SECTION 2. Congress shall have power to enforce this Dec. 18, 1855. article by appropriate legislation. Scope of this amendment. — The Thirteenth Amendment relates only to slavery and its incidents, and the legislative power thereby conferred upon Congress extends only to the subject of slavery and matters connected therewith: Civil Rights Cases, 109 U. S. 3. Being denied equal accommodations in public inns, conveyances and the like is not slavery nor a badge of slavery, and is not repugnant to this article of the constitution: Id. The emancipation of a native-born slave, by the Thirteenth Amendment, removed the disability of slavery, and made him a citizen of the United States; subject, however, to any law ful restrictions imposed upon his right to vote, or other powers or privileges: Power to enforce this United States v. Rhodes, 1 Abb. 28; article. The act of April 9, 1866 (14 Stat. 27), ARTICLE XIV. and rights [Proposed by Congress June 16, 1866; declared ratified, July 28, 1868.] SECTION 1. All persons born or naturalized in the July 28, 1868 United States, and subject to the jurisdiction thereof, are citizenship, citizens of the United States and of the state wherein thereof. 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. SECTION 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation Apportion ment of repre sentatives in Congress. July 28, 1868. Persons disqualified from in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. SECTION 3. No person shall be a senator or representholding office. ative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two thirds of each house remove such disability. Public debt not to be questioned. Rebel debts to be paid. SECTION 4. The validity of the public debt of the United States, authorized by law, including debts inand claims not curred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. Power to enforce this article. SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Scope of this amendment as had formerly held them in slavery, to citizenship. The power of The first clause of the Fourteenth granting exclusive rights when neces- Amendment defines citizenship of the sary and proper to effectuate a pur- United States and of the states, and pose which had in view the public thereby recognizes the distinction begood, has always been exercised by tween citizenship of a state and of the state legislatures, and is not for the United States. The second clause bidden to them by either of the last protects from hostile legislation of three amendments to the constitution. the states the privileges and immuThe main purpose of these amend- nities of citizens of the United States as ments was the freedom of the African distinguished from those of citizens of race, the security and perpetuation of the states. The privileges and immathat freedom, and their protection from nities of citizens of the United States the oppressions of the white men who are those which arise out of the na ture of the general government, its constitution or the laws made in pursuance thereof; and these are placed by the Fourteenth Amendment under the protection of Congress; but the privileges and immunities of citizens of the states, with these exceptions, embrace generally those fundamental rights for the security and establishment of which society is instituted; and they remain under the care of the state governments: The Slaughter House Cases, 16 Wall. 36; Bradwell v. State of Illinois, 16 Id. 130. The Indian tribes within the limits of the United States, and the several members of such tribes, while they adhere to and form a part of the tribes to which they belong, are not, within the meaning of the Fourteenth Amendment, subject to the jurisdiction of the United States; and therefore such Indians have not become citizens of the United States, by virtue of that amendment: Rep. Sen. Jud. Com., by Mr. Senator Carpenter, Dec. 14, 1870; see 1 Dill. 348, note. The Indian tribes within the territory of the United States are independent political communities, and a child of a member thereof, though born within the limits of the United States, is not a citizen thereof, because not born subject to its jurisdiction: McKay v. Campbell, 2 Saw. 119. Citizenship of the state. - Semble, that one who has become a citizen of a state may elect to remain a citizen of that state, and yet actually change his residence to another state, without affecting his citizenship: Shar on v. Hill, 10 Saw. 666. Privileges and immunities of citizens. The right to vote is not one of those "privileges and immunities" which are protected by this article, but the right not to be excluded therefrom on account of race, color, or previous condition of servitude is. Congress has no power to give a remedy for interference with tho right of suffrage by a state, except in cases where such interference is on the ground of race, color, or previous condition of servitude: Minor v. Happersett, 21 Wall. 162; United States v. Cruikshank, 92 U. S. 542; McKay v. Campbell, 1 Saw. 374. The right to sell intoxicating liquors is not one of the privileges and immunities of citizenship which the states are forbidden to abridge: Bartemeyer v. Iowa, 18 Wall. 129; Foster v. Kansas, 112 U. S. 201. Nor July 28, 1868. is the right to practice law: Bradwell v. Illinois, 16 Wall. 130. What is due process of law. "Due process of law" as used in the constitution includes legal notice of the proceeding, and a prescribed opportunity to be heard upon the question involved therein: Pennoyer v. Neff, 95 U. S. 714; Burns v. Multnomah R. R. Co., 8 Saw. 543; The Santa Clara Tax Case, 9 Id. 165. One who is imprisoned for violation of a void ordinance of a municipal corporation of a state, is imprisoned by the state without due process of law: In re Lee Tong, 9 Saw. 333. But a person imprisoned under a valid law, although there is error in the proceeding resulting in the commitment, is not imprisoned without due process of law: In re Ah Lee, 6 Saw. 410. Equal protection of the laws. - Equality of protection, which this amendment to the constitution forbids the states to deny to any person, implies, not only equal accessibility to the courts for the prevention and redress of wrongs and the protection and enforcement of rights, but equal exemption with others similarly situated from all charges and burdens of every kind: In re Ah Fong, 3 Saw. 144; Ah Kow v. Nunan, 5 Id. 552; San Mateo County v. S. P. R. Co., 8 Id. 238; Santa Clara Railway Tax Case, 9, Id. 165. A state statute prohibiting all aliens incapable of becoming electors of the state from fishing in the waters of the state violates the Fourteenth Amendment to the constitution of the United States: In re Ah Chong, 6 Saw. 451. The Fourteenth Amendment, in declaring that no state shall deny to any person within its jurisdiction the equal protection of the laws, imposes a limitation upon the exercise of all the powers of the state which can touch the individual or his property, including among them that of taxation: San Mateo County v. S. P. R. Co., 8 Saw. 238; Santa Clara Railway Tax Case, 9 Id. 165. The inhibition upon the state applies to all the instrumentalities and agencies employed in its government, and in every department and branch thereof: Parrott's Case, 6 Saw. 349. Private corporations are persons within the meaning of the Fourteenth Amendment, and are entitled the same July 28, 1868. as natural persons to the equal protec- Prohibitory upon the states ment is not direct legislation upon the matters prohibited to the states, but corrective legislation to counteract and redress the effect of such prohibited state laws: The Civil Rights Cases, 109 U. S. 3. This amendment abrogates a constitutional provision of a state limiting the right of suffrage to the white race: Neal v. Delaware, 103 U. S. 370. March 30, 1870. ARTICLE XV. [Proposed by Congress February 27, 1869; declared ratified March 30, 1870.] SECTION 1. The right of citizens of the United States Right to vote. to vote shall not be denied or abridged by the United States, or by any state, on account of race, color, or previous condition of servitude. Power to enforce this article. SECTION 2. The Congress shall have power to enforce this article by appropriate legislation. How far right to vote is affected by this article. The several states, notwithstanding this amendment, have the power to deny the right of suffrage to any citizens of the United States on account of age, sex, place of birth, vocation, want of property or intelligence, neglect of civic duties, crime, or other cause not specified in said amendment: McKay v. Campbell, 1 Saw. 375; United States v. Antony, 5 Chic. L. N. 462. The power of Congress over the sub ject of the right to vote in the several states is conferred by the Fifteenth Amendment, and is confined to the enforcement of such amendment by preventing the states from discriminating between citizens of the United States in the matter of the right to vote on account of race, color, or previous condition of servitude: McKay v. Campbell, 1 Saw. 375; United States v. Antony, 5 Chic. L. N. 462; United States v. Cruikshank, 92 U. S. 542. NATURALIZATION OF ALIENS. LAWS OF THE UNITED STATES IN RELATION § 1. Any free white person may be naturalized. How to proceed. § 2. Naturalization of persons who have served in the armies of the United States. § 3. Naturalization of persons who have served in merchant vessels of the United States. § 4. Naturalization of persons on attaining age of majority. § 5. Naturalization laws extended to persons of African descent. § 6. Five years' residence necessary in all cases. § 7. Alien enemies not to be admitted to citizenship. § 8. Children of naturalized citizens are citizens. § 9. Widow and children of aliens who have not completed naturalization to be admitted; on what conditions. § 10. Children born abroad, whose fathers were citizens, are citizens. 11. Wives of citizens are citizens; in what cases. $12. Special provision for persons born in Oregon. § 1. [Rev. St., § 2165.] An alien, being a free white April 14, 1802. person, may be admitted to become a citizen of the Any free white United States, or any of them, on the following condi- naturalized. tions, and not otherwise: person may be First. He shall declare on oath or affirmation, before May 26, 1824. a Circuit or District Court of the United States, or a Procedure. District or Supreme Court of a territory, or a court of record of any of the states having common-law jurisdiction and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty; and particularly, by name, |