1866.
THE
CONGRESSIONAL
GLOBE.
2765
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:rhe
first clause
of
this section relates to
the
II
Stales.
It
is the case
of
Corfieid
V8.
Coryellrprivileges
and
immunities
of
citizens
of
the
fonnd in 4 -Washington's Circuit Court Reports,chairman,
on the part of the
Senate.,
of
thejoint
committeo
of'
fiftelln, is
such
as
to
disable him from opening tho disoussion
of
thisgrave
and important
measure. I was anxious
that
he should take
the
lead,
and the
promi·
nent
lead, in
the
oonductof this discussion,
and
slii! entertain
the
hope
that
before
it
closesthe Senate will have the benefit
of
a full
and
ample
statementof
his views.
For
myself. Ican only promise to present
to the
Senate, 'ina very succinct way,
the
views
and
the motiveswhich influenced
that
committee,
so-
far as Iunderstand -those views
and
motives, in presenting
the report
which is now before us forconsideration,
and the
ends
it
aims to accom·plish.The
joint
resolutioR creating
that
committeeintrusted
them
with a very
important
inquiry,
an
inquiry involving a vast deal
of
attention
and
labor. They were instructed
to
inquiremto the condition
of
the
insurgent
States, andauthorized
toreport
by bill
or
otherwise
at
their discretion. I believe
that
I do not over·state the
truth
when I say
that
no committee
of
Congress has ever proceeded with morefidelity
and
attention to
the matter
intrusted
to
them.
They
have been assiduous in dis·charging
their
duty. They have instituted
an
inquiry, so
far
as it was practicable for themto
do
so,
into the
political
and
social condition
of
the
insurgent
States.
It
is very true, theyhave not visited
auy
localities outside
of
-thecity
of
Washington in order
to
obtain informa·
tion;
but
they
have taken
the
testimony
of
a
great number
of
witnesses who have been sum·moned by
themto
-Washington,
or
who
hap·
pened to be
in
Washington,
and
who had someacquaintance with
the
condition
of
affairs
in
the insurgent States. I
think it
will be
the
judgment
of the
country in
the
end
that
that
committee, so far as the procuring
of
testimonyupon this subject is concerned, has been
not
only industrious
and
assiduous,
but
impartial
and
entirely fair. I know
that
such has beentheir aim. I know
that ithasnot
been theirpurpose
to
presentto
Congress
andthe
coun·try in
their report
anything unfair
or
one· sided,
or
anything
of
a
party
tendency. Our anxietyhas been to uscertain
the
whole truth in itsentire length
and
breadth, so
far
as
the
facili·ties given us would warrant.One
res
nIt
of
their
investigations has been
the joint
resolution for
the
amendment,
of
theConstitution
of
the
United
States
now
under
consideration. After most
mature
deliberationand discussion, reaching
through
weeks
and
eyen months, they came to
the
conclusion
that
it was necessary, in order to restore peace
and
quiet to
the
country and again
to impart
vigor
and
efficiency to
the
laws,
and
especially
to
obtain something in the shape
of
a security forthe future against the recurrence
of
the enormous evils
under
which the country
has
laboredfor the
last
four years,
that the
Constitution
ofthe
United
States
ought
to be amended;
and
the project which they have now submitted isthe result
of
their
deliberations upon
that
subjcct.The first section
of
the
amendment
they havesubmitted for
the
cousideration
of
the twoHouses relates
to the
privilegcs
and
immunitics
of
citizens
ofthc
scveral Statcs,
and
to the rightsand privileges
of
all persons, whether citizens.
or
others,
underthe
laws
ofthe
United
States.
It
declares
that-
No
State shull make or
enforce
any
law which
shnll
n,bridge
the privileges
or
immunities of citizens ofthe United States: nor shall any State deprive any
person
of life. liberty, or property without
due
pro
cess
of
law;nor
deny to
any person
within
its juris-
diction the equal protection of the laws.
It
will be observed
that
this is a general
1
prohibition
upon
all the States, as such, froma?:-idging
the
privi}eges
and
illlmnnit~es.
of the
I
cItIzens
of
the Umted
States.
That
IS
Its firstclause,
and
I regard
it.
as very important.
It
also prohibits each one
of
the
States fromdepriving
any
person
of
life,
liberty,
or
prop·erty without due process
of
law,
or
denyingto any person within the jurisdiction
of
the
State tho equal protection
of
its laws.United States as such,
an~
.as
distinguishe~
I
page
380.
Judge
Washington says: .from all other pe.rsons
not
Clt.Jzens
ofth0
Um-II
"'The next
question is
whether this act infringested States.
It
IS
not, pcrhaps, very easy to
l!
that section of the Constitution which deolares thatdefine with accuracy what is meant by theex-
II
.
t>e.
citizens of
each !3tate-sh!lIJ
be
e,ntitled to allpresS'ion,
"citizen
<:f
the
Unite~
S.tates," al.I'1
gi;~~se'7,es
and Immumtles of
CItIzens
m the severalthough
that
expresslOn occurs tw,ce
III
the
COI1-
i
..
The inquiry
is.
what are the privileges and immustitution. once in reference to the
Presidentof
II
niti.es
<!f
cit,izens in
t,he
several States?
We
feel nohU
.'
d S .
l'
h . . . d 'hesItatIOn
III
confimng
the~e
expressIOns
to thosat e mte tates,
111
w
ll~
•
lt1stance It
IS.
e-
I,
privileges and immunities
which
are
in
their natureelared
that
none
but
a cIllzen
of
the Umted
I'
fundamental.
which
belong of right
to
the citizens
States
shall be
President.
and a"ain in refer·
of
all
fi-~e
Governments,.
~nd
which
have at all timestSt
1]]. .
°t
b
·t·
been
enjoyed
by
the
cItIzens
of
tho several Statesence
0
~na
ors, w
10
are
1,CWlse.O e
CI
JZens
I
which compose
this Union
from
the
time
of their
of
the
Umted States. Undonbtedly
the
expres·
I
becoming free.
independent. and sovereign. Whatsion is used in
both
those instances in
the
same
I
these fnndamental principles arc it
would.
perhaps,-.
h·]·t
. I d . I d
be
more
techous
than
dIfficult
to enumerate. Theysense
ll1
w
le
11
IS
e~'p
oye
ll1
t
Ie
u:nen
ment!
may.
however.
be
all
comprehended underthefollow-now before us. A CitIzen
of
the
Umted
States
ling
g-eneral
heads: protection
by
the Government.
tha
is held by the courts to be a person who was clIjoymcntoflifeandlihcrty.withtherighttoacquireb
.].
t-]
I··
f h U
't
d S
d'
andpossesspropertyofeverykind,andtopursueand
or!1 WIt
un
~e
Imlts
0
t e
III
e
tat~s
an
obtn,in
happiness
and
safety. subject nevertheless tosubject to theIr laws. Before
the
udOptlOll
of
such restraints
as
the Governmentmayjustlyprescribo
the
Constitution
of
the United States the citi-forthegeneralgoodofthewhole.Thcrightofacitizen-
fISt
t . l'fi' d
of'
one
State to
pass
through
~r
to
rcsiue in
any otherzens
0
ea~
1
a e were,
ll1
a qua I e sense State.
for
purposes oftra.de. agriculture. professional
at
least, allens
to
one another, for
the
reason
pu;-suits,
or otherwise;
to
chim the hencfit
()f
tho
that the
several States before
that
event were
wn~
of
habeas
c"r,ml:',.
to lllstltute
and
mall1tamd dbI I. d d G
actIOns
of any
kll1U
III
the
courts of the State;
to
regal' e y eac
1
ot
ler
~s
m epen.
ent
overn· take. hold. and
dispose
of property. either real orments, each one possessmg a sufficlCncy
of
sov-personal. and
an
exemption
from
higher taxes
or
ereign p'ower to enable
it
to claim
the
ri
o-ht
of
impositions than are
p~id
by
the other citizens
.of
I·
..
d d b
dl
I
b
f the
-State. may
be
mentlOned
as
some
of the partlC-
natura
lzatlOn,
an
: un ou
te.
y, eac
lone
0
ular privileges
and
immunities of citizens which are
them
possessed for Itself the right
of
natural-clearly embraced
by
the general description ofprivi,izing foreigners
and
each
Olle
also
if
it
had
leges
deemed
t.o
be-
funcl.amental,
to
which
ill<LY
be
fi
'..
. , , . h
a(hled
the elccllve franchIse,
as
regulated
fmel
estab-seen t so to
cxerClS~
;ts
sovereIgn power, mIg t lishcd
by
the
lawsor
constitution of the Stftte inhave declared
the
cItIzens
of
every other
State
which
it
is
to
be
exercised. These, and many othersto be aliens
in
reference to itself. With a view
whie),
might b" ment\o!,ed. are,
stricti?"
speaking.
1
fi
·
d d' d d
]lnVlleges
and
ImmumtJes.
and the enjoyment
of
to prevent sue I con
USlOn
an Isor cr,
an
to them
by
the citizens of each State
in
every other
put the
citizens
of the
several
States
on
an
~tate
was
manifeslly calculated
(to
us~
the
eXJ?r.es
equality with
each
other
as to all fundamental
~lOns
of the
pr~a_mhle
of the
cOIT",:pondmg
prOVlSlon
.
hi·
d
d·
I C .
III
the
old
ArtICles
of
ConfederatIOn)
'the better
tong.
ts, a c
a~se
was lIltro
.u~e
III
tIe
onstJ-secure and perpetuate mutual friendship and intertutJOn declanng
that"
the CItizens
of
each
State
course
among the people of the different States
of
shall be entitled to
all
privileges
and
immuni-the Union.'"ties
of
citizens in
the
several States." Such
is the
character
of
thc
privileges
and
The
effect
of
this clause was
to
constitute immunities spoken
of
in the
second section
of
ipso facto
the citizens
of
each one
of
the
origi-the fourth article
of
the
Constitution.
To
these
nal
States citizens
of
the
United States.
And!
privileges
and
immunities, whateycr they mayhow did they antecedently become citizens
of
be-for
they
are
not and
cannot be fully
ae-
the
several
States?
By
birth
or by naturaliza· fined in
their
entire
extent and
precise nnturetion. They -became snch in virtne
of
national '-:'to these should be
added the
personal rightslaw, or rather
of
natural law which recognizes guarantied
and
secured
by
the first eight
ame_nd
persons born within
the
jurisdiction
of
every ments
of
the
Constitution; snch as the freedomcountry as being subjects
or
citizens
of
that
of
speech
and of the press;
the right
ofthe
country. Such persons were, therefore, citi-people peaceably
to
assemble and
petition
zens
of
the United States as were born in
the the
Government for a redress
of
grieYanees, acountry or were made such by n:tturalization ; right appertaining to each
and
all the
people;
and
the
Constitution declares
that
they are the right to keep and to
bear arms; the right
entitled, as citizens, to all the privileges·
and
to be
exempted
from
the
quartering
of
soldiersimmunities
of
citizens in the several States. in a house without
the
consent
of
the
owner;
They are, by constitutional right, entitled to the
right to
be exempt from unreasonablethese privileges
and
immunities,
and
may as-searches
and
seizures,
and
from any
search
or
sert this right
and
these
privileges
and
immu-
,seizureexcept
by virtue
of
a warrant issuednities, and ask for
their
enforcement whenever upon a formal oath
or
affidavit;
the
right
ofan
they go within
the
limits
of
the seyeral
States
accused person
to
be
informed
of
the
nature
of
the
IT
nion.
of
the
accusation against him, and his right
to
It
would be a curious question to solve what be tried by
an
impartial
jury of
the yicinage;are
the
privileges
and
immunities
of
citizens and also
the
right to
be
secure against excess
of
each
of
the States in
the
several States. I ive bail
and
against cruel
and
unusual punishdo
not
propose to go
at
any length into
that
ments.question
at
this time.
It
would he a somewhat
N
ow, sir, here is a mass
of
privileges,
ill
barren
discussion.
But
it
is certain
the
clanse munities,
and
rights, some
of
them secured
by
was inserted
inthe
Constitution for some good the secorid section
of
the
fourth article
of
the
purpose.
Ithas
in view some results beneficial Constitution, which I have recited, some
by
to
the
citizens
of
the
several States,
or
it would
the
first eight amendments
of
the Constitution;
not be
found
thcre;
yet
I am
not
aware
that
and
it
is a fact well worthy
of
attention
that
the
Supreme Court have ever undertaken to the course
of
decision
of
our
courts
and the
define either
thenature
or
extent
of
the priv-prcsent settled doctrine is,
that
nil these imilegcs
and
immunities thus guaranticd.
In-I
munities. privileges. rights, thus
guarantied by
deed,
if
my recollection serves me,
that
court, the Constitution
or
recognized by
it.
are securedon a certain occa£ion
not
many years since,
I
o the citizen solely
as
a citizen
of
the
United
when this question seemed to present
itself
to States and as a
party
in
their
courts. They
them,
very modestly declined to go into a
do
not
operate in the slightest degree us
are·
definition
of
them, leaving questions arising
I
traint
or
prohibition
upon State
legislation.
under
the
clause to
he
discussed
and
adjlldi· States
are not
affected
hy
t.hem,
aud ithas
beencated when they shonld happen practically to
i
repeatedly held that
the
restriction containedarise.
But
we may
gather
some intimation
of
I
in
thc
Constitution
against the
taking
of
priwhat prohably
will
be
the
opinion
of
the judi·
II
vate property for public use without
just
com·ciary by referring
to
a case adjudged muny
I
pensation is
not
a restriction upon State lcgisyears ago in one
of
the
circuit courts
of
the Illation,
but
applies only to
the
legislation
of
United States
by
Judge
Washington;
and
I I Congress.
will
tronble
the
Senate
but
for a
moment
by
II
N
ow, sir, there
is
no power given in
the
Conreadin" what that. very learned
and
excellent
:1
stitution
to
enforce
and
to
carry out any
of
judo'e
~ays
about these privileges
aud
immnni·
'I
these guarantees. They nrc
not
powers {;rantedties
"'of
the citizens @feach State in
the
several
II
by
the
Constitution to Congress, und of
course
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