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The Green Bag.

the provisions of the constitution quoted against invasion. The obligation of a con above. The case was taken to the United tract is the law which binds the parties to perform the agreement." States supreme court, where, after consider We have thus far considered the question ing the relations of the State of Georgia to the United States during the rebellion, the of the constitutional rights of policy-holders court held that " when the note was executed, in New York insurance companies from the standpoint of the provisions of the State and until the constitution of 1868 was adopt ed, the courts of the State had unquestion constitution, but a little investigation will able jurisdiction to entertain a suit brought show that the statute under consideration is in conflict with the Federal Constitution, the to enforce its collection, and if that jurisdiction ceased it was by reason of the provision Fourteenth amendment of which provides of the constitution of the State, here under that " All persons born or naturalized in the consideration," and that the " proviso which United States, and subject to the jurisdic seeks to work this result is, so far as all tion thereof, are citizens of the United States pre-existing contracts are concerned, itself a and of the State wherein they reside. No nullity." In reaching this conclusion the State shall make or enforce any law which court followed the rule laid down in the case shall abridge the privileges or immunities of of Van Hoffman v. The City of Quincy (4 citizens of the United States; nor shall any Wallace, 552), where it was said that "the State deprive any person of life, liberty or laws which subsist at the time and place of property, without due process of law, nor making the contract, and where it is to be deny to any person within its jurisdiction performed, enter into and form a part of it, the equal protection of the laws." What are the privileges of citizens of the United as if they were expressly referred to or in corporated in its term. . . Nothing can be States, which the Constitution declares shall more material to the obligation than the not be abridged by any of the States? "Al means of enforcement." The law of this though the precise meaning of ' privileges and immunities ' is not very conclusively State, at least from the adoption of the con settled as yet," says Judge Cooley in his stitution of 1846, has been that " all corpor ations shall have the right to sue and shall be work on "Constitutional Limitations" (p. subject to be sued in all courts in like cases 490, 6th ed. ), "it appears to be conceded as natural persons," and that the supreme that the Constitution secures in each State court should have " general jurisdiction in to the citizens of all other States the right law and equity." This paramount law of the to remove to and carry on business therein; State has entered into and formed a part of the right by the usual modes to acquire and hold property, and to protect and defend every contract executed in this State be tween individuals and corporations, and the the same in the law; the right to the usual legislature cannot step in and provide a new remedies for the collection of debts and the enforcement of other personal rights; and remedy which does not preserve to the indi vidual all of the rights which he had under the right to be exempt, in property and the provisions of the constitution at the time person, from taxes or burdens which the the contract was made. To concede such a property, or persons, of citizens of the same State are not subject to." power would be to give the legislature author ity to override and annul the constitution. In the Civil Rights Cases (109 U. S., "The ideas of validity and remedy," say the 3), Mr. Justice Bradley says: "The long existence of African slavery in this coun court in the White case {supra) "are insep arable, and both are parts of the obligation try gave us very distinct notions of what which is guaranteed by the constitution it was, and what were its necessary inci