enjoyed by any person in that
State, unless there he some express exceptions made by
positive law covering the particular persons, whose rights
are in question.

In the course of the argument of this case, Mr. Akerman used the
following language upon the point, as to whether citizenship
carried with it the right to hold office:

It may be profitable to inquire how the term (citizen) has
been understood in Georgia.... It will be seen that men whom
Georgians have been accustomed to revere believed that
citizenship in Georgia carried with it the right to hold
office in the absence of positive restrictions.

The majority of the committee having started out with the
erroneous hypothesis that the term "privileges of citizens of the
United States," as used in the XIV. Amendment, means no more than
the term "privileges of citizens," as used in section 2 of
article 4, discuss the question thus:

The right of suffrage was not included in the privileges of
citizens as used in section 2, article 4, therefore that
right is not included in the privileges of citizens of the
United States, as used in the XIV. Amendment.

Their premise being erroneous their whole argument fails. But if
they were correct in their premise, we yet claim that their
second position is not sustained by the authorities, and is shown
to be fallacious by a consideration of the principles of free
government. We claim that from the very nature of our Government,
the right of suffrage is a fundamental right of citizenship, not
only included in the term "privileges of citizens of the United
States," as used in the XIV. Amendment, but also included in the
term as used in section 2, of article 4, and in this we claim we
are sustained both by the authorities and by reason. In Abbott
_vs._ Bayley, (6 Pick., 92,) the Supreme Court of Massachusetts
says:

"The privileges and immunities" secured to the people of
each State, in every other State, can be applied only to the
case of a removal from one State into another. By such
removal they become citizens of the adopted State without
naturalization, and have a right to sue and be sued as
citizens; and yet this privilege is qualified and not