The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
"It grew out of the feeling that a nation which had been maintained by
such costly sacrifices was, after all, worthless, if a citizen could not
be protected in all his fundamental rights, everywhere--North and South,
East and West--throughout the limits of the Republic. The amendment
was not, as held in the opinion of the majority, primarily intended to
confer citizenship on the negro race. It had a much broader purpose.
It was intended to justify legislation extending the protection of the
National Government over the common rights of all citizens of the United
States, and thus obviate objection to the legislation adopted for the
protection of the emancipated race. It was intended to make it possible
for all persons--which necessarily included those of every race and
color--to live in peace and security wherever the jurisdiction of
the nation reached. It therefore recognized, if it did not create,
a national citizenship. This national citizenship is primary and not
secondary.".
I cannot refrain from calling attention to the splendor and nobility of
the truths expressed by Justice Field in this opinion.
So, Justice Field, in his dissenting opinion in what are known as _The
Slaughter-House Cases_, found in 16 Wallace, p. 95, still speaking of
the 14th Amendment, says:
"It recognizes in express terms--if it does not create--citizens of the
United States, and it makes their citizenship dependent upon the
place of their birth or the fact of their adoption, and not upon the
constitution or laws of any State, or the condition of their ancestry.
"A citizen of a State is now only a citizen of the United States residing
in that State. The fundamental rights, privileges and immunities which
belong to him as a free man and a free citizen of the United States, are
not dependent upon the citizenship of any State. * * *
"They do not derive their existence from its legislation, and cannot be
destroyed by its power."
What are "the fundamental rights, privileges and immunities" which
belong to a free man? Certainly the rights of all citizens of the United
States are equal. Their immunities and privileges must be the same.
He who makes a discrimination between citizens on account of color,
violates the Constitution of the United States.
Have all citizens the same right to travel on the highways of the
country? Have they all the same right to ride upon the railways created
by State authority? A railway is an improved highway. It was only by
holding that it was an improved highway that counties and States aided
in their construction. It has been decided, over and over again, that a
railway is an improved highway. A railway corporation is the creation
of a State--an agent of the State. It is under the control of the
State--and upon what principle can a citizen be prevented from using the
highways of a State on an equality with all other citizens?
These are all rights and immunities guaranteed by the Constitution of
the United States.
Public-domain text, read in full here on John Shaqi.
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