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

John Codman Hurd

Little, Brown, 1862

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OF THE CONDITIONS UNDER WHICH PRIVATE INTERNATIONAL LAW MAY EXIST	1

542	13

Maryland	19

545	28

546	34

549	41

550	48

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES THE SUB	61

Discrimination of the construction adopted by Judge Story	480

Opinion of Judge Daniel inclining to the fourth construction	489

The cases of The State v Hoppess and Driskill v Parrish	496

CHAPTER XXVII	535

Objection to the implication of power under the second construc	541

The obligation to deliver fugitives from justice is not necessarily	547

Opinions in cases of Bushnell and Langston	554

576	561

553	67

556	89

557	95

Private international law briefly described	99

558	101

Authorities on the quality and source of the powers exercised by the Governors	113

560	123

561	132

563	141

Alabama	150

567	157

Missouri	171

570	177

573	189

577	200

578	211

580	218

How far the distinction between persons and things in interna	220

Of judicial authority supporting this view	222

SEO PAGE	225

Of the possibly direct operation on private persons of such pro	226

The standard of interpretation found in the enunciation of antece	241

Of distinguishing the conclusiveness of a judgment as evidence	248

SEC PAGE	251

The existing right of the owner is not property by international	253

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

Also by whom such personal extent and degree of privilege	278

Of the exclusion laws of various States as authority that they	290

Opinion of Daniel J concurring	298

572	301

Storys commentary on this clause	315

Reason for recurring in this inquiry to the general practice of	321

Of distinction of persons in respect to capacity for citizenship	329

Argument from the use of the word in other clauses of the Con	336

Question between a national or local measure of privilege	342

Of decisions against rights claimed to be supported by this pro	349

Opinion of Mr E G Loring in Burns case	360

Of the claim to an apprentice under this clause	371

CHAPTER XXV	377

Quality of the authority afforded by the action of Governors	385

Georgia	389

Controversy between the Executives of Virginia and Ohio	391

Authorities on the general interpretation of the terms	392

The case of Prigg v Pennsylvania	396

Argument from the language of the Article of Confederation 898	399

Whether servitude of adults under indentures is included	405

Of the police power of the States as possibly limiting the extent	408

Argument on the interpretation of that word	411

Not affected by the Ordinance of 1787	419

SEO 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

575	442

Opinion of Judge Nelson in Jack v Martin	446

The case of Helmsley 453 746 The case of Peter alias Lewis Martin	455

The next portion of that Opinion inclining to the second or	465

359	466

Argument by interpretation of shall not be discharged	570

Of other defects in Judge Storys argument	578

Correspondence of this view with the fourth construction	584

How the judicial power would be applied in these cases	585

Of the absence of judicial opinion supporting this view	591

Recognition of a general international private law founded	597

CHAPTER XXVIII	598

Of the persons affected by these Acts	604

Argument from the extradition of fugitives from other countries	614

Judicial Opinions in Kaines case	620

CHAPTER XXIX	629

Preston	630

The case of Wright v Deacon	631

Judge Storys language in Priggs case 632 869 Opinions of Wayne Daniel Baldwin and Thompson JJ	632

Opinions of Taney Ch J and Judge McLean 871 Language of Judge Shaw in Sims case and Judge Marvin in Allens case	634

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 Judge McLeans language	642

Question as to the use of the term State magistrates in these instances	643

Indeterminate use of the word magistrate 878 Ordinary magistrates could not represent the State politically	644

The magistrates in these cases exercised State judicial power	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 888 Decision of Judge Sprague in the same case 889 Citation of Opinions by Judge Sprague in Scotts case 890 J...	663

Of three different grounds on which the claim of slaveownership	671

The private international law anterior to the Constitution if	677

Five different arguments discriminated	678

Character of the act of judgment examined	691

CHAPTER XXX	698

Bearing of the decisions justifying seizure and removal	699

Bearing of Priggs case	705

Opinion of Judge Whiton in the same case	716

The arguments discriminated	723

Argument from the former customary law	735

Objections of want of jurytrial in both Acts founded on certain	743

SEC PAGE	745

General approval of the Act by the Supreme Court	753

Of debates in Congress on the Act	759

The case of Allen U S Den Norshor	767

Of the claim in cases of temporary visit	768

SEC PAGE 967 The claim is dependent on the legislative power of the State	772

Result of Opinions in this case	773

Opinions in Dred Scott v Emerson	774

Opinions of Nelson and Grier JJ in the same case	775

The Opinion of Judge Brinkerhoff in the same case 625	779

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

CHAPTER XXXII	786

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

200	791

Question as to the validity of the action of Governors of States	794

579	798

Další vydání - Zobrazit všechny

The Law of Freedom and Bondage in the United States, Svazek 1
John Codman Hurd
Úplné zobrazení - 1858

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according Act of Congress action admitted adopted aliens Ante appear apply argument arising arrest authority carry character charged citizens citizenship civil claim clause color common condition considered Constitution construction contained court crime decision delivered demand determined distinction doctrine domiciled duty effect entitled escaped established evidence executive exercise existence extent force foreign fourth free negroes fugitive give given Governor granted held hold important independent inhabitants intended international law Judge judgment judicial power jurisdiction justice labor legislation limits master meaning mulatto nature necessary negroes object obligations officers operation opinion owner parties passed persons political possession present principles privileges proceedings prohibit provision punishment question recognized record reference regarded regulations relation remove reside respect rule says secured seems sense servants slavery slaves statute supposed taken Territory tion trial Union United

Oblíbené pasáže

Strana 244 - 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.

Objevuje se u 818 knih od 1819-2008.

Strana 207 - Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with 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...

Objevuje se u 473 knih od 1813-2008.

Strana 118 - September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States...

Objevuje se u 682 knih od 1810-2007.

Strana 121 - 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.

Objevuje se u 891 knih od 1796-2008.

Strana 267 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.

Objevuje se u 690 knih od 1861-2008.

Strana 266 - And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice.

Objevuje se u 393 knih od 1861-2008.

Strana 266 - I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.

Objevuje se u 385 knih od 1861-2008.

Strana 186 - Measures, is hereby declared inoperative and void : 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...

Objevuje se u 701 knih od 1815-2008.

Strana 120 - 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, impost, or duty therefor.

Objevuje se u 846 knih od 1803-2007.

Strana 57 - The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all.

Objevuje se u 824 knih od 1789-2008.

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Titul	The Law of Freedom and Bondage in the United States, Svazek 2 The Law of Freedom and Bondage in the United States, John Codman Hurd
Autor	John Codman Hurd
Vydavatel	Little, Brown, 1862
Zdroj originálu:	Newyorská veřejná knihovna
Digitalizováno	31. březen 2006

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