The Stanley, Ryan, Nichols, and Singleton cases were submitted together
by the solicitor general at the last term of court, on the 7th day of
November, 1882. There were no appearances and no briefs filed for the
defendants.
The Robinson case was submitted on the briefs at the last term, on the
29th day of March, 1883.
_Mr. Solicitor General Phillips_ for the United States.
After considering some objections in the forms of proceedings in the
different cases, the counsel reviewed the following decisions of the
court upon the Thirteenth and Fourteenth Amendments to the Constitution
and on points cognate thereto, viz.: _The Slaughter-House Cases_, 16
Wall. 36; _Bradwell ~v.~ The State_, 16 Wall. 130; _Bartmeyer ~v.~
Iowa_, 18 Wall. 129; _Minor ~v.~ Happersett_, 21 Wall. 162; _Walker_
v. _Sauvinet_, 92 U. S. 90; _United States ~v.~ Reese_, 92 U. S. 214;
_Kennard ~v.~ Louisiana_, 92 U. S. 480; _United States ~v.~ Cruikshank_,
92 U. S. 542; _Munn ~v.~ Illinois_, 94 U. S. 113; _Chicago B. & C. R. R.
Co. ~v.~ Iowa_, 94 U. S. 155; _Blyew ~v.~ United States_, 13 Wall. 581;
_Railroad Co. ~v.~ Brown_, 17 Wall. 445; _Hall ~v.~ DeCuir_, 95 U. S.
485; _Strauder ~v.~ West Virginia_, 100 U. S. 303; _Ex parte Virginia_,
100 U. S. 339; _Missouri ~v.~ Lewis_, 101 U. S. 22; _Neal ~v.~ Delaware_,
103 U. S. 370.
Upon the whole, these cases decide that,
1. The Thirteenth Amendment forbids all sorts of involuntary personal
servitude except penal, as to all sorts of men, the word servitude
taking some color from the historical fact that the United States were
then engaged in dealing with African slavery, as well as from the
signification of the Fourteenth and Fifteenth Amendments, which must be
construed as _advancing_ constitutional rights previously existing.
2. The Fourteenth Amendment expresses prohibitions (and consequently
implies corresponding positive immunities), _limiting State action
only_, including in such action, however, action by all State agencies
executive, legislative and judicial, of whatever degree.
3. The Fourteenth Amendment warrants legislation by Congress punishing
violations of the immunities thereby secured when committed by agents of
States in discharge of ministerial functions.
The right violated by Nichols, which is of the same class as that
violated by Stanley and by Hamilton, is the right of locomotion,
which Blackstone makes an element of personal liberty. Blackstone’s
Commentaries, Book I, ch. 1.
In violation of this right, Nichols did not act in an exclusively private
capacity, but in one devoted to public use, and so affected with a
public, _i. e._, a State interest. This phrase will be recognized as
taken from the _Elevator Cases_ in 94 U. S., already cited.
Public-domain text, read in full here on John Shaqi.
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