New-York tribune., 1873-04-15
STATE vs.. NATIONAL RIGHTS
THE SUPREME COURTS CONSTRUCTION of
THE XIIIrH AND XIVrH AMENDMENTS.

oRIEANs-AIL SLAVERY FOREVER fo"DipDi->
RELATIONS BETWEEN THE CITIZENSHIP vi i''r
UNITED STATES AND OF A slAlh-NNN->i'' "
PBIyuTGEs AND IMMUNTTIEs-THE BCrCltHs
POSITION NOT SUSTAINED.
IFReM THE REGULAR CORRESPONDENT OF Illt @ I''''NhI
WASHINGTON, April 14.-Justice Miner Ie'u
an on,non today which the Court self asserts involves
the decision OF questions more farreachlng anu per
vading I'm their consequences more profoundly interest
inc 20 the peope of this country, and more important IN
their bearing upon the relations OF the Unea StaeS
and Of the several States TO each other ana the eze
Of the states and of the United States than have oee
hefore the Supreme Court during the official life OF any
of its present members.
The snits arise out OF the efforts Of the butchers
NJ New. Orleans to resist the Crescent city
Live stock Landing and Slaughterhouse Company IN
the Of certain powers conferred by the charr
which created IT, and which was granted by the LeRsi"
ture OF that State and all decided by the Supreme
Court Of Louisiana in favor Of the slauGherhouse Oo
pany and these writs brought to reverse tnose
decisions They have been three times argued-the first
time in 1870 when the plaintiffs asked for an uhcuon
pending the action of the Court on the merits AGAIN III
January. 1872, when. account OF their Importance,
they taken mp out OF their order on the aocAe anu
"A third time in February last before fun bench III
reviewing briefly the history of the cases, the Court
- - -.
The records show That plaintiffs in error relied upon
and asserted troug the entire course OF the ga
ton i'm the State Courts that the grant OF privileges IN
the charter of defendant which they were conestng,
was violation of most important provisions OF the
Thirteenth and Fourteenth Articles OF Amendment OF
the Con siuon OF the United states. The jurisdiction
and the duty this Coart to reverse the Judgment Of
the State Court on these questions is clear ana Is upper
was passed March 1862 and Is entitled An act to pro
tect the health Of the City of Neworeans to locate the
sOcklandngs and slaughterhouses and TO incorporate
the Crescent City Live Stock Landing and slaughter
The FIRST section forbds the landing slaughering of
animals whose flesh s intended for food within the Cty
named and defined or the keeping or establishing any
saughterhOuses abbatoirs within those limits except
corporation thereby created, which Is also limited
to certain places afterward mentioned. Suitable penal
ties are enacted for violations Of this prohibition
The third aud fourth sections authorize the Company
to establish and erect within certain territorial limits
and slaucbtcr and imposes upon t the duty of
erecting before the 1st day Of June 1862 one grand
saugher-nouse Of sufficient capacity for saughtering
sO animals per day. 1t declares the Company after II
shall have prepared all the necessary buildings YARDS
and other cOnveniences for that purpose sha nave e
and exclusive privilege Of conducting and CARRYING
on the hVe stOch ahahg anu No. tho oDd
that all such animals shall be landed at the slaughter
pHaced for nraction OF this provision and prices fixed
for the maximum charges OF the Company for each
scrtI"n 5 orders the closing up of all other stock
landings and saughterhoues after the LIST day of June
Dard anu il the duty OF the Company TO permit
any person TO slaughter animals ID their slaugnteT-
houses heavy penalty fOr each refusal Another
section limit TO the charges 10 be made by the
Company FOR each animal so slaughtered In their build
ng aud another provides for inspection of ali ami
mais intended TO be SO slaughtered by officer sp
These are the principal features of the statute and
all that any bearing upon the questions to be de-
This statute is denounced not only as creating
monopoly and conieTing odlous and exclusive priv,
Ieges anon small number Of persons ut the expense OF
the great body OF the community OF NewOrleas but II
u asserted that u deprlNes aige anu th C
the right exercise their trade-he business to which
they been trained and on which they depend Tor
the support of themselves and their famhes and that
the unresrcted Of the business of butcherng
10 the day SUBSISTENCE oI Tue popuSuOn VI
the city.
The Court thinks that critical examination of the
statute does Justify these assertions While 1t
true that grants exclusive privileges, it is an open
question whether those privileges at the expense of
the community. tend 10 curtail their rights But II Is
not that the act imposes the butchers prOhibOTy
restriction The Court holds that argument needed
10 prove that landing of large droves of live stock
should restricted few proper places and that IL
cannot injurious TO the general community that
while the duty of making ample preparation for this is
imposed "a few persons, they should, to enable them
to do cessfy, have the right Of providing such
landing eplaccs and receiving fair compensation for
the service The power that was exercised by the
Legislature of Louisiana is that has always been
conceded.
After thus dspesIng this branch Of the question the
Court says
EIGHT OF STATE LEGISLATURES TO GRANT EXCLUSIVE
PRIVILEGES.
The proposition therefore reduced 10 these terms
Can any exclusive privilege he granted TO any of its cit
izens corporation by the Legislature OF state
The Court thinks that it may be safely affirmed that the
Parliament Great Britain, representing the people In
tn legislative functions and the legislative bodies OF
this country have from time inmemoral TO the present
day continued grant to persons and corporations ex
elusive pHyiegesprivileges denied to other elnzens
privileges which come within any just definition
OF the word monopoly as much as those now
under considerations aud that the power to do this has
never neen questioned denied Nor can IL be truth
INV denied that OF the most useful and beneficial
enterprises foot for the general good have been
made successful by Of these exclusive rights ANA
could only have been conducted TO success in hat way
II any restraint supposed 10 exist in the Constitution
the Supreme Court Of the State Of Louisiana and not
open 10 Feyiew by the Supreme Court Of the United
states.
The opinion then continues:
plaintiffs error, accepting the Issue, aeGe that the
states w these several particulars: That it creates
inyot,fy ervitude forbidden by the 18th Article Of
ies nf fzeps OF the United STATES; that il denies TO
the pait,S the equal protection of the laws that II
law contrary 10 the provisions Of tho first section OF the
Ith Article of amendment This Court Is thns calleu
!ess agSn for the ''' 'me 10 give construction 'H'''
We do not conceal from ourselves the great respons
bity which this duty dev0lyes upon US NO Questions
50 reaching and peryadng IN their consequences so
profoundly interesting to the people Of this country ana
United states OF the several states TO eacn other aud
Court during the official life OF any OF it's present mem
bers We have given every opportunity for full near,
ug az he bar; we discussed fully and eOmpared
views among ourselves; we have Iaken ample ume Ior
careful deliberat0n, aud we now propose TO announce
the judgments which We have formed in the constrnc
ton articles, so far as we nave 1ound lbelh
necessary 10 the decision OF the cases OeOIe US aIu
beyond that have neither the inclination northe rlsht
cONsTTUTIoNAL ANESDMESTs
TSSelye ARTICLES OF amendment were added to the
Federi Constitution soon after the original organization
Of the Government under 1t IN 1ss of these al Pat tne
statement that they were practically c0tempOraneOus
win the adoption OF the original ana tue twepin I
s ts i Years three other articles Of amendment
ma