Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-09

TInHt d nO.
be deprived. This view is obviously correct and ii has
been sustained by repeated judicial decisions In the
case Of Morris x Campbell 3 Harris s. NJ Henry D.
500, which arose under the statute of Mary land au-
thorzng attachments against the property of non.resi
Dents and which could not be sued out against resi-
dents Judge Chase in deciding the law to be constitu
tional, said:
"Privrse and immunity synonymous or nearly
so. Privilege signifies peculiar advantage, exemp
ton, immunity; immunity slgAiTes exemption, pri
vilege. Z
"The peculiar advantages and exemptions contem
plated under this part of the Constitution, may be as
ceralned, with precision and accuracy, yet salts
factorily..
s'By taking retrospective view of our situation an
tecedent to the formation of the first General Govern
ment the confederation in which the same clause
is Inserted one of the great objects must occur TO every
person. which the enabling the citizens OF the Sc.
ver States TO acquire and hold real property IN any oil
the States, and deemed necessary each State was
sovereign and independent State and the States had
conederated only for The purpose OF general defence
and security, and 10 pronounce the general welfare
alt seems agreed, from the manner of expoundlng or
defining The words lmmunites and privileges, by the
counsel both Sides that particular and limited ope
ration re given these words, and not full and
;omprehensIv 1t agreed does not mean the
right of election; the right of being elected the rgh,
Of holding Office. The court are of opinion It means,
that the citizens Of all the States shall have the pecu-
personal property, and that such property shall be pro-
tected and secured by the laws Of the State in the same
manner as the property Of the citizens Of the State is
protected"
Judge Washington, in the Circuit Court held the
doctrine, in deciding the of Corhctd and
Coryei, which arose under law Of New Jersey, in
which the consttutionality of the following provision
came in question:
"That il shall not be lawful for any person, who is
not at the time actual nhabtan and resident IN thus
State, 10 rake gather CLANS oysters shells n any
OF the rivers, bays waters tins State board oil
any cnna fiat, scow, boat other vessel, not wholly
owned by person. inhabltant Of, and actually re-
siding this State and every person offending herein
shall forfeit and pay $40, to be recovered, Ac, and
shall also forfeit the canoe flat, &c. employed in the
commission of such offence, with all the cllns, oys
tiers, Shells rakes longs tackle, furniture and apparel
in and belonging TO the same.
stThe seventh section makes it the duty OF all she.
riffs and consables and permits any other person TO
seize and any such canoe, flat, &c, ard mme
diatey 10 give information thereof to two Justices oil
the Peace Of the county where such seizure shall have
been made who required TO meet al such time and
place they should appoint for the trial thereof and
10 hear and determine the same, and in case the same
should be condemned it should be sold by and under
the order and direction OF the said Justices who, after
deducting the costs and charges should pay one half
The proceeds the collector of the county in which
such offence committed and the othe. half to tho
persons who seized and prosecuted the sane.
In deciding this case the learned Judge first answer
ed the objection that II unconstitutional regua
ton Of commerce. and then the objection, that 1t con-
cted with the I'd section Of the 18th article Of the Con-
stitution. On this point he said
"he question is whether this act infrlnges that
section of the Constitution which declares that the CT
tzcns of each State shall be entitled all the privileges
and mmuntcs OF citizens IN the several States:
"The enquiry is, what the privileges and lmmu-
mites of citizens in the several States: We feel no he
station in conining this expression 10 those privi-
legcs and immunes which are, III their nature, Jun
which, belong, fright to the citizens OF all
free governments: and which have al all times, been
cnioyed by the citizens Of The several States winch
compose tins Union, from The time Of their becoming
free independent and sovereign. What these iunda-
mental principles arc, il would perhaps be more ted'
ous than difficult 10 enumcrate. They may however,
he all compehended under the following general heads
protection by the Government; the enjoyment OF HE
and liberty, with the right 10 acquire and possess pro-
pcry of every kind, and 10 pursue and obtain happ-
and safety subject nevertheless, To such restraints
rs the Government Justly prescribe Tor Tie gene
raj rood ofthe whole.
.But we cannot accedc to the proposition which was
insisted on hy the COUNSEL that under this provision OF
the Con. ,tulion the citizens of the several States are
permitted 10 participate all The righs which belong
exclusively 10 the citizens Of any Other particular State
merely upon the ground that they enjoyed BY those
citizens; much less, that in regulating the use Of the
common property Of the citizens OF such State the e-
oislanre is bound 10 extend TO the citizens OF all the
other States the same advantages are secured TO
other citizens. 80
These authorities sustain me- think, IN tile postion
which have taken. The question IS not, whether TINS
bill imposes restrictions upon the citizens Of New York;
which are not imposed upon the citizens OF virginia
but il is whether impose restrictions IN IL upon Inc
citizens of that State which have not the right to
impose upon the citizens of this In word, whether
The bill depriyes citizens of New York Of privileges
Mt ear 10 Ip-
prived.
We could not suspend the writ of habcaS corpus as
to citizens of New York we could not say they
should not hold real estate in this Commonwealth
These are rights of citizenship OF which we cannot de-
privc our own citizens, and of which We could not,
therefore deprive the citizens Of New York For the
same reason we Icould not say they should not sue IN
our courts though we may say, IN hct we do say,
that they shall not do without giving security for
casts even though do not require 1t IN similar cases
from own citizens. "a
We NAV discriminate between own citizens and
ct;zens Of other States, provided in making that DIS
examinations we do not deprive them OF any privilege
NJ WHICH citizen cannot be deprived. In fact, our
q; code is full of laws discriminating, not only De-
t,veen non.resdents and citizens but between different
classes of our own cilizens. r.
There il discrimination, Mr.. Speaker, IN favor Of
tho nrofession to which you belong. No one but IL
ccnsed attorney can bring suit or plead IN court e1
con, IN his own cause We never grant an act oil IN
cornoraton in which we do not make determinations
One set of individuals, who may be invested WIN
BANKING privileges issues currency which circuates
as money when all others prohibited from dong SO
under heavy penalties. But will only refer to one
more instance because it is the most striking OF all
The elective franchise. That privilege is the most mes
Unable of all others In fac it includes all Diners
The privilege of selecting those who are to make inc
laws under which live is the greatest privilege oil
freeman. Yet, in regulating the right of suffrage we
do discriminate between different classes of society
and whatever difference OF opinion there may be as 10
e propriety of doing it, there can be none as 20 Tue
nower The fact that this discrimination IS made IN le
State Constitution make no difference, i was
,dop,ed since the Federal compact was ordained, anu
we have no more right to make unconstitutional d's
elimination in constitution than we have N law
But the right of suffrage before adoption Of our a,a
Constitution regulated by statute, and IN 1t eve"
greater discrimination made
I'VE make determinations between different Glasses
of own citizens, and we make still greater ones De-
tween them and non-resdents. Attachments may oe
;sued against non-residcns, and their properly soo'
aJr circumstances in which similar proceedings can
not be had against residents We require security .o'
costs of non residents when we make no such
oc o,r owp nronlr I'm passing ferries lois are