A coloured citizen, authorized to carry property in Massachusetts, emigrating to South Carolina, the place all colored persons had been excluded from such proper, derived no support, on this respect, from the Constitution of the United States, but was compelled to submit to all the incapacities laid by the legal guidelines of that State upon free persons of color born and residing therein. A citizen emigrating from one State to another carried with him, not the privileges and immunities he enjoyed in his native State, however was entitled, within the State of his adoption, to such privileges and immunities as were loved by the class of citizens to which he belonged by the laws of such adopted State. We being keen that error, if any hath been, needs to be duly corrected, and full and speedy justice accomplished to the events aforesaid on this behalf, do command you, if judgment be therein given, that then below your seal, distinctly and openly, you send the file and proceedings aforesaid, with all issues concerning the same, to the Supreme Court of the United States, together with this writ, so that you’ve the identical at Washington on the first Monday of December next, within the stated Supreme Court, to be then and there held, that the report and proceedings aforesaid being inspected, the mentioned Supreme Court could cause further to be accomplished therein to right that error what of right, and in line with the legal guidelines and customized of the United States, needs to be achieved.
The case was argued for the plaintiff within the December term, 1871, by the Hon. Matt. That’s the case in the current instance. She made this denial of her civil rights a check case by bringing swimsuit in opposition to the State of Illinois within the Supreme Court of the United States. In the one case it was by no means pretended that this courtroom may properly overturn the rule, and we don’t see how we might be justified should we disregard it in the opposite. Amendment, the privilege of incomes a livelihood by practising on the bar of a judicial courtroom? By the foundations of this courtroom no person could be admitted to apply on the bar with out service for a hard and fast time period in the very best courtroom of the State in which such particular person resides. Consequently a denial of admission in the best court of the State is an insurmountable obstacle to admission to the bar of this court. While those theories which are popularly known as “lady’s rights” cannot be anticipated to fulfill with a very cordial acceptance among the many members of a occupation which, more than every other, inclines its followers, if not to face immovable upon the historic methods, at the least to make no scorching haste in measures of reform, nonetheless all right-minded men must gladly see new spheres of motion opened to girl, and larger inducements provided her to hunt the best and widest tradition.
Because, within the record and proceedings, as additionally within the rendition of the judgment of a plea which is in the stated Supreme Court of the State of Illinois, earlier than you, or some of you, being the very best court docket of legislation or equity of the said State by which a decision may very well be had within the mentioned go well with within the matter of the appliance of Myra Bradwell, of Cook County, Illinois, for a license to follow regulation within the courts of stated State, whereby was drawn in query the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision was in opposition to their validity; or whereby was drawn in question the validity of a statute of, or an authority exercised under, mentioned State, on the bottom of their being repugnant to the Constitution, treaties, or laws of the United States, and the choice was in favor of such their validity; or whereby was drawn in question the construction of a clause of the Constitution, or of a treaty, or statute of, or fee held below, the United States, and the choice was in opposition to the title, right, privilege, or exemption, specifically arrange or claimed beneath such clause of the said Constitution, treaty, statute, or commission, a manifest error hath happened, to the great damage of the mentioned Myra Bradwell, as by her complaint seems.
The great drawback of feminine suffrage, the answer of which lies in our rapid future, naturally sufficient, from its transcendent importance, draws to itself, in prejudiced minds, each question referring to the civil rights of girls; and it appears to be feared that doing justice to girl’s rights in any explicit would probably be followed by the establishment of the precise of feminine suffrage, which, it’s assumed, would overthrow Christianity, defeat the ends of trendy civilization, and upturn the world. But whether or not the appropriate to vote is lined by the phrase “privileges and immunities,” was a lot mentioned beneath the provisions of the old Constitution; and at the very least one of the earliest decisions drew a distinction between “privileges and immunities” and political rights. Alternatively, Mr. Justice Washington, in a celebrated case, expressed the opinion, that the suitable to vote and hold workplace was included in this phrase. I have taken this pains to tell apart between the “privileges and immunities” of a citizen, and the “right” of a citizen to vote, not as a result of I feared that this court docket would deny one, even if the opposite would observe, however to quiet the fears of the timid and conservative. Whatever are the privileges and immunities of a citizen in the State of latest York, such citizen, emigrating, carries them with him into every other State of the Union.