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

John Codman Hurd

Little, Brown, 1862

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CHAPTER	xxxi

CHAPTER XVII	1

Authorities on the quality and source of the powers exercised by the Governors	2

Review of the authorities on the construction of the provision relating to fugitives from justice	3

Observations on the comparative force of the cases under these Acts	5

Defect in the argument from decisions under the older Act	12

542	13

543	19

The argument applied against the first and second construction	543

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	559

The case of Belt	560

545	28

549	41

Of the exclusion laws of various States as authority that they	46

550	48

Independent examination of the question	60

46	61

553	67

554	74

The question of negro citizenship examined	108

46	129

Order of inquiry in determining the personal extent of the term	141

CHAPTER XIX	154

568	171

556	179

39	216

How far the distinction between persons and things in interna	220

Of the possibly direct operation on private persons of such pro	226

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

CHAPTER XXIII	270

The support given to the claim by international private law	280

Reason for recurring in this inquiry to the general practice of	324

753	343

Distinction between citizens sojourning and seeking a domicil	353

474	359

Statement of the question of the construction of this provision	372

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES	377

Governors action declared ministerial by Taney Ch J in Ken	381

SEC PAGE 760 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	398

33	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 included	406

Of the discrimination of races in view of capacity for this service	407

351	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

SEC 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

New York	438

The case of Hill v Low	439

The case of Commonwealth v Griffith	440

The case of Johnson v Tompkins	441

Delaware	445

Opinion of Judge Nelson in Jack v Martin	446

When citizen would be distinguished from subject in inter	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

First portion of the Opinion of Judge Story in Priggs case inclin ing to the fourth construction	457

Statement of various questions arising under this clause	461

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

The next portion affirming the constitutionality of the Act of 1793	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

The cases later than Priggs case	488

Of the force of personal distinctions ascribable to universal juris	489

Bearing of the decisions justifying seizure and removal 921 Language of Tilghman Ch J in Wright v Deacon 922 Bearing of the Opinions in Jack v ...	491

The case of Kauffman v Oliver 765 The cases of The State v Hoppess and Driskill v Parrish 766 The case of Sims 767 The case of Allen U S Dep Ma...	492

North Carolina	508

Booth remanded by the State court while the action was pending in the District court	521

SEC PAGE	531

The power cannot be derived by implication	537

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	569

Argument from the similar provision in the Articles of Compact of the New England colonies	571

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

Of the absence of judicial opinion supporting this view	591

CHAPTER XXVIII	598

Of the persons affected by these Acts	604

Bearing of the same case on the question of the political source	608

Tennessee	612

Argument from settlement of claims under treaty	621

Of the word citizen as used twice in this clause	626

CHAPTER XXIX	629

SEC PAGE 865 The cases Commonw v Holloway Hill v Low and Worthington v Preston	630

The case of Wright v Deacon	631

Naturalization the prerogative of Congress only	632

Opinions of Taney Ch J and Judge McLean	635

Language of Judge Shaw in Sims case and Judge Marvin in Allens case	636

Bearing of these authorities distinguished in respect to the quality and the source of the power exercised	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

Ordinary magistrates could not represent the State politically	644

Whether the magistrates in these cases exercised power politically derived from the State	645

Bearing of the question of construction on this inquiry	646

The anterior action of the constituent parties is here to be	648

An objection from the statutory character of the proceeding	649

The Opinions in Priggs case are conformed to this view	650

The authorities support the action of State magistrates as exercise of concurrent judicial power	652

Opinion of Judge Shaw in Sims case	653

Argument from the use of the word in other clauses of the Con	654

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

Argument from the personal extent of common law in the colo	667

South Carolina	668

Opinion of Chief Justice Whiton in Booths case	670

Opinion of Judge Crawford in Booths case	672

Citation of the various Opinions in the case of Lemmons slaves	673

Character of the act of judgment examined	691

Controversy between the Executives of Virginia and Pennsylvania	696

CHAPTER XXX	697

706	706

719	719

The arguments discriminated 723 935 Of the argument in the parallel with the delivery of fugitives from justice	723

Of the argument that slaves are not parties to the Constitution 938 Of the argument from the character of the act of judgment and the argument from ...	724

Other objections to the validity of these Acts	729

Objections of want of jurytrial in both Acts founded on certain	743

Georgia	744

THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES THE SUBJECT	760

357	770

SEC 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

The Opinions of Judges Swan and Peck in the cases of Bushnell and Langston	777

The Opinion of Judge Brinkerhoff in the same case	778

The Opinion of Judge Sutliff in the same case	779

The case of the United States v Buck	780

Story in Priggs case generally followed but his view often mis	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 slave trade as crime	789

Of questions arising between the United States and foreign coun tries under general international law	790

360	791

Of the arrest without warrant 740	793

Question as to the validity of the action of Governors of States	794

273	795

Of the meaning of the word State in this clause	796

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The Law of Freedom and Bondage in the United States, Volume 2
John Codman Hurd
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Common terms and phrases

Act of Congress action adopted amending apply argument arrest Articles of Confederation authority certificate citizens citizenship claim claimant clause colonies comity commissioner common law compact Constitution construction crime declared delivered determined doctrine doctrine of comity domiciled inhabitants duty effect emancipation enacted entitled escaped executive exercise fourth Article free negroes free persons fugitive slaves fugitives from justice fugitives from labor Governor habeas corpus held international law Judge judgment judicial power juridical jurisdiction jury law of Congress legislation legislative power legislature liberty limits magistrate manumission master mulatto national Government offence officers opinion owner parties persons of color political Prigg's private international law private law private persons privileges and immunities proceedings prohibit provision punishment question recognized reference relation remove repealed respect rights and obligations service or labor slavery sovereignty statute Supreme Court Taney Territory tion trial trial by jury Union United words

Popular passages

Page 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.‎

Appears in 818 books from 1819-2008

Page 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...‎

Appears in 473 books from 1813-2008

Page 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...‎

Appears in 682 books from 1810-2007

Page 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.‎

Appears in 891 books from 1796-2008

Page 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.‎

Appears in 690 books from 1861-2008

Page 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.‎

Appears in 393 books from 1861-2008

Page 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.‎

Appears in 385 books from 1861-2008

Page 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...‎

Appears in 701 books from 1815-2008

Page 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.‎

Appears in 846 books from 1803-2007

Page 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.‎

Appears in 824 books from 1789-2008

Bibliographic information

Title	The Law of Freedom and Bondage in the United States, Volume 2 The Law of Freedom and Bondage in the United States, John Codman Hurd
Author	John Codman Hurd
Publisher	Little, Brown, 1862
Original from	the New York Public Library
Digitized	31 Mar 2006

Export Citation	BiBTeX EndNote RefMan

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