to be introductory to the consideration of such questions in a treatise, which may be entitled, A View of the Laws of Freedom and Bondage in the United States, the contents of the chapters under which the subject will be distributed will, therefore, be here briefly described. It being premised that the view taken will be a purely legal one, that is, entirely distinct from all ethical and political considerations. The two chapters here given will constitute an Elementary, or General Part. The six chapters next following form a Historical Part. Of these, three (Ch. III., IV., V.) will relate to the establishment of municipal, or national law, in the English colonies of America, under the following distribution :

CHAPTER III.—Of the common law of England taking effect in the colonies as a personal law, according to principles set forth in the first two chapters, and of the location of political power under the public law of the Empire, by which an alteration of the private law might take place.

CHAPTER IV.—Of principles of universal jurisprudence, or the law of nations, relating to conditions of freedom or of bondage, which, in accordance with the doctrines of the same chapters, may be taken to have formed part of the common law of England. Since, according to these doctrines, a rule of universal jurisprudence must be proved from an extended view of the laws of many nations, this will involve an examination of the Roman law on this subject, and a more particular inquiry into the position which it occupies in connection with the national law of any one country, than is given in the first and second chapters. And, it being supposed that the law of nations is not necessarily the same at all times, its recognition in the law of England will be traced, after the first settlement of the colonies, to the time of their political separation from Great Britain, concluding with an examination of the doctrines of Lord Mansfield in Somerset's case, operating as part of the local, or inter

nal law of England. The same doctrines, in connection with the private international law of the British Empire, will be further noticed in the seventh chapter.

CHAPTER V.-Of the effect of the law of nations, and of English statute law, in establishing slavery in the colonies.

The next two chapters (VI., VII.) will pursue the history of the local law of the colonies relating to freedom and its opposites.

CHAPTER VI.-Containing a chronological abstract of the legislative action of each of the local colonial governments in America, affecting personal rights. This legislation may be either internal or international in its operation, or extent; and so far as it is of the latter character, it will be connected with the subject of

CHAPTER VII.—Which relates to the private international law of the colonies and the British Empire during the period of their union with it; including a further notice of Somerset's case in this connection; and also an examination of principles of the common law of the Empire, affecting the extradition of criminals, as between its several jurisdictions, and in relation to demands of foreign states. The purpose being to ascertain whether the liberties of private persons in such cases were determined by the administrative or the judicial function of gov

ernment.

CHAPTER VIII. Is included in the Historical Part, in being descriptive of the political change in the location of sovereign power which occurred between the commencement of the Revolution to the final establishment of the present Constitution of the United States. The same chapter belongs, also, to the third division of the subject, which may be called the Practical Part, in presenting a view of doctrines of public law, which determine the investiture of sovereign political power over per

sons and things in the territorial domain occupied by the United States-meaning both States and Territories.

CHAPTER IX.-A general view of the incidents of conditions of freedom and its opposites, in reference to the public law of the United States. This will comprise an examination of the constitutional test of political power; of the possible application of sovereign power in producing law, which is either internal or international according to its personal and territorial extent. By following out these distinctions, the remainder of the subject will be considered as either internal private law, or international private law, as follows:

CHAPTER X.-The national municipal (internal) law of the United States-that is, the law operating in the United States as one national dominion-in its effects on conditions of freedom and bondage.

CHAPTER XI.—The municipal (internal) law of the several jurisdictions constituting the United States, both States and Territories. This will be in the form of a chronological view of the legislative acts having this operation, or extent, as they relate to the subject, being, in a historical point of view, a continuation of the sixth chapter. The objects of legislation being necessarily only indicated, in most instances; statutes being more or less fully described, according to their bearing on the subjects of the succeeding chapters; particularly those which are international in their operation: the remaining chapters relating to the private international law of the United States relating to conditions of freedom, &c.

CHAPTER XII.-A general view of the existence and operation of private international law in the United States, distinguishing, 1st, a quasi-international law-a law having an international operation, but identified in authority with the national municipal law, i. e., the law of the United States as one nation, or state; and, 2d, an international private law, properly so

called-a law operating in the several local districts of the United States-States and Territories-as political jurisdictions reciprocally independent.

The first of these will form the subject of eleven chapters, XIII. to XXIV.

CHAPTER XIII.-General view of the Fourth Article of the Constitution of the United States as that from which only the quasi-international law, above described, can derive its exist

ence.

CHAPTER XIV.-A few remarks on the first section of this Article in connection with the general subject.

CHAPTER XV.—The first paragraph of the second section of this Article in the same connection-examination of the extent of the terms, "the citizens of each State."

CHAPTER XVI. Further examination of the same clause: effect of the words, "the privileges and immunities of citizens.” CHAPTERS XVII. to XXIII. will relate to the second and third paragraphs of the second section of the Fourth Article.

CHAPTER XVII. Of the persons who may be demanded, or claimed, under the second and third paragraphs, as fugitives from justice, or from labor.

CHAPTER XVIII.—Of the manner in which these two provisions take effect upon private persons. Here the question of the proper construction of these clauses, or their character as either public or private international law, will be examined.

Five chapters, XIX. to XXIII., will relate to the means by which these provisions may be carried into effect.

CHAPTER XIX.-Examination whether, construing the provision relating to fugitives from service, or labor, as private law, it executes itself in any sense-whether the fugitive may be seized independently of the action of any public authority. CHAPTER XX. Examination whether, on the supposition that either of these two provisions may be carried into effect by

the government of the United States, there are any other provisions in the Constitution which must regulate the exercise of

its power.

CHAPTER XXI.-Examination whether Congress has power to legislate in respect to the execution of these provisions.

CHAPTER XXII.-On the supposition of a power in Congress to legislate, examination whether the means provided by the actual legislation for the delivery of fugitives from justice are necessary and proper.

CHAPTER XXIII.-The same inquiry in respect to the legislation of Congress relating to fugitives from labor.

The preceding chapters on the effect of the constitutional provisions are classed under quasi-international law.

CHAPTER XXIV.-Relates to private international law, properly so called, operating between the States as independent political districts-being identified in each with the local, municipal, or internal law of such several jurisdiction. The propriety of the classification of the cases arranged under that head will, of course, depend on the extent of the constitutional provisions. This division of the private international law being taken to apply in cases not coming under the clauses of the Fourth Article.

CHAPTER XXV.—Will relate to private international law of the United States as one nation, or state, affecting the relations of persons coming from foreign states, and the relations of domiciled inhabitants of the United States as affected by the laws of foreign countries.

NEW YORK, August, 1856.