This was agreed to by the committee, but before it was reported to the
House, Stevens presented a series of amendments consisting of five
sections which had been prepared by Robert Dale Owen, a distinguished
publicist, who was not a member of the Congress. This series had met
Stevens's approval, and after some delay and some changes it was adopted
by the committee. Bingham then withdrew his own proposed amendment and
offered the following in place of it, which was adopted as section one:
No state shall make or enforce any law which shall abridge the
privileges and immunities 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 laws.
The difference between this provision and the first one proposed by
Bingham was the whole difference between giving Congress power to pass
laws for the administration of justice in the states and merely
prohibiting the states from making discriminations between citizens.
There was no definition of citizenship in the amendment as reported by
the joint committee. Apparently they relied upon the Civil Rights Act,
which had been passed over the President's veto, to supply that
definition, but shortly before the final vote was taken in the Senate,
Howard, who had charge of the measure in the temporary illness of
Fessenden, proposed the following words to be placed at the beginning of
the first section.
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside.
The reason for adopting this clause was to validate the corresponding
part of the Civil Rights Act and put it beyond repeal, in the event that
the Republicans should at some future time lose control of Congress.
Public-domain text, read in full here on John Shaqi.
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