The Washington herald., 1912-03-07

Tue TeHBlouS nDerty OF tne NOnS1leN4S'
extends over all the States.
I'm preceding speeches 1 have mad
perfectly clear the church origin. the re
Igious and ecclesiastical character, anS
the un-American and unconsututiona
standing OF all Sunday laws In tht
United States,' said Mr.. Jones II
this speech shall make just as clear tht
truth that by the national Constitution
and particularly by the fourteenth
amendment, in its certain intent snc
plain provisions, every citizen OF the
United States is entirely free from every
Sunday law in every State In the United
States.
The particular provisions Of the four
teenth amendment that I shall discuss
are contained in the first two sentences
ot section l: All persons born or nat
uralized in the United States, and SUBJ
ject TO the Jurisdiction thereof, are citi-
Zens of the United States, and OF the
State in which they reside. No State
shall make or enforce any law which
shall abridge the privileges or immuni-
ties OF citizens Of the United States
Before this amendment was adopted,
primarily there was no such thing as citi-
zenship of the United States Men were
first citizens of their respective States;
and as a consequence, or by inference,
were citizens of the United States. This
was because of the fact that the thir-
teen original States were all here as in
dependent States before the national gov
ernment was formed. In the then situa-
tion, citizenship OF the United States was
both indefinite and precarious.
THE fourteenth amendment completely
reversed that order of things. II makes
citizenship OF the United States both
primary and paramount II also makes
this citizenship definite and certain and
secure everywhere in the nation, by pro-
hibiting every State from ever making
any law, or enforcing any law already
made, that abridges the privileges or i'm
munities that appertain to this now and
forever primary and paramount citizen
ship of the United States.
Before. all that any man could be
certain Of, as to his citizenship, was that
he was a State man. Since, in his citi-
Zenship every man knows that he is alb
solutely and irrevocably a National man.
Its Intent.
There has been gained the impression
that the fourteenth amendment was
framed with particular reference to the
race that lately had been emancipated.
However that may be as to the other
sections of this amendment il is not in
any sense true as to the first section.
Nothing can be more certain than that
the first section was designed as an
original measure and on original ground.
10 remedy the long-existent defect as to
citizenship of the United States; and to
make effective to the whole people OF
the United States the full intent OF the
declaration and the Constitution.
This was expressly declared by Thad-
deus NJ. Stevens, John A. Bingham, James
G. Blaine, and others. to be the intentof
the first section. Mr.. Bingham said that II
is to protect by national law the privi-
leges and immunities OF all the citizens
of the republic. and the Unborn rights
of every person within its Jurisdiction,
whenever the same shall be abridged or
denied by the unconstitutional acts of
any State
Mr. Blaine says: The first section OF
the constitutional amendement which
includes these invaluable provisions is,
in fact, new charter Of liberty to the
citizens Of the United States. Twenty
Years Of Congress" Vol II, p. 80.
What Are TheseE
What then are the privileges and i'm
munities Of citizens of the United States
that no State shall abridge? In the Sem
ate. Senator Howard had charge Of the
resolution. In answer to this direct ques-
ton, he said that they are the privileges
and immunities of citizens Of the sev-
eral States as in section of Article
" of the national Constitution; and that
now. To these should be added the
personal rights guaranteed and secured
by the first eight amendments to the
Constitution.'-Cong. Globe, May %, 1866,
p. 2765.
Further authority in answer TO this
question is. Whatever one may claim as
OF right under the Constitution and laws
OF the United States by virtue of his cIti-
zenship, is privilege of a citizen OF the
United States. Whatever the Constitution
and laws of the United States entitIe
him to exemption from, ne may claim
an exemption in respect TO. And such a
right or privilege is abridged whenever
the State law interferes with any Iegiti-
mate cooperation Of Federal authority
which concerns his interest, whether it
be an authority actively exerted, or
resting only in the express or implied
command or assurance of the Federal
Constitution or law.'-Cooley Principles,
p. 27
THE privileges and immunities Of cit
liens Of the United States. specifically and
by direct statement include The perl
S"nal rights guaranteed and secured by
the first eight amendments of the Constf-
Ition. The very first privilege assured
in the frst eight amendments, is the
first one in the first amendment: that of
absolute individuality in religion And
the very first immunity is also the first
one IN that first amendment-that OF ab- |
solute exemption from any and all legis-
latiVe or other governmental cognizance
In, or connection with. religion or things |
religious. For Madison said: There is /
not a shadow Of right in the general gov
to interIneddle with religion, |
Its least interference with II would be a /
most fagrant usurpation."
Intent as TO Religion.
This. then, is the very first and the
very certain privilege and immunity OF
very citizen of the United States. And
oy express intent and explicit
statement this privilege and immu-
lity of every citizen Of the United
states s by the fourteenth amendment
extended to and is made absolute in
very State in the Union So that now
very citizen Of the United States is
ust free from religion or religious
hihgs by law, in any and every state
lone
II there were no States at all, but
mere We're only the one solid national
,oVerhment everywhere over all the land,
hen peyono an question absolute exemp- Il
ION from all governmental coEntzance
n or Of religion or things reIistous- yvouId
e privilege and an inmunitv of everv
itzen of the United States everywhere
all the land. Yet under the fourteenth
mendment the existence of ali the
orty-eiSht States affects not TO a sein-
MA the universally OF this privilege and II
immunity OF every person born or nat
ralized in the United States /.