Bushrod Washington Quotes


We cannot accede to the proposition ... that the citizens of the several states are permitted to participate in all the rights which belong exclusively to the citizens of any other particular state.


Context

The issue was could a person from another state come into New Jersey and dredge oysters with the same rights and privileges as a citizen of New Jersey? Washington said, no.


Citations

Bushrod Washington, 1762–1829, Supreme Court Judge, Nephew of President George Washington, Corfield v. Coryell, 1823

Sourced by: Eigen's Political and Historical Quotations

Related Quotes

Various elements of the 14th amendment were being debated. Language referred to “citizens” but many of the abolitionists and reconstructionists were concerned that the slavery forces in the Southern states would not provide protections to the Negro and the grounds that the were not citizens. As long as the states could define who was and was not a citizen, any of the equal protection clauses of the proposed 14TH Amendment could be evaded. Senator Howard then proposed this language which was accepted and became part of the Amendment. In modern times this particular clause was more relevant to the debate about immigration than to civil rights but originally the clause was included to make sure that Blacks would be citizens.


He had been a Congressman before assuming the Presidency. Civil rights was a major subject of debate after the Civil War. One major issue was that of citizenship itself. Many contended that Americans were citizens of a state and dependant on the state for the protection of civil rights. However, the extent to which the Federal government could and should be the guarantor of citizenship issues was in dispute. Today with the issue settled in favor of Federal preeminence, it is hard to realize that this was very unsettled at one point in history. Garfield was one of those leading the effort for more Federal involvement and control.


At the time most of the members of Congress were worried about the “General Government”—their term for the Federal Government---than they were, the state governments from which they had come and were in their minds represented. If would be almost a century before it was generally accepted that the States themselves must follow the Constitution and its amendments. Madison was way ahead of his time, and saw that rights must be protected from all levels of government.


The 14th Amendment made the Black slaves and their families all citizens as most people know, but it had two other important aspects. It prohibited the individual states from deciding who who was and was not a citizen of the country and the state. In addition, it guaranteed that anyone born in the United States was a citizen regardless of the status of his parents—citizens or not, illegal immigrants or legal.


The Federal Fugitive Slave Act required all in free states to assist owners of escaped slaves to return them to their owners. In 1854 a Missouri slave owner tracked his escaped slave to Wisconsin and the Federal officials incarcerated the slave pending his return. A Wisconsin mob broke the slave out of jail and helped him escape to Canada. Sherman M. Booth, Publisher & Editor of the Wisconsin Free Soil Democrat was convicted under the Fugitive Slave Act for aiding the escape. Smith’s opinion overturned the Fugitive Slave Act on the grounds that it had usurped state’s rights. The Supreme Court overturned Smith’s ruling, but Booth was pardoned. See {587927} & {587928}.


Bushrod Washington
Bushrod Washington
  • Born: June 5, 1762
  • Died: November 26, 1829
  • Nationality:
  • Profession:

Bushrod Washington was an attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Chief Justice John Marshall.