The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-11-25

ava vAAsSS 40 SAAO SA PA V00 0OSAooU8Ooe
of the amendment.
The clause Of the Fourtoenth
Amendment, mo State shall make
or enforce any law which shall
abridge the privileges or immuni-
ties Of citizens Of the United
States," does not, in the opinion of
the committee, refer to the privi-
leges and immunities Of citizens
of the United States other than
those privileges and immunities
embraced in the original text OF
the Constitution, Article 4, section
E.. The Fourteenth Amendment, it
is believed, did not add to the
privileges or immunities before
mentioned, but Was deemed neces-
sary for their enfOrce0ent as IN ex-
press Limitation ON the power of
the States. It has been judicially
determined that the first eight ar
ticles of amendment Of the con-
s,itution were uot limitations on
the power OF the States,and il WAS
apprehended that the same might
be held Of the provisions Of the
second section, fourth article. To
remed: this defact OF the Cousti-
tuition, the express limitations up
on the States contained in the
Fourteenth Amendment, together
with the grant of power in Congress
to enforce them by legislation. we're
Incorporated in the Constitution
The words sscitizens OF the United
States" and ''citizens OF the
States" as employed in the Four
teenth Amendment, do not change
or modify the relations Of oitizens
of the State and nation ~ they
existed under the original Con-
stitution.
Attorney-General Bates gave
the opinion that the Constitution
uses the word "cisizans" only to
express the political equality OF
| the individaal in HE relation to
the nation; and to declare that he
is a member of the body polite,
and bound to it by the reciprocal
obligation Of allegisaces on the
ono side and protection on the 9th
er The phrase, 50 citizen OF the
United States, without addition OF
qualification, means nothing more
nor less than . member Of the ma
ton" [Opinion Of Ateorney-Gen'
eral Bates on citizenship.I
| The Supreme Court Of the Uni
I ted States has ruled that according
| to the express words aud clear
Fmeaning of the second section
fourth article Of the Constitution.
Eno privileges are secured BY II
except those which belong 70 citt
zenship. Conner st al. vs.. Elliot
ct al, 13 Howard, ,293.
| In Corfield vs.. Coryell. 4 Wash
ington CircuitCourt Reports, S80
the court says:
The inquiry is, what are th'
privileges and immunities OF cit.
izens in the several States? W,
feel no hesitation IN condning thes
expressions to those privileges AM
immunities which are In their ma
turc fundamental; which belong q
right to the citizens Of al free gov
kernments; and which have at a
times been enjoyed by the citizen
of the several States which com
/ pose this Union, from the time Q
their becoming free, independeu
!, and sovereign. What these fur
damental principles are, would PEI
haps be more tedious than diff
cult to enumerate. They may how
ever, be all comprehended undt
the following general heads: Pr
lection by the Government: tt
enjoyment Of life and Liberty, wit
the right to acquire and poss e.
property Of every kind, and
pursue and obtain happiness an
safe.y,suhject, nevertheless, toisue
restraints az tae Government ms
Justly prescribe for the gener
good of the whole; the right OF
/ citizens of one State to pass throus
or to reside in any other State. I,
the purpose OF trade. agricultal
professional pursuits, or otherwis
to claim the benefit Of the writ
habeas corpus; to institute .,
MAINTAIN actions Of any kind in q
courts of the State; to take, h0l
and dispose of property eth
real or personal; and m exempti'
from higher taxes or impositio
than are paid b.; the other citize
/. Of the State; may be mentioned
: some Of the particular privileg
and immunities OF citizens Viii
are clearly embraced BY the g
eral description Of privileges dee
ed TO be fundamental, to Viii
= may be added the elective lFa
t chise, as regulated and establish
; by the laws or Constitution Of 4
n State in which it 10 10 bs ex,
/. ciscd But We canr
= accede to the proposition Viii
u was insisted on by the counsel, Il
; under this provision Of the c.
! stitution (Sec 2, Art. the ci
zens OF the several States are p
mittcd to participate in aA
rights which belong exclusively
the citizens Of any other partis
= lar State.
l
= The learned justice Story
7 clared that tho intention of
:, clause {"ths citizens Of each st
= shall be entitled 20 Ill the spg
!. ileges and immunities OF citiz'
= in the several State" )was
= confer on the citizens Of q
! = State a general citixsnship. I
= communicated al the psiv1ls,