Elliott (18 Howard), Justice Curtis, in declining
to give an enumeration of all the "privileges" of the citizen,
said, "According to the express words and clear meaning of the
clause, no privileges are secured except those that belong to
citizenship."
The Supreme Court said, in Corfield _vs._ Coryell, that the
elective franchise is such privilege; therefore, according to
Justice Curtis, it belongs to citizenship. In a case in the
Supreme Court of Kentucky (1 Littell's Ky. Reports, p. 333), the
Court say:
No one can, therefore, in the correct sense of the term, be
a citizen of a State who is not entitled upon the terms
prescribed by the institutions of the State to all the
rights and privileges conferred by these institutions upon
the highest class of society.
Mr. Wirt, when Attorney-General of the United States, in an
official opinion to be found on p. 508, 1st volume Opinions of
Attorney-Generals, came to the conclusion that the negroes were
not citizens of the United States, for the reason that they had
very few of the "privileges" of citizens, and among the
"privileges of citizens" of which they were deprived, that they
could not vote at any election.
Webster defines a citizen to be "a person, native or naturalized,
who has the privilege of voting for public officers, and who is
qualified to fill offices in the gift of the people." Worcester
defines the word thus: "An inhabitant of a republic who enjoys
the rights of a citizen or freeman, and who has a right to vote
for public officers as a citizen of the United States." Bouvier,
in his Law Dictionary, defines the term citizen: "One who, under
the Constitution and laws of the United States, has a right to
vote for Representatives in Congress and other public officers,
and who is qualified to fill offices in the gift of the people."
Aristotle defines a citizen to be "one who is a partner in the
legislative and judicial power, and who shares in the honors of
the State." (Aristotle de Repub., lib. 3, cap. 5, D.) The
essential properties of Athenian citizenship consisted in the
share possessed by every citizen in the legislature, in the
election of magistrates, and in the courts of justice. (See
Smith's Dictionary of Greek Antiquities, p. 289). The p
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