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African American Perspectives: Pamphlets from the Daniel A.P.Murray Collection, 1818-1907
The fourteenth amendment to the Constitution considered : the right to pursue any lawful trade or avocation, without other restraint than such as equally affects all persons, is one of the privileges of citizens of the United States which can not be abridged by state legislation : dissenting opinions of Mr. Justice Field, Mr. Justice Bradley, and Mr. Justice Swayne, of U.S. Supreme Court, in the New Orleans slaughter-house cases.
Supreme Court of the United States. December Term, 1870.
The first clause of the fourteenth amendment changes this whole subject, and removes it from the region of discussion and doubt. It recognizes in express terms, if it does not create, citizens of the United States, and it makes their citizenship dependent upon the place of their birth, or the fact of their adoption, and not upon the constitution or laws of any State or the condition of their ancestry. A citizen of a State is now only a citizen of the United States residing in that State. The fundamental rights, privileges, and immunities which belong to him as a free citizen, now belong to him as a citizen of the United States, and are dependent upon his citizenship of any State. The exercise of these rights and privileges, and the degree of enjoyment received from such exercise, are always more or less affected by the condition and the local institutions of the State, or city, or town where he resides. They are thus affected in a State by the wisdom of its laws, the ability of its officers, the efficiency of its magistrates, and education and morals of its people, and by many other considerations. This is a result which follows from the constitution of society, and can never be avoided, but in in no other way can they be affected by the action of the State, or by the residence of the citizen therein. They do not derive existence from its legislation, and cannot be destroyed by its power.
---------THE CONGRESSIONAL GLOBE
