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

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Contents

550
48
552
61
553
67
554
74
555
81
556
89
557
95
558
101
Authorities on the quality and source of the powers exercised by the Governors
113
66
121
561
132
563
141
565
150
567
157
Missouri
166
570
177
572
186
575
195
578
211
580
218
SEC PAGE
219
Of judicial authority supporting this view
222
Of provisions in the Constitution creating an exception
225
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
SEC PAGE
251
Whether Congress can give legal operation to the State judgment
257
Argument from the reasons given in the cases of recognized
264
CHAPTER XXIII
270
The personal extent of the term and the degree of privilege indi
277
Opinion of Taney Ch J in Dred Scotts case
279
Or State legislation as authority in this inquiry
343
Of decisions against rights claimed to be supported by this pro
349
Of three different grounds on which the claim of slaveownership
357
Opinion of Bartley Ch J in Anderson v Poindexter
366
Argument from the recognition in other parts of the Constitution
371
CHAPTER XXV
377
Quality of the authority afforded by the action of Governors
385
Controversy between the Executives of Virginia and Ohio
391
SEC PAGE 700 Authorities on the general interpretation of the terms
392
Standard of interpretation stated
393
Of strict interpretation in favor of liberty
394
Another reason for strict interpretation
395
Argument from the language of the Article of Confederation 898
399
Application of this conclusion
400
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 aded
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
Case of slaves who have infringed the penal law of the forum
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
Of the inference from the action of Governors of the States in sur rendering fugitives from justice
425
Opinion of Taney Ch J in Kentucky v Dennison on the quality of the action of the Governor
427
Opinion of the Chief Justice in the same case on the source of the power exercised by the Governor
431
Kents doctrine that the matter belongs to the judicial function
434
Reason for here considering these authorities
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
Opinions of Senator Bishop and Chancellor Walworth in that case
450
The case of Helmsley
453
The case of Peter alias Lewis Martin
455
Of the various questions which arose in the case of Prigg v Penn sylvania
456
ing to the fourth construction
457
First portion of the Opinion of Judge Story in Priggs case inclin 749 The next portion of that Opinion inclining to the second or the third construction
465
The next portion supporting the third construction
467
The next portion confirming this view
469
SEC PAGE SEC 752 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
Opinion of Judge Wayne inclining to the second construction
481
Opinion of Chief Justice Taney supporting the fourth construction
483
Opinion of Judge Thompson inclining to the third construction
484
Opinion of Judge McLean inclining to the second construction
485
Opinion of Judge Daniel inclining to the fourth construction
488
Opinion of Judge Baldwin supporting the fourth construction
490
Classification of the Opinions of the several Justices on this ques tion
491
The case of Jones v Van Zandt
492
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 remanded by the State court while the action was pending in the District court
521
Argument from the preexisting law relating to fugitives from
549
SEC PAGE 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
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
562
Opinions in cases of Bushnell and Langston
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
Bearing of authorities on the provision respecting fugitives from justice
583
Correspondence of this view with the fourth construction
584
Bearing of the legislation of Congress respecting fugitives from labor
585
The judicial power of the States might be concurrently exercised
587
Of the comparative efficiency of the State and the national judi
593
The international law of the United States distinguished as
599
General view of questions arising under the laws of Congress
603
SEC PAGE
608
Argument from the extradition of fugitives from other countries
614
Judicial Opinions in Kaines case
620
Of penalties under the Act
627
SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston
630
The case of Wright v Deacon
631
Judge Storys language in Priggs case
632
Opinions of Taney Ch J and Judge McLean
635
Allens case
636
Language of Judge Shaw in Sims case and Judge Marvin in 872 Bearing of these authorities distinguished in respect to the quality and the source of t...
637
Argument from Judge Storys language
639
Argument from Judge McLeans language
642
Question as to the use of the term State magistrates in these instances
643
Order of inquiry in determining the personal extent of the term
644
Bearing of the question of construction on this inquiry
646
An objection from the limited extent of State power
648
An objection from the statutory character of the proceeding
649
Conclusion that interpretation limits the term to whites
650
The authorities support the action of State magistrates as exercise of concurrent judicial power
652
Opinion of Judge Shaw in Sims case
653
Weakness of any argument from intention
656
Decision of Judge Sprague in the same case
659
Citation of Opinions by Judge Sprague in Scotts case
660
Judge Spragues language in this case on this question
662
Judge Concklings decisions in Davis case
663
Decisions by Judges Marvin Conckling and Gridley
665
Opinion of Judge Smith in Booths case
667
Opinion of Chief Justice Whiton in Booths case
670
Opinion of Judge Crawford in Booths case
672
Decision of the Supreme Court of the U S in Booths case
673
SEO PAGE 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
The arguments discriminated
723
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
Objections of want of jurytrial in both Acts founded on certain
743
Of another objection to such testimony
744
SEC PAGE
745
Of the punishment of harboring and concealing
751
Of debates in Congress on the Act
759
Of the domestic slavetrade and Opinions in Groves v Slaughter
766
Of the meaning of the word State in this clause
768
SEO PAGE 967 The claim is dependent on the legislative power of the State
772
General doctrine of the cases previous to Dred Scott v Emerson
773
Opinions in Dred Scott v Emerson
774
Chief Justice Taneys Opinion in Dred Scott v Sandford
775
Opinions of Nelson and Grier JJ in the same case
778
Opinion of Daniel J in the same case
780
Opinion of Campbell J in the same case
781
Opinion of McLean J in the same case
782
Of the decision of a State court as the exponent of State law in the national court
784
Of other possible questions under this branch of the domestic in ternational law
785
CHAPTER XXXII
786
Of the extent of the powers of the national Government over the external relations of the United States
787
Status of foreign aliens otherwise determined by law of the States
788
Of the slavetrade as crime
789
Of questions arising between the United States and foreign coun tries under general international law
790

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Common terms and phrases

Popular passages

Page 244 - 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.
Page 207 - 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...
Page 118 - 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...
Page 121 - 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.
Page 267 - 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.
Page 266 - 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.
Page 266 - 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.
Page 186 - 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...
Page 120 - 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.
Page 57 - 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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