The Law of Freedom and Bondage in the United States, Volume 2

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Little, Brown, 1862
 

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CHAPTER XIX
154
4t Texas
195
How far the distinction between persons and things in interna
220
Of the possibly direct operation on private persons of such pro
226
DOMESTIC INTERNATIONAL PRIVATE LAW of THE UNITED STATES the SUp
244
sex PAge
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized
264
CHAPTER XXIII
270
Naturalization the prerogative of Congress only
275
The personal extent of the term and the degree of privilege indi
277
Opinion of Taney Ch J in Dred Scotts case
280
Order of inquiry in determining the personal extent of the term
318
Reason for recurring in this inquiry to the general practice of
324
Conclusion that interpretation limits the term to whites
330
654 Argument from the use of the word in other clauses of the Con
336
Interpretation of charged and fled from justice 7 10 Interpretation of the word State in this clause
341
Question between a national or local measure of privilege
342
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 37 2
372
Questions discriminated and their order stated
378
Quality of the authority afforded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
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
The case of Glen v Iodges 4 38
439
Opinion of Judge Nelson in Jack v Martin
446
The case of Helmsley
453
The next portion of that Opinion inclining to the second or
465
The case of Jones v Van Zandt
492
The case of Sims
501
A portion of the same Opinion denying the doctrines of Judge
513
A portion of Judge Smiths second Opinion in that case support
520
Story in Priggs case generally followed but his view often mis
530
SECTIONS OF THE FOURTH ARTICLE OF THE CONSTITUTION
535
Objection to the implication of power under the second construc
541
The obligation to deliver fugitives from justice is not necessarily
547
sex PAGE
551
The case of Richardson
560
Opinions in cases of Bushnell and Langston
568
Argument that only a delivery on claim made before public author
574
Theory of Taney Ch J in Kentucky v Dennison
580
Of judicial authority supporting this view
585
Of the absence of judicial opinion supporting this view
591
Recognition of a general international private law founded
597
CHAPTER XXVIII
598
Discrimination of portions of the Constitution in reference to
600
Of the persons affected by these Acts
604
A more condensed statement of the rule of interpretation
606
sec PAGE
608
Tennessee
612
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
tional and local and as domestic and foreign 231
625
Of penalties under the Act
627
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
South Carolina
668
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
Defect in the argument from decisions under the older Act
681
Argument from the basis of legislation
688
Finality of the act in respect to the forum of jurisdiction
695
sEC PAGE 919 Observations on the comparative force of the cases under these Acts
698
Bearing of the decisions justifying seizure and removal
699
Language of Tilghman Ch J in Wright v Deacon
700
Bearing of the Opinions in Jack v Martin
701
Decision of Judge Thompson in Martins case
703
Bearing of Priggs case
705
Language of Judge Shaw in Sims case
706
Opinion of Judge Smith in Booths case
708
Opinion of Judge Whiton in the same case
712
Remarks of Judge Crawford on the same case
715
Opinions in cases of Bushnell and Langston 71 6
719
Opinion by Mr B R Curtis
720
The arguments discriminated 935 Of the argument in the parallel with the delivery of fugitives from justice
723
Of the argument from a supposed requirement of summary pro ceedings
724
Of the argument that slaves are not parties to the Constitution
726
Of the argument from the character of the act of judgment and the argument from necessity
728
Meaning of the word suit
729
Meaning of suits at common law
734
Argument from the former customary law
735
Of the value in controversy
737
Meaning of the term deprived of liberty
738
Conclusion that the guarantee of jurytrial has been infringed
740
Of an objection to the testimony allowed by the Act
743
Georgia
744
sec page
745
Of the punishment of harboring and concealing
751
CHAPTER XXXI
760
Of the claim in cases of temporary visit
768
gEg page 967 The claim is dependent on the legislative power of the State
772
General doctrine of the cases previous to Dred Scott v Emerson
773
Opinions in Dred Scott v Emerson
774
Chief Justice Taneys Opinion in Dred Scott v Sandford
775
Opinions of Nelson and Grier J J 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 978 Of other possible questions under this branch of the domesti...
784
ternational law
785
THE FOREIGN INTERNATIONAL PRIVATE LAW OF THE UNITED STATES OF NATURALIZATION OF STATUS OF FOREIGN ALIENS OF ...
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
239
792
Question as to the validity of the action of Governors of States
794
244
800

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Halaman 233 - States. 2 A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.
Halaman 114 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Halaman 188 - The inhabitants of the territories which his catholic majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the federal constitution, and admitted to the enjoyment of all the privileges, rights and immunities of the citizens of the United States.
Halaman 716 - Constitution denominated in the third article 'law'; not merely suits which the common law recognized among its old and settled proceedings but suits in which legal rights were to be ascertained and determined in contradistinction to those where equitable rights alone were recognized and equitable remedies were administered, or where, as in the admiralty, a mixture of public law and of maritime law and equity was often found in the same suit.
Halaman 282 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Halaman 196 - That Congress doth consent that the territory, properly included within, and rightfully belonging to the Republic of Texas, may be erected into a new State, to be called the " State of Texas," with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
Halaman 243 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Halaman 20 - The right of property is before and higher than any Constitutional sanction; and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever.
Halaman 324 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments...
Halaman 206 - That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness.

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