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

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Περιεχόμενα

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

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

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