thereof.” The latter qualification was
intended to exclude the children of foreign representatives
and the like. With this qualification every person
born in the United States or naturalized is declared
to be a citizen of the United States, and of the State
wherein he resides. After creating and defining
citizenship of the United States, the Amendment provides
that no State shall make or enforce any law which
shall abridge the privileges or immunities of a citizen
of the United States. This clause is intended
to be a protection, not to all our rights, but to our
rights as citizens of the United States only; that
is, the rights existing or belonging to that condition
or capacity. The words “or citizen of a
State,” used in the previous paragraph are carefully
omitted here. In article 4, paragraph 2, of the
Constitution of the United States it had been already
provided in this language, viz: “the citizens
of each State shall be entitled to all the privileges
and immunities of the citizens in the several States.”
The rights of citizens of the States and of citizens
of the United States are each guarded by these different
provisions. That these rights were separate and
distinct, was held in the Slaughter House Cases recently
decided by the United States Supreme Court at Washington.
The rights of citizens of the State, as such, are
not under consideration in the 14th Amendment.
They stand as they did before the adoption of the
14th Amendment, and are fully guaranteed by other
provisions. The rights of citizens of the States
have been the subject of judicial decision on more
than one occasion.
Corfield agt. Coryell,
4 Wash.; C.C.R., 371. Ward agt. Maryland;
12 Wall., 430. Paul agt. Virginia, 8 Wall.,
140.
These are the fundamental privileges and immunities
belonging of right to the citizens of all free governments,
such as the right of life and liberty; the right to
acquire and possess property, to transact business,
to pursue happiness in his own manner, subject to such
restraint as the Government may adjudge to be necessary
for the general good. In Cromwell agt.
Nevada, 6 Wallace, 36, is found a statement of
some of the rights of a citizen of the United States,
viz: “To come to the seat of the Government
to assert any claim he may have upon the Government,
to transact any business he may have with it; to seek
its protection; to share its offices; to engage in
administering its functions. He has the right
of free access to its seaports through which all operations
of foreign commerce are conducted, to the sub-treasuries,
land offices, and courts of justice in the several
States.” Another privilege of a citizen
of the United States, says Miller, Justice, in the
“Slaughter House” cases, is to demand the
care and protection of the Federal Government over
his life, liberty and property when on the high seas
or within the jurisdiction of a foreign government.
The right to assemble and petition for a redress of
grievances, the privilege of the writ of habeas
corpus, he says, are rights of the citizen guaranteed
by the Federal Constitution.