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

John Codman Hurd

Little, Brown, 1858

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States	xlii

LAW DEFINED AND DIVIDED	xlix

Jurisprudence is the science of a rule identified with the will of	5

International law a rule acting on nations as its subjects	10

The authority of national and international law compared	11

International law acting on nations is not law in the strict sense	12

The recognition of natural law in national and international law	13

Natural law becomes a coercive rule in being identified with the will of the state	14

Whether any disabilities of the emancipated negro were ascribed	339

Of the distinction of race as noticed or not in these authorities	340

264	342

116	346

His limitation of the extent of this right	347

Franchises enjoyed by persons of African or Indian race were	348

But not known as effect of universal jurisprudence when rejected	349

273	350

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 Object of the	20

Of the distinction between persons and things 22 Relations consist of rights and obligations 23 Rights of persons and rights of things distinguished 24...	21

Law applies to territory and to persons	26

National and international law are thus differently applied Origin of	27

Natural reason acknowledged in positive law	28

Of legislation and the judicial function	29

Of the authority of judicial precedents	30

Of customary law	31

Of the authority of private jurists	32

Of the authority of foreign laws	33

Of the authority of universal jurisprudence	34

Unwritten or customary law a part of positive law	35

In what manner international law is derived	36

Of individual and relative rights	40

Of liberty as an effect of law	41

The legal and the ethical idea and objective and subjective apprehen	42

5	45

The first portion described a law in the secondary sense	49

The law has different extent to different persons	55

Private persons are distinguished by axiomatic principles of universal	61

Statement of the third maxim	74

The tribunal must ascertain the will of the state in the case	76

Though disallowed in the forum its incidental effects in the foreign	82

Practical effect of the ordinary doctrine of judicial comity	84

The effect of foreign laws limited by laws having universal personal	88

authority of some national law	97

Of legislation as limiting the judicial application of elementary prin	103

Personality or legal capacity a necessary topic of private interna	109

Conditions supported by universal jurisprudence become conditions	113

On a change of sovereigns the territorial law of a country con	123

Of political authority in America derived from the compacts of	128

sion of liberty	129

Civil and political liberty liberty by public and by private law	134

The right of property under this personal law existed only in refer	138

THE ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIESTHE SUBJECT	142

Of universal jurisprudence affecting personal condition forming	144

Of the jus publicum in the Roman law	150

The Romans held slavery arising from captivity to be based	153

Changes occurring in international law are not simultaneous among	159

Chattel slavery of infidels and heathens supported by universal	165

Why the common law of every state must exhibit its own recep	173

The condition of a negro brought to England determined either	178

Case of Chamberlayne v Harvey	184

Lord Mansfields decision in Somersets case	190

Necessity of recurring to principles of universal jurisprudence	198

53	199

Power of the imperial government to determine the condition	203

Extension of the English law of free condition to colonists of other	209

66	220

44558	230

Public and private character of the law determining the condition	239

ESTABLISHMENT OF MUNICIPAL LAW IN THE COLONIES THE SUBJECT CON	247

114	255

PAGE	267

Effect of a conversion to Christianity upon slavecondition how	268

57	269

Inquiry into this why postponed	272

Rhode Island	273

7	278

66	279

New Jersey	282

8	283

14	284

15	286

North Carolina	293

17	296

Effect of former international recognitions of slavery	297

58	298

20	300

22	302

Reasons against admitting their universal extent in Massachusetts	303

23	306

Its extent so determined in Massachusetts and the British Islands	307

Georgia	308

Whether negro slavery had before that case been lawful	313

Opinion of Gudelin on this point	318

The condition of the last whether bond or free determined by	322

International effect of common law as a law personal to the	324

225	325

second chapter	328

Of the deficiency of legislative enactments on this topic	329

254	331

Authorities on the law of the Netherlands	335

71	352

Quality of political liberty variable according to its distribution	353

negro race	356

171	358

Slavery therefore not supported by universal jurisprudence	362

291	364

Supremacy of the national judiciary in determining the law con	365

59	369

Argument that in this connection the term means any free person	372

309	374

The Territories of the United States are under the jurisdiction	376

The word people in the constitutions designates only a portion	377

316	381

This international law is determined by the different sources of	386

322	387

75	391

Powers of the States in respect to naturalization of domestic aliens 451	393

Change in the location of sovereign power which occurred in	394

Statement of the theory of the location of sovereignty under	404

National municipal law to be considered as affecting individual	405

118	408

Of limitations on the powers reserved to the States	411

CONDITIONS OF FREEDOM AND BONDAGE CONSIDERED WITH REFERENCE	415

200	418

Relation of the Constitution of the United States to the condition	422

363	426

Common law in the Territories is a local law	432

OF THE DISTRIBUTION OR CLASSIFICATION OF PRIVATE LAW AFFECTING	438

384	444

nicipal law	445

76	447

391	450

399	455

Of powers whose nature may vary by their investiture in the	462

Of the territorial limits of the States	468

417	469

Of that international law which is derived from the several jurid	473

424	475

The laws of the several States have no territorial extent beyond	477

Question of a limitation of the residuary power held by the people	478

Continuation of the customary distinction of two systems of per	484

439	487

International law in the Territories regarded as jurisdictions having	488

119	492

Opinion of the Court delivered by Chief Justice Taney	493

449	494

Mr Justice Curtis opinion	501

Fallacy in the doctrine that in the Constitution slaves are referred	507

The political people of the States identified with the people of	511

120	514

No such effect has been judicially ascribed to such national decla	516

The question of the lawfulness of slavery in the Territories is one of international private law	523

Ambiguous use of the term positive law	524

Use of terms by Justice Holroyd in an English case and by Chief Justice Shaw	525

123	526

Illustrated by Chief Justice Shaw in Commonwealth v Aves	527

Illustrated in an extract from Senator Benjamins speech	528

The guarantee of private property as extending to rights in respect	529

Of Lord Stowell and Judge Story as cited by Senator Benjamin Theories of the power of the national Government in the Territories	530

The three functions of sovereignty are necessarily combined in the manifestation of juridical power	531

Conditions of the exercise of executive and judicial power in the Territories	532

Inconsistency in denying the legislative power in Congress	533

The idea that the national Government may remain neutral in	534

spect to slavery	543

172	553

527	558

Necessity of a customary standard of property	559

Which was part of the American law having national extent	560

508	561

Of the further exposition of the local municipal	564

207	567

173	568

The condition of slavery an effect of the local law of a colony	574

151	579

528	581

531	588

596	596

Distinction of State laws as having universal personal extent 539 Limitation of the view hereafter to be taken of liberty and slavery	597

153	599

177	600

124	601

88880	604

161	605

182	610

165	613

189	614

143	616

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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

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常見字詞

according action African alien allowed appear applied attributed authority become British called chapter character chattel Christian cited civil colonies common law condition considered constitution continued contrary court custom derived determined distinction domiciled duty effect enacted English equally established existence extent fact force foreign freedom gentium give given held Hist historical imported independent Indians individual inhabitants international law judgment judicial juridical juris jurisdiction jurisprudence justice known law of England law of nations legislative liberty limits master mulatto municipal natural reason negroes objects obligations operation origin particular period persons political prevent principles private persons provides province punishment question received recognition recognized reference regarded relations respect Roman rule rule of action says sense servants slavery slaves sovereign statutes supposed taken term territorial therein things tion trade tribunals universal

熱門章節

第 370 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 430 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 202 書籍中，時間範圍：1834-2008

第 115 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 477 頁 - ... there is a difference between property in a slave and other property, and that different rules may be applied to it in expounding the Constitution of the United States. And the laws and usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which Governments may exercise ove'r it, have been dwelt upon in the argument. But in considering the question before us, it must be borne in mind that there is no law...

出現在 84 書籍中，時間範圍：1857-2008

第 470 頁 - The purposes for which men enter into society will determine the nature and terms of the social compact; and as they are the foundation of the legislative power, they will decide what are the proper objects of it. The nature, and ends of legislative power will limit the exercise of it.

出現在 76 書籍中，時間範圍：1799-2006

第 116 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 254 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 496 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

第 466 頁 - 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. Wherefore as any man's deed past is good as long as himself continueth ; so the act of a -public society of men done five hundred years sithence standeth as theirs who presently are of the same societies, because corporations are immortal ; we were then alive in our predecessors* and they in their successors do live still.

出現在 127 書籍中，時間範圍：1821-2006

第 244 頁 - It is also agreed that the commissioners for this confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature...

出現在 96 書籍中，時間範圍：1792-2006

書目資訊

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