The Law of Freedom and Bondage in the United States

General question of the extent of privilege guaranteed.

SEC.

660. Question between a national or local measure of privilege,
661. Of State legislation as authority in this inquiry,
662. Notice of various judicial opinions bearing on this inquiry,

vision, .

663. Of decisions against rights claimed to be supported by this pro-

664. Language of Kent and Story,

665. Distinction between citizens sojourning and seeking a domicil,

666. Weight of authority in favor of a measure of privilege given by

the law of the forum,

667. Argument, from the personal extent of common law in the colo-
nies, that the measure is national and not local,

668. In some of its consequences, this doctrine does not confiict with

the authorities cited,

669. Of other important consequences of this doctrine,

670. Of the police power of the States as possibly limiting the extent of

privilege under this provision,

Question of right of slave-ownership under this clause.

671. Of three different grounds on which the claim of slave-ownership,

by a citizen of another State, may be urged,

672. Citation of the earlier cases,

673. Citation of the various Opinions in the case of Lemmon's slaves,

674. Opinion of Bartley, Ch. J., in Anderson v. Poindexter,

675. The general measure of privilege recognized by the authorities ex-

cludes the claim in a free State,

676. The common law of England, if a continuing measure of privilege,

does not support the claim,

367

677. The private international law anterior to the Constitution, if the

measure of privilege, does not support it,

368

678. Nor does the doctrine of judicial comity, as the measure, because

comity is subject to legislative alteration,

679. Failure of the argument from the anterior international law,

680. Slaves ceased to be absolute chattels before the Constitution; the

consequence in this connection,

370

681. The existing right of the owner is not property by international

law,

370

682. Argument from the recognition in other parts of the Constitution

of rights in respect to slaves,

371

683. The support given to the claim by international private law may

be terminated by legislative action,

371

684. Of the claim to an apprentice under this clause,

371

Of the construction of this section of the fourth Article.

685. Statement of the question of the construction of this provision,

686. Of a possible legislative construction,

687. Some judicial dicta on the construction,

688. Consequences of different constructions,

689. True construction indicated,

375

CHAPTER XXV.

THE

OF THE DOMESTIC INTERNATIONAL PRIVATE LAW OF THE UNITED STATES.

OF THE SECOND AND THIRD PARAGRAPHS OF THE

SUBJECT CONTINUED.

OF THE PERSONS WHO MAY BE

SECOND SECTION OF THE FOURTH ARTICLE.

DELIVERED UP AS FUGITIVES FROM JUSTICE OR FROM LABOR.

Statement of the inquiry to be pursued.

690. The provisions relating to fugitives from justice and from service

recited,

691. Reasons for considering the clause relating to fugitives from

justice,

692. Questions discriminated and their order stated,

Who may be demanded as fugitives from justice.

377

378

693. Question of the meaning of "treason, felony, or other crime,"

694. Opinion of Taney, Ch. J., in Kentucky v. Dennison, .

695. Quality of the authority afforded by the action of Governors of

380

381

696. Controversy between the Executives of Virginia and Pennsylvania, 386

697. Controversy between the Executives of Virginia and New York,

698. Controversy between the Executives of Maryland and Penn.,

699. Controversy between the Executives of Virginia and Ohio,

703. Another reason for strict interpretation,

SEC.

700. Authorities on the general interpretation of the terms,
701. Standard of interpretation stated,

702. Of strict interpretation in favor of liberty,

704. Of the juridical practice anterior to the Revolution,

705. Argument from the language of the Article of Confederation,

398

706. Punitory laws protecting slavery are to be recognized in this in-

terpretation,

399

707. Application of this conclusion,

400

708. Deduction of general rule impossible here, by the exclusion of the

709. Interpretation of "charged" and "fled from justice,"

710. Interpretation of the word "State" in this clause,

713. General nature of the service which may be recognized,

714. Whether servitude of adults under indentures is included,

715. That service of apprentices is included,

404

405

716. That service of the slaves of the slave-holding States is included,

717. Of the discrimination of races in view of capacity for this service,

718. Whether servitude of negroes under modified forms of slavery

720. Authorities on the interpretation of "escaping,"

724. Case of slaves who have infringed the penal law of the forum,

414

725 Of the interpretation of "State" in this clause,

415

726. Not affected by the Ordinance of 1787,

419

CHAPTER XXVI.

DOMESTIC INTERNATIONAL LAW OF THE UNITED STATES. THE SUBJECT CON-
COMPARISON OF THE AUTHORITIES ON THE CONSTRUCTION OF THE
PROVISIONS FOR DELIVERING UP FUGITIVES FROM JUSTICE AND FROM LABOR,

TINUED.

Limits of the question of construction.

727. Construction incidental to the question of the means by which

these provisions become effective,

728. Statement of the four possible constructions of these provisions,