The Law of Freedom and Bondage in the United States, 第 1 卷The Lawbook Exchange, Ltd., 2006 - 1524 頁 According to the Dictionary of American Biography, this treatise "on the most exciting topic of the age has never been excelled" due to its "thorough research, exhaustive discussion and impartial treatment" (VI:423). Originally published: Boston: Little, Brown, 1858. 2 vols. v (iii-v new Introduction), xlvii, 617; xliii, 800 pp. With a New Introduction by Paul Finkelman, Albany Law School. It begins with an early history of bondage and its construction in natural and positive law, then traces the effect of international law on freedom and bondage. Turning to the United States, he outlines the evolution of slavery under English law and the United States Constitution. One of the book's most striking features is its neutral tone. Though written on the eve of the American Civil War, it remains loyal to the tenets of legal positivism and avoids any overt ethical or political judgments. John Codman Hurd [1816-1892], a scholar of independent means, studied for a year at Yale Law School and spent two years in a law office before he was admitted to the New York bar. An expert of civil liberties, he is the author of A Treatise on the Right of Personal Liberty (1858). |
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act of Congress alien applied attributed authority chapter character chattel chattel slavery citizens civil claimed clause colonies comity Comm common law condition Constitution court declared determined distinction doctrine domiciled effect enacted English exercise existence free negroes free persons freedom fugitive habeas corpus held Hist Indian international private law Judge judgment judicial power juridical juris jurisdiction jus gentium justice law of England law of nations liberty limits manumission master mulatto municipal internal municipal law national Government national law natural law natural reason negro or mulatto opinion owner penalty personal extent persons of color political positive law principles private international law private law private persons privileges prohibit provisions public law punishment question recognition recognized reference relations repealed respect rights and obligations Roman law rule of action sense servants servitude slavery slaves sovereign power sovereignty statute supreme term Territory therein tion United universal jurisprudence villenage
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第 207 頁 - 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.
第 207 頁 - He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it.
第 430 頁 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity...
第 472 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...
第 412 頁 - people of the United States" and "citizens" are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the "sovereign people," and every citizen is one of this people, and a constituent member of this sovereignty.
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).
第 402 頁 - That we do hereby declare ourselves a free and independent people, are and of right ought to be a sovereign and selfgoverning association under the control of no power other than that of our God and the General Government of the Congress to the maintenance of which independence we solemnly pledge to each other our mutual co-operation our lives our fortunes and our most sacred honor.
第 430 頁 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
第 246 頁 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
第 118 頁 - Our American plantations are principally of this latter sort, being obtained in the last century either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has no allowance or authority there; they being no part of the mother country, but distinct (though dependent) dominions.