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

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Little, Brown, 1862
 

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Innhold

Maine
34
New Hampshire
35
Vermont
36
Connecticut
41
no PAOK
46
Khode Island
49
New York 01
51
New Jersey
61
Pennsylvania
67
Delaware
74
North Carolina
81
Tennessee SO 557 South Carolina
95
Georgia
101
Authorities on the quality and source of the powers exercised by the Governors
113
Indiana
123
Illinois
132
Wisconsin
141
Alabama
150
Missouri
166
Iowa
174
Indian Territory
189
Texas
195
Territory of New Mexico
204
Utah Territory
211
Washington Territory
218
nc PAGE
219
Of provisions in the Constitution creating an exception
225
The international law of the United States distinguished as
231
Of the question as to the construction of these portions
235
The standard of interpretation found in the enunciation of antece
241
Of distinguishing the conclusiveness of a judgment as evidence
248
SSO FAOI
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized ex
264
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STAGES TIIE SUBJECT
270
Naturalization the prerogative of Congress only
276
Opinion of Taney Ch J in Dred Scotts case
280
Opinion of Daniel J concurring
298
Storys commentary on this clause
314
Reason for recurring in this inquiry to the general practice of
321
The anterior action of the constituent parties is here to be
328
Of the capacity of persons who are neither of negro or of the Cau
339
DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES THE SUB
342
Of decisions against rights claimed to be supported by this pro
349
Citation of the earlier cases
359
Opinion of Bartley Ch J in Anderson v Poindexter
366
The existing right of the owner is not property by international
370
OF THE DOMESTIC INTERNATIONAL PRIVATE LAW OF TOE UNITED STATES
377
Controversy between the Executives of Virginia and Pennsylvania
386
SIC PAS 700 Authorities on the general interpretation of the terms
392
Standard of interpretation stated
393
Of strict interpretation in favor of liberty 894
395
Application of this conclusion 400 708 Deduction of general rule impossible here by the exclusion of the judicial function
401
Interpretation of the word State in this clause
402
Question of interpretation stated
403
General nature of the service which may be recognized
404
Whether servitude of adults under indentures is included
405
That service of the slaves of the slaveholding States is included
406
Of the discrimination of races in view of capacity for this service
407
Irrelevancy of ethical considerations
409
Argument on the interpretation of that word
411
Of a case on the navigable river Ohio 412 723 The issue of escaped slave not included 412 724 Case of slaves who have infringed the penal law of t...
414
Of the interpretation of State in this clause
415
Not affected by the Ordinance of 1787
419
CHAPTER XXVI
421
BEO PAGE 729 Of the authority found in the actual legislation of Congress
424
Opinion of Taney Ch J in Kentucky v Dennison on the quality of the action of the Governor
427
Reason for here considering these authorities
430
Inference from want of action between the Executives of the differ ent States
436
Importance of distinguishing the cases in view of seizures made for two different purposes
437
The case of Glen v Hodges
438
The case of Hill v Low
439
The case of Commonwealth v Griffith
440
The case of Johnson v Tompkins
441
Opinion of Judge Nelson in Jack v Martin
446
The case of Peter alias Lewis Martin
455
Of the various questions which arose in the case of Prigg v Penn sylvania
456
First portion of the Opinion of Judge Story in Priggs case inclin ing to the fourth construction
457
The next portion of that Opinion inclining to the second or the third construction
465
The next portion supporting the third construction
467
Thenext portion confirming this view
469
SBC PAGE 762 The next portion affirming the constitutionality of the Act of 1793
472
Residue of the Opinion inclining to the second construction
474
Discrimination of the construction adopted by Judge Story
480
The case of Kauffman v Oliver
494
The cases of The State v Hoppess and Driskill v Parrish
496
The case of Sims
501
Of the Opinions in the case of Ableman v Booth
502
A portion of Judge Smiths first Opinion in that case supporting the first construction
504
A portion of the same Opinion denying the doctrines of Judge Story in Priggs case
513
A portion of Judge Smiths second Opinion in that case support ing the first construction
520
Booth and Rycraft released by the State court after judgment and sentence in the District court
521
The case of Booth before the Supreme Court of the United States 521 777 The Opinions of Judges Swan and Peck in the cases of Bushnell and Langs...
523
The Opinion of Judge Brinkerhoff in the same case
525
The Opinion of Judge Sutliff in the same case
527
The case of the United States v Buck
529
Story in Priggs case generally followed but his view often mis understood
530
SSO PACK
531
The power cannot be derived by implication 637
537
The argument applied against the first and second construction
543
Argument from the preexisting law relating to fugitives from
549
SEC FAOI 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 554 805 The case of Prigg v Pennsylvania
554
Dissenting Opinion of McLean J in that case
556
The case of Richardson
560
The case of Norris v Newton
561
Opinion of Smith J in Booths case 662
568
Argument by interpretation of shall not be discharged and delivered up on claim
570
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
Of cases arising under these provisions 582 822 Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction 684
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 PAO
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
SIC FACE
630
Language of Judge Shaw in Sims case and Judge Marvin
636
Argument from Judge McLeans language
642
An objection from the limited extent of State power
649
6i2
667
DC FA8E
673
Five different arguments discriminated 678 905 Defect in the argument from decisions under the older Act
681
Argument from the basis of legislation
688
Finality of the act in respect to the forum of jurisdiction
695
no PACE 919 Observations on the comparative force of the cases under these Acts
698
Bearing of the decisions justifying seizure and removal
699
Language of Tilghman Ch J in Wright v Deacon
700
Bearing of the Opinions in Jack v Martin
701
Decision of Judge Thompson in Martins case
703
Bearing of Priggs case
705
Language of Judge Shaw in Sims case
706
Opinion of Judge Smith in Booths case
708
Opinion of Judge Whiton in the same case
712
Remarks of Judge Crawford on the same case
715
Opinions in cases of Bushnell and Langston
716
Opinions of Commissioners Curtis and Loring
719
Opinion by Mr B R Curtis
720
Of the argument in the parallel with the delivery of fugitives from justice
724
Of the argument that slaves are not parties to the Constitution
726
Of the argument from the character of the act of judgment and the argument from necessity
728
Meaning of the word suit
729
Meaning of suits at common law
734
Argument from the former customary law
735
Of the value in controversy
737
Meaning of the term deprived of liberty
738
Conclusion that the guarantee of jurytrial has been infringed
740
Of an objection to the testimony allowed by the Act
743
Of another objection to such testimony
744
Of the demand for the possecomitatus
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
Of the claim in cases of temporary visit
768
no PASX
772
Opinions of Nelson and Grier JJ in the same case
778
Of the decision of a State court as the exponent of State law
784
Of questions arising between the United States and foreign coun
790

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Populære avsnitt

Side 242 - 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.
Side 205 - Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States...
Side 116 - September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States...
Side 119 - 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.
Side 265 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Side 264 - And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice.
Side 264 - I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.
Side 184 - Measures, is hereby declared inoperative and void : it being the true intent and meaning of this act, not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States...
Side 118 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Side 55 - The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all.

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