The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-24

and as distinguished from all other persons VINO are not
citizens Of the United States II IL not perhaps easy
u define with accuracy what Is meant by the expression
'citizen of the United States Although that express
son occurs twice the constitution, once in
reference to the President OF the United
States in which IL declared that but
citizen OF the United States shall be President
OF the United staes and second In reference TO Sena
tors who are likewise required To bo citizens OF the
United States Undoubtedly the expression Is used in
both these in the constitution In the In
which it is applied in the amendment now before the
Senate citizen OF the United States is believe, held
70 be a person who born within the lmsts OF tho
United States and subject TO their laws on tboadopion
Of the constitution The citizens of each State were In
qualified sense, at least aliens TO one another for the
that the several States before that time
garded by each other at least Independent, govern
ment each one possessing sovereign power TO enable IL
to claim the right OF naturalization, and undoubtedly
each Of them possessed for itself the right and
power of naturaizing foreigners, and each one also
that had seen lii 70 exercise that branch Of sove-
reign power might have declared the citizens OF
every other State to be aliens in reference It's
citizens with view 10 prevent such confusion and
disorder, with view 10 put the citizens Of the
raj States upon an equality one with another In
ference 10 certain fundamental rights. clause WAS in.
roduced into the constitution declaring that the citizens
OF each state shall be entitled 10 tho privileges aud i'm
munes OF the citizens of the several States Tho effect
OF this clause was TO constitute pso aco the citizens Of
each and every of the States. And how did they
become citizens of the United StatesY And how did
they become citizens Of the several statesS by birth
Naturalization They became such In virtue OF national
law, rather natural law which recognizes persons born
within the Jurisdiction Of every country being citi-
zens OF that country. Such persons are therefore
citizens OF the United States who were born la the
country who have become such by naturaliza-
on and the constitution declares that they entitled
such 20 all the privileges and mmunites of citizens OF
the several States They entitled 10 these privileges
and mmunlties and have right 10 assert them aud ask
for their enforcement whenever they from one
State 10 another 1t would be curious question to
solve:-What are the privileges and imnuntes OF the
citizens in each State In the several Satesy do not
propose TO go into that question at IL wolld be
rather barren discussion But 1t Is certain that that
clause inserted in the consultation for some good
purpose IL certainly has in view some beneficial pur.
1
not have been inserted / am not aware that The
Supreme Court OF the United States have undertaken 10
define either the nature of those privileges
and immuntes thus guaranteed TO the citizens
OF the several States. Indeed, IL my recollection
serves me, the Supreme Court certain occasion
not many years since, when this question appeared
present itself TO thcm very modesty declined 90 20 into
definition of these privileges and mmunties. lcav ing
the question arising under TINT clause OF the constitution
to be discussed and adudicated in propsr form when
they should happen TO arise in the OF adjudication
But We gather something of what probably will be the
opinion Of the Judiciary ia that very important question:
by reference To a which decided many years
in Of the circuit of United states by
Judge Washington. l will trouble the Senate a little
while by reading what that learned and excellent Judge
says these privileges nuntes OF the citizens or
the several States from the fourth Washington Circuit
Court Reports, page $50. Mr.. Howard, having read
from the work referred TO- continued such, then s
the character of the privilege and mmunites spoken
Of in the constitution, In the second section Of the
fourth article. believe 10 these privileges INA
munities may be added the personal right by
the first eight amendments 10 the constitution ~ the
United States, such freedom of speech and OF he
press the right Of the people peaceabiy TO assemble ana
petition government for redress OF grcvancesa ri2ht
pertaining TO each and all OF the peoplethe right 10
keep and bear arms the right 10 be exempt from he
querng oil soders Ia poase without the consent OF
the owner, to be exempt from unreasonable searches
and seizures &c. Here IL mass OF privileges and in.
muniiies and rights Of them secured by the sec
ond section Of the fourth article OF the consti,u-
ton which ] have recited, some oil them securod
by the amendments TO the constitution, 70
which / have referred And IL IL n fact
well worthy the attention OF gentlemen, that
the OF the decisions of and the prcsent
doctrine Is that all these privileges and all these mm
mites and all these rights thus by the const
tuition, secured 10 citizens of the United Satss
solely citizens OF the United States and parties ia
their courts they do operate In the slightest degree
restraint or prohibition upon the states themselves
States not affected by these restrictions and has
been held repeatedly that these restrictions conaned
the constitution, declaring that private prop shall no
bo taken for public without Just IN 16
n restriction upon the state legislatures at all and re
fers expressly % the legslato on Of Congress Now
there s power IN the constitution TO enforce any az
these guarantees which have mentioned There Is no
power granted by the constitution Congress, aud
such do not come within ne sweeping clause In the
situiion authorizing Congress 10 pass all laws necessary
and proper for carrying out the foregoing powers snd
they extend simply declarat OF rgn. ~ bill of
nights In the constitution without power iha part OF
Congress 10 carry them out and give them eject while
at the same time the States not restrained from vio
latng the principles In their guarantees, except by
their own iocai avs which may be altered from
year TO year. and almost from day 20 day The
great object OF the first section OF this amend nent
is Ia restrain the power of the States and compel
them al all tunes TO respect these great fundamental
guarantees which have enumerated How will u be
done under the present amendmenti A. have already
remarked they are not powers granted 10 Congress and
therefore IL Is necessary II they 70 be oecual
be enforced that additional powers should be
given To Congress to see 10 u that they enforced
Now e that done by the amendment proposodf
II n done by the hfth section, which declares
that Congress shall have enforce by appropr
ats legislation the provisions OF ,his arclo There s
drcc aud Affirmative delegation Of power 10 Congress
carry out aud enforce these proyis one all these
guarantees which have ment oned--a po~er which
docs exist ia the consttuton of the Tinted states
Of m dfleu Will In sanfc
the nights have enumerated does confer any right
TO vote. The night Of suffrage is not law tho
privileges aud immuntes thur secured By constltu-
ton has always been regarded this country 70 the
result Of positive local law n has regarded AZ
Of society. and without which poople casust exist
without being siavus sutJectsd de~potissn hr
Howard then passed TO tho second section regard the
basis of representation ff he could have own way
he sad-if hs could be- carried oa,be should
be IN favor Of securing Suffrage 10 tho colorcd race 10
some extent at least II he could obtain uni.
yena suffrage IN tho popular 1of TIA, expression
he should be ia favor oi qualified suffrage tbs negro
race, bot not question here What " IN We 40
upon tho suhl.cu II not question what he flir
HowardD or half dozen other Senator. might prefer IN
respect TO eoored suffrage Il not entirely qgos-
The question was what would the Legislature OF the
various states DO 10 the premises, What likely TO
meet the appreciation of the various state gatare9
III being the question: he favored the proposition In re-
gsrd " representation likely TO lead negro suffrage
at some fature time Concerning the Third section, rcsi
ing 10 the Acknowledgement OF tho late r,bei- Mr.
Howard said he opposed ~ this CLAUSE in the
committee, and was opposed 20 Il Hs dd not be-
hese, g adopted II would do any good II would pro
ven, rebels from voting for their State legislatures and
tese siate legislatures could 81 member. the cleo
Tor nj college that tho ohect of preventing re-is
from voting fyr President would attained Rather
Than th, he preicrrrd clause proh bing all persons
who bad participated IN tho rcbell on from holding
federal ~ staie oncos Mr. Howard then explained te
i0urh and NTH sections of ~. Tfopueod afnendinsut
A. the consuson % Mr. Howard speech Mr Wan
repl of Ohio, offered tho following a Substitute for
The pend ug propositon:--
AHrcLE sEcros T. No state shall rnasa or enforce ang
law Wheh shal snrdge the privileges mmunte. ~ cii
tens y se nlted -tsts nor shall any Deprive any
esh oI e, huefty ~ property without due pr,ces,
" nor deny 70 any person within IT, Junseton equA
~ 70 class of pcrsgns ~ 70 tho right or whom
phrase Ahy drcriuinston snail b. made shai included
!h- nssis 9 tspressntAion, nnless such dr t-
"a tHne 81 npArla quainr .ton, fou on nt-gents
y = propssy Or e.e.s ~ sien-se. 90 tor participation IN
80 re pahe dett u the United inciuding An
l'pi1 % Nuhg which have BEEN
~ lrfei ln sufpr'ssing rebellion causng war b.
etene ~ c mon, of tof pensiou.
fcsle ~ W sch var aud protdrd shall
ln debts g 9uigAtous which
- Mturffd ~ sld % tnrufreetiou afai
niie< states ana claims c0mlef los o v1un
Afy sefsile lAhOr, shall assnn % p.d by 40
state. nor ~ the tnfisd states 80
sec. in~ congress ahati have aondrrn a.