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

John Codman Hurd

Little, Brown, 1862 - Conflict of laws

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Table of Contents

Index

Of the juridical practice anterior to the Revolution	xxxi

CHAPTER XVII	1

Of the authority found in the actual legislation of Congress	3

542	13

543	19

551	28

Of the exclusion laws of various States as authority that they	46

Opinion of Taney Ch J in Dred Scotts case	60

Of distinguishing the conclusiveness of a judgment as evidence	610

Argument from the extradition of fugitives from other countries	614

Judicial Opinions in Kaines case	620

Of the word citizen as used twice in this clause	626

Of penalties under the Act	627

SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston	630

Cases before Priggs case	631

Naturalization the prerogative of Congress only	632

552	61

553	67

Punitory laws protecting slavery are to be recognized in this	75

Opinion of Taney Ch J in Kentucky v Dennison on the quality	80

554	108

xviii	110

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

555	118

Application of this conclusion	130

562	137

CHAPTER XIX	154

572	186

576	200

578	211

How far the distinction between persons and things in interna	220

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

The standard of interpretation found in the enunciation of antece	241

Opinions of Parsons Parker and Sewall JJ in Bissell v Briggs	252

Connection of this section with the subject of this work	257

Language of Madison in the Federalist	258

CHAPTER XXIII	270

vision	275

264	275

Of decisions against rights claimed to be supported by this pro	275

Opinion of the Chief Justice in the same case on the source of	296

Reason for recurring in this inquiry to the general practice of	324

In some of its consequences this doctrine does not confiict with	340

Interpretation of charged and fled from justice	341

556	343

474	359

Of the force of personal distinctions ascribable to universal juris	370

Argument from the recognition in other parts of the Constitution	371

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES	377

557	391

Who may be claimed as fugitives from service	401

427	402

558	408

321	448

Inference from want of action between the Executives of the differ	484

Bearing of the decisions justifying seizure and removal	491

The case of Sims	497

754	518

A portion of Judge Smiths first Opinion in that case supporting	520

A portion of Judge Smiths second Opinion in that case support	527

SEC PAGE	531

The power cannot be derived by implication	537

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	559

The case of Belt	560

The case of Norris v Newton	561

Opinion of Smith J in Booths case	562

Opinions in cases of Bushnell and Langston	568

Argument by interpretation of shall not be discharged and delivered up on claim	569

Argument from the similar provision in the Articles of Compact of the New England colonies	571

Of defects in Judge Storys argument	573

Argument that only a delivery on claim made before public author ity was intended	574

Of other defects in Judge Storys argument	578

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	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

Opinions of Taney Ch J and Judge McLean	635

Language of Judge Shaw in Sims case and Judge Marvin in Allens case	636

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 Chief Justice Taneys language	640

Argument from Judge McLeans language	642

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

Ordinary magistrates could not represent the State politically	644

Whether the magistrates in these cases exercised power politically derived from the State	645

Bearing of the question of construction on this inquiry	646

The anterior action of the constituent parties is here to be	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

Argument from the use of the word in other clauses of the Con	654

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

The provisions relating to fugitives from justice and from service	690

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

States	696

Conclusion that the power exercised is the judicial power of the United States	697

CHAPTER XXX	698

Question of interpretation stated	711

Of the discrimination of races in view of capacity for this service	717

The issue of escaped slave not included	723

Meaning of the word suit	729

Argument from the former customary law	735

The case of Hill v Low	740

The case of Peter alias Lewis Martin	746

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT	760

State police power	762

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

Chief Justice Taneys Opinion in Dred Scott v Sandford	775

Opinions of Nelson and Grier JJ in the same case	778

The Opinion of Judge Sutliff in the same case	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

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

Of the meaning of the word State in this clause	792

Of the arrest without warrant	793

249	794

Of questions arising under a general international law identified in authority	795

521	800

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The Law of Freedom and Bondage in the United States, Volume 2
John Codman Hurd
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Common terms and phrases

act of Congress action adopted Ante apply arrest Articles of Confederation authority citizens citizenship claim claimant clause colonies comity common law compact Constitution construction crime declared delivered determine doctrine doctrine of comity domiciled inhabitants duty effect emancipation enacted entitled executive exercise extent faith and credit fourth Article free negroes free persons fugitive slaves fugitives from justice fugitives from labor Governor habeas corpus held international law Judge judgment judicial power juridical jurisdiction jurisprudence jury law of Congress legislation legislative power legislature limits magistrates manumission master mulatto national government native or naturalized offence opinion owner parties Pennsylvania persons of color political Prigg's principles private international law private law private persons privileges and immunities prohibit provision punishment question recognized reference relation repealed respect rights and obligations rule service or labor slavery sovereignty Stat statute Supreme Court Taney term Territory tion Union United words

Popular passages

Page 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.

Appears in 818 books from 1819-2008

Page 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.

Appears in 891 books from 1796-2008

Page 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.

Appears in 345 books from 1796-2008

Page 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.

Appears in 175 books from 1830-2005

Page 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...

Appears in 770 books from 1801-2008

Page 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.

Appears in 276 books from 1815-2006

Page 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.

Appears in 499 books from 1798-2006

Page 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.

Appears in 301 books from 1803-2008

Page 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...

Appears in 287 books from 1825-2007

Page 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.

Appears in 677 books from 1796-2008

Bibliographic information

Title	The Law of Freedom and Bondage in the United States, Volume 2 American culture series Library of American civilization PCMI collection Slavery pamphlets The Law of Freedom and Bondage in the United States, John Codman Hurd
Author	John Codman Hurd
Publisher	Little, Brown, 1862
Original from	Harvard University
Digitized	4 Aug 2006

Export Citation	BiBTeX EndNote RefMan

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