tled. The people
of the United States determined this question by the XIV.
Amendment to the Constitution, which declares that--
All persons born or naturalized in the United States and
subject to the jurisdiction thereof are citizens of the
United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the law.
This amendment, after declaring who are citizens of the United
States, and thus fixing but one grade of citizenship, which
insures to all citizens alike all the privileges, immunities and
rights which accrue to that condition, goes on in the same
section and prohibits these privileges and immunities from
abridgment by the States. Whatever these "privileges and
immunities" are, they attach to the female citizen equally with
the male. It is implied by this amendment that they are inherent,
that they belong to citizenship as such, for they are not therein
specified or enumerated.
The majority of the committee hold that the privileges guaranteed
by the XIV. Amendment do not refer to any other than the
privilege embraced in section 2, of article 4, of the original
text. The committee certainly did not duly consider this
unjustified statement. Section 2, of article 4, provides for the
privileges of "citizens of the _States_," while the first section
of the XIV. Amendment protects the privileges of "_citizens of
the United States_." The term citizens of the _States_ and
citizens of the _United States_ are by no means convertible.
A circuit court of the United States seems to hold a different
view of this question from that stated by the committee. In the
case of The Live Stock Association _vs._ Crescent City (1st
Abbott, 396), Justice Bradley, of the Supreme Court of the United
States, delivering the opinion, uses the following language in
relation to the first clause of the XIV. Amendment:
The new prohibition that "no State shall make or enforce any
law which shall abridge the privileges or immunities o
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