The Montgomery advertiser., 1905-07-01
JUDGE JUDD OF TENNESSEE ADDRESSES
 LAWYERS ON FOURTEENTH AMENDMENT

Ahe douEcoS ycsterody DeIOre tne Alabama State Bar Association of Hon John W. Judd of Nashville. Tenn. on The Fourteenth Amendment: Its His. tory and Evolution" was a spelndid exposition of the subject.
 The assembled lawyers gave Judge Judd the closest attention from begin ming to end of his remarks and he was frequently applauded
 In opening his address Judge Judd said that his paper had to do with the history of the enactment and tudicial evolution. of the first section of the tuition o; the United States. which he quoted as follows:
 All persons born or naturalixed in the United States. and subject to the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridEe sens @ of she fGnted nor ssa f es State deprive any person of life. lib- erty. or property. without due process !ts inrisdicuon the equal protection of the laws"
 ,...I1s is quite safe to say" said Judge embodied in the original corstitution nf l7s7 1t would never have been rat lhed by the States; and a further ef- fort w1Tld of have been necessary to the The original thirteen States under the Articles of confederation, had prosecuted war of seven years du- the purpose of not only establishina their independence. but for the pur- pose of arresting ultimate sovereignty from the King of England, and trans 1erring 1t to their people.
 GeverNmcnt by the States.
 The issue direct and unmtstakable Between the American states and the ed ultimate sovereignty. the King or the people of the Statesf
 The Declaration of Independence the present King of Great Britain |. os a htatory of repeated injuries and usur- pations. ali having in direct object the sstabiiehment of an absolute tyranny
 Fl shall not argue the question. but .haM content myself with . statement
 ws fsse se nsopy se be that an the States as States each acting for itself through o7d bX It's psHp,hs formed fSs on son- the Constitution of 17s7.
 'rhis was done. tco. with the dis tinct understanding that ultimate soy States. No better evidence can be found than the debates in the Virginia Convention called to take action upon con.sitution. s aea0 Pasrick GenrS. wso was sas ever ready with his torch to light the fires fs f of liberty; vigorously attacked
 judge Judd here quoted iiberally from the famous speech of Patrick Henry and continued:
 The history of the civilization of but continuous struggle over the oues- tion of whether man was made for gov srnment, or the government made for s&eS; the ruling forces. by whatever uaLNe called, on the former.
 AS Henry was fearful that if the she would enter a consolidated govern mant from which there would be no re- treat: John Marshall. on the other hand. ps of vrna ne they spe power that can take 1t back
 by sSe states ssre ~aa ~ss as mand for the enactment of a bill of rights as q part of 1t, some of the con xsntion, xsanss ,ss ss1pTsssing the hope ana con would submit to the States for their consideration, a bill of rights. In an-
 s sessos ana qd ss ment. among other things. provided
 .No person should be deprived of process of law
 .'The tenth amendment is as follows: United States by the. Constitution. nor prohibited by 1t to the States. are re- sssysS Fer E the skates rsspsctivsiS. or to
 "This tenth amendment set at rest once and for all the fact that the Gov. ernment of the United States was not but that such powers and all powers of Government not delegated to 1t by the Constitution. were held by the States n% rse saets fsftS ReUnns anmendms1t protected the people in the right of life. liberty and property.' When this Is done the sum sun m ibenty and propsrty tse same 1a .s as life. liberty and the pursuit of happi- ness: which is the be all. and end all. of human and individual liberty. . Progressfye Anglo Saxons.
 "Anglo-Saxon government Is pro- gressive. and in the nature of things this must be so. The one thought of nss s sRs u%s hSis aas of all government Everything must bend to and subserve this purpose This idea Is expressed in %. Declaration Of
 "sometimes these people have de- of revoiution. and erected others on shey he nave saeeSo eyoluioniaed their % sovern as ments by the slow process of legislative and Judicial development and 1t was to the enactment of the Fourteenth
 aThe question orNstate.citizenship was fairly we'll definedhn the history of our the States; but oitizenship of the United States as such. separate and apart from that of the States, if 1t existed at all. was but little more than a name. This condition of things was emphasized by the holdings of the. Federal Supreme Court that the provisions of the Fifth Amendment in favor of life. liberty and property operated only as restraint on the Federal Government. and in DO manner applied to the action: of the, ''s.ra Thus IS sS we had this condition of things; citizenship of the States ex- isted these citizens were entitled to life, liberty and the pursuit of happi- ness: but they held these rights in ab- the States. with no protection from the general government. except in the sim gle instance where 1t was enacted. that the citizens of each State shall be en- titled to all the privileges and immu- mites of citizens in the several States
 "The Convention that formed the Constitution of 17S7 Was called a Com mercial Convention. The necessity for some restraint on the action of the commerce became most manifest. if the States were to live together in one fed~ eration in amity and peace. In time the growth of industry and commerce of the United States became of such importance that 1t was manifest that izens of one State and doing business in another were to be protected in their full enjoyment, 1t must and could only be done through a central power. auate to this, but the Government of the United States.