Page:History of Woman Suffrage Volume 2.djvu/488

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History of Woman Suffrage.

and protection on the other. The phrase "a citizen of the United States," without addition or qualification, means neither more nor less than a member of the Nation. (Opinion of Attorney-General Bates on citizenship.)

The Supreme Court of the United States has ruled that, according to the express words and clear meaning of the section 2, article iv. of the Constitution, no privileges are secured by it except those which belong to citizenship. (Connor et al. vs. Elliott et al., 18 Howard, 593). In Corfield vs. Coryell, 4 Washington Circuit Court Reports, 380, the Court say:

The inquiry is, what are the privileges and immunities of citizens in the several States? We feel no hesitation in confining these expressions to those privileges and immunities which are in their nature fundamental; which belong of right to the citizens of all free governments; and which have at all times been enjoyed by the citizens of the several States which compose this Union, from the time of their becoming free, independent, and sovereign. What these fundamental principles are would, perhaps, be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: Protection by the Government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the Government may justly prescribe for the general good of the whole; the right of a citizen of one State to pass through or to reside in any other State, for the purpose of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the State; to take, hold, and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State, may be mentioned as some of the particular privileges and immunities of citizens which are clearly embraced by the general description of privileges deemed to be fundamental; to which may be added the elective franchise, as regulated and established by the laws or Constitution of the State in which it is to be exercised.... But we can not accede to the proposition which was insisted on by the counsel, that under this provision of the Constitution, sec. 2, art. 4, the citizens of the several States are permitted to participate in all the rights which belong exclusively to the citizens of any other particular State.

The learned Justice Story declared that the intention of the clause—"the citizens of each State shall be entitled, to all the privileges and immunities of citizens in the several States"—was to confer on the citizens of each State a general citizenship, and communicated all the privileges and immunities which a citizen of the same State would be entitled to under the circumstances. (Story on the Constitution, vol. 2, p. 605).

In the case of the Bank of the United States vs. Primrose, in the Supreme Court of the United States, Mr. Webster said:

That this article in the Constitution (art. 4, sec. 2) does not confer on the citizens of each State political rights in every other State, is admitted. A citizen of Pennsylvania can not go into Virginia and vote at any election in that State, though when he has acquired a residence in Virginia, and is otherwise qualified, is required by the Constitution (of Virginia), he becomes, without formal adoption as a citizen of Virginia, a citizen of that State politically. (Webster's Works, vol. 6, p. 112).
It must be obvious that Mr. Webster was of opinion that the privileges and immunities of citizens, guaranteed to them in the several States, did not include the privilege of the elective franchise otherwise than as secured by the State Constitution. For, after making the statement above quoted, that a citizen of Pennsylvania can not go into Virginia and vote, Mr. Webster adds, "but for the purposes of trade, commerce, buying and selling, it is evidently not in the power of any State to impose any hindrance or embarrassment, etc.