the State in which it is to be exercised." At that time the States had
entire control of the subject, and could abridge this privilege of the
citizen at its pleasure; but the judge recognizes the "elective
franchise" as among the "privileges and immunities" secured, to a
qualified extent, to the citizens of every State by the provisions of
the constitution last referred to. When, therefore, the States were, by
the fourteenth amendment, absolutely prohibited from abridging the
privileges of the citizen, either by enforcing existing laws, or by the
making of new laws, the right of every "citizen" to the full exercise of
this privilege, as against State action, was absolutely secured.

Chancellor Kent and Judge Story both refer to the opinion of Mr. Justice
Washington, above quoted, with approbation.

The Supreme Court of Kentucky, in the case of _Amy, a woman of color,
vs. Smith (1 Littell's Rep. 326)_, discussed with great ability the
questions as to what constituted citizenship, and what were the
"privileges and immunities of citizens" which were secured by Sec. 2,
Art. 4, of the constitution, and they showed, by an unanswerable
argument, that the term "citizens," as there used, was confined to those
who were entitled to the enjoyment of the elective franchise, and that
that was among the highest of the "privileges and immunities" secured
to the citizen by that section. The court say that, "to be a citizen it
is necessary that he should be entitled to the enjoyment of these
privileges and immunities, upon the same terms upon which they are
conferred upon other citizens; and unless he is so entitled, _he cannot,
in the proper sense of the term, be a citizen_."

In the case of _Scott vs. Sanford (19 How. 404)_, Chief Justice Taney
says: "The words 'people of the United States,' and 'citizens,' are