A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled ( " negative servitude " ) or to suffer certain things to be done to his property which an owner otherwise could be entitled to forbid or resist ( " positive servitude " ).
32.
Also, the nature of the positive duties imposed by the right to have legislative and other measures taken to protect the environment, to realise the right to housing, the right to health care, food, water and social security, and the right to education, would usually result in them not being applicable to private conduct . The remaining rights in the Bill of Rights can, depending on the circumstances of a particular case, be applied directly horizontally, so as to impose duties on private individuals to conform their conduct to the Bill of Rights.
33.
Not only did he actively enlist all able-bodied black men at an unprecedented rate often with the assistance of all-black recruiting squads, and despite the legislature's strident objection to the continued presence of black troops in the state he sustained martial law in the state in order to override the state's civil courts and governments because of their obvious unwillingness to assume " their clear and positive duty to protect the people from forcible wrongs, whether inflicted under the forms of law or otherwise . " He legitimated slave marriages to protect the wives and children of enlisted men ( in part a response to the Camp Nelson embarrassment ), established refugee camps, fended off efforts by various municipal governments to expel fugitive slaves and free blacks alike and deny them the opportunity to find employment, released slaves from jails and workhouses, ordered that no bondman should be forced into service as substitutes, and issued tens of thousands of travel passes enabling African Americans to move freely within and without the state in search of employment.
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