FREE BOOKS

Author's List




PREV.   NEXT  
|<   659   660   661   662   663   664   665   666   667   668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683  
684   685   686   687   688   689   690   691   692   693   694   695   696   697   698   699   700   701   702   703   704   705   706   707   708   >>   >|  
f some of the ablest lawyers and best men of the country, I procured a judicial definition of these terms, "privileges, and immunities," although Mr. Attorney Bates said none exists, and my friend Judge Paschal, a more learned man, repeated it. I referred them to the case of Corfield _vs._ Coryell, 4th vol. of the so-called "Washington Circuit Court Reports," p. 371, where these terms came up, away back in the old time. Bushrod Washington, the favorite nephew of our Washington, made the decision, ladies. He was the Washington who got all of the brains of the family outside of its great chief; and he put them to a most admirable use. He was one of the judges of the Supreme Court of the United States, and he judicially defined the meaning of these "privileges and immunities," and said that they included such privileges as are fundamental in their nature. And among them he says, is the right to EXERCISE THE ELECTIVE FRANCHISE, and to HOLD OFFICES, as provided for by the laws of the various States. And the great Chancellor Kent, quoting this case, thus approvingly incorporates its very language into his text, where it stands unchallenged, unquestioned, and uncontradicted. "It was declared in Corfield _vs._ Coryell, that the privileges and immunities conceded by the Constitution of the United States to citizens in the several States, were to be confined to those which were in their nature fundamental, and belonged of right to the citizens of all free governments. Such are the rights of protection of life and liberty, and to acquire and enjoy property, and to pay no higher impositions than other citizens, and to pass through or reside in the State at pleasure, and _to enjoy the elective franchise according_ to the regulations of the law of the State" (2 Kent Com., p. 71). Why, the gentlemen of the Upper and of the Lower House, who are familiar with that decision and with its canonization by Kent, are not obliged to resort to Webster (not Daniel) and Worcester, nor to Grant White, nor even to Bouvier's Law Dictionary. They may overrule them all if they will. But they must go back to these sometimes forgotten decisions, which rest in the leaves of these dusty volumes, to these witnesses o
PREV.   NEXT  
|<   659   660   661   662   663   664   665   666   667   668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683  
684   685   686   687   688   689   690   691   692   693   694   695   696   697   698   699   700   701   702   703   704   705   706   707   708   >>   >|  



Top keywords:

States

 

privileges

 
Washington
 

immunities

 

citizens

 

nature

 

fundamental

 

Coryell

 

decision

 

United


Corfield

 
Constitution
 
uncontradicted
 

unquestioned

 
declared
 
conceded
 

protection

 

rights

 

liberty

 

property


acquire

 

reside

 

governments

 

confined

 

higher

 

belonged

 

impositions

 

overrule

 

Dictionary

 
Bouvier

volumes

 

witnesses

 
leaves
 

forgotten

 

decisions

 
unchallenged
 

regulations

 
pleasure
 

elective

 
franchise

gentlemen

 

resort

 

Webster

 
Daniel
 

Worcester

 

obliged

 
canonization
 

familiar

 

EXERCISE

 
called