Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
Accordingly, the Fourteenth Amendment was adopted, enunciating the
broad legal and political doctrine that no state "shall abridge the
privileges or immunity of citizens of the United States; nor shall any
state deprive any _person_ of life, liberty, or property without due
process of law; nor deny to any _person_ within its jurisdiction the
equal protection of the law."
Here was a restriction laid upon state legislatures which might be
substantially limitless in its application, in the hands of a judiciary
wishing to place the broadest possible interpretation upon it. What are
privileges and immunities? What are life, liberty, and property? What is
due process of law? What is the equal protection of the law? Does the
term "person" include not only natural persons but also artificial
persons, namely, corporations? That the reconstruction committee of
Congress which framed the instrument intended to include within the
scope of this generous provision not only the negro struggling upward
from bondage, but also corporations and business interests struggling
for emancipation from legislative interference, has been often asserted.
In arguing before the Supreme Court in the San Matteo County case, on
December 19, 1882, Mr. Roscoe Conkling, who had been a member of the
committee which drafted the Fourteenth Amendment, unfolded for the first
time the deep purpose of the committee, and showed from the journal of
that committee that it was not their intention to confine the amendment
merely to the protection of the colored race. In the course of his
argument, Mr. Conkling remarked, "At the time the Fourteenth Amendment
was ratified, as the records of the two Houses will show, individuals
and joint-stock companies were appealing for congressional and
administrative protection against invidious and discriminating state and
local taxes. One instance was that of an express company, whose stock
was owned largely by citizens of the State of New York, who came with
petitions and bills seeking Acts of Congress to aid them in resisting
what they deemed oppressive taxation in two states, and oppressive and
ruinous rules of damages applied under state laws. That complaints of
oppression in respect of property and other rights, made by citizens of
Northern States who took up residence in the South, were rife, in and
out of Congress, none of us can forget; that complaints of oppression in
various forms, of white men in the South,--of 'Union men,'--were heard
on every side, I need not remind the Court. The war and its results, the
condition of the freedmen, and the manifest duty owed to them, no doubt
brought on the occasion for constitutional amendment; but when the
occasion came and men set themselves to the task, the accumulated evils
falling within the purview of the work were the surrounding
circumstances, in the light of which they strove to increase and
strengthen the safeguards of the Constitution and laws."[19]
Public-domain text, read in full here on John Shaqi.
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