National Republican., 1873-05-07
THY NEW ORLEANS SLAUGHTER
HOUSE, CASES.
opIpIop Of Jss,IcC Bradiey


HOUSE CASES.
opIu,e. Of Jusiicc Bradiey.
= conrur in the oplnlon which has Just been
rssd bV NJ, Justice Fiehi; hut desire to add
iHT.,rsnns nv views on the important question
decided in these eases, and the special grounds
VI" The fourteenih amendment to the cons,tu.
tlon OF the United statea section J, declares tnat
shall abridge the privileges and immunities OF
citizens Of the United States,
The Legislature Of Louisiana, under Pre-
tence Of making police regulation for the pro-
motion Of the public health, passed an act com
ferrng upon corporation, created by the act,
the eSSTss right dST sn1nS. NJ for
cattle and yards for connnlng cattle ntenueu
for slaughter within the parishes OF orleans,
Jefferson ahd s. barnard, .,n a.esr n,lss Insudns
| the city Of New Orleans, and ptollbtlng All
oIbcr persons fIOm UuildnH, kccpinR, or having |
saughter-houses, landings for cattle and yards
| for connnlnE ca.lle Intended for slaughter |
within the said limits; aud requiring that All cat.
| lie and other animals 70 be shuFhtered lot iood
tsr-houses and WORKS Of the fayorcd company TO |
| be slaughtered, and payment Of Zee to the
c'Ifnt III ts eSntended that this prohibition abrIdges
the privileges and immunities q ciiizens
OF the United states, especially OF the
plaintiffs in error, who were partlcularly
| And the solution Of this question depends upon
/ the solution Of two other questions, TO witt
A eI.ISen Z of The United stsies to paTsue such
civil employment as he may choose 70 ado2t
subject 10 such reasonable regulations o. may be
secondly. Is q monopoly or exclusive right
given 10 one person 70 the exclusion OF all
others 10 keep slauRhter-housea In q district OF
nearly |, 100 square miles for the supply Of meat
Tor q large city, reasonable reguiation OF that
employment which the Legislature has a right TO
tmposef
The nrst Of these questions u Une o. vast I'm
portanoe, and lies atthe yery foundattcns % our
doyernuenL The question y nov settled ~ the
fourteenth amendment Itself, that ciitnenahip Of
the United States Ia the primary oltizenship In
ihls country, and that state citizenship "a sec
ondary OF. deIiystiye, depending upon ne ci,i.
place OF residence. The States have not now, y
they ever had. any power 10 restrict their eltl.
zenshlp TO any classes or persons a cltlnen o.
right to 70 70 and reside In any state he chooses
and 10 claim citzensnip therein, and an equality
OF righta with every other citizen; and the vhole
ihai right. He d not bound 70 erinee to any sa.
: periof, OF TO pray for nny act OF grace a.
, means Of enjoying all the nshts and privnefe.
; enIoy ed by other citizens. And when the spirit
: Of iswleAsness, mob violence and sectional bat,
= can he 20 completely repressed as 70 give fnl
4 practeal effect TO thls right We shan ee napple
l. are, CtIlzenship OF the United statea ought y
n be, ana according 10 the Constitution, ls = sur
md una9oeted ,s 20 eSg, .ghss SIN. IN rny n Az,
i lions As the Legislature maJ rghtinlly preschbe
!. II a man be denied fpn equality before the Law
u denied Sss o. ,ss nc ssssI, sS,sa ss,. ssas. Of e
"A Every citlxen, thens being primarily otiEei
Of the United statea and, sccondarily, cltisel
Of the stats where ne resldss, what u gens,rs
al Sisiisss I Of choosing any lawful einpioynen
\ IL a state Legislature should pass law pre-
: hibltlns the inhabitants Of particular towt
70 ship county or oliy from tanning leather 9
'noss SGTa 81 n z
u fsns OF the United States, OF only their priv
l'ges and Immunities as citizens Of that partic'
aaw % o. caste, making al irsies and profession
IN or certain enumerated trades snd profession
hereditary, so that no one could hollow any sue
a uusned > II 6y lis father would such chi law vioisi
A. iho privileges and tmlnunities OF the people Q
:, that state as citizens of the United States
i, 10 redress but TO appeal 10 the courts Of thu
s. This seems 20 me TO be the essential questlo
ns before us for consideration. And, In my Judi
,, ment the right OF any citizen TO follow whatey'
lawful employment he chooses 20 adopt tsubmi
ut ting himself TO all lawful regulationsl I. one
L. his most valuable rights and one which u
I,aaislaturs of . STATE cannot invade, wheth,
W. restrained by lie own consultation or not,
ut rHE RiGHrs oT srLrH oyEn trs ciTiEENs.
ho The right Of o state TO regulate the conduct
no its citizens Is undoubtedly q very broad and q
TO tenslTe one, and not TO be lightly restricted b
IA there are certain fundamental rights which IN
4. right OF regulation cannot infringe. II may pr
IL scribe the manner ot their exercise, but II ca
ID, uot subvert the nghts themselves, ] speak no
Ial OF the rights Of citizens Of any free government
Granting for the present that the cltlzens OF OF
on government cannot claim the privileges OF CT
Eens In another government that prior 70 q
l.. union OF our North American States the citlIe
l naN ala IA "a WNl
er TitiEens In another stAte or that after the uni
a. was formed tho citizens Of the United states,
a such, could not claim the privileges Of citize
on Of the States and tho eltlsens Of the Unit
states would be entitled 70 certain prlylleg
30 and immuaities as citizens at the hands OF %,
IA | which their own governments respectively wot
be bound TO respect and maintain. In this q
country, the people O which Inherited eerts
-. | cest0rs, citizenship means something. II b
ept certain privileges and immunities attached "a
In which the Government, whether restricted
u" | OF impair. Il may do so temporarily by for
OF bat 10 cannot do SO by right. Aud these pH
md leges and iinmunitles attsch A. wen 20 cutie
"a .hp OF the unltOd States a. 10 citizenship Of
md Tne people OF this country brought With IN,
The 10 its shores the rights o. Engahinen; the nRl
'He which had been wTested from English soverea
res al various periods OF the nations history. U
red Of these fundamental rights was expressed
ma Ihese words, found In Magma chsnE "No q,
ing man shall be taken or Imprisoned, OF he diaseil
pu. VI hls freehold or libeftls. aT IRE customs,
w. De outlAwed OF exiled, or any Otherwise
na .ttoyed; nor wiil We pas upon him OF oonde,
ara Jaw OF the land" kngllsh constitutional writ
- sxpound this article Is rendering life, libe
and property lnyi3aeie, s sKsss, e{ que pros' S.
~. tlffs In error claim In this case. Another
'ne these rights was that Of hdbSas oOrpus, OF
ere light o. having any Invasion o. personal ilee
'y Judicial magistrate. Blackstone eiAszlnes th
RED fundamental rights under three heads, as the
hn, personal security, The Tght Of personal hbs
In asst be says: .'The third lbaoluts right, nher
,oSs,sts S ia he frss ass, snjoynsSt 'sS and Llsps
DIS u all his acquisitions, without any control
ate ilnlnution save only BY the laws OF tho land.
on HIsroalolL ILLpsrRlnoss.
The privileges and immunitles Of EnRilshn
oi were established and secured BY long usage
or Dy various acts OF Parliament. But it may
oaS said that the Parliament OF England has uni
oau ted authority, and might repeal the laws WI
Dm- nave from time 10 time been enacted. meor
ad ally this 10 30. hut practically is not Enki
= nas no written constellation, it 10 true; bot y
pre- and frequently declared privileges Of Pal
i'ea material respect would produce : revolution
and IA hour. The violation OF one OF the fur
rgc mental principles OF that consultation In
colonies, namely, the principle that recogn
u VI | the property OF me peOplo a. thcr own,
tion which, therefore, regards all taxes for the
,h port OF government a. glftA OF the people thro
'ni' heir representatives, aud regards taxation "
II OF out representation as aubyersye Of free gov
time m NJ, was the origin OF our ova revolution.
This, II 10 true, was the violation OF polli
ans right; bat personal rights were deemed equ
anN sacred, and were Claimed by the very nrst
-, yress Of the Colonies, aAsemhed In liza, as
hght lndOuhted Inheritance OF the people OF
g OF country; and the Declaration Of Independe
med which was the 1rst political act Of the Amer
people In their independent sovereign capa
ord lays the foundation Of our national exist
the npon this broad proposition; "that oil men
.,,,- created equal; that they are endowed by /
uuty Creator with certain inalienable rights;
ners ImOng these are life, liberty and the pursu
,o,a. | nAppineas." Here again We have the (
thfse-fold division Of the rights Of freemen
~ rs .erted as the righn OF man. Rights 70 life,
,axi- erty and the pursuit of happiness Are equiYa
-, o the rights Of life, liberty And property II
ition are the fundamental rights which can onl
b OF AIKEN away by due process Of law, and "
= al an only be interfered with, or the enloymel
which can only be modified, by lawful rel
tbs lions necessary OF proper for the mutual
n les Of ali; and these rights CONTEND belong 4
-. fitIens OF every free government.
TuteH For the preservation, exercise and enjOyI