The Montgomery advertiser., 1905-07-01

Tn DOIlIlCS, was n great otdteS ItI6HtS Democrat as most of the great states men and judges who have honored that bench and our government.
 For the first time the amendment for construction at the December term, 1872. The court was then composed of Chief Justice Chase and Associate Justices Clifford. Miller, Field. Bradley. title is The Slaughter-house Cases reported in 16 Wallace, page 36. The court divided as nearly equal as 1t gould. with Justice Miller. Clifford. and the Chief Justice and Justices Field, Bradley and swayne on the other, and 1t was a battle of Titans."
 review Ths then suFhea nsS aeuss Cases from Louisiana and quoted at length from opinions of the United States Supreme Court laying especial stress on ass nsSs ceurt Sf 1%s,ss Miller
 comin gto a critical discussion of the Fourteenth Amendment Judge Judd said the Supreme Court used this
 All persons born or naturalized in Jurisdiction thereof. are citizens of the United States, and of the State wherein
 '"The first observation we have to make on this clause is. that 1t puts at rest both the questions which we stated 10 nave been tue buDJeCI or OlHeTenCeS of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State; and 1t overturns the sons born within the United States and subject to its Jurisdiction citizens of the United States. That its main pur.- pose was to establish the citizenship of the negro can admit of no doubt The phrase, subject to its Jurisdiction was intended to exclude from its operation children of ministers. consuls and citi- sRs Within or the o'rfs United ssn states S'AeS porn
 The next observation is more im- portant in view of arguments of coun- sel in the present case. It Is that the distinction between citizenship of the United states. and citizenship of a State Is clearly recognized and established. Not only may man be citizen of the United States without being a citizen of State. but an important element is necessary to convert the former into the latter. He must reside within the State to make him citizen of it. but 1t Is only necessary that he should De States. to be a citizen of the Union.
 Tt Is quite clear then that there Is citizenship of the United States. and pend upon different characteristics or circumstances, in the individual. ."
 Citizens of United states.
 The speaker SalO that JuQBe Mlller in this opinion developed the fact that this amendment certainly did one thing that had not been done before, and that was to make citizens of the Uni regard to whether they were also cit izens of a State. In other words, the Court held that there Is citizenship of the States. and that each may and does exist, independent of the other; and then the deduction Is drawn by the Court. that the amendment was of the United states in their privileges and immunities.
 Tt is most respectfully but earnest ly submitted" said Judge Judd, that this was a misconception of the scope of the amendment"
 Judge Judd went on. quoting from the Supreme Court opinion in which 1t was held that 1t was not intended that the power of protecting its citizens should be transferred from the States to the Federal government.
 This idea, he said, was emphasized by the Supreme Court further on where 1t said: ways the most conclusive. which IS drawn from the consequences. urged against the adoption of a particular construction of an instrument. But when, as in the case before us. these reaching and psrvading, so great departure from the structure and spir- 1t of our institutions; when the effect Is to fetter and degrade the State goy- ernments by subjecting them to the control of Congress in the exercise of powers heretofore universally conced ed to them. of the most ordinary and fundamental character; when in fact it radically changes the whole theory of the relations of the State and Fed eTal governments to each other. and pie: the argument has a force that Is irresistible In the absence of language which expresses such a purpose, too clearly to admit of doubt.
 Here then." said Judge Judd, lis the majority opinion of that great Court, and while subsequent develop menS through judicial process has con firmed that there Is United States citizenship, and State citizenship; 1t has also come to pass that primary clt- izenship is with the United States. and also that the privileges and immuni- ties. of both. are under the protection of the Fourteenth Amendment"
 The speaker then turned to the dis senting opinions of Chief Justice and Justices Field. Bradley and Swayne. from which he quoted at length com mentAg upon them.
 Summary of Opinion.
 "TiAs." said Judge Judd. I've have the f8inions and counter opinions of these &great judges and statesmen. and they 8ay h@ summarized as follows: opin'Ah thf tendment did create a cii&zensf N United States as S WiiRi the atss: p ID