was doubtless intended to guard against the practice which formerly prevailed in England, in one class of cases, of issuing. warrants in a general form, which authorized the officer to search houses and arrest persons, without naming any persons or places in particular. This was a sort of roving commission to the officer to search any place and arrest any person whom he might suspect of being the accused party. The King's Bench, in the time of Chief Justice Pratt, pronounced general warrants to be totally illegal, and Parliament subsequently passed resolutions against them; resolutions by which the personal liberty of the subject was confirmed, and the lawful secrets of business and friendship were rendered inviolable.

435. Under the Constitution of the United States a warrant cannot issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. The warrant, and the complaint under oath upon which it is founded, must not only state the name of the party, but also the time, and place, and nature of the offence, with reasonable certainty.

Reserved Rights.

436. The fifth, sixth, seventh, and eighth amendments have already been considered, and it is unnecessary to recur to them again: (See sec. 351, 361,

365, 368.) The ninth Article declares that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

437. It is often said that the expression of one thing is the exclusion of another; and Bacon remarks that enumeration weakens the force of a law in cases not enumerated. It was to prevent the application of maxims like these, that the Constitution expressly declares that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people.

Powers not delegated reserved.

438. The tenth Article is as follows:-The powers not granted to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

439. The government of the United States being a government of limited and enumerated powers, it would seem naturally to follow, that powers not conferred were withheld, and belonged to the states or to the people of the states. But to quiet the fears of those who thought differently, this amendment was proposed and adopted, by which it is in effect declared that the government of the United States

shall assume

granted.

no powers beyond those which are

440. The eleventh and twelfth amendments, which relate to the jurisdiction of the judiciary and the mode of electing the President and Vice-President, have been already considered under those heads. (See sec. 255 et seq.)

4404. The thirteenth amendment declares that "neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." And the second clause of this amendment provides that "Congress shall have power to enforce this article by appropriate legislation.'

Appropriate legislation, under the latter clause, would seem to be limited, strictly, to such legislation as is essential to accomplish the purpose of the first clause, to wit, the prevention of slavery or involuntary servitude in the United States. It cannot legitimately, under pretence of that purpose, authorize Congress to pass laws, for example, which perhaps might add to the privileges or enjoyments of the state of freedom, but which, according to the import and genius of our constitutional system, are the proper subject of local and state legislation.

440. The first paragraph of the fourteenth amendment provides as follows: "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. No state shall make or enforce any law which shall abridge the privileges or 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."

A person may be a citizen, that is, owe allegiance to the government and be entitled to protection from it, and yet not possess the qualifications required by law to do certain things that other citizens do. For example, the mere fact of citizenship does not entitle any person to exercise the right of suffrage. He must in addition to such fact possess the qualifications required by law as the condition of such exercise. Consequently when the first clause of the fourteenth amendment declares who shall be citizens of the United States and of the several states, it does not thereby confer on them the right to vote.

The privileges and immunities which the fourteenth article forbids the several states to abridge, are those belonging to citizens of the United States, and not to those of the several states. What these privileges and immunities are it would be difficult to determine in a general definition. Among them, however, may

be included the right of the citizen to visit the seat of government, to assert any claim he may have upon the government, or to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the sub-treasuries, land offices, and courts of justice in the several states. Another privilege of a citizen of the United States is to demand the protection of the Federal government over his life, liberty, and property when on the high seas, or within the jurisdiction of a foreign government. The right to peaceably assemble and petition for redress of grievances, the privilege of the writ of habeas corpus, are rights of the citizen guaranteed by the Federal Constitution. The right to use the navigable waters of the United States, however they may penetrate the territories of the several states, all rights secured to citizens by treaties with foreign nations, are dependent upon citizenship of the United States and not citizenship of a state. The clause we are considering does not, it seems, restrain a state from granting a monopoly for the carrying on of any lawful industrial business, (not injurious to the community, nor the proper subject of police regulation,) and prohibiting its exercise by others than the monopolists. Such a grant, it is held, does not abridge the privileges of citizens of the United States.*

*It is the right of the state courts to decide finally whether any such exclusive privileges are forbidden by the state Constitutions.