of right to the
citizens of all free governments; and which have, at all
times, been enjoyed by the citizens of the several States
which compose this Union, from the time of their becoming
free, independent, and sovereign. What those fundamental
principles are, it would perhaps be more tedious than
difficult to enumerate.
They may, however, be all comprehended under the following
general heads: Protection by the Government, the enjoyment
of life and liberty, with the right to acquire and possess
property of every kind, and to pursue and obtain happiness
and safety, subject, nevertheless, to such restraints as the
Government may justly prescribe for the general good of the
whole; the right of a citizen of one State to pass through,
or to reside in any other State for purposes of trade,
agriculture, professional pursuits, or otherwise; to claim
the benefit of the writ of _habeas corpus_; to institute and
maintain actions of every kind in the courts of the State;
to take, hold, and dispose of property, either real or
personal; and an exemption from higher taxes or imposition
than are paid by the citizens of the other State, may be
mentioned as some of the particular privileges and
immunities of citizens, which are clearly embraced by the
general description of privileges deemed to be fundamental;
to which may be added, the elective franchise, as regulated
and established by the laws or Constitution of the State in
which it is to be exercised (Corfield _vs._ Corryell, 4
Wash. C.C., 380). Cited and approved in Dunham _vs._
Lamphere, 3 Gray, 276 (Mass.); Bennett _vs._ Boggs, Baldwin
Rep., 72.
A proper construction of Art. 1, Sec. 2, of the Constitution of
the United States will further demonstrate the proposition we are
endeavoring to uphold. That section is as follows:
ARTICLE 1, Section 2. The House of Representatives shall be
composed of members chosen every second year by the people
of the several States; and the electors in each State shall
have the qualifications for electors of the most numerous
branch of the State Legislature.
This section consists of two
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