, 1866-02-05


..4..e H.. rt>tta. aecl,'ons u ..,af.; .yyu
this elapte Of she Cons tuition. 1t WAS decided By
the general cduu OF the @tate Of Aarytand tChase
md Rq,s .na s sasd meant hn INT
liar advantage Of ofacqurinS and holding real a. well
he PROTECTED and secured By the laws ol TIT state
offhe state u prof oected II ant that such prop
crty ehali rot be table 10 anE tax or burdens winch
the property Of the citizen IL not enbject 70. II
The saue footing with The Slate creditor IN The pay
u,nt ei The dehts Of deceased debtor. 1t secures
and protects personal right: &campaell se- Morris,
This clsuse Of The Constitution, according 10 the
dccIsion uf the lndiana court made In 17g1. 'ze-
curcs md protects personal rights" and gives 10
rights to hold properly, The ,tane pertoaM nights.
that tue citizen vi that State hae.
A decision by the Suprrme Court Of Massachn-
sets upon thie ctsuse Of the Constitution declares
1.-THE privileges and imnupltie< secured to l..
people o. each State IN every other state CAD be
a1s:.=I 1iy in cas pf removal from one Slate INTO
anothef. ~ fuch removal they become clliyeus ot
the adopted State without natn17zalio7, and have
right to eue md be SIZED a. citizens and set this
privilege u qualified and uot absolute for they can-
not cn)os the rh1 Of suffrage or OF eligibility 10
prescribed hs The constitution md LAVE Of tie S,a:e
into which they ehal, rcuoye. They shall Lave the
,iese. snt i1u,nnnitcf Of citizens; that t. shey
shall not be deemed aliens, hut nay take md bold
zeal cstae; md may. accoruin. to The laws Of such
state. esGutuay ENJOY the full rights citizenship
Without The necessity Of he{ng naturaliEcd.'-6
Pickering, q. Abbott ". buy]fy.
Eut- sfE. the decision must elaborate UPON this
clau>c o the is to be found IN Washing
TONE Circuit Court Reports, fh case which was re-
several sentences from the Oplu]on Of tho circuit
Judge. betAuse Il will be -een That be cnumes1tez
lle very RIGHTS belonging 10 Citizen Of the United
staes which ase ret forth IN the trst section 0! this
hili lie esye.
.1hc nest question ia, whether thf. act intsiu.cs
tlat section oi The Constitution which declares that
he citizens 0! eaeh Stale shall be entitled to ali
prr1leee and immuni!iee Of citizens In The seYeral
statesH
"Tle inquiry i. That are The privileges and m;
hesitation IN copfninE the-c exre to those
privileges and immuniies which arc iu their nntuse
fundamental: which belong Of night 10 tne citizens
tues been enjoyed By The citizens Of the several
etates Nh,ch cofnpote this Union. from the time of
their becoming free, independent. aud sovereign
Wat these fundamental principles arc 1t would pcF-
hsps he more tedious than dthcult to ennmeiate.
hey may, however, he al comprcAtnded Under
the following general beads: protection By
re hs end ., ts ama
ezty Of every kind; and to put<ue md obtain haT-
pln.fe and safety, subject. nevertheless 10 snch
restraints ~ .h s ,hn1 nay e nf
zen oi one Staic to paes or to reside my
oiley sta.e for purposes Of trade. Agcu1tusc pro-
fessionsf pnrsris, oE ottsMiee; 70 claim !he oene.
ii Of Tie writ Of Aa1tas eospw; to tnft and
rnain,au actions Of Qpy kind tn the cor.ts Of the
State 10 take, hold. and dispose o. ptopefy either
rial or personal; nnd m erempt,op from hi:he;1
sses Or lplpossons than 4re paid by the other cts
xens Of the stste; may be mentioned as rome oI
,he particular privileges md immunittea q citizens
which are clearly embraced BY the Cenefal descr'p
MSies ,Sn nsy ss asses % she ee.se fsaaehise, -
ulased md es7ablirhed by the Laws or Constitution
OF the STATE in which it is to be exercised -tyf'
aeaa - 1sss G.sy1 s1 "a*h'nofo"s c''ea@ eoa' Ne'
Iii. Judge eoes further than the bill under con.
eideraion, ana be lsys it down his opinion that
under this clause Of The cons1,sat'on; sseaEnE 70
imuuntfet oi Ctirrns Of The reVerni States Of the
/ tinted statcr. person who II cai11en in one
STAG and coes 10 anothef t. esen entitled ,o fas
10 the great fundamental nEhls Of ME nbefty. ana
The pu1sui Of happlness, and .he nsh. 70 tIaSti 70
60 where be pleases: This L. sigh, Which belongs
Nox, sir. II that be 70, this being the construc-
lion as settled By JUDICIAL decisions 70 be put upon
The clause o! the Constitution 10 which hare "a.
scftsd how much more are the ma tise born e'tzens
81 The Stnte tkcll entitled 10 thc>c 1ghtsf In my
19dGmcnt. peseons Of African deecent- born IN TIE
United s1atc,, arc rs much citizens as white per
The tayehoa1snr Stases different pplnlon has Oh,
tnlnea; Tue people Of tho-e States have not re
rsrdea TIC eelo,ed raee as. citizens. and
making determinations between The white.
md lie cou:cd people arc based but II e. com
peteut for cohcrrts to daclare under the Constitu
lion of tie Cniseo S,ates, ~ho nte citizens II ther
ucle any question about 1t, Il would Be settled pl
lie ratszfr OF :aw declaring ail persons BON il
the tri;cd stutes 10 be cl.zeus thereof Thai hi
ffI nrppoecs TO do. Then they will be epltlcd ID
she Tshs< Of citizens. And what usc thvyY RI,
n-eat fundancnta1 rights set iossh In this Bill: III
;cht to acquire properly; the right 10 70 and CON
a pleasure TIE iigh' .ee9sosss 1ish = 'he eourts
.,c..t-tv 1hcso are the very rights lhat a1r q
,agf IL tits ti ~ appessasnins 10 every tee mn
~ a = ,s &c fsn''sHe1 aasss' saa saaa R Il
KS, KS ~ otisr II thcse Airtcxns are not now c1i
zcns of ihe United Statee, where ie the authority
laW Of Congress 10 make them citizens!
Nj. Turxru1i- The Constitution o3 tue Vnh'