National Republican. (Washington City (D.C.)) 1872-1888, 1873-04-16
AN IMPORTANT SUPREME COURT DE-
CIsION.

CIsIOS.
About four years ago the Legislature Of the
State Of Louisiana passed an act giving to an
association OF butchers the exclusive right
for the period Of twenty-five years to
slaughter cattle and sell meat in the city OF
New Orleans. Curiously enough this ap-
parently inoffensive act has been the means
Of obtaining from the Supreme Court Of the
United States decision which, In the opin-
ion Of members OF the court itself, involves
the settlement OF questions far more reach
Ing and peryading In their consequence,
more profoundly interesting to the people Of
this country, and more important In their
bearing upon the relations Of the United
States and Of the several States to
each other, and the citizens Of the States
and Of the United States, than have been be-
fore the Supreme Court during the official
life Of any Of Its present members The
suit has become, To some extent, famous, and
now, Of course, is forever enshrined not only
in our legal, but In our Legislative and polit-
ical history. II was originated by rival
butchers, who disputed the right OF the State
to enact any such legislation, and brought
suit against the company TO annul their char
ter, under the thirteenth amendment and un-
der that clause Of the fourteenth amendment
which declares that mo State shall make or
inforce any law which shall abridge the priv
ilcges or ImmunIties Of the citizens OF the
United States, nor shall any State deprive any
person Of life, liberty or property without due
process Of law, nor deny to any person within
Its Jurisdiction the equal protection OF the
laws"
In the decision Of this case the Supreme
Court maintains that the Legislature OF
Louisiana had the clear and indisputablC
right to charter the company In question,
notwithstanding the fact that II created an
Odious monopoly, and that 1t closed large
proportion OF the butcher stalls and slaughter
houses Of New Orleans. The decision then
discusses the question Of the various amend
ments to the Constitution, Of the rights under
them Of the States and Of the United States
what Is denied, and what Is reserved to each
In all there are fifteen amendments, twelve
Of which were adopted so soon after the orig
iual document was framed a. to 'justlfy thu
statement that they were practically cotem
pOrancous with Its adoption" The thlr
tecnth, adopted in 1903, Ia Historical and o
written age" Within the last eight years
however, other articles have been adde,
which are Of the highest Importance
There runs through them unity o
purpose, (which taken in connection wlu
the history Of the times cannot fail to hay,
an important bearing on any question o
doubt concerning their true meaning" II
the thirteenth amendment II was persona
Rervitude" that II was intended to abolish, 81
that II cannot, in the judgment OF the Court, b.
applied 10 the Louisiana butcher statute. Tn,
decision then takes up the fourteenth amend
ment, the adoption Of which was rendered
necessary to give full force and effect to II
predecessor. Tho history Of the subsequen
aud last amendment, the fifteenth, is thu
sketched by the Courti "a few years expo
rience satisfied the thoughtful men who ha
been the authors OF the other two amend
meuts that notwithstanding the restraints Q
those articles on the States, and the laws passe
under the additional powers granted TO Con
yress, that these were still inadequate for tina
protection to life, liberty and property, withOu
which freedom to the slave was no boon. The
were In all those States denied the right @
suffrage. The laws were made and adminli
tered by the white man alone. II was urge
that race OF men distinctlvely marked, q
was the negro race, living In the midst q
another and dominant race, could never b
fully secured In their persons and their proT
erty without the right Of suffrage. Henc
the fifteenth amendment, which declares ths
the right Of citizens Of the United States /
vote shall not be denied or abridged by th
United States, or by any State, on account {
race, color or previous condition of sery
tude.'"
The fourteenth amendment defines M
only the citizenship Of the United States, b.
the citizenship OF the States, which ha
never before been defined either In the Coz
stitutlon or In any act Of Congress. b.
under It's operation In the decision Of Il
court a man may be citizen OF the uuitC
States aud still not be o citizen of q Stat
The two arc essentially distinct and deepen
upon different characteristics or circun
stances In the individual" II Is only Ov'
the citizens Of the United States that Il
Constitution throws the shield OF Its prote
lion. The Louisiana butchers, in the cai
before the court, appeal to the Constitution
But under the Constitution the righl
and privileges Of citizens Of the STATE
are, In the opinion Of the cOur
comprehcuded under the following head
Protection by the Government with tho righ
10 acquire and possess property Of ever
kind, aud 10 pursue aud obtain happiness an
safety, subject, ,Neyertheless, to such restraint
oI the Government may prescribe for III
,,onerslI good Of the whole. The court doe
moi enter into very extended deluitlon &
the hghts aud privileges Of citizens OF tn
.r.i,.a otaias far the obvious reason that th