New-York tribune., 1873-05-03
NATIONAL CITIZENSHIP.

Court IN the wen-known New-Oreaus slaughter-house
cases involved the construction Of the Thirteenth and
Fourteenth Amendments to the Constitution. That
onnion published lately in TIE rRIBUSE delivered
hy Justice Miller for the Court, the ChiefJustice and
Justices Field. swayne. aud Bradley dissenting. The
opinion the minority. dissenting Justices read by
Justice Field is herewith summarized as an important
mart of this momentous case.
Justice Field for himself and associates recites the
bisor, of ne cause winch was lie result OF special
iecstlon bv the state of LOUISIANA Bv this Legislation
certain exclusive privileges were conferred on corpo
ration known as the Crescent City Live stock Landing
and Slaughter House Company These privileges
Amounted to monopoly whiOh gave the preparation Of
animal food into e hauds of this corporation to the
eufun or an other persons eXoppt on the payment OF
certain prescribed fees The plaintiffs 10 error contended
thar The lawful and necessary business of saughterng
cattle and tho preparation OF their flesh for market can
not be restricted 20 The building OF corporation nor be
subject 70 tribute for the emoIument OF That body On
this point che minority opinion says:
1T is couteudcd in Justification Tor the act M question
thai 70 was adopted M the interest OF the CITY, 20 pre-
mote cleanliness and protect its health and was the
legitimate exercise OF what is termed the police power
OF me state Ihat power undoubtedly eNtehus % 20 az
regulations affecting the health, good order. morals
peacc and safety Of society and exercised on great
variety Oi subjects and IA almost ninoeIless Wy ny ~
sOrts of restrictions and burdens are imposed uhutI ~
aud when these not IN conflict with any eonstIn
uonal promouons or unlanentaI pilIcll, T az NJ IN
not successfully assaled ln judicial tlnuual. vii
this power OF the state aud IFS Legitimate e1ercse sna
protense ol prescribing police reguau0h IN otae can
not be permitted 20 encrOach upon any OF tne st rgnts
nj tbe citizen which the Constitution intended 10 secure
against abridCment. In the law IN question uert dIe
reculatons-tle which requires the landing ana
saughteriug OF animals below the Cy Of New Orleans
as befure they are slaughtered. Wnen these require
,ts -r. con,nIed with the sanitary purposes the
~ ara ACCOMPLISHED In all other particulars Lne act ls
"A mere grant 10 corporation created by II or special
ana exclusive privileges 0y winch the 1eaIn VI 'he c4y
Iils added that this is grant, with exclusive priv-
49, f "a ryf 10 uursue one ut the ordinary trades
csI.rcs Of ife which is a right apperalnlng solely to
Tie Individual The act Of Louisiana presents the naked
cI-s. unaccompanied by any puDio considerations,
rNarI q I'D
previously enjoyed 0y every citizen, ana IN connection
Win which thousand persons were daily employed Is
taken away aud vested exclusively for p years for an
extensive district and large population 10 single cor
porOu exercise s IOr mat period restricted 20
the establishments OF the corporation and there allowed
upon unerOus conditions ii exclusive INuebes OI
OF Il persons, they may, IN the discretion OF
the Legislature, be equally granted 20 elusIe LuI
vidua ID they may bee granted Tor - years they may
be equally granted 0r century. ami lu perpetul!'
they may 1e granted for tle landin anH keeI on an
mails intended for sale OF slaughter, ley na' Do Spiy
granted lor tue landing dud storing oI -I- anu o.eI
products of tDe earJ' or Tor any artclr on oounee
li JAey may Oe granted IoI sLuct'Its III "liVA animal
food pre- pared Tor market they may DC equally granted
Ton structures IN which trnaeeous OF veSelaoe Iool
prepared They may Dt EIALteu loI .u5 oI @ 5 - s,s
" industry even n IT'S most simple ana common
forms Indeed upon the theory ON which tne exclusive
privileges granted uF tlc act ln question are SUSTAINED
Jnero no monopoly, in the most odious FORM winch
Jl-1lcs Field then discusses the application Of the
amendments 20 the Consultation TO TINS ease with
special reference % tne meaning OI involuntary ser
yituIe" us prohibited il the Fourteenth Amendment.
lie sa-s: "TAe words involuntary servitu1e' have
sitiOu that OF, in tl- country except tudt
wnlcA found 10 thc Civil Rights act which viii 1e
hereafter noticed IL however clear that iAey include
something than Slavery m the strict sense OF tne
term they include also serage, yas,aIase yIeuase,
pcuuace and all other forms OF compulsory service for
tAe mere Denen Or pleasure OF others Nor is tns the
fu Import of rue terms The abolition oI Slavery and
Involuntary serviJude intended 10 make every
tins country tree sucn. give 70 hIm
9c oer restraint than sucl s affects every one and to
enjoy equally with others tle fruits OF his labor pro-
4aou Ann TO pursue certain eallinss, open ~Otlers
dI rle same age. condition. and sex. or 20 reside IN
places where permitted TO i've. would far
lcpuve him oI the rEhts of freeman and would place
lIu. as respects Others 10 condition OF servude A
person allowed tu pursue Only one u'tde OF Gaining aud
Duv one locality uf the country would not De- IN the
,t SENSE OF tlc terln ia condition OF slavery but
Ton OF -erYtule. lie certainty "9uid NOT possess the
u.trllls nor enjoy the prli-eSts oI "A IIec ulau
This view OF the case. 10 held entertained by
CO--trs u the passage oI thr soicG OlNA h-Ats act
alton supported upon theory
.eus o the United States as fucn were entitled 20 the
-a.s ana privileges euuleI tt" ana t-Hl 20 uey 70
.II >uDA c.lLeu equality ODD these nights ana privileges
VITA olers, % -ne extent OF the denial sunieclug
t.gll to 4u Involuntary -eruude senator IrumDu-i /
VINO fIe ana VINO was It's earnest adv lcte n
tAe nate. stated. on opelns te discussion upOnIt IN
tlt nodg 4a, measure Vds intended 10 give effect
tu tAD -t.I-.lu J lIc diHeLdLtul ana To secuT 10
III persons l tl- United states practical freedom. After
Ieieruu- 10 everl. statutes passed ln some oil The
Southern states. discriminating between the freedmen
cvl liberty gwen ov Blackstone, the Senator sad;
taSe l1at ANY statute which is not equal 10 l ana
cured other clZens De- au unjust eucruachmenJ upon
As liberty; ana De ID lact badge Oh ser'ltu1e "A4cA
'pir5 ~ re .rsson OF cuzanship the opinion
rs. ta s.ogIl- llage IN tne Dred scott case tins
t4uUlte. i- .uss-d The eNpOsiuOn ln tne opinion ot
hr Jg.-e. l.r.- la. Dee4 generally accepted by
tl. profession tr cOuu rY us le one cout.uhs inc
tU.4.e.I views ui cOL-t ,uuoual law AuI ne neld t'
llI-. .le Il-.'.JI, citizenship vi tAr L-teu 9'tr7
l-.er.l.. .or...Ees was dependent upon cluzsIsllp
latle .ft STAKES. .--r rler constitutions ana Jaws.
ll caa,-I-r.a -- .-l, cas-, ana a .rts or tle
loar sI-. 4Ifl. .l-d lAal TIC words people Oh TIE
l-I.e- -.-.- --a " citizens v- W. LAl.e. Sac ws.o
s'-cl nous aru. ina, Jne people or lhe '-et.ge -
s,ss -le par.Ies 20 the constitution that these
people eols,. ID. t-g iie -l.-. --!.s v. '.io'
t-l teT lau r.JvHued I telF lo- lle aiop
l0u y uniform rul- Ol DECENTRALIZATION lAat lAeI 'e
sccuoa-s --. persons La.u tll-u WY .ue oit p.t.
slo luLl. ue cLlo OI ihe Ohleu states dlu NNt
Was l5J ~ power Ol any stale TO invest any ol-ei
person with elzeu,lLp s' tnar hr rouIu e.oy tue p--l
e- % cl.L-A uucrf lue ~'ioDtlio!' ana nat iol-
fuIr tt u1-t uI4-t- of persons iOde 10 lhia eouLf
slaves not aud could not De, ctl1tns
Ni-lu --0 meaning o. tue Do4sll. i.ioI -0 - -
Ot tLe Fourteenth AueI JuehJ changes Jls WAOe SUD-
I-c ud removes iU IRON the reon OF discnslon alo
lOuu IL recognizes express terms, III ll docs not
create ctz-us tEc United states ana 10 makes Ihef
-iLl-lp dependent upon lle place Oh lhel, OrtH OF
.l' i-,' 9 l-.il 'l No - ,,i,ri,u of TneiT ance,Trv
A citizen oi Stale is now only clUZen Oi tue Oued
,,- -,,5 -rlnfnIfies yvIfch belong 10 MIN as a
freeluau and rse ctzeu now belong % bim as citi-
zen 0i the United 5stes and are not dependent upon
L-scilizensuIp % any 5-ite'
What then. are ne privileges ana immunities which
secured against aDIld-ngH. ny o'aJe ieSlIa~ohi
Iu Tie nrst -ecOu o the Cly Rights act Congress has
ven IFS interpretation JO these terms or az least has
stcd some of ir rents winch. ID ls Judgment, these
terms include declared tnat they include the
rgnt 90 make contracts. To sue be- parties
auu evidenced inherit, c-, lease, sell, nOld
convey real ami personal property ana 70 full and
equal benefit ol aaws anu Droceedngs Tor the security
person and pIOprty" That act 10 true, passed
before tnc kOurteeth Amendment out the amendment
adopted as lhave already said. 10 oDylate Oblec
IlOus act, ui speaking accurately, should
sy. oDyatc objections "a legislation OF sinnar char
arer extending ur protection OF the National Govern
ueut over the .CLmJu nights Of al citizens OF the
United .ates. Accordingly after ls ratification, Con
s- reeuacted t-e under the belief tnat whatever
doubts may nave oNousy existed Oi s validity, they
were removed Dy Lur tuleuuIIcut
MS also urged mat these rights and immunites are