Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-25
PRIVILEGES.

Again last night the Neacs had some
thing to say about privileges and the
DEMOCRAT On Monday night the NeoCs
discussed the question of privileges in a
learned manner; that is, learned for the
News. 1t asked this question:
What does the first section of the Four
teenth Amendment mean, when it says mo
State shall make or enforce any law which
shall abridge the privileges or immuni5ies of
citizens of the United States?"
After this, but not Immediately. there
came the following:
Before he tackles this question again he
should read up on the Constitution and con-
suit the dictionary. Did he ever think that
marriage is privilege. but that when con-
summated there are rights accruing from it,
and that the 'Mormons" may be perfectly
consistent In claiming that to enter into plu-
raj marriage is a privilege, accrulng from
compliance with certain conditions, and that
when consummated thera are rights growing
out of and associated with it, justifying the
argument in its favor both on the questions
of privilege and of right? If not, let him
ponder it in his immature brain and he may
learn something: he needs to.
What does the Fourteenth Amendment
mean? We will endeavor to show, if
necessary, b. citing the greatest living
authority on the Constitution-Judge
Thomas M. Cooley. In the fourth edition
of "Story on the Constitution, which is
Cooley's edition, Sec. 1884 Judge Cooley, in
commenting on the particular clause of
the Fourteenth Amendment referred to
by the Neacs, says:
The States are also forbidden to ''make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States" What are the privileges and
immunities of citizens of the United States
has been somewhat considered in another
place; and an examination of the judicial
decisions there referred to will illustrate the
difficulty to be encountered in any attempt
at satisfactory enumeration. The Supreme
Court has felt the full force of this difficulty,
and has declared that it would not describe
and define them in a general classification;
preferring to deal with each case on a con-
slderation of its particular facts. These
things are, beyond question, among the
privileges and immunities of citizens
of the States: to be protected in life and
liberty by the law; to acquire, possess, and
with under general laws; to be exempted from
inequality In the burdens of government:
10 establish family relations U1lder the reult-
tGtioas of the laac; to choose from those
which are lawful the profession or occupa-
ton of life: to institute and maintain
actions of every kind in the courts, and to
make defense against unlawful violence.
We desire to call the attention of the
NeacS specially to that part of the above
which says that among these privileges
and immunities is the right ffto establish
family relations auader the regulations of
the laao," and that this means the law of
the land, and not a law OF church. |
This privilege does not extend to the es-
tablishment of family relations in viola
ton of the regulations of the law"
On the question of the elective fran
chise, Judge Cooley, Immediately follow
ing the language we have quoted, says:
The elective franchise, it has been said, is
not of necessity citizens right; but when
ever he can bring himself within the qualifi-
cations prescribed therefor, it is his privil-
ege to do SO, and particular and inyidious
distinctions must be regarded as forbidden.
We trust this will satisfy the Neacs as
to the meaning of the particular clause of
the Fourteenth Amendment quoted by it.
From this it will be seen that the citizens
OF all the States are referred to, and not
a small portion of a mere sect. On the
general question of privileges we beg to
call the attention of the NerS to the opin-
ion of Mr., Justice Washington in the case
of Garfield V. Coryell, Wash G. G. $50:
What are the privileges and immuni-
ties of citizens of the several States?
We feel no hesitation in confining these
expressions to those privileges and immuni-
ties which are in their nature fundamental.
which belong to the citizens of all free gov
and which have, at all times.
been enjoyed by the citizens of the several
States which compose the Union, from the
time of their becoming free, independent,
and sovereign. What. those fundamental
principles are it would perhaps be more
tedious than difficult to enumerate.
They may, however, be compre-
hended under the following general heads:
protection by the government, the enjoy
ment of life and liberty, with the right to
acquire and possess property of every kind,
and to pursue and obtain happiness and
safety, subject nevertheless to such restraints
rs the government may justly prescribe for
Bhe general good of the whole.
From this, then, it will be seen that
.he privileges and immunities guaranteed
by the Constitution are guaranteed to the
citizens of all the States. In considering
he privilege" of polygamy, it is well to ]
that this is not for the citizens
,f all the States. That the citizens of a {
State may enjoy privileges not
snioyed by the citizens of other States is
rue. On this subject, Mr.. Justice Field,
n the case of Paul V. Virginia, 8 Wall. [
$50, spoke as follows: i
But the privileges and immunities secured I
% the citizens of each State in the several ,
States by the provision in question, are those |
privileges and immunities which are common {
% the citizens in the later State, under their |
and laws, by virtue of their
being citizens. Special privileges enjoved Z
)y citizens in their own States are not l
secured in other States by this provision. !
{ was not intended by the provision to give
% the laws of one State any operation
n other States. They can have no such ,
operation, except by the permission, express
u implied, of those States. The special '
privileges which they confer must, there
ore, be enjoyed at home unless the assent +,
If other States TO their enjoyment therein
De given.
Now, what of this privilege to practice 8
1t can only be enjoyed by c
ect and as sect, and can never be had l
~ the citizens of the State, or Territory, {
Is citizens, unless the leaders of that par
icular sect which claims the privilege
.hoose to bestow it. 1t does not come :.
within the doctrine laid down by Mr..
Justice Field, because the special privil-
,ges of q particular State are for the !