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

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Vermont
36
Connecticut
41
no PAOK
46
Khode Island
49
New York 01
51
New Jersey
61
Pennsylvania
67
Delaware
74
North Carolina
81
Tennessee SO 557 South Carolina
95
Georgia
101
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
Indian Territory
189
Texas
195
Territory of New Mexico
204
Utah Territory
211
Washington Territory
218
nc PAGE
219
Of provisions in the Constitution creating an exception
225
The international law of the United States distinguished as
231
SEC PAGE
234
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
SSO FAOI
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized ex
264
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STAGES TIIE SUBJECT
270
Naturalization the prerogative of Congress only
276
Opinion of Taney Ch J in Dred Scotts case
280
Opinion of Daniel J concurring
298
Storys commentary on this clause
314
Reason for recurring in this inquiry to the general practice of
321
The anterior action of the constituent parties is here to be
328
Of the capacity of persons who are neither of negro or of the Cau
339
Question between a national or local measure of privilege
342
Of decisions against rights claimed to be supported by this pro
349
Citation of the earlier cases
359
Opinion of Bartley Ch J in Anderson v Poindexter
366
The existing right of tho owner is not property by international
370
OF THE DOMESTIC INTERNATIONAL PRIVATE LAW OF TOE UNITED STATES
377
Controversy between the Executives of Virginia and Pennsylvania
386
SIC PAS 700 Authorities on the general interpretation of the terms
392
Standard of interpretation stated
393
Of strict interpretation in favor of liberty 894
395
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
722 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
BEO PAGE 729 Of the authority found in the actual legislation of Congress
424
Of the inference from the action of Governors of the States in sur rendering fugitives from justice
425
Opinion of Tapey Ch J in Kentucky v Dennison on the quality of the action of the Governor
427
Reason for here considering these authorities
430
Inference from want of action between the Executives of the differ ent States
436
Importance of distinguishing the cases in view of seizures made for two different purposes
437
The case of Glen v Hodges
438
The case of Hill v Low
439
The case of Commonwealth v Griffith
440
The case of Johnson v Tompkins
441
Opinion of Judge Nelson in Jack v Martin
446
Opinions of Senator Bishop and Chancellor Walworth in that case 400
453
The case of Peter alias Lewis Martin
455
Of the various questions which arose in the case of Prigg v Penn sylvania
456
First portion of the Opinion of Judge Story in Priggs case inclin ing to the fourth construction
457
The next portion of that Opinion inclining to the second or the third construction
465
The next portion supporting the third construction
467
Thenext portion confirming this view
469
BBC PAQI 762 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 r Parrish
496
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
SSO PACK
531
The power cannot ba derived by implication 637
537
The argument applied against the first and second construction
543
Argument from the preexisting law relating to fugitives from
549
SEC FAOI 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 662
568
Argument by interpretation of shall not be discharged and delivered up on claim 509
570
Argument from the similar provision in the Articles of Compact of the New England colonies 670
571
Of defects in Judge Storys argument
573
Argument that only a delivery on claim made before public author ity was intended
574
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 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 PAO
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
SIC FACE
630
Language of Judge Shaw in Sims case and Judge Marvin
636
Argument from Judge McLeans language
642
An objection from the limited extent of State power
649
6i2
667
DC FA8E 897 Language of Judge McLean in Robinsons1 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 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 j udgment
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
THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATKS THE SUBJECT CONTINCKD OF TUE LEGISLATION OF C0NGKE8S IN...
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 6laves 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
Of another objection to such testimony
744
Of the demand for the possecomitatus
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
Of the claim in cases of temporary visit
768
no PASX 967 The claim is dependent on the legislative power of the State
772
Source of the general rule as to the status of the slave returned from a nonslaveholding State
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

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Страница 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.
Страница 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...
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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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