CHAPTER XVIII.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS

OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED. LEGISLA-

TION IN THE STATES OHIO, INDIANA, ILLINOIS, MICHIGAN, WISCONSIN, MIS-

SISSIPPI, AND ALABAMA, FORMED IN TERRITORY CEDED BY THE ORIGINAL

STATES.

THE LOCAL MUNICIPAL LAWS OF THE UNITED STATES AFFECTING CONDITIONS

OF FREEDOM AND ITS CONTRARIES. THE SUBJECT CONTINUED. LEGISLA-

TION IN THE STATES AND TERRITORIES FORMED IN LANDS ACQUIRED BY

TREATY OR CONQUEST; THE STATES LOUISIANA, MISSOURI, ARKANSAS, IOWA,

AND MINNESOTA; THE TERRITORIES NEBRASKA AND KANSAS, AND THE

INDIAN TERRITORY; THE STATES FLORIDA, TEXAS, CALIFORNIA, AND ORE-

GON; AND THE TERRITORIES WASHINGTON, UTAH, AND NEW MEXICO.

Legislation of the States and Territories in the third class.

566. Legislation of the State of Louisiana,

154

CHAPTER XX.

OF THE CONDITIONS UNDER WHICH PRIVATE INTERNATIONAL LAW MAY EXIST

IN THE UNITED STATES.

SEC.

Private international law in its connection with the local laws of

the several States.

581. Private international law briefly described,

PAGE

219

582. How far the distinction between persons and things in interna-

tional law requires notice,

220

583. Two political sources of the law prevailing in each State,

584. Alienage in respect to national and local law; foreign and domes-

tic aliens distinguished,

220

585. Application of international law in cases of temporary subjection

to local law,

The private international law of the United States distinguished
in view of its political basis.

586. In this international law the source of the internal law must be

distinguished, .

587. The condition of persons is primarily determined by the judicial

will of the State,

221

222

223

224

588. International private law in each State rests on its several power, 224

589. Of provisions in the Constitution creating an exception,

590. Word "State" understood to extend to Territories and the District

of Columbia,

591. Of the possibly direct operation on private persons of such pro-

visions,.

226

592. Consequences from different views of the nature of the Constitu-

tion,

226

533. Consequences of regarding these provisions as compacts between

the States,

594. Under either theory there is place for international private law,

595. Force of clauses which should apply to foreign aliens,

228

228

596. Powers of the States and National Government, in applying inter-

national law, compared,

597. Recognition of a general international private law, founded on

custom,

599. The international law of the United States distinguished as na-

tional and local, and as domestic and foreign,

231

B

SEC.

CHAPTER XXI.

OF THE DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES. GENERAL

CONSIDERATIONS RESPECTING THE PROVISIONS OF THE FIRST AND SECOND

SECTIONS OF THE FOURTH ARTICLE OF THE CONSTITUTION.

Of the construction of these sections.

600. Discrimination of portions of the Constitution in reference to in-
ternational private law affecting personal condition,

601. Of the question as to the construction of these portions,
602. Statement of four possible constructions,

Of the interpretation of these sections.

PAGE

234

235

236

238

603. Of the precedence of questions of interpretation, .

604. Such clauses are to be interpreted like international compacts, 239

605. The standard of interpretation found in the enunciation of antece-

dent law having similar effect,

606. A more condensed statement of the rule of interpretation,

CHAPTER XXII.

OF THE

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES.

THE SUBJECT CONTINUED. OF THE FIRST SECTION OF THE FOURTH ARTICLE

OF THE CONSTITUTION.

Of the general bearing of this section.

607. Connection of this section with the subject of this work, .

244

608. Of the actual legislation of Congress under this section,

609. Statement of the general doctrine as to the conclusiveness of State

244

248

610. Of distinguishing the conclusiveness of a judgment as evidence

from its operation or effect in a legal relation,

Authorities examined in view of this distinction.

611. Opinion of Wilson, J., in Armstrong v. Carson's Ex.,

612. Opinions of Lewis, Kent, Radcliff, Thompson, and Livingston, JJ.,

in Hitchcock v. Aiken,

613. Opinion of Sedgwick, J., in Bartlett v. Knight,

614. Opinion of Trimble J., in Roger v. Coleman,

SEC.

615. Opinion of Washington, J., in Green v. Sarmiento,

PAGE

251

616. Opinions of Parsons, Parker, and Sewall, JJ., in Bissell v. Briggs, 252

617. Opinions in Mills v. Duryee, and in other cases in the Supreme

618. Whether such suits are cases under the Constitution and laws of

the United States,

253

256

619. Whether Congress can give legal operation to the State judgment, 257

620. Language of Madison in the Federalist,

258

The question of the operation of the judgment examined.

621. Argument from the grammatical structure of the clause, .
622. Argument from the extent of the term "public acts,".
623. Argument from the reasons given in the cases of recognized ex-
ception to the general rule,

Of other questions under this clause.

624. Of the extent of the word "State" in this clause,

625. The question of construction does not arise under this clause,

CHAPTER XXIII.

259

261

264

267

269

DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES.

THE SUBJECT

CONTINUED. THE MEANING AND EXTENT OF THE TERM, THE CITIZENS OF

EACH STATE," IN THE FIRST PARAGRAPH OF THE SECOND SECTION of the

FOURTH ARTICLE OF THE CONSTITUTION.

Statement of various questions arising under this clause.

626. Of the word "citizen," as used twice in this clause,

627. The meaning of "citizen" compared with that of "subject," .

628. Of birth, naturalization, and domicil as determining citizenship, . 272

629. The legal effects of subjection to another jurisdiction may be re-

cognized in the forum,

270

271

273

630. How citizenship as well as subjection under another jurisdiction

may be recognized,

631. Four possible readings of this clause distinguished,

632. Naturalization the prerogative of Congress only,

633. The personal extent of the term and the degree of privilege indi-

cated are to be ascertained,

634. Also, by whom such personal extent and degree of privilege are

SEC.

Authorities on the question whether negroes can be citizens.

635. Of the exclusion laws of various States as authority that they are

not citizens,

636. Opinion of Taney, Ch. J., in Dred Scott's case,

637. Opinion of Daniel, J., concurring,

638. Opinion of McLean, J., dissenting,

639. Opinion of Curtis, J., dissenting,

640. Story's commentary on this clause,

641. Story's commentary on the same word in the third Article,

642. Kent's commentary on this clause,

PAGE

279

643. Kent's remarks on negro citizenship,

The question of negro citizenship examined.

644. Order of inquiry in determining the personal extent of the term

645. Reason for recurring in this inquiry to the general practice of na-

tions,

646. When "citizen" would be distinguished from "subject" in inter-
national compacts,

647. Of the force of personal distinctions ascribable to universal juris-

prudence,

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

garded,.

328

649. Of distinction of persons in respect to capacity for citizenship du-

ring the colonial period,

328

650. Conclusion that interpretation limits the term to whites,

651. Of construction of the clause by the intention of the parties,

652. Of the Articles of Confederation as an index of that intention,

653. Importance, in arguing from legislation, of remembering the dou-

ble meaning of the term "citizen,"

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

655. Argument from the language of certain Acts of Congress,

656. Weakness of any argument from intention,

Of other questions under this clause.

336

336

338

657. Of the capacity of persons who are neither of negro or of the Cau-

658. The personal extent of the term citizen is not determinable by the

casian race,

State police power,

659. Of the meaning of the word "State" in this clause,