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a . A T<r r PA WBFIKTjY SXJ3ST—MAY IQ, IQ'T’Q.
THE ATLANTA SUN
DEMOCRATIC LOTALTT IN TEXAS.
DEATH UP MACREADT, THE Al'TOH.
William Charles Macready, the
celebrated actor of days gone by and j reported that a resolution inviting
We clip the annexed paragraph
from the Washington Chronicle:
The New York Herald says it is
Well known professionally in this Piesident Grant to visit Texas was
country and in Europe, died at his
home iu Weston Super Mare, Eng
land. April 29th, in the eightieth year
of his age.
Since nis retirement irom the st’ge
in 1853, his life was laden with in
firmities, almost without intermission
to the day of his death. The de
ceased was the son ot an actor, a
miin of intellect and worth, and was
born in London. When hut a mere
boy young Macready obtained a mi
nor situation at Covent Garden Thea
ter, under the management of Mr.
Harri?, whea his father sent him to
Rugby School, to be educated for the
ministry; but owing to the financial
embarrassment of bis parent, young
Macready was obliged to relinquish
collegiate pursuits and embark upon
the .'luge, and in 1810 made his first
appearand as Romeo, at a provincial
theater in England, llis reception
on this occasion was* so battering as
to encourage him to the close study
of his prole sion, performing alter-
naioly at Dubl : n, Liverpool, Bir
mingham, and other cities, until the
IGtli <>f December, 181G, when lie
made his first appearance in London,
taking the part of Orestes, in "‘The
Distressed Mother,” a heavy tragedy,
in which lie made quite a hit. Dur
ing this engagement he obtained the
credit of a gr< at actor, which opened
the way lor subsequent suceesj in his
profession.
I:i 1m2G, Mr. Macready made bis
first visit to America, aud on the 2d
dav of October in that year, appeared
as Yirginius, at the Park Theater,
New York.
‘l he following year he returned to
London, where lie is said to have at-
tii’eu one of the greatest succes es
ever conquered in acting, by his im
personation of Macbeth. lie shortly
alt r visited Paris with like re ults,
returning to London in 1830; and it.
October, 1837, became manager of
Cou nt Garden Theater, which he
kept for two years, gaining great ap
plause for the most gorgeous stage
pageantry cu r witnessed m that city.
After performing at other theater
there, on the 2?th of December, 1840,
he became manager at Drury Lane,
and in the years 1843 and 1848again
visited the United States, playing to
the admiration of ail in the principal
cities oj this country. His last ap
pearance in New York occurred at
the /sfor Place Opera House, May
I81I1, 1849, when he ac.ed Macbeth
—during the riot which the late Ed
win Forest and his aJheients insti
gated and sustained. Immediately
after this iie returned to England,
giving a series of farewell perform
ances in all the prominent cities in
the Kingdom; and finally at tlieHay-
niar*et Theater in London, altera
repetitio i of liisnrincipal characters,
took a last benefit and bid a last
farewell to the stage. In his various
impersonations he was always perfect.
Mr. Macready leaves a bright fame
indeed—for he was a virtuous man,
and never in all ins long and varied
lite of active enterprize and intel
lectual aud moral responsibility did
he forget or sacrifice the dignity of
his calling or the honor of his na
ture.
THE irPRENR COURT OR THE ’**!.
TED STATES OH THE CO'sTITC.
tiohal amendments.
We publish to-dav the decision
of the Supreme Court of the United
States on the late Constitutional
Amendments.
1 he citizens ol Rome, Ga.. know
how to entertain and have a liappv
way of making visitors leel at home.
They do up things ia the line of hos
pitality in princely style—which
means genuine Georgia hospitality,
and Georgia inherits her ideas of
hospitality from our fathers who
came from the “ Old Dominion.”
On i nesday last the Roman citi
zens met in their city hall iu pursu
ance oi the call of the Mayor for the
purpose of determining what action
should be taken in reference to the
proposed visit to Rome oi Gov. Smith
and the delegates who attend the Ca
nal Convention in Atlanta on the
20th instant. Tlie following resolu
tion v as adopted:
Resolved, That his Honor, the
Mayor and City Couucil be appointed
a committee to ascertain when they
will visit our city, and extend to them
the courtesies and hospitalities due
8ueh distinguished guests.
L..e resolution contains but few
"ords, but they are to the point and
®ean what they express in the fullest
Chronicle of the 5th inst.. Its great
length precludes us from comments
we iutend to make upon it.
These will be given at an early day
A. H. s.
IMPORTANT OPINION
Construction of Recent Amendment* of
the constitution.
ense.
voied down by the Legislature of that
State, and a similar one inviting Jef
ferson Davis to make such visit was
adopted. The Herald ought to com
pliment its Democratic brethren in
the Lone Star State for their honest
frankness. If sailing under their
true colors, the Democracy of the
North would manifest the same
preference.
The domineering and intolerant j
spirit of Radicalism is illy d : sguised j
by the Chronicle. That paper ought i
to understand that the people of The DccUlon of lhe Snpreme CO urt of
Texas have a right to invite whom
they please to visit them. If they do
not desire to see President Grant it is
a matter of their own concern; and
if they wish to see and bear from Mr.
Davis, they have an equal right to
do so. It is not expected that the
Soutnern people shall have the same
legard for Gen. Grant as they do for
Mr. Davis, with whom they may be
in more perfect sympathy.
Let the Clm>».icje reverse matters j
iu its own mind, ami ask if the same ]
result,vice veisa,” as to the tw\- j
persons, would not have occurred in
the action of any Northern Legisla
ture. While the Southern people are
submissive to law aud order, and are
respectful to “the powers that be,”
we do not see, that they have not the
right to select their company or .heir
visitois. These differences of feel
ings and sentiments in regard to mat
ters of the sort are to be tolerated,
and by such toleration only, can we ex
pect that the asperities engendered by
the ! ate war are to become extinct by
he hea'irig process of time.
If Gen. Grant should visit any
portion of the South, he would bo re
spectfully and kindly, l ut, perhaps,
not enthusiastically received. The
Southern people would be glad if he
chose to come among them to pay
him ab due respect, and thereby show
that they ?re not the rude people they
are represented to be.
HERE. TliK MUST BARTENDER
Hebe was the first bartender of
whom we have any authentic account.
She is represented in art as if she had
lost her wardrobe by a fire. She
kept a bar upon the Olympian
Mount, and parted her hair in the
middle, and hence you see that her
male followers always imitate her to
the extent of serving their customers
with their coats off and their hair
parted as hers was.
Hebe sold nectar and ambrosia,
and used to hand it round herself.
Jupiter was one of her heavy custom
ers, and always got drunk at her
p'ace, and after ran a big bill. Juno
spent a great many “ arachme ” there
also, andBacbus used to board in the
establishment.
But Hebe paid no license for selling
her nectar and ambrosia upon the
Olympian Mount. It is not stated
that she kept any other kind of
“ Sperits.” If she kept lager beer, it
is not known to German history, as
we believe old 'ather Gambrinus lived
alter her time, and is claimed to be
the inventor of that the best of all
drinks, nectar and ambrosia not ex
cepted.
The fact that Hebe had lost her
wardrobe at a fire, as the artists rep
resent her, explains the great run of
customers who sympathised with her
in the loss of her clothing. We have
never seen that the artiots have ever
invested lie* with the fruits of her
labor by a proper and iasliionable ar
ray of feminine rigging.
So much for the first bartender
known to history.
ESP* An exchange says that a Mr.
Patterson, from Minnesota, aged 122
years, passed through Milwaukee on
the 22u ult., to visit his son in Illi
nois, aged 98. The venerable couple
certainly entertain great veneration
for each other. It was a meeting of
father and son at the extreme end of
the avenue ol life.
® Lager b er is worth one dol-
r ,l in Montevideo, Uruguay.
M e don’t understand why it should
* high there unless Uruguay ha
mported too many Puritans.
The Chattanooga Times, a
paper pretending Democracy, but
really anything else in principle, re-
garus the Democratic party as “a
dead carcass.” The Radical party,
like the Times, has said so often; but,
somehow oAether, the “dead Democ
racy” still kicks and shew signs of
life in spite of its enemies.
—Ad indication of the enormous growth
of railroad traffic in the West is found ,-n
the fact that at present then, is actually
a "car famine,” the leading r ado finding
it im, oss'ble to get their orde rs for
freight cars filled at the overcrowded fac
tories. The Lake SLore and Michigan
Southern rave giveD orders for 3,000 ad
d’tioual cars, while the New York Cen- „
tral is awaiting a re-enforcement of 1,500. effort, to uYtae i
That * personal servitude waa aserat Is proved
bv thr a mi of the word ** lnvoluntsi y,” whlca run
oi ly apply to human beings. The exception of an-
vhutlesa a punishment for crime give* an Ida. of
tb- • lass of servitude that ie maaat. Tbs word ser
vitude is of larger meaning than slavery, as the
latte r is popularly understood in this
country, and the obvious purpose wss to forbid
sllshsiiia and conditions ot African slavery. It
was very wi ll m derstood that In ths form of ap-
prentiorsuip for Oog terms, as it bad bean prac
ticed le the We*a ludia I ilrnda In the abolition of
sis. ei y by the English gr vernment, or by reducing
Tr l'a tolrpn from thp Washington 1 *J»veatoth* condition wrfs attubed to the
It 18 taken irom Uie i tb « pnrpose of the article might have
been evaded, if only the word slavery hrd be u
used. The case of an apprentice slave, bt Id under
s lsw of Maryland, lioersted by Chief Justice Chase,
on a writ oi habeas corpus under this article, illus
trates this coarse of ooeervstion.— (Matter ot Tur
ner, 1 Aboott C 8. B.; 84.) A. d it ia all that we
daein nee ssary to say on the application of that ar
ticleto the statute if xxmislana, now under consid
eration.
gTbe process of restoring to their proper relations
with the Federal Government and with th* other
States, those which had aided w th th* rebellion, un
dertaken under the proclamation of President John
son in 1865. and before the assembling of Congress,
developed the fact that, notwithstanding the formal
recognition by those States of the abolition of Slav.
ry, tbe condition of tne slave race would, without
further protection of th* Federal Government, be al
most as bad as it was before. Among the first acts
of legislat on adopted by several of the States in the
legislative bodies which claimed to be in their nor
mal n la.ions with tne Federal Government, ware
laws which imposed upon the colored race oner
oils diaaoilitna and burdeus, and curtailed their
lights iu tlie pursuit ot lile, liberty, aud properly to
such an extent that their ireedom was of uttie value,
while they nad lost the protection which they had re
ceived 'turn tueir former owners from motives both
of iuterestand huwaui y.
They were iu some States forbidden to appear iu
the towns ill any other character than -menial ser
vants. They were required to reside on and culti
vate the Boil wilbout the right to purchase o. own it.
they weie ex ■ uded from many occupations of gam,
atnl were not peimitted to give te-tuuouy in tue
Courts iu a y case where a white uiau was a p <rt>.
It was said that their lives were at the mercy of bad
m-'ii, > iti.er because the laws for their projection
Wt re ns rhe.ent or were not eniorc d.
Tu« si: c rcumatancea, whatever of SalSehood o
in scouceptiou may hive b en mingled with their
p.eeentatiou, iorci d upon the st tesinell who had
conducted the Federal Government in safety
thrcti h the crisis ol the rebellion, aud who sup
posed that by the thirteenth article ot amendment
th.-y ha t secured the result of their tabors, the con
viction that some.hing more was necessary in tne
way of constitutional protection to the uuiortttnate
race who nad suffered so much They accordingly
passed through Congress th • proposition for the
fourteenth amendment, aud they declined to trad
as restored to their full participation iu the govern
in' tit of tti Union the States which had been In in
surrection until t ey ratified that article by a lorui-
al vote of their legislative bodies.
Boloro ui- proceed 10 examine more critically the
provisions ot this amendment, ou which the p ain-
ilie I’nittd States, Rendered by Air.
Justice Miller—eoverelguty of the
Staves Maintained.
In the Supreme Court of the United States, Decem
ber Term, 1872. -No. 8. ihe Butchers' Beuevoleut
A-is.-cia ion of New urleans, 'plaintiff in error, vs.
Ih. Cre.-cenl City Live-siock l.andino aud Slaugb-
t.-r-hoUse Company, No. 9. Fa-u Entebtn, L.
Buch, J. A*. Kouede, W. Jjayiie S. Firmberg, B.
bea a nay. William Fagan, J. D. Broderick, N.
beibel, FI. Lannes, J. Gilzinger, J. F. A>cocK. D
Verger, The Liv.-stock U.a'ers’and But. litre'
Association o/NeW Orleans, and Charles Cavaruc.
plaintiffs in error, vs. Tne Slate of j-outMaua. ex
r-1 S Bfcloe:., Attorney General; No. 111. T..e
Bu’chers' Bouev 'em \*woelation of New- Orleans,
p uiiU in error, v*. Ii e or s ent City Live-stock
Laudiua and .vlaughter-huuse C. wpany In errir
to the supreme v.ou, i l me a ate of Louisian
To eav .-p»c we o —lc the syjlanus of ill, case
and the luevi ly f rui 1 introduction to the opini -n,
anu OD-ervo that it arose a Kn ows:
The i. is.a.ore of Lou ■< ana ou March 8, .869,
aw- eotit.e i • a.i act to protect the
health of the city ol New Oilcans, to locale the
sio k landings and slaughter hous, s, and to iiicir-
p' rate me Cieecent » i y Live muck Lauding aud
o.anghttr iiuus Company."
This act, as ihe tint imports, incorporated aecui-
panv, and conferred ou it tue exclusive right to erect
and o uistu.ain s alignin' houses stock cards and
landings at pi ces a m-d m the law, for live stock
in emit d tor tbe supply oi the inar.,et of ihat city ;
requireu the company to keepi them in good con
dition, and to j ermit their me on qua, terms by ali
citizens, and prohibited the JaudiLg and -laughter
f live stock lor such purpose at any other piaee.
Thu enforcement of this act wa> res.stud m the
state courts of Louisiana by the butchers of New
Orle ns. ch’efly on the ground .hat it violated that
cause of the fourteenth amendment, which ue
olaies that "no State shall make or enforce auv law
which shall abridge the privileges or immunities ol
0 tizensof the United Slates."
It was, ot course, lnautaiued in ar. umciit that
th s isw. conferring ou the company these exclusive
rights, did "aorid.e the privileges or immunities of
c'uzen-o: the Uuited vtates" who might desire to
iauo and slang iter five stock elsewhere, aud true
deprive them of the equa' protection of the laws.
Lut the the suprem- Court of ihe atve decided that
tne act w: s co atitutiouai, whereupon the case was
appealed ta the bupieine Court ot tne Uuiteu btati s.
Iu me i xamiuatu.n ot t m cus accot ding to the ju-
diciai loruiula, "firar, asc-. rtain ihe old law; sec-
olid y, the evil con,plain, d o , aud thiruly, iht- rein-
-ny p,o os' d .j the uew prov ision,’’Justice Mn er,
spi.-ak ng for the < our:, concludes that ''elore the
adoption ol the thirteenth, fourteenth, and fit eenih
amendments to the Con.- nutiou of ihe Sum oi
Louisiana had the unquestioned right to enact and
eulorcs su. li a t.. w as the one iibUer consider, tiou,
ii.d then proceeds to examine the q esn, u wh ther
hi s ■ k en .u.euis or . u ol their provisioes, were
■ hli ti'ie.l to deprive a Bta:e ot ihe right lo exercise
sue wiunoti.y.
Le.t we mat is-eutially ivta^en ihe lorce of this
arn»u jurist’s reaao ing by any a rii gements. we
; r nt below tbe retidue of the . pinion entire.
it may, therefore, he consider! d as cs'abhsbed
that the aulhoritv of the Legisiaiure oi L, ui-nna
to p.-aa the present atavute i.. ample, unless some re
st- a.it in the exerciae oi that Coustitutiou or iu the
amenumeuis to ihe Constitution of ihe United
nia ea, ;d pled since the date of th'-decisions we
have alrea -y cited.
Ii any such restraint is supposed to exist iu the
coustuuilon of the Btate, the Supreme Court oi
Lous ana l aving necessarily passe , on tha. qnos
tlon, II »ou.d not be Open to review iu tins Court
Plaint fls iu error accepting this t-su- allege that
the s a uie ib a vio attou ot the power be found
iu the Constitution ol that United butes iu ih.se
severs! partic lars:
Thatut createsau involuntary tirvilude forb ddeu
by the thirteenth art cle of the amendment..
That it abri 1 es the privileges ana immunities ol
citizens ol tbe United States,
That it denies to the plaintiffs tue equal protec
tion o the laws; and
That 11 depnves them of their property w ithout
due process of law, contrary to the provisions o
the hr.t section of the fourteenth article of amend
ment.
T his Court is thus called upon lor the first time to
give construction to these article*.
Vie do not conceal from ourselves the great res-
pm bihili y which this duty devolves upon us. No
quest.ons so tar-reaching and pervading in their
consequences, so profoundly interesti .g to the peo
ple oi mis country, and so important m their blar
ing upon th relations of ti e United mates, and ol
ihe s. verai States to ea h ether and to ths citizens
01 the Mater and ol t e United -tx'.es, have been be
tore this Court during tbe offbeat lile cf any of its
present members. We have given every oppqr uni
ty for a lull hearing at the bar; we h .ve di-cussed
it tree y ana compared views among ourselves; we
have taken ample time fur careful deliberation, and
we now propos ■ to announce the judgments wnich
we have formed <n me construe-,ion of those articles,
so f..r as w e have found them u.-cessary to tbe de
vision ui tbe cases before us, anil beyond th.twe
nave ueith- r me inclination nor the right to go.
iweixe articles ol amendiu. nt were added to the
Federal constitution soon alt r the original organ.-
zation of tit - Government under it in 1789. Oi these
ad hut the ia>t Were adopted so soor- afterward as to
j.iS.ily the st terneut that they were practically co-
nmpoianeous wuh the auopuon oi the original
and the .wellth, adopted in eighteen hundred an
three, was so nearly so as to have become. Like all
tMb others, historical and of another aye. But
within tne last eight years three other articles of
auienanient ol vast impoitance have been added by
the voice of tne peopie to that now venerable instru
ment.
The most cursOiy glance at these articles d is -
cioe* s a .tu ty ot purpose, when taken in connec
tion wtin tne histoiy ot tne limes, which can*
not fail to have au important nearing ou any quea*
t.ou of doubt i onceroing the'r true meaning. Nor
can such doubts, when auy r asouably exis , be
saleiy and ra tonally solve without a ef rence to
ilia history; for iu it is toun me oocaei u aud the
u ceeeity for recurri .g again lo tnegieat source of
pi wtr in this count y, the people oi me Slat s. for
a. til ion a i wu-rauteeso human rights; a uuioual
powers .o the Fedora• Goverume-,. audltlon.il re
strsi' ts-t'-ou those oi tUe Stslea. Fortunately that
hisiory is fresh withiu the memory of us tu, and in
le.diu. 1 a: ,re». as they ot.ir upon the mat . l- be
fore us I ee from doubt.
Tne inbutuuou ol ,\ui^a-i slavery, as t ex ated in
about boil the the Bi les ol the Union, a dine con-
testa pei vadiog ti e public mind lor mauy years de
wiest: those who dtBired its curtailment and Ulti
mate extinction and those who desired additions
safeguor-s far its security aud perpetuation, culmi
nated in the effort, qn the part of most*of the Buies
in which slavery existed, to sepa.ate from t m Fed
eral-Government and to resist its author ny. This
constituted the war of ihe rebellion, and whateve.
auxiliiari causes may have contriouted to onng
about this war undoubtedly the overshadowing and
efficient cause was African slavery.
In that struggle slavery, as a legalized social re
lation. perisheu. It perished as a necessity of the
bitterness and force of the conflict. When the
armies ot freedom found themselves upon the soil
of slavery they could do nothing less t an lree the
poo; victims whose enfocreu servitude was the
foundation of the quarrel. And when hard prefsen
in the contest these men (orthey i ro. eii themselves
men in that .orribie crisis) offered iheir services and
were accepted by thousnd? to aid in suppressing
the unlawful reoeliiou, slavery was ai an end
wherever the Federal Government succeeded m
that purpose. The proc.amauuu ot President
fincoln expressed au accomplished loot as to a
large portion of ihe insurrectionary districts, when
he declared slavery abolished iu ih- m ali. But the
war being over, those who hai succeeded in re-
eotabhbhing the authority of the Federal Govern-
th* Federal Constitution, sad that the latter, what
ever <b*y may bt, are >ot Intended to - ava any ad
ditional protection by this paragraph of tne amend
ment.
It. then, tnere ia n difference between the privi
leges and immnnitias belonging to a citixen of the
United State a aa such, and thoae belonging to tue
citizens of tbe State aa such, the latter must reet for
their security and protection where tbey have here-
Wore r-sted, for they Were not embraced by thu
paragraph ol the amendment.
The first occurrence of tho word* privileges and
immunities in our cons itutioual bistory ia to be
found in the fourth of the articlsa of tbe old confed
eration.
It declare* ** that the bettvr to secure aud per
petuate mutual frienkship and intercouase among
tne people ot the different States in this Union, the
free inhabitants of each of theae States, paupers,
vagabonds and fugitives from justice excep-ed. shall
be entitled to all the privileges and immunities ot
free citizens in the several States; and the people of
each State shall have tree ingress aud egress to an 1
from any other State, and shall employ therein all
th* privileges of trade and commerce, subject to tbe
same dunes, impositions anw restrictions aa the in
habitants thereof respectively ’’
In be Constitution of the Un ted States, which
superseded the articles ot confederation, he cor
responding provision it found in section two of the
fourth art c e,in the following words: The citizens
of each St .ta shall be entitled to all tha privileges
and imuiuuiti a ot c tizeus of the several States.
There can be but little question that tue purpose
of both these provisions is the same, and that the
privileges aud immunities intended are tbe same in
e.ich. In ihe article of the onteonrauou we have
*on.e of these specifically mentioned, aud enough
law which shall abridge the privtie... .
ofctuaeuaof the United
deprive any person -if Ufa, lioerty 0 ,' h *' UB ir»5!
out due process of taw. nor denv . P
within tu Jurisdiction the cquaTp^^
The argument has not been much or, *
““ defendant’s charteraeK^, 1 "'**•
tiff of their property without dus dtot LeT
or that it denies to them tbe equal p^C r ,** ut 3?
The first of these paras isghi b*. Uon « U»
auiutaon alnoe tbe adoption of m. ai?? th « Co,!
as a restraint upon the Federal powar V Un “«.
to De found iu aome form of expreasio,', iA 1 ' teo
stitut.ona ol nearlv all tbe Mates M . '‘ n tb “ c?L
the power of the Mates. This law, tlumh
iically oeen the aatue aa it now i* dur^'J^
•noe of iht* uoverucueiit, exe pt ao far *
ant amendment may place the re«tramm„‘J' r »
over tbe Siatea in Uub matter in ta e Uaec*'
Federal Gova ument. U8 01 lb*
We ar* not without judicial intsrpretat.or,
fore, both But* aud National, of tha ,,
this clause And it ia aufficieut to lay *
coi struction of that provision that' we ha r *
seen, or any ihat we deem admissible
straint imposed ly the State of Loui H u n » “ ' ‘ k
exercise of their trade by the huthcets uf
leans ee he'd to be a deprivation st propertv l?,?''
the meamug of that provision. J
" Nor shall any State deny to auy person
its jurisdiction the equal protection of .h. , 4
In the light of the his ory at the»e auieudn*
aud tne pervading p irpose ot them, which
already discus-ed, it is not difficult to utve s i,, **
ing lo tbib clause. TL© exiateuce of llkW# ^
SUtes where the uew y emaucipated negroes re.
which discriminated with gro>s iujusuc, a d h '•
perh pa to g\v© some general idea of th© c &ss of j ahip against theuz aa a c1»m, waa th^ evn u ?
Civil rights meant by the phrase. edied oy this clause, ana by it such laws ? t ? a '
Fortunately we are not wnhout judicial construe- deu.
titin nt ihiii i'.Iriug nt thn IfonRli iinnn Th*. tirut ' if. h.itvttvar tli.. ttiatna .1..1 ....
tion ot Uiis clause ot the Coneli uuon.
aud tbe leading case ou the subject is that ot Corn
laws to its requirements, then by the
fi th a
iu the Circuit C urt for the district of Peuusylvauia | ized to eniorc ■ it by suit tile le«r«iatTTm *\Y? U , U '° f '
in 1823.— (4 Wash. C. C. K . 371.) | veiy much whetber auy action o a s ate nV?
*• The .nquiry,*’ he says, "is what are the privili- | rected by way ol discrimination agn.ust tue . .
g»s and iiu unities of citizens of the several as a class, or ou acecuut o: iheir rac , ai.t.-v 1 '''* 1
States? We leel no hesitation in coufiniug th.-ee | he-d tocou-e within the purview oi thi 1 r “*
cxp.es- ions to those privileges and irniiiu
which are fundamental; - hieh be oi.g of right to tbe
citi eus ot au tree governments, au.l which have at
ail t-mes been e, joyed by citizens of the several
Sutes which com; o-e t .is Ciiiou, lom the time -f
their be on ing ir-e, iud. peud.-nt, and sovereign
What tuise tundamen al privi egee are it'wuu.dbe
more tedious t an difficult to enumerate.
“They may. all however, be corny rel end-d under
the following goi eral beads : "Protection by tbe
G vernment, with the right to acquiie aud possess
property ot every kind, and to pur-ue aud ubta.u
h .ppim-ss and salety, subject, nevertheless, to such
restraints as the Goverum -ut may prescribe tor
the general good oi tne whole."
Tbe uefiuitiou of tbe privileges and immunities
of citizens of the Males is adopted in the main by
tb.s c ourt in the recent case of Waid vs. Tue Slate
of Maryland, (1*2 Wallace, Fill) while it declines to
under! ke au authoritative definition oeyond whai
was necessary to that decision. Tho description,
when b.Kcu to nclude othei s not named, but which
areof the same geueiai cliarac'er, einbracad Ueiriy
t.tfs in error r.It, let us complete and dismiss tne ^ eVtir y civil rigtu ior ihe establishment and p ot
historv of the recent amendments, as that history 'fi^' which organized government ib instituted,
relates to the general purpose which cervades th'-m ^ a . re 111 langua.-;e ol Judge Washington,
a 1. A few years’experience satisfied the thought- ! ^‘ ,8e •'■-hts which are inn amenta . Tnroiighout
tin men wno had been the autho-s of the other two j upin ou thi-y^ are spoken ol as lights belonging
... -" They are
ision winch he
fui men wno had been tbe autho-s of the other two : °Pi n y u th'-y are spoken of as light,
ameudme nts that, nutwithstanuing the restraints ol to the tudividuul aa a citizen nt a Slate,
thus - articles ou the States, aud the laws passed 8 P°keu ot iu the const'tutional provisic
unuer tee addi ional powers granted to Congress,
these were inadequate for the protection ot 1 f,*, lio-
er.y and properly, wi.hout which freedom to the
s ave was no boon They were in ail those States
denied tlie right of suffrage. The law* were admin
istered • y the w hite man alone. It was urged tnat
a race of men distinctively marked, as w-ae the negro,
living iu the midst ot a dominant race, could never
bs lul'y secured iu their person and their property
w thout the right of suffrage.
Hence the fiiteenth amendment, which leclare.
th»t "the rLht of a citizen of the United States to
vote shall not he denied or abridged by au- State on
accoun-of tbe race, color, or previous condition of
servitude ” Tbe negro having, by the fourteenth
.lneuduient, been declared to be a citizen of the
United States, is thus mado a voter in every State oi
the Union.
Werep-a., then, in the light of this recapitulation
of ev-nu, am oat too recent to be called history, but
w bicb a i e -ami liar .to us al; aud ou the most ca.ual
elimination ol th - language ol there amendments,
no one can lull t>> be impressed wnh the one per
vidiug . urpose f- und iu them ail. yiug at th.-louu
d-tio- of each, and without which none of them
wou d have been even euggeste-l; we mean ills iree-
.ion, of the slave race, the security au.i firm estab
lish. uiuia of that freedom, and the protection -t the
newly-made freeman aud citizen from the oppres
sions of th- se who had formerly exercised unlimited
dominion over him Itistrueth t only tLe fiiteenth
amendment, in terms, menu us tbe negro by speak
ing of hi* Color and his Slavery. But it is juntas
t.ue that each of th- o her articLs was addie-se i to
tne grievances of that race, aud -esigued to remedy
them as the fiflerei^
We do nor ray tuat no ■ ne else but the negro can
share in this protection. Both the language and
spirit of these articles are to have tbeir fair aud
jUst weight iu any question of construction Un
doubtedly whi.e negro slavery alone was in the
mind uf too C. ngre.-s which proposed the thirteenth
articl-, it lornids any o her kino oi slave.y, now or
hei-ealler. li Mexican peonage or the Liinese cooly
labor system sn dl develop slavery of the Mexican
or Chinese- race withiu our teiritory, this amend
ment may sateiy be ti usied to make it void. And so
it ocher righ s are assailed by the States which
properly anil uec ssarny fall within the orotection
of these articles, th. t prote tion will apply, though
the . arty interested may not be of African descent.
Bui wha we do say aud what we wish to lie under
stood -a, tnat iu any fair andjust construction of any
section or phrase oi tnese ame..d cents, it is neces-
sar. to look to tne purpose w hich we have said was
the pervadirg spirit of them all, the evil w hich they
w. re dts.gued to remedy, aud the process of con
tinued addition to the Constitution, until that pur-
po e was supposed to be accomplished, aa far as
constitutions, law can accomplisu it.
T..e first section of tne fourteenth aiticle, to
which our attention is more especially invi ea,
opens with a definition of citizenship—not only
citizenship of the United Stales, but citizenshp ol
the .states No sucu definition was previously found
in the Constitution, nor had any attempt bean made
to define it by act ot Congress. It had been the ec-
casion of much discussion in the courts, by the
executive departments, and in the public journals.
It had been *aid by eminent judges that no man
was a citizen of tbe United States, except as he was
a citizen of one of the States composing the Union.
Those, therefore, who had been born and lesidad
always in the District of Columbia or in the Ierrto-
rit-s, though withiu the United States, were not
citizen*, whether this proposition was sound or
not had never been judicially deci led. But it had
been held by this couit, in the celebrated Died
Scott case, only a few years before the outbreak oi
the civil war, that a man of African descent,
whether a slave or not, w.s not and could no. oe
a citizen of a state or ot the United States. This de-
c sion, wnile it met the condemnation of some of
the ablest statosmen aid constitutional lawyers of
the country, had never been over,ul< d; and if it
was to b< accepted as a constitutional limitation of
the right of citizenship, thou alt the negro ra e who
had recently b en made freemen, were still, not
only not c i.zeus, but were mcanab'e of becoming
>u by anything sho t of an amendment to tne
Constitution.
To remove this difficulty prim .rily, and to estab
lish a clear and c mpreheusive definition of citi
zenship which should declare what aoou.d const!
fute citizenship ot ihwUuited Stat, s, and also ci i-
zenship of a State, the first clause ot , he first sec
tion was framed,
"All persons born or naturalized in the United
stat s an irU'ject to the jur.ediciion thereof, are
cit.z ns ot ihe United States and of the State where
in tti j re ide.
1 he first observation we have to make on this
cL is, tnae n p ,is at rest both tue questions
whicn wo- stated to have been the subject ot diff-r-
siices of opinion. I' declares that persons may oe
citizens of the United States without l't-g-rd o their
citizenship of a particular Slate, and it uvenuru-
the Died oentt d-cisiou by mak.ng all persons uoru
within the United States and subject to its jurlsdic-
t on citizens of the United States. That its main
purpose was to establish the citizenship ol toe
negr > can admisof no doubt, The phrase "subject
to its j.mtdiction” was intended to exclude from its
operation children of ministers, conems aud citi-
z-us or subjects of foreign States born within the
United States.
The next observation is more important in view o
the arguments of counsel iu the present case. It is
that ihe distinction between citizenship ot the
United States and citizenship of a State is clearly
recjgi ized and estao ishrd. Not only may
a m :n be a citizen of tbe United States
wi hout oeing a citizeu - t a State, bu- aa impor
tin' element is necessary to c- nvert tne former into
the latter, fie must res.de withii the St te to
make him a citizen ot it, but it is only necessary
that he thou.d be bor.i or naturalized in the
United SUtes to be -a citizen ot the Union.
It s quite clear, then, that there is a citizenship
oi a S ate. which are distinct from each other, and
which dipend upon d fferenl characteristics or
circumstances in the individual.
We think these disunctio- s and its explicit recog
nition in this amendment of great weight in this
vr d*
Silo,
that
«MJ
hat*
afwy leave that *ia:ter ut'tj
sum*
It i* so clearly a provision for that race and
bluer, eocy that a strong ct se w. Ul i h.- n
for its app.nation to any other But a* it i
that is .o be uea’t wnh. and not .lone t ,
ot it* laws we may
Cougrers shillU-Ve ixerciaed its p.
c.se of Suite oppression, by denial of equal justice
iu its courts, sha 1 have claim- il a decision a A j
hands. We find no such case ill tho one lirfo. e
au-t ao not deem it necessa y t« no over he .ran’
nieni again, as it may have relation to this narucu-
iarc.au-e of the amendment.
In the ear.y history of tho organization af the
Gove., ument, it* sia e-men seem to have divided on I
the line which should se. arate the powers i ffi*
National Government from those of th, Sut L - Bov.
erutnmits, and thougu this line ha- never tie, u rttj
well drfitieu in public opinion, such a divisiau Uij
continued from that day ro this.
The adoption of the first eleven amemmentsto
the (Joustilu.ion so s ion at er the original ius-jru.
nietit was accepted, shows a preva ling sense of
danger at tint time t.-uui the ederal power And
it cannot be denied that such a jealousy continued to
exist with many patriotic uiou until the breamng
out of the r te civil war. Ii was then thsci.v red
that the true danger to the perpetuity ot th Union
was iu ihe capacity of the State organizations to
combine aud con eutratu all tbe powers ot the State,
ana ot contiguous States, for a determined lesut-
anee to the General ioyerniBcut.
Unquestionably this has given great forc« to the
argument, and added largely to the number ot t io«e
wno believe iu the necessity oi a strong National
Governm ut.
But, however pervading this sentiment, and how.
ever it may ha.o contributed to tbe adopt i„u of th*
amendments we have been considering, we do not
see in those amendments any purpose to destroy
the main features of the general system. UuJerthe
pressure of all the excited feeling growing out of
the war, our statesmen have still believed that the
existence of 'h-- States with powers lor d, inestic
aud local gover meat, including ti.e regulation for
civil rights—the rights of person and of prop Tiy—
was essential to ihe perfect working of our complex
form of government, though they have thougu
proper to impose additional limitations ou the
States, aui to confer additional power ou that of the
nation.
But whatever fluctuations may be seeu in ihe his
tory of public opinion on bis subject dunn the
period ot our national existence, we hinkitwillbe
found that this Court, so far as its functions re
quired, has always he d with a steady and au eveu
iiand tlie balance between State and Feder 1 power,
and wt-tru-1 (hat such may continue to be the hi*-
tory of its relation to that subj-ct so long as it shall
have • uties to perform which demand of it a eou-
Struction of the Constitution, or of auy of its parts.
The ju tgmeuts of the Supreme Court of Louisiana
in these casts areaffirmou.
ment were not content to pfrmu this great act oi i ar „ umt .nt, because the next piragraph of the same
emancipation to rest on t e actual r-bu ts of tne s ,t-uou which is the one mainly relied on by the
contest or th - pi oclamation of the Executive, both ' pi.mt ffs iu error, speaks only of privileges aud im
of which mi ht have been questioned in al'er I jnnnities of citizens of the United States, And does
*” * " '—' *■"■*“ ~ * n0 [ 8 peak of those of citizens oi the several States.
The argument, however, in favor of plaintiffs rc*t*
Wholly upon the a-s .uptiouu that the citizerahip
is the same, aud 'he privileges and immunities
guaranteed oy the clause ol the same
The language is, “no Stale snail make or enforce
anV law Which-noil abridge the privileges or im
munities of citizens of tke Cnited States ” It ia a lit-
tie remarkable it this clause was intended as a pro
tection to the Citizen cf a S ate against the legisla
tive power of his own State, that the word citizen of
the State should be lett out when it is so careful y
uaeo and used in contradistinction to citizens of
the United States in th very sentence which pre
cedes it. It 1* too clear tor argument that tha
change in pnrjseotogy was adopted understaudmgly
and with a purpose:
Of the privileges and immrnities of the citizen of
tne Uni'ed States, aud of the privileges and immu
nities of he citizen of .he State, and what they re
spectively are, we will preaen'ly consider; but we
wish to state here that it l* on.y tne former which
times, and they determined to p.sci- tois main and
most valuable result in the Constitution o. the
restored Union as one of iu lundamental articles
Hence the thirteenth article ot amendment of tha:
instruiuen . Its wo short sections soem hardly to
admit of construction, ao Vigo ous ia their ex-
ore* sion and so appropriate to the purpose we have
indicated.
A. Neither slavery nor Involuntary servitude, ex
cept ass punishment for crime, whereof the party
shall h .ve been duly convicted, shall exist within
the United State* or say plane subject to their juris
diction,
2. Congress shall have power to enforce this arti
cle t-y sppropria.e legislation.
To wi bdi-aw the mind from tbe contemplation of
this grand yet simple dcclaistfou of the personal
freedom of all the hitmen nee within the jun-di-o
.ien of till* Government—a Declaration oeklghcd to
establish the freedom of four millions ot sieves—
aud with a microscopic search em eavor to fiud in it
a reference to servitudes, which may have been at
tached to property in certain localities, requires an
~ ‘of as.
ascousuuiug. And they have alwa,s bee- held
to be ihe class ol lights which the Mate govern
ments were created to establish aud secure.
Iu the case ot Paul vs -irgmsa, (S Wallace, 18,1.)
ihe Court, in expounding this clause of tho uousii-
tution, say s that tue privile ea aud immunities se
cured tocitiz ns of eacu Suite iu th- snveral States,
by tho provision iu question, are those privileges
and immunities which are common to ihe citizens
iu the a ler States unuer their constitution aud laws
by virtue ot their being citizens ’’
Tue c mst tutioual provision there alluded to did
n t create those rights, which it called privileges
and immunities of citizens of theJStates. It ,hrew
around them in that clause no security ior ihe c-ti-
zt-u 11 tue State in which they were ciaime i vr ex
erci*ed. Nor did it profess *o control the power of
the St .te governments over the rights of its own
citizens
Its eole purpose was to declare to ilie several
Stales, that whatever those rights, ai you grant or
estahnsu (hem to your own citizens’ vr as ■ on limit
or quehfy, or impose restric io s ou their ex reise
the same, n ituer mor.- uor less, shall ue the lilea
ure nt the right-of citiz.-UB of Other States withiu
your jurisdiction.
Ii wnu.u oe the vainest show- of learning to at
tempt to prove by citations of authority that up to
the adoption of the recent amendments no cia.ni
or p: eteuse was set up th.t tho e tights o'epeuced
ou the Federal Government for thru- existence or
protection b youd the very tew expres- limitations
which the Federal voustituti n imp ,sed upon the
States, such, for iustai.ee, as he prohioition against
ex post facto laws, oills of attainder, aud laws im
pair,ng the obligation ot contracts. But, with t,.e
exception ot these and a tew other resirictiou-, the
entire domain of the privileges aud immunities oi
citizens ot the Slates, as above de ,ued, lay Aitbiu
tho coustitut-onal and legislative power of the
mates, aud without that of the Federal Government.
Was it til- pur use ot th* f urteeuth amendment, by
the simple deciarati n tuat n-, State should make or
enforce any law whi. h shall abridge the privi eges
and immunities of citizens of the United States, to
trausf r the Security and protection of ail the civil
rights wnich we have mentioned, Irom th* * fates to
the Federal Government ? And where it is declared
that Couaress sha 1 have tho power to enforce that
article, was it intended to b i. g w.thiu tlie power ot
Congress the entire domain of civil rights hereto
fore belo-'ging exclusively to tlie S.ates ?
All this and more must follow ii the proposition
ot the p.aiutifll m i rror be sound. For u- t only
are these rights subject to the control of C ingress,
wheuev, r in its d scretiou any of them ar sup
posed to be abridged by State legislation but that
body may also pa-s laws ii- a ,vance. limbing and
resp ictiug the exercise of legislative power by the
Stales, m.their most ordinary and U3tial functions,
a3 in its judgment it may think proper ou all such
subjects, sn still further, such a construction,
follow ed by tue reversal of he ju tgmeuts of the
Supreme Court of Louisiana in those case*, would
constitute this Court a perpetual censor u on all
legislation ot the State on thd ci-ii rights of their
own citizens, wnh authority to nuilily such as it
did not approve as consistent w.th those rights, as
they existed a the time of the adoption of this
amendment The aigmuant, we admit, is not al
ways the most conclusive wnich is drawn from the
consequences urge i against the adoption of a par
ticulai construction of au iLS'rument But when,
as in the case before us, tnese coi.sequencer are so
seiious, so far-reaching aud per ad-.ng so great a
departure from the structure and spirit of our iusti-
trtions; wneu the effect is to fet-er aud degrade ihe
State governments by subjecting tueui to the cou-
• rol of Congr-ss, in the exercise of p-iw-Mrs hereto
fore universally conceded to them of the most or
diuan aud fundamei ta> character; when in tact it
radically change tne whole theory of the relations
of the State aup Federal Governments io ea h other
an - oi both these govt rumen s to the people, the
argument nas a torci that is irres stible, intheab-
8-.nce of lant-nige wbieh expresses sucb a purpose
too clearly to admit of d jubt.
We are convinced thai no such re-ultswere in
tended by tbe Congress we ch proposmt -tieoe
menumetits, nor by the Legislatures of the States
which ratified them.
Uavin shown that the privileges and nn nun'ties
relied on in the arguments as *uch, and i.-i.t tho-y
are ieittettie stat. Governments for secutuya.d
protection, and n<>tbv this arti- ie p.a.-eu uu u-r th*
spe ial car ., of the Federal Government, wo may-
hold ourselves excused Irom defining the privileges
aud immunities of citiz-us oi the United States
which no State cau abiulge, until some c.-e iu
voicing those privileges may mate it necessary to
do so
But 1-st it should be said that no such privile
ges and immunities -c ’ - * be found it t ..se we
hav - been considering re excluded, we ven uie to
sn ■-■'-*t s-ins which .<«*e mcir existence to ihe
Federal Government, its national character, its
constitution, or its laws
(me of these is well de-cribed u the case ot
Crandall ve. Nevada, 0 Wallace, 36. It is said to he
the rig u of the citiz-n of tui* grs t country, pro
tected by impiiid guarantees of Us Constitution,
“to come to the seat ot govi rnment to asser auy
claim he may have upon that Government, to
transact any ousiness he may have with it, to seek
its protection, t > share its offices, to engage in ad-
minis ering its functions. He has the right of free
access to its sea ports, through which all operations
ot foreign commerce are conducted, to the sub-
treasuries, land offices, and courts of justice in the
several Mates.” .mil quoting irom the language of
Chief Justice Taney in auoth-r case, it is s id "that
for all the great purposes for which the federal Govern
ment wav estaolished, we am one people, with-me
common country, ice are all citizens of the United ,
Statesand it is. as Buch citizens, that tueir rights | fully gotttsu UD cQtertaininfJDI We arc 1U-
are sup .orted in this court xu Cranilad vs. Nevada Jgjjfed to Mrs. C. C. Mitchell and her
Another pzivalege of a citizen of the United States
is to demand the caae and protection of the Federal
Government over his life, liberty aud yrop-rty
wheu ou the high seas or within the jurisdiction of
a foreign Gov-rnmeut. O: this there can be no
doubt nor tuat the right depen- s upon his etarre-
ter a* a citizen of the United States. The right to
peaceably assemble and petition for redress of
grievances, the privilege of tlia writ of habeas cor
pus are rights of the citizens guaranteed by the Fed
eral Con*titution. The right to use tue navigable
waters of the United States, however they may pen
etrate th territory of the several States, all rights
secured to our citizens by treaties with foreign ua-
tio. s are dependent upon cit zenship of the United
States, aun not citizenship or a Suite One of these
privil ges is conferred by the very article under
consideration. It is that a c.t.z-ij oi the Untttd
States can. of hiB own volition, become a citizen of
au> State of the Union by a bona fide residence of
that State. To these may be added the rights se
cured by the thirteenth and fifteenth articles of the
amendment, and by the o her clause of the four
teenth next tb be considered.
But it a useless to pursue this branch of the in-
qui y, sine* we are of opinion that the rights
claimed by these plaintiffs in error, if they have any
existence, are not pnvile es and immunities of citi
zens of the United Slates within the meaning of the
clause of the fourteenth amendment under consid-
"Alt persons born or naturalized in A United
State*, a- d subject to tbe jurisdiction ther,-of, are
citizens ot the United Slat. * aud oi the State wherein
Letter from Upson.
Kditnrs Sun:—Last Monday evening
about 2 o’cIock, your correspondent, in
company witlf tbe following members of
tbe bar, left Barnesville for Tbomnston
Superior Court: Col. Peeplew, ot your
city: Judge A. jL. Speer, of Griffin; Col.
A. D. Hamuioud, of Forsytb; Col. J. A.
Hunt, of JB iruesFillt; J. P. Fori, Enq.,
ot Macon; T. B. Cabauiss, Solicitor Gen
eral, and tbe jolly little fat boy of tbe
Constitution. After airiving aud par
taking of a good square meal at tbe ho
tel, which is now being presided over by
Mr. H. T. Jennings, wuo is a number
one hotel man, we all commenced busi
ness in our respective lines.
Court was largely attended during the
wboie proceedings. All tbe local bar
was pres ut, which consists of Judge J.
W. Greene, Capt. J. A. Cotton, Gen.
Ihomas Beall, M. H. Sandwich, E. J.
Simmons, W. X. Beall and J. Y\ Allen.
We will not full to m. ke mention of tha
piesence cf tbe voung law students,
Messrs. J. E. F. Mathews, C. Angler, A.
C. Green and O. C. Cleveland.
Much mportant business was beiore
tbe Court, and the Judge, (John I. Hall)
who is rattier a young man, gave general
satisfaction, and* is not lacking in that
firmness and impartiality which belongs
to one bolding his position.
Tnowaston is not behind iu improve
ment. Two m ist, exoe lent fachools ate
located lure aud well p .troiiized. Car-
p -uteie are now busily at work on the new
Baptist Cuurcii aun other buildings.
Farmers are jcbilat t ovt r the recent
show* r« of rain; but on .,st Thursday
evening tUev were v-utt-d with most too
much iu the way of bail, whicU injured
the crooa t ■ souie extent iu s 'Uie por-
i-ins - t tlie oouniy. Tnestoiin raged
gom. furiously at times, threatening de-
.-)(ruciioii to every thing withi a'its reach.
L ais p‘uee c tu boast ol having a large
ijiiui'i.-i good bumuess houses.
The Heialb is uow fl .urishiog, aud is
ui of interesting reading matter.
J. C. S.
a. May (fuern in
ville.
Crawford-
Ckawkokiivillk, Ga , May 9, 1m?3.
Messrs. Editors:—luinking probably
that it might be interesting to some of
your readers to know how we enjoy our
selves in this quiet little village, there
fore I drop you a hasty line to sav that
on last night a large ocowd of all a 6 ea
and sizes, and some from a distance of
fifteen and twenty miles, were gathered at
t e Academy to witness the Coronation
ot a May Queen. Fo/ this nice and taste
are plaioJ by thi* clause under Uie protection of reside. No State >hali make or euforca any
School of young ladies, ihe rostrum
was beautifully decorated with wreaths
of cedar interspersed with roses and
oiher dowers of the season, evidencing
tnat they had been arranged by skillful
hands. This, together with the beauty
of the young ladies who represented
Diana, Flora aud other Goddesses o’ the
mountains and forests, presented a grand
and most lovely scene. Miss Marjr
Farmer, as the representative of “Love,
was crowned Queen of May.
Upon the wnole, the occasion passed
off yery pleasantly indeed, and reflected
much credit upon Mrs. Mitchell and her
young ladies, some cf whom are very
tender in years, but acted their parts
aimirablv ueH. After the coronation
and presentation of the various Nymphs
t > their queen, of offerings of allegiance,
in appropriate ittle speecues, the rest ot
the evening was spent iu a merry dance
Our farmers are looking lorward, with
a good season, to a large cotton crop’hia
year. W *