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

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Little, Brown, 1858
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Insufficiency of Blackstones definition of municipal law
15
Who may ascertain the law of nature for the state
16
Positive law and jurisprudence defined
17
Comprehensiveness of the term jurisprudence
18
General or universal jurisprudence defined
19
Use of the term law of nations
20
Of the distinction between persons and things
21
Relations consist of rights and obligations
22
Rights of persons and rights of things distinguished
23
The Romans held slavery arising from captivity to be based
27
Of the exercise of judicial power by the national Government
32
Possibility of a maxim of international law which shall be a rule
36
The first portion described a law in the secondary sense
49
Difference in the power of any one state to determine one or
54
The law has different extent to different persons
55
Subjects and objects of rights
57
Under which class of relations are those of which status or condition
63
True reason of the rule called comity
69
Though disallowed slavery is not supposed to be contrary to justice
71
Judicial comity is in fact customary law
80
Laws of different origin but similar in effect
86
Judicial allowance of effects ascribed to universal jurisprudence
87
These principles may operate as internal law as well as interna
88
Laws of universal personal extent discriminated by judicial action
92
But universal jurisprudence has not authority independently of
97
Though disallowed in the forum its incidental effects in the foreign
101
Of legislation as limiting the judicial application of elementary prin
103
CHAPTER III
114
On a change of sovereigns the territorial law of a country con
123
The question might be differently answered at different times dur
125
The entire body of common law was not as a personal law trans
126
colonists
129
The relation of master and servant under the law so transferred
142
Of the Roman law as an exposition of universal jurisprudence
148
Personality or legal capacity a necessary topic of private interna
151
By this modification slavery was no longer attributable to univer
161
tions of Europe
167
Relations incident to status are internationally recognized when
169
Inference that property in negro slaves was recognized by the
177
Case of Gelly v Cleve
183
How far conditions of freedom or of bondage can be attributed
187
Attempted statement of the legal distinction in these cases
189
TO WHOM THE LAW OF ENGLAND DID NOT EXTEND AS A PERSONAL
195
Principles of a universal jurisprudence may be applied to a partic
200
Necessity of recurring to principles of universal jurisprudence
201
Term colonists in the charters how to be understood
207
National law affecting the subject distinguished from local law
213
Of the Roman law of manumission
214
Legal incidents of the condition of such persons
220
Public and private character of the law determining the condition
239
PAGE
267
Effect of a conversion to Christianity upon slavecondition how
268
Why universal jurisprudence must be taken as determining prop
271
7
278
Of the common law having personal extent as a political guaran
282
8
283
10
284
15
286
17
296
20
300
22
302
National and international law are thus differently applied 23
306
Opinion of Gudelin on this point
318
alien of African or Indian race
321
International effect of common law as a law personal to the
324
How far as part of English common law it had sustained slavery
357
But not known as effect of universal jurisprudence when rejected
363
SEC PAGE
365
The recognition of chattel slavery under comity limited by universal
368
How a natural law is distinguishable in this connection
371
Nor sustained by the law having a national and personal extent
372
CHAPTER VII
375
The nature of the inconsistency further explained
375
International law based on the possession of sovereign power by dis
377
Necessary variety in the personal extent of law
380
Connection of the subject with axioms already stated
381
This international law is determined by the different sources of
386
Bondage of indentured white servants partially sustained by
389
Powers of the States in respect to naturalization of domestic aliens
392
The law applying to such persons is properly described as interna
396
Reasons for not first distinguishing those laws as either national
398
502
408
SEC PAGE
409
CHAPTER XII
415
Liberty as secured by the Constitution is definable only by refer
420
Of the manner in which personal condition may depend on public
421
Public and private law distinguished
423
one state
424
Distribution of power to modify the effects of common law includ
426
Common law in the Territories is a local law
432
Statement of the theory of the location of sovereignty under
434
Argument that in this connection the term means any free person
435
Inconsistencies in that opinion
436
Connection of private condition with the question of judicial juris
438
The distribution of power over status is not the same as during
445
A principle of universal law supporting the jurisdiction in all cases 496
452
Private persons are distinguished by axiomatic principles of universal
457
Distinction of the early State Governments as restricted or not
480
Law is in extent either territorial or personal
486
Constitutional provisions for the investiture of the judicial power
489
Of the doctrine as a political principle
503
Of the character of the Constitution as a bill of rights
505
Judicial power and ancillary ministerial power how distinguishable
506
The doctrine of property in slaves as set forth in Chief Justice
509
105
515
tion
521
SEC PAGE
523
Civil and political liberty liberty by public and by private law
526
Supposed sanction for legislation reducing free blacks to slavery
527
Opinions of Justices Wayne and Grier
533
The laws of the several States have no territorial extent beyond
536
107
553
Of the territorial limits of the States
556
Their possession of sovereignty is a fact above the national Con
563
That slavery rests on national common law is implied in Chief
570
Slavery therefore not supported by universal jurisprudence
575
Origin of
579
Illustrated in an extract from Senator Benjamins speech
581
Natural reason acknowledged in positive law 29 Of legislation and the judicial function 30 Of the authority of judicial precedents 31 Of customary law
586
The three functions of sovereignty are necessarily combined in
588
Variance of Judge Campbells theory with the local character
595
Of the authority of private jurists 33 Of the authority of foreign laws 34 Of the authority of universal jurisprudence 35 Unwritten or customary law a ...
601
30
603
32
604
35
605
Effect of law 40 Of individual and relative rights 41 Of liberty as an effect of law 33888 36 37
608
The legal and the ethical idea and objective and subjective apprehen sion of liberty
610
A distinction among the relations recognized in international law
611
Sovereignty how distributed between the national Government
615

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The Law of Freedom and Bondage in the United States, 第 1 卷
John Codman Hurd
完整檢視 - 1858
The Law of Freedom and Bondage in the United States, 第 1 卷
John Codman Hurd
完整檢視 - 1858
The Law of Freedom and Bondage in the United States, 第 1 卷
John Codman Hurd
完整檢視 - 1858
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常見字詞

according action alien allowed America appears applied attributed authority become British called chapter character chattel Christian cited civil claim colonies common law condition Congress considered Constitution continued court derived determined distinction doctrine domiciled duty effect empire England English equally established exercise existence extent fact force foreign freedom gentium given Government held historical imported independent Indians individual inhabitants international law Judge judicial juridical jurisdiction jurisprudence justice known law of England law of nations legislative liberty limits maintained master natural natural reason negroes objects operation opinion origin period persons political positive possession present principles private law private persons province question received recognition recognized reference regarded relations respect rights and obligations Roman rule says sense servants slavery slaves sovereign power sovereignty statutes supported supposed taken term territorial therein things tion tribunals United universal

熱門章節

第 207 頁 - They had for more than a century before been regarded as beings of an inferior order; and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
出現在 483 書籍中，時間範圍：1845-2008
第 390 頁 - That the said report with the resolutions and letter accompanying the same be transmitted to the several legislatures in order to be submitted to a convention of delegates chosen in each state by the people thereof in conformity to the resolves of the convention made and provided in that case.
出現在 443 書籍中，時間範圍：1803-2007
第 508 頁 - In all social systems there must be a class to do the menial duties, to perform the drudgery of life. That is, a class requiring but a low order of intellect and but little skill. Its requisites are vigor, docility, fidelity. Such a class you must have, or you would not have that other class which leads progress, civilization, and refinement.
出現在 133 書籍中，時間範圍：1834-2008
第 127 頁 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
出現在 294 書籍中，時間範圍：1739-2007
第 456 頁 - The general words above quoted would seem to embrace the whole human family, and if they were used in a similar instrument at this day would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included and formed no part of the people who framed and adopted this Declaration...
出現在 213 書籍中，時間範圍：1834-2008
第 128 頁 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
出現在 105 書籍中，時間範圍：1807-2007
第 228 頁 - Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.
出現在 434 書籍中，時間範圍：1747-2008
第 280 頁 - That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force...
出現在 235 書籍中，時間範圍：1763-2007
第 498 頁 - Of this point therefore we are to note, that sith men naturally have no full and perfect power to command whole politic multitudes of men ; therefore, utterly without our consent, we could in such sort be at no man's commandment living. And to be commanded we do consent, when that Society whereof we are part, hath at any time before consented, without revoking the same after by the like universal agreement.
出現在 124 書籍中，時間範圍：1710-2007
第 532 頁 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
出現在 311 書籍中，時間範圍：1813-2007

書目資訊

QR code for The Law of Freedom and Bondage in the United States
書名The Law of Freedom and Bondage in the United States, 第 1 卷
19th-century legal treatises第 30338-30355 期
The Law of Freedom and Bondage in the United States, John Codman Hurd
作者John Codman Hurd
出版者Little, Brown, 1858
  
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