New-York tribune., 1873-04-15

r~s,cd ~ r as tN,s r,rnranh IA concerned for they
receive additional aid IRON II.
The first occurrence OF the words privileges aud I'M
munites constitutional history Is to he found IN
the fourth OF the articles of the old confederation.
IL declares that herewith o secure ana perpeluhte
mutual friendship and intercourse among tae people
Of these States, paupers, yagabonds, ana tugluyes
from justice excepted shall DO entitled 70 al ane pnra
States and the people In each state shall have ffee IN
gress and egress 10 and from any other stare ana sa
enjoy therein all the privileges OF trade and commerce.
subject TO the duties mpostions ana restrcuoS
as the inhabitants thereof respectively ,., ,o.r
In the Constitution Of the United states when super
seded the articles OF confederation the correspondents
provision is found in section of the th sIee ha III % be
following words The citizens OF each STATE shn D
entitled to all the privileges and immunitles oi cA
OF the several States" . o.o n,
There can be but little question that the purpose OF
both these provisions Is the same ana thht thc PI ~,
eges and immunes intended are the same IN eas ,,a m
specifically mentioned, and enough perhaps, 10 sh
general idea Of the class of civil nshts can' O'
Fortunately we are not without Judicial constructor ION
OF this clause Of the Constitution Inc Gs. al" act
Corvel decided nv Mr. J1stice Washington. In the C
cult Court for the District OF PennsyVana I'D 1870
"T6e inquiry" he says, ais What are the privileges
and mmunites Of citizens OF the several etaesi 70
feel no hesitation in confnng these expressions "
those privileges and immuntes which are M
which belong of right to the citizens OF all ree sG NV
ernments and which have at all times been enjoyed ny
citizens OF the several States which compose ths tp0 d
from the time Of their becoming 1ree p a II
wond be more tedious than difficult to ennmerate. A..
They may all, however be comprehended under .n ,ne
following general heads: Protection ny the hoIeim,
ment with the right TO acquire and possess property OF
every kind and to pursue and Obtain as the
safety subject nevertheless, TO such RESTRAINTS a. ne
Government may prescribe for the general goou Ol no
whole. ,., , ,,r,it,os y, ct-
zens OF the states is adopted in the main by TINS Conr
in the recent case Of Ward agt the State OF Maryland
10 wallace 49O while It declines TO undertake an all
tnoritatve definition beyond what was necessary ~
that case The description, when taken to include
ofbor mt
character, embraces nearly every ciVl right ioI ,e
fabshnen and protection Of which organized govern,
ent ia in stuted They are in the language OF Judge
Washington, those rights which are fundamental
Tbronghont his opinion they spoken OF as rights be-
longing 10 the individual rs citizen Of State They
are so spoken OF in the constitutional PROVISION wiz, wa =,
he was constituting Aud they have always been held 10
be the class of rights which the state Governments "efo
directed to establish ana secure - a,,--,, ,oo, Aha
In the case OF Paul agt. virginia ts Nallace iog no
Court in expounding this clause OF the Constitution,
says that "the privileges and immuntles secured 70
citizens each State in the several states by the pro
vision In question: are those privileges and nmunles
which are common the citizens IN the latter states,
under their Constitutions and laws by Nrlue pl t'cI
being citizeus" The constitutional provision there al.
luded 10 did create those rights, which IT calleo
privileges and mmunities OF cltlzens OF the Sa~s "
threw around them In that clause no security IOr he
citizen State where exercised nor did II pretehd
tocurtail the power OF the states over thein i St
purpose declare TO the several states that what
ever those rights are as You gram or establish tne o
you limit or gatliy them, OF Impose h the
their exercise the same, no moro nor less s pe VIC
measure of the rights Of citizens OF other states "th
IL would be the vainest Of learning to attempt
q
adoption OF the recent amendments no cahn Oh pre-
tense was up thar those rights depended ON the FED
cra Government for their existence or protection De-
yOnd the very few express nitatlohs "hsh tnc
Constitution imposed upon the SiatesSucn, 1Orlnstahce,
as the proe9tion against &c Pos yae,G da"s, jus o'
attander and laws impalriDg me ObgaIloh OI c0na..
But with these and few other restrictions the entre
domain OF the privileges and imnunes OF citiLes OF tue
States, above dehued, lay WITHIN Tue cohsltutlOhat
legislative power OF the states ana without that Oh
Was the purpose OF the trainers Of the Fourteenth
Amendment by the simple declaration thaJ no etate %
shall make enforce any laws which shal aprldge tne
privileges ana lmnumties OF cl.lzens OF the onGa % ~
States, transfer the security and protection ~ al the
evil rights which We have mentioned from the States
10 the Federal Governments Aud where 1t Is declared
that Congress shall have power To enforce tna ace'
was it intended to bring Hithn the power OF Congress
entire domain OF civil rights heretofore belonging
exclusively 10 the statesi
All this and more follow II this proposition OF
plaintiffs in be sound for not only are these
rights subject TO the control of Congress whenever In
lis discretion any OF them are supposed to be abridged
by state legislation but that body may also pass laws
in advance limiting and resisting the exercise OF egs,
laye power by the States In their most ordinary and
think proper all such subjects. And still further,
such construction, followed by the reversal OF the
Judgments of the Supreme Court Of Louisiana in these
cases, would constitute this Court perpetual censor
us own citizens, with authority 10 nuy such 1t did
not approve consistent with those rights as they
this amendment The argument. we admit,
is not always the most conclusive where
ton Of particular construction OF an instrument But
when the before these consequences are so
parture from the structure and spirit OF our mstut0ns
when the effect is to etter and degrade the state Gov
ernments subecng them TO the control Ot Congress
in the exercise OF powers heretofore unkefsaN CON
ceded to them Of tie most ordinary and fundamental
character; when in fact radically changes the whole
theory OF the relations of the state ana Federal Coy
each other and Of both these Governments
TO the people the argument that s irresistible
in the absence OF language which expresses TINS purpose
too clearly 10 need construction.
We convinced that no such results were Intended
BY the Congress which proposed these amendments nor
by the legislatures Of the States which ratified tbem
N
Having shown thai the privileges aud lmmuntes % re-
zens OF the such, are left to the state Govern
for security and protection ana not by ts article
placed under the special care Of the Federal Govern
ncn we may hold ourselves excused from defining the
privileges and immunlties OF citizens OF the United
States which no state can abndge, until
case involving those privileges may make II
necessary to do No case IN this Court until that OF
Ward act MARYLAND IN 1872, required "a consideration
M tbose words n, used in the original Constitution in
reference 10 citizens Of the Staes and II may be long
before we are called upon furnish definition of the
term as applying citizens Of the United states. But
lest should be said thst no such privileges and immu-
mites are to be found If those have been considering
are excluded, we venture TO suggest some which owe
their existence Federal government It's essential
one of these il well described in the OF Crandall
agt Nevada (6 Wallace, 3. 1t is said to be the right Of
guarantees OF its Constitution, 10 the of
Government to assert any claim ne may have upon that
Government transact any business he may have with
IT, to seek its protection to share It's Oces TO engage III
administering Its functions He has the right to iree
TO its seapors, through which all operations OF
foreign commerce are conducted, 10 the sub
treasures, land offices, and courts of justice IN
the several States" And, quoting from the
language Of ChiefJustce Taney. IN another case II IS
that for all ,the great purposes for which the Fed
eral Government established one people.
with one common country. We are all citizens OF the
United States" and II Ia such citizens that these
rights supported In this Court In Crandal aSt.
Nevada.
Another privilege OF citizen OF the United States is TO
demand protection OF the Federal Govern
his life liberty aud property when on the high
seas OF within Jurisdiction Of foreign Government
OF this there be doubt that the right depends
upon character citizen OF the United states. The
riphI IN peaceably assemble and petition reress OF