FREE BOOKS

Author's List




PREV.   NEXT  
|<   725   726   727   728   729   730   731   732   733   734   735   736   737   738   739   740   741   742   743   744   745   746   747   748   749  
750   751   752   753   754   755   756   757   758   759   760   761   762   763   764   765   766   767   768   769   770   771   772   773   774   >>   >|  
cal benefit, not very precisely measured, to black men. 2. An inquiry as to actual intent in such a case is never admissible. A rule that allowed it would make every law uncertain. An enactment can be construed only by the language in fact used, and where that language is doubtful, by other parts of the same enactment, and by a consideration of the public evil which the law was intended to remedy. The evil to be remedied in this case was the political disadvantage under which black men, made free by the XIII. Amendment, still labored. The object was to give them a positive political benefit. The terms used are such that, necessarily and confessedly, whatever benefit accrues to black men under it accrues equally to women. It is said, in the next place, that the term "citizen" has acquired a meaning in American usage, legal and political, that does not carry with it the idea of suffrage; and the report of the majority of the Judiciary Committee on the Woodhull memorial places its adverse construction of this amendment entirely on the ground of an American use of the term in its restricted sense. Such a use of the term undoubtedly exists. Webster recognizes it, and so do some of our political writers. But this meaning is a secondary and lower one, and has not attained such dignity of use as to encroach at all upon the well-established general meaning, and would not be presumed in a law, much less in a constitution. The American authorities are strongly in favor of the larger meaning. The term is used in the second section of the original Constitution, article four, which provides that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." In Corfield _vs._ Coryell, 4 Wash. C. C. R., 380, the court say: "The inquiry is what are the privileges and immunities of citizens in the several States? They may be all comprehended under the following general heads: (Here follows a statement of numerous rights, civil and political, closing as follows:) "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." And in the Dred Scott case, 19 Howard, 476, Mr. Justice Daniel says: There is not, it i
PREV.   NEXT  
|<   725   726   727   728   729   730   731   732   733   734   735   736   737   738   739   740   741   742   743   744   745   746   747   748   749  
750   751   752   753   754   755   756   757   758   759   760   761   762   763   764   765   766   767   768   769   770   771   772   773   774   >>   >|  



Top keywords:
political
 

meaning

 

American

 

benefit

 

citizens

 

established

 
States
 
immunities
 

privileges

 
general

constitution

 

accrues

 
language
 

enactment

 

inquiry

 

intent

 

actual

 

article

 
entitled
 
measured

Coryell

 

Constitution

 
Corfield
 
original
 

admissible

 

dignity

 

encroach

 
presumed
 

larger

 

section


strongly

 

authorities

 

exercised

 

elective

 
franchise
 

regulated

 
Daniel
 

Justice

 
Howard
 

comprehended


attained

 

rights

 

closing

 
numerous
 

statement

 

precisely

 

secondary

 

necessarily

 

confessedly

 
construed