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

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Περιεχόμενα

Opinion of McLean J dissenting
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546
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549
41
550
48
New York
61
553
67
554
74
555
81
556
89
557
95
Whether such suits are cases under the Constitution and laws
110
Authorities on the quality and source of the powers exercised by the Governors
113
CHAPTER XIX
154
572
186
Of the force of personal distinctions ascribable to universal juris
212
How far the distinction between persons and things in interna
220
SEO PAGE
225
Of the possibly direct operation on private persons of such pro
226
Of the precedence of questions of interpretation
232
Such clauses are to be interpreted like international compacts
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The anterior action of the constituent parties is here to be
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Statement of the general doctrine as to the conclusiveness of State
246
Whether Congress can give legal operation to the State judgment
257
CHAPTER XXIII
270
Conclusion that interpretation limits the term to whites
330
Argument from the use of the word in other clauses of the Con
336
SEC PAGE
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
The existing right of the owner is not property by international
370
CHAPTER XXV
377
Quality of the authority afforded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
Authorities on the general interpretation of the terms
392
Standard of interpretation stated
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Of strict interpretation in favor of liberty
394
Another reason for strict interpretation
395
Argument from the language of the Article of Confederation
398
Punitory laws protecting slavery are to be recognized in this in terpretation
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
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General nature of the service which may be recognized
404
Whether servitude of adults under indentures is included
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That service of the slaves of the slaveholding States is included
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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
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Of a case on the navigable river Ohio
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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
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CHAPTER XXVI
421
BEO PAGE
425
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
Opinion of Judge Nelson in Jack v Martin 416
450
Of the various questions which arose in the case of Prigg v Penn
456
Of the word citizen as used twice in this clause
461
The next portion of that Opinion inclining to the second
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SEC PAGE 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
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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
504
A portion of the same Opinion denying the doctrines of Judge Story in Priggs case
513
A portion of Judge Smiths second Opinion in that case support ing the first construction
520
Booth remanded by the State court while the action was pending 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
Story in Priggs case generally followed but his view often mis understood
530
SEO PAGE
531
The power cannot be derived by implication
537
794 The argument applied against the first and second construction
543
Argument from the preexisting law relating to fugitives from
549
SEC PAGE 801 The doctrine has never been urged in case of criminals
551
The case of Commonwealth v Griffith
552
The case of Jack v Martin
554
Dissenting Opinion of McLean J in that case
556
The case of Richardson
560
The case of Norris v Newton
561
Opinion of Smith J in Booths case
562
Opinions in cases of Bushnell and Langston
568
Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction 684
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
The meaning of citizen compared with that of subject 271
629
SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston
630
The case of Wright v Deacon
631
Judge Storys language in Priggs case
632
Opinions of Taney Ch J and Judge McLean
635
Allens case
636
Language of Judge Shaw in Sims case and Judge Marvin in 872 Bearing of these authorities distinguished in respect to the quality and the source of t...
637
Argument from Judge Storys language
639
Argument from Chief Justice Taneys language
640
Argument from Judge McLeans language
642
Indeterminate use of the word magistrate
643
Ordinary magistrates could not represent the State politically
644
881 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
The common law of England if a continuing measure of privilege
676
Opinion of Mr E G Loring in Burns case
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
693
Finality of the act in respect to the forum of jurisdiction
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
CHAPTER XXX
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
716
Opinions of Commissioners Curtis and Loring
719
Opinion by Mr B R Curtis
720
The arguments discriminated
723
Of the argument in the parallel with the delivery of fugitives from justice
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
741
SEC PAGE
745
Or the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
determined
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Of the claim in cases of temporary visit
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SRO 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 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
CHAPTER XXXII
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
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794

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Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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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