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[267 Index Ableman v. Booth, 210 Ackerman, Bruce, 29 Adams, John Quincy, 14 American and Ocean Insurance Companies v. Canter. See Canter, American and Ocean Insurance Companies v. Amistad, 77 Anthony, Susan B., 213 Baldwin, Henry, 44, 66, 184 Bank of Augusta v. Earle, 16–17; anticipated in Charles River Bridge, 104; corporate citizenship in, 126–27; rejection of judicial legislation in, 59–60; Story’s Conflict of Laws in, 63 Bank of the United States v. Deveaux. See Deveaux, Bank of the United States v. Barbour, Phillip P., 65 Bend v. Hoyt, 38–39, 43–45 Benton, Thomas Hart, 134, 184, 178 Berlin, Ira, 70 Bickel, Alexander, 29 Birney, James G., 75, 93 Black, Jeremiah S., 218–19 Blackstone, William, 22, 47, 83, 100 Blair, Montgomery, 149; argument in Dred Scott, 149–50; on congressional power over territories, 183; reargument of Dred Scott, 151; use of Swift in Dred Scott, 52, 154 Bodenhorn, Howard, 70 Brandeis, Louis, 55, 236n11 Brush v. Ware, 234n28 Buchanan, James, 2, 94; communication with Catron and Grier on Dred Scott, 153; implicated in proslavery conspiracy, 135–36; inaugural address of, 133–34 Butler, Benjamin, 125 Calhoun, John C., 23, 183 Campbell, John A., 49; accepts corporate citizenship, 209; advocated secession, 72, 75; and common-property doctrine, 183–84; and corporate citizenship, 117, 121, 132; in Dodge, 98; on free soil, 193; and McLean’s Dred Scott opinion, 158; on Missouri Compromise, 185; and Ohio bank cases, 113; in Pease, 157; and plea in abatement in Dred Scott, 150–51; and Privileges and Immunities Clause, 168; rejects Letson, 128, 129–30; on slavery and corporations, 115; and southern faction, 34; on Taney Court and slavery, 75; on territories in Dred Scott, 193–94 Canter, American and Ocean Insurance Companies v., 124–25, 197–98 Cartwright, Samuel A., 212 Catron, John, 45, 195; accepts corporate citizenship, 209; amoral jurisprudence of, 18–19; on Cooley, 94; and corporate citizenship, 117, 121, 132; criticizes Marshall Court, 19; in Dodge, 98; and dueling, 234n19; on Missouri Compromise, 196; on Needful Rules Clause, 187; on Nelson’s Dred Scott opinion, 158; and Ohio bank cases, 113; and plea in abatement in Dred Scott, 150–51; in Prigg coalition, 89–90; 267 268 index 1 Catron, John (continued) rejects Letson, 128, 129; rejects Taney’s citizenship ruling in Dred Scott, 177; rejects Taney’s territorial ruling in Dred Scott, 179, 192, 194, 201; on slavery and corporations, 115; on statutory interpretation, 16; upholds freedom claim, 78–79 Charles River Bridge v. Warren Bridge, 102–3; curbs legal imagination, 108; economic and political implications of, 103–5; Taney adheres to, 112; and Taney Court, 113–14; Wayne and McLean adhere to, 111–12 Chase, Samuel, 117–18 citizenship law, 73, 117–18, 165, 168–69; and African Americans, 81, 89, 115, 116, 131, 151; and corporations, 117, 121, 127–28, 132; creation of federal citizens under, 122; and District of Columbia, 123–24; dual capacity in, 117–18, 122, 166, 173–75; and emancipation, 164; and federalism, 118; federal rights under, 119, 121–22; and Mexicans, 97; and Native Americans, 162; and naturalization, 242n17; and slavery, 172; state capacity primary under, 122–23; and suffrage, 172–73, 174; and territories, 125; and women, 162–63 Clay, Henry, 69 comity, 63, 123, 141 Commerce Clause, 26, 64, 65–66, 91–92; confusion concerning, 26; Marshall Court and, 25–26; and police power, 25–26, 87, 89 common law, 46 common law, federal, 60, 92; before Swift, 24, 58; invoked in Swift, 53, 55–56 Commonwealth v. Aves, 216 compact theory, 23 Compromise of 1850, 69, 72, 75 concurrent sovereignty, 92; and Ableman, 210–11; and corporations, 112; Curtis’s use of, 173; and Dennison, 211; disillusionment with, 214, 219; failure of, 220; and federal citizenship, 166; and federal territories, 179, 186; and Marshall Court, 24; McLean rejects, 95; and Nelson, 152; sources of, 21; Taney and Catron support, 87; and Taney Court, 24–25, 94–96; Taney on, 90 Conflict of Laws (Story), 31, 62–63; appeal of, 63–64; difficulties of application, 64; and Prigg, 83 Constitution. See U.S. Constitution constitutionalism, 21 contracts, 38–40; Marshall on, 100; Taney Court rulings on, 40–41 Cooley v. Board of Wardens of the Port of Philadelphia, 26, 94; Curtis’s revisions of, 206; impact on factionalism, 95 Corfield v. Coryell, 120 corporations, 70–71; charters constitutionally protected, 111; and slavery, 92; and state sovereignty, 107 Corwin, Edward, 181 Cotton Is King (Elliot), 212...

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