plies
uniformly, and excludes none. One-half of the people were
excluded, and this article removes that exclusion--and that is
all. Apply the gentleman's idea to other provisions of the
Constitution; for instance, to this: "The right of the people to
keep and bear arms shall not be infringed." Would he contend that
therefore every new-born baby might at once grasp a musket? This
might be constitutional, but it would put the infantry on a
war-footing before the commissariat could be mobilized, I fear.
(Laughter and applause.)
Women are not only citizens, but the amendment further says, that
no State shall pass any law or enforce any law which shall
abridge the privileges and immunities of this citizenship. The
privileges--not a part of them. What do we mean when we say the
privileges? For instance, when we say "the ladies," do we not
mean them all? "The Senators," we mean them all. We do not merely
mean the Senator from Nevada (Mr. Nye), however he may have the
right to be spoken of first. (Laughter and applause.) These
terms, "privileges and immunities," are not now used for the
first time in the American Constitution. They are old
acquaintances of ours. They have done service a great while. They
occur in this same Constitution, as will be seen by referring to
the second section of Article IV, on page 38 of Paschal's
admirably annotated Constitution of the United States: "Citizens
of each State shall be entitled to all the privileges and
immunities of citizens in the several States." Precisely, as the
XIV. Amendment has it, but, as Judge Bradley recently said, with
a much more enlarged meaning in the latter. They were old before
the Constitution, and were incorporated into it from the fourth
article of the Old Confederation, which provided, "that the free
inhabitants of each of the States shall be entitled to all the
privileges and immunities of the free citizens of the several
States."
If you would see a comment upon these terms, read the
forty-second number of the _Federalist_, or a tumefied and
diluted edition of it, in Story on the Constitution, which, like
some other of his books, contains some remarks of his own, and
are not always the best things in them. For the benefit of the
Judiciary Committee, made up, as you know, o
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