included
405
That service of the slaves of the slaveholding States is included
406
Of the discrimination of races in view of capacity for this service
407
Irrelevancy of ethical considerations
409
Argument on the interpretation of that word
411
Of a case on the navigable river Ohio
412
Case of slaves who have infringed the penal law of the forum
414
Of the interpretation of State in this clause
415
Not affected by the Ordinance of 1787
419
CHAPTER XXVI
421
sec PAGE
424
Opinion of the Chief Justice in the same case on the source of
431
Importance of distinguishing the cases in view of seizures made
437
SIC PAGI 752 The next portion affirming the constitutionality of the Act of 1793
472
Residue of the Opinion inclining to the second construction
474
Discrimination of the construction adopted by Judge Story
480
Opinion of Judge Wayne inclining to the second construction
481
Opinion of Chief Justice Taney supporting the fourth construction
483
Opinion of Judge Thompson inclining to the third construction
484
Opinion of Judge McLean inclining to the second construction
485
Opinion of Judge Daniel inclining to the fourth construction
488
Opinion of Judge Baldwin supporting the fourth construction
490
Classification of the Opinions of the several Justices on this ques tion
491
The case of Jones v Van Zandt
492
The case of Kauffman v Oliver
494
The cases of The State v Hoppess and Driskill v Parrish
496
The case of Sims
501
Of the Opinions in the case of Ableman v Booth
502
A portion of Judge Smiths first Opinion in that case supporting the first construction 604
520
Booth and Rycraft released by the State court after judgment and sentence in the District court
521
The Opinions of Judges Swan and Peck in the cases of Bushnell and Langston
523
The Opinion of Judge Brinkerhoff in the same case
525
The Opinion of Judge Sutliff in the same case
527
The case of the United States v Buck
529
The case of Norris v Newton 661
562
Opinions in cases of Bushncll and Langston
568
Argument by interpretation of shall not be discharged and delivered up on claim
570
Argument from the similar provision in the Articles of Compact of the New England colonies
571
Of defects in Judge Storys argument
573
Argument that only a delivery on claim made before public author ity was intended
574
Of other defects in Judge Storys argument
578
Theory of Taney Ch J in Kentucky v Dennison
580
Consequences of this theory
581
Inconsistency of this theory with other received doctrine
582
Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction
584
Bearing of the legislation of Congress respecting fugitives from labor
585
Of the absence of judicial opinion supporting this view
591
CHAPTER XXVIII
598
Of the persons affected by these Acts
604
SEC PAGE
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
PEC PAGE 865 The cases Commonw y Holloway Hill v Low and Worthington y Preston
630
The case of Wright y Deacon
631
Judge Storys language in Priggs case
632
Cases before Priggs case
633
Opinions of Taney Ch J and Judge McLean
635
Language of Judge Shaw in Sims case and Judge Marvin in Allens case
636
Bearing of these authorities distinguished in respect to the quality and the source of the power exercised
637
Argument from Judge Storys language
639
Argument from Chief Justice Taneys language
640
Argument from Judge McLeans language
642
Question as to the use of the term State magistrates in these instances
643
Ordinary magistrates could not represent the State politically
644
Bearing of the question of construction on this inquiry
646
An objection from the limited extent of State power
648
An objection from the statutory character of the proceeding
649
The Opinions in Priggs case are conformed to this view
650
The authorities support the action of State magistrates as exercise of concurrent judicial power
652
Opinion of Judge Shaw in Sims case
653
Decision of Judge Sprague in the same case
659
Citation of Opinions by Judge Sprague in Scotts case
660
Judge Spragues language in this case on this question
662
Judge Concklings decisions in Davis case
663
Decisions by Judges Marvin Conckling and Gridley
665
Opinion of Judge Smith in Booths case
667
Opinion of Chief Justice Whiton in Booths case
670
Opinion of Judge Crawford in Booths case
672
Decision of the Supreme Court of the U S in Booths case
673
Opinions in cases of Bushnell and Langston
674
Place of decisions by the U S Commissioners
675
Opinion of Mr G T Curtis in Sims case
676
Opinion of Mr E G Loring in Burnscase
677
Opinion of Mr AttyGen Crittenden
678
Defect in the argument from decisions under the older Act
681
Mistake in arguing from the character of the act of judgment
683
Objections to the argument from necessity
685
The true bearing of the judicial authority
686
Argument from the basis of legislation
688
Character of the act of judgment examined
691
Of the force of the certificate given
695
Argument from the effect of the certificate in pleading
696
Conclusion that the power exercised is the judicial power of the United States
697
THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT CONTINUED OP THE LEGISLATION OP CONGRESS IN...
698
Bearing of Priggs case
705
Opinion of Judge Whiton in the same case
712
Opinions of Commissioners Curtis and Loring
719
937
726
941
734
The case of Glen v Hodges
738
945
740
Opinions of Senator Bishop and Chancellor Walworth in that case
744
Of the demand for the possecomitatus
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
The next portion of that Opinion inclining to the second or
762
Of the claim in cases of temporary visit
768
0 FAOX 967 The claim is dependent on the legislative power of the State
772
General doctrine of the cases previous to Dred Scott v Emerson
774
Chief Justice Taneys Opinion in Dred Scott v Sandford
775
Opinions of Nelson and Grier JJ in the same case
778
Opinion of Daniel J in the same case
780
Opinion of Campbell J in the same case
781
Opinion of McLean J in the same case
782
Of the decision of a State court as the exponent of State law in the national court
784
Of other possible questions under this branch of the domestic in ternational law
785
Of the law applying to foreign aliens
786
Of the extent of the powers of the national Government over the external relations of the United States
787
Status of foreign aliens otherwise determined by law of the States
788
Of the slavetrade as crime
789
Of questions arising between the United States and foreign coun tries under general international law
790
Of the arrest without warrant 740
793

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Página 179 - It being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.
Página 155 - into the Union of the United States and admitted as soon as possible, according to the principles of the federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the meantime they shall be maintained and protected in the
Página 208 - times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State; and provided, further, that, when admitted as a State, the said Territory or any portion of the same shall be received into the Union with or without slavery, as their Constitution may prescribe at the
Página 245 - and the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the States from whence the same are or shall be taken.
Página 3 - to all rights, privileges and immunities of free citizens in this Commonwealth, and shall have free egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the saine duties, impositions and restrictions as the
Página 32 - all men are born free and equal, and have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties ; that of acquiring, possessing and protecting property, and in fine of seeking and obtaining their safety and happiness.'
Página 200 - what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the
Página 113 - carrying places between the same, shall be common highways, and forever free as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, import, or duty therefor.
Página 127 - There shall be neither slavery nor involuntary servitude in this State otherwise than for the punishment of crimes whereof the party shall have been duly convicted. Nor shall any indenture of any negro or mulatto hereafter made and executed out of the bounds of this State be of any validity within this State.
Página 113 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, import, or duty therefor.

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