Q: What are the rights framed by Corfield v. Coryell (1823)?
Articulates privileges and immunities which are fundamental (referring to Art IV, -2) & belong, of right, to citizens of all free govts. These rights are generally: (1) Protection by the government; (2) Enjoyment of life and liberty; (3) the right to acquire property and to pursue happiness and safety; and (4) the right to pass through; or to reside in any other state and to enjoy equanimity with other citizens of the state before the law. This latter right is controlling in this case.
The 14th Amend was intended to incorporate the Civil Rights Act of 1866. CRA was supposed to secure Fed citizenship. The 14th Amend was adopted in the event that the southern states rejoined the union.
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A: Dan Goodman's Answer
The rights (privileges and immunities) which Justice Washington opined in Corfield v. Coryell, before the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, were fundamental rights belonging to a citizen of any particular State.
However, after the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, these fundamental rights now belong to a citizen of the several States, under Article IV, Section 2, Clause 1:
“Privileges and immunities of a citizen of the several States are those described in Corfield v. Coryell, 4 Wash. Cir. Ct. 371, 380.” Hodges v. United States: 203 U.S. 1, at 15 (1906).
“In speaking of the meaning of the phrase ‘privileges and immunities of citizens of the several States,’ under section second, article fourth, of the Constitution, it was said by the present Chief Justice, in Cole v. Cunningham, 133 U.S. 107, that the intention was ‘to confer on the citizens of the several States a general citizenship, and to communicate all the privileges and immunities which the citizens of the same State would be entitled to under the like circumstances, and this includes the right to institute actions.’ ” Maxwell v. Dow: 176 U.S. 581, at 592 (1900).
” . . . [W]hat are the privileges and immunities of citizens [of (Slaughterhouse Cases) ] the several States? . . . They may, however, be all comprehended under the following general heads: protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.” Corfield v. Coryell: 4 Wash. Cir. Ct. 371, 380 (1825).
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