There is one other point made by Justice Harlan which transfixes as with a spear the decision of the Court. It is this: As soon as the Thirteenth and Fourteenth Amendments were adopted the colored citizen was entitled to the protection of section two, article four, namely: "The citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States." Now, suppose a colored citizen of Mississippi moves to Tennessee. Then, under the section last quoted, he would immediately become invested with all the privileges and immunities of a white citizen of Tennessee. Although denied these privileges and immunities in the State from which he emigrated, in the State to which he immigrates he could not be discriminated against on account of his color under the second section of the fourth article. Now, is it possible that he gets additional rights by immigration? Is it possible that the General Government is under a greater obligation to protect him in a State of which he is not a citizen than in a State of which he is a citizen? Must he leave home for protection, and after he has lived long enough in the State to which he immigrates to become a citizen there, must he again move in order to protect his rights? Must one adopt the doctrine of peripatetic protection--the doctrine that the Constitution is good only _in transitu_, and that when the citizen stops, the Constitution goes on and leaves him without protection? Justice Harlan shows that Congress had the right to legislate directly while that power was only implied, but that the moment this power was conferred in express terms, then according to the Supreme Court, it was lost. There is another splendid definition given by Justice Harlan--a line drawn as broad as the Mississippi. It is the distinction between the rights conferred by a State and rights conferred by the Nation. Admitting that many rights conferred by a State cannot be enforced directly by Congress, Justice Harlan shows that rights granted by the Nation to an individual may be protected by direct legislation. This is a distinction that should not be forgotten, and it is a definition clear and perfect.