"..."Every citizen of the United States is a component
member of the nation, with rights and duties under the Constitution
and laws of United States, which cannot be destroyed abridged by the
laws of any particular State. The laws of the State, if they conflict
with laws of the nation, are of no force. . . . A citizen of the
United States, whether by birth or naturalization, holds his
franchise by the laws of the United States, and above the control of
any particular State. . . . Whoever has that franchise is a whole
citizen, and a citizen of the whole nation, and cannot be such
citizen in one State, and not in another. 1
§ 34. The people of the United States, in making their
Constitution, do not create or confer on themselves any new rights
but they expressly reserve all the rights they then held, except what
were delegated for their own benefit; and they particularly and
expressly recognize and perpetuate many natural and civil common-law
rights, which, of course, are placed beyond the reach of any
subordinate government, and even of their own. Among these are the
following:--
1. The right to be, what they call themselves, "the people of
the United States," citizens, and component members of the body
politic,--the nation; and to participate in all the privileges,
immunities, and benefits the Constitution was designed to obtain or
secure for all the American people, especially the right to be
protected and governed according to the provisions of the
Constitution.
2. A right to the privileges and immunities of citizens in any of
the several States. Among these is the fundamental and elementary
right of suffrage. The Representatives to the national and State
legislatures must be chosen by the people, the citizens (Section 2).
Consequently, the citizens must choose them, and have a right to
choose them. Am. 14, § 2.
3. A right to the common-law writ of habeas corpus, to protect the
other common-law right, as well as natural and constitutional right,
of personal liberty.
4. A right to trial by jury in any criminal case.
5. A right to keep and bear arms.
6. A right to life, liberty, and property, unless deprived by due
process of law.
7. A right to just compensation for property legally taken for
public use.
8. A right to participate in all rights retained by, or reserved
to, the people...."
1 Attorney General Bates's Opinion on
Citizenship Nov 29 1862. [Pgs. 57-59]
- Judge Timothy Farrar, [MANUAL OF THE CONSTITUTION OF THE
UNITED STATES OF AMERICA. By TIMOTHY FARRAR, LL.D.
Veritatem--"expellas furca, tamen usque recurret."--Horace.
"Litera scripts manet." THIRD EDITION REVISED. With An
Appendix. BOSTON: LITTLE, BROWN, AND COMPANY. 1872. Pg. 145] (The
Hon. Timothy Farrar of New Ipswich, N.H. was a judge of the Court of
Common Pleas, and vice president and director of the New England
Historical and Genealogical Society. He also wrote the Review of the
Dred Scott Decision)
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