The Law of Freedom and Bondage in the United States, Volume 1

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Contents

Who may ascertain the law of nature for the state
13
Positive law and jurisprudence defined
14
Comprehensiveness of the term jurisprudence
15
Use of the term law of nations
17
Object of the lar W 18
18
Of the distinction between persons and things 22 Relations consist of rights and obligations
19
Rights of persons and rights of things distinguished
20
Public and private law distinguished
21
Law applies to territory and to persons
22
National and international law are thus differently applied
23
Origin of lau 28 Natural reason acknowledged in positive law
24
Of the authority of judicial precedents
25
Of customary law
26
Of the authority of private jurists
28
Of the authority of universal jurisprudence
29
Unwritten or customary law a part of positive law
30
In what manner international law is derived
32
CHAPTER VI
33
In what manner international law operates
34
The law of nature may be variously received
35
Of individual and relative rights
36
Of liberty as an effect of law
37
The legal and the ethical idea and objective and subjective apprehen sion of liberty
38
Of bondage of legal persons
39
Use of the term slavery
42
Different kinds of slavery distinguished
43
International law divided into two portions
44
The first portion described a law in the secondary sense
45
The second portion described a law in the primary sense
46
The exposition of law is always historical
47
Of native alien and domiciled subjects
48
The law has different extent to different persons
50
Its extent to persons depends on the will of the state
51
SEC PAGE
52
CHAPTER II
53
Private persons are distinguished by axiomatic principles of universal jurisprudence
54
Statement of the first two of these maxims
55
A distinction among the relations recognized in international law
56
Statement of the third maxim
59
The international law how distinguishable from internal law
60
The tribunal must ascertain the will of the state in the case
66
Though disallowed slavery is not supposed to be contrary to justice
71
How later jurists have followed Huber
73
Judicial measure of the allowance of foreign laws under what is call i
79
Though disallowed in the forum its incidental effects in the foreign
82
Universal jurisprudence cognizable from the history of the
85
These principles may operate as internal law as well as interna
88
authority of some national law
89
How laws of universal personal extent may be judicially discrim
95
Personality or legal capacity a necessary topic of private interna
101
The recognition of the bondage of legal persons limited by the uni
107
CHAPTER III
114
Of the force of legislative declarations by the local governments
123
The entire body of common law was not as a personal law trans
126
Of the common law having personal extent as a political guaran
130
The right of property under this personal law existed only in refer
133
Of universal jurisprudence affecting personal condition forming
139
THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT
142
SEC PAGE
148
Conception of jurisprudence by the civilians as including ethics
149
The same doctrine recognized in the jurisprudence of all the
154
Of difference of religious creed as a foundation of chattel slavery
163
SEC PAGE
166
Why the common law of every state must exhibit its own recep
173
Case of Butts v Penny
179
Cases of Smith v Brown and Cooper and of Smith v Gould Holts
185
TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL
195
Necessity of recurring to principles of universal jurisprudence
201
221
265
Effect of a conversion to Christianity upon slavecondition how
268
Why universal jurisprudence must be taken as determining prop
271
224
277
226
286
228
293
SEC PAGE
294
230
309
Of an international or quasiinternational law arising from such
315
alien of African or Indian race 321 V
321
CHAPTER VIII
328
Authorities on the law of the Netherlands
335
The customary law of France as exhibited in the case of Verdelins
342
Of the territory occupied by the original thirteen States
347
The criterion of property is to be taken from these writers
348
Inquiry into this why postponed
349
Quality of political liberty variable according to its distribution
353
CHAPTER IX
355
Slavery therefore not supported by universal jurisprudence
361
SEC PAGE
364
Effect of former international recognitions of slavery
367
Nor sustained by the law having a national and personal extent
372
Application of the foregoing to Lord Mansfields reasons for
373
The previous practice of holding negroes in bondage there
379
OTHER THAN THOSE RESEMBLING SOMERSETS CASE
383
The owners property was not quasiinternationally guaranteed
389
OF THE INVESTITURE IN THE PEOPLE OF THE SEVERAL STATES AND
394
Change in the location of sovereign power which occurred in
400
Domestic international law subdivided
402
The same integral nationality was manifested in the Revolution
406
SEC PAGE
420
mine the source of law
427
Meaning of the term State in this connection
433
Inconsistencies in that opinion 191
436
SEC PAGE
437
The Territories of the United States are under the jurisdiction
439
SEC PAGE
441
How far necessarily the same in all the States how far may
447
International law in the Territories regarded as jurisdictions having
453
SEC PAGE
456
the law
458
Of limitations on the powers reserved to the States
464
The individual members are known by the then existing laws
471
Political liberty as a personal right is not determined by the Con
474
Twofold nature of the Constitution being evidence of fact and
479
Rules of common law origin may have national extent as personal
480
diction
486
Illustration in civil and criminal jurisdiction
493
The States may limit the application of their several judicial
499
Jurisdiction is to the tribunals matter of duty if of power
501
PAGE
505
How judicial action may be discriminated
507
222
513
The distribution of power over status is not the same as during
520
The private law of the colonies was not abrogated by the Revolu
521
Supposed sanction for legislation reducing free blacks to slavery
527
Opinions of Justices Wayne and Grier
533
Of the doctrine as a principle of law
554
Fallacy in the doctrine that in the Constitution slaves are referred
560
The standard is found in the customary law of all civilized nations
566
Ambiguous use of the term positive law
575
Illustrated in an extract from Senator Benjamins speech
581
The three functions of sovereignty are necessarily combined in
588
Variance of Judge Campbells theory with the local character
595
Political liberty in the States regarded as a private right depends
601
Quality of the power held by the Government of the United States 423
605
No such effect has been judicially ascribed to such national decla
610

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