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8 Hague vs. Committee for Industrial Organization, nowhere defined it. Many thought state citizenship, and that only, created United States citizenship! After the adoption of the Thirteenth Amendment a bill, which became the first Civil Rights Act,“ was introduced in the 39th Congress, the major purpose of which was to secure to the recently freed negroes all the civil rights secured to white men. This act declared that all persons born in the United States, and not sub. ject te any foreign power, excluding Indians not taxed, were cit- izens of the United States and should have the same rights in every state to make and enforee contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to enjoy the full and equal bene- fit of all jaws and proceedings for the seeurity of persons and property to the same extent as white citizens, None other than citizens of the United States were within the provisions of the Act. It previded that ‘'any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or catse to be sub- jected, any inhabitant of any State to the deprivation of any right secured or proteeted by thig act’’ should be guilty of a misdenicanor, It also conferred on district courts jurisdiction of civil actions by persona deprived of rights secured to them by its terms, By resson of doubts as to the power to enact the legislation, and because the policy thereby evidenced might be reversed by a sub- sequent Congress, there was introduced at the same session an additional amendment to the Constitution which became the Four- teenth. The first. sentence of the Amendment settled the old controversy as to citizenship by providing that ‘All persons born or naty- ralized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.’’ Thenceforward citizenship of the United States became primary and citizenship of a state secondary.'* The first section of the Amendment further provides: ‘‘No State shail make or enforce any jaw which shall abridge the privileges or immunities of citizens of the United States ;”’ Lo 12 See Scott v. Sandford, 19 low. 393. 1a Act of April 9, 1866, ¢. 31, 14 Stat. 27. 14 Selective Draft Cases, 245 U. 5. 366, 389, Hague va. Committee for Industrial Organization. 9 The second Civil Rights Act was passed by the 4ist Congress. Tte purpose was to enforee the provisions of the Fourteenth Amendment, pursuant to the authority granted Congress by the fifth section of the amendment. By Section 18 it reenacted the . Civil Rights Act of 1866. A third Civil Rights Act, adopted April 20, 1871,}* provided “That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any state, shall subject, or cause ‘to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the state to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper preceeding for re- dress; . . .’’ This with changes of the arrangement of clauses which were not intended to alter the scope of the provision became R. S. 1979, now Title 8, § 43 of the United States Code, As has been said, prior to the adoption of the Fourteenth Amend- ment, there had been no constitutional definition of citizenship of the United States, or of the rights, privileges, and immunities secured ierefrom The phrase ‘privileges and im. munities’? was used in Article FV, Section 2 of the Constitution, which decrees that ‘‘The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.’’ At one time it was thought that this segtion recognized a group of rights whieh, according to the jurisprudence of the day, were classed as ‘‘natural rights’; end that the purpose of the section was to create rights of citizens of the United States by guarantee- ing the citizens of every State the recognition of thia group of rights by every other State. Such was the view of Justice Wash- ington.17 . While this description of the civil rights of the citizens of the States has been quoted with approval,’® it has come to be the settled view that Article IV, Section 2, doea not import that a citi- eee ee 15 May 31, 1870, 16 Btat, 140. The act waa amended by an Act of Febraary 28, 1871, 16 Btat, 433, 1617 Stat, 13, § 1. 11 Corfield v. Coryell, 4 Was. ©. C. 371, & Fed. Cas, No. 3230. _ ; ll v. Dow, 176 0. 8, 1% The Staughter- House Cases, 16 Wall. 36, 76; Marxwe ' 581, 588, 591; Canadian Northern Ry. Co, v. Eggen, 262 U. &. 653, 560.