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This case arose as follows: Judge Coles was indicted in one of the district courts of the United States for Virginia, charged with excluding jurors because they were colored men and ex-slaves. The matter was brought before the Supreme Court, to test the validity of the Act of Congress, which the judge was charged with violating. Id.

Exclusion of colored persons from grand jury.— Finding an indictment against a negro in a State court, by a grand jury from which colored men are excluded solely because of their race or color, denies him the equal protection of the laws, whether done by the action of the legislature, through the courts, or by the executive or administrative officers of the State. Carter v. Texas, 177 U. S., 442; Strauder v. West Virginia, 100 U. S., 303; Neal v. Delaware, 103 U. S., 370, 397; Gibson v. Miss., 162 U. S., 565; Virginia v. Rives, 100 U. S., 315; Ex parte Virginia, 100 U. S., 339.

ARTICLE XIV.

CITIZENSHIP AND CIVIL RIGHTS.

Section 1. "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.

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 twentyone years of age and citizens of the United States, or in any way abridged, except for participation 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 Representative 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.

Section 4. "The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for service 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.

Section 5. "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Citizenship-Indians when not citizens.-An Indian, born a member of one of the Indian tribes within the United States, which still exists and is recognized by the government as a tribe, and who has voluntarily separated himself from his tribe, and taken up his residence among the white citizens of a State, but who has not been naturalized or taxed or recognized as a citizen, either by the United States or by the State, is not a citizen of the United States, within the meaning of the 1st section of the Fourteenth Amendment. Elk v. Wilkins, 112 U. S., 94.

"All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the States wherein they reside." They may be citizens of the United States and not be citizens of any State. Slaughter-House Cases, 16

Wall., 36, 74. The same person may be at the same time a citizen of the United States and a citizen of a State; but his rights of citizenship under one of these governments will be different from those he has under the other. United States v. Cruikshank, 92 U. S., 542.

Does not confer female suffrage.-A provision in a State Constitution which confers the right of voting to "male citizens of the United States," does not violate the Federal Constitution. Minor v. Happersett, 21 Wall., 162. The amendment does not add to the privileges and immunities of citizens. It simply furnished an additional guaranty for the protection of such as they already had. At the time of the adoption of this amendment suffrage was not co-extensive with citizenship, nor were the terms co-extensive at the time of the adoption of the Constitution. Id., 92 U. S., 542.

NOTE.-Most of the decisions on the question of citizenship arise under the naturalization laws, and no attempt is here made to collate them.

DECISIONS RELATING TO THE 14TH AMENDMENT.

I. Operative against States, not individuals. The 14th Amendment is prohibitory upon the States only, and the legislation authorized to be adopted by Congress is not direct legislation on the matters respecting which the States are prohibited from making or enforcing certain laws, or doing certain acts, but is corrective legislation, such as may be necessary or proper for counteracting or redressing such laws.

The 1st and 2d sections of the Civil Rights Act, passed March 1st, 1875 (18 Stats. at L., 335), which undertakes to declare all persons within the jurisdiction of the United States entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, public conveyances on land or water, theaters and other places of public amusement, subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of previous condition or servitude, and punish the denial of such enjoyment by fine or imprisonment, held unconstitutional; as such power to deal with individuals directly for refusing or denying such privileges and enjoyments was not conferred on Congress by the amendment. The 14th Amendment protects the civil rights of the people of the class affected from State aggression. Civil Rights Cases, 109 U. S., 3.

II. Discrimination by State laws against colored citi

zens.

The 14th Amendment was one of a series of constitutional provisions having a common purpose; namely, to secure to a recently emancipated race all of the civil rights the superior race enjoyed, and to give it the protection of the general government in the enjoyment of such rights, whenever they should be denied by the States.

A statute of West Virginia, which, in effect, singles

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