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


thing to say about privileges and the
DEMOCRAT. On Monday night the News
discussed the question OF privileges in a
learned manner; that is, learned for the
Ne,cs. II asked this question:
What does the first section of tho Four
teenth Amendment mean, when it says: "No
State shall make or enforce any law which
shall abridge the priuileges or immunities of
citizens of the United StatesY'
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 a privilege, but that when con-
summated there are rights accruing from it,
and that the "Mormons" may be perfectly
consistcnt in claiming that to enter into plu-
raj marriage is n privilege, accruing from
compliance with certain conditions, and that
when consummated there are rights growing
out of and associated with it, justifying the
argument in its favor both on the questions
of privilege and of right? Ii 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, il
necessary, By citing the greatest living
authority on the Constitution-Judge
Thomas NJ. 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 Ne,cs, 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 con-
sideration of its particular facts. These
things are, beyond question, among the
privileges and immunites of citizens
of the States: to be protected in life and
liberty by the law; to acquire, possess, and
enjoy property; to contract and be contracted
with under general laws; to be exempted from
inequality in the burdens of government;
to establish family relations under the rcg,t-
tdtions of the idio; to choose from those
which are lawful the profession or occupa-
tion 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
Ne'cs specially to that part of the above
which says that among these privileges
and immunities is the right 80 establish
family relations under the regulations of
he la,u," and that this means the law of
the land, and not law of Il church.
This privilege does not extend to the es-
tablshment OF family relations in viola
tion 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 n citizens right; but when
ever he can bring himself within the qunlifi-
cations prescribed therefor, it is his privil-
ege to do 30, and particular and invidious
distinctions must be regarded as forbidden.
We trust this will satisfy the News as
to the mea ming 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
small portion OF II mere sect. On the
general question of privileges we beg to
call the attention OF the Neps to the opin-
ion OF Mr.. Justice Washington in the case
OF Garfield V. Coryell, A 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
ernments; 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
ted tedious than difficult to enumerate.
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 10 such restraints
MS the government may justly prescribe for
the general good of the whole.
From this then, it will be seen that
the privileges and immunities guaranteed
by the Constitution are guaranteed to the
citizens OF all the States. In considering
the privilege" of polygamy, ii is well to
remember that this is not for the citizens
OF all the States. That the citizens of u
particular State may enjoy privileges not
enjoyed by the citizens of other States is
true. On this subject, Mr.. Justice Field,
in the case of Paul V. Virginia, Wall.
1870, spoke as follows
But the privileges and immunities secured
to the citizens of each State in the several
States by the provision i'll question, are those
privileges and immunities which are common
to the citizens i'll the later State, under their
constitution and laws, by virtue of their
being citizens. Special privileges enjoyed
by citizens III their own States are not
secured in other States by this provision.
1t was not intended by the provision to give
to the laws of one State any operation
in other States. They can have no such
operation, except by the permission, express
or implied, of those States. The special
privileges which they confer must there
fore, be enjoyed at home unless the assent
of other States TO their enjoyment therein
be given.
Now, what OF this privilege to practice
polygamy2 II can only be enjoyed by n
sect and as Il sect, and can never be had
by the citizens OF the State, or Territory,
rs citizens, unless the leaders of that par
ticular sect which claims the privilege
choose TO bestow it. II does not come
within the doctrine laid down by Mr.
Justice Field, because the special privil-
eges oil particular State are for the
benefit OF all the citizens Of such State