servitude. In every other
case, the power of exclusion recognized by the XIV. Amendment is
untouched by the XV. It is also worthy of notice that, throughout
the XIV. and XV. Amendments, voting is not treated as, or
denominated a privilege, and evidently was not intended to be,
nor regarded as included in the "privileges or immunities" of a
citizen, which no State can abridge for any cause whatever. I
have taken this pains to distinguish between the "privileges and
immunities" of a citizen, and the "right" of a citizen to vote,
not because I feared that this court would deny one, even if the
other would follow, but to quiet the fears of the timid and
conservative.

I come now to the narrower and precise question before the court:
Can a female citizen, duly qualified in respect of age,
character, and learning, claim, under the XIV. Amendment, the
privilege of earning a livelihood by practicing at the bar of a
judicial court? It was provided by the original Constitution:

The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.

Under this provision each State could determine for itself what
the privileges and immunities of its citizens should be. A
citizen emigrating from one State to another carried with him,
not the privileges and immunities he enjoyed in his native State,
but was entitled, in the State of his adoption, to such
privileges and immunities as were enjoyed by the class of
citizens to which he belonged by the laws of such adopted State.
A white citizen of one State, where no property qualification for
voting was required, emigrating to a State which required such
qualification, must conform to it before he could claim the right
to vote. A colored citizen, authorized to hold property in
Massachusetts, emigrating to South Carolina, where all colored
persons were excluded from such right, derived no aid, in this
respect, from the Constitution of the United States, but was
compelled to submit to all the incapacities laid by the laws of
that State upon free persons of color born and residing therein.
A married woman, a citizen of the State of Wisconsin, where by
law she was capable of holding separate estate, and making
contracts concerning the same, emigrating t