The Stanley, Ryan, Nichols, and Singleton cases were submitted together by the solicitor general at the last term of court, on the 7th day of November, 1882. There were no appearances and no briefs filed for the defendants.
The Robinson case was submitted on the briefs at the last term, on the 29th day of March, 1883.
_Mr. Solicitor General Phillips_ for the United States.
After considering some objections in the forms of proceedings in the different cases, the counsel reviewed the following decisions of the court upon the Thirteenth and Fourteenth Amendments to the Constitution and on points cognate thereto, viz.: _The Slaughter-House Cases_, 16 Wall. 36; _Bradwell ~v.~ The State_, 16 Wall. 130; _Bartmeyer ~v.~ Iowa_, 18 Wall. 129; _Minor ~v.~ Happersett_, 21 Wall. 162; _Walker_ v. _Sauvinet_, 92 U. S. 90; _United States ~v.~ Reese_, 92 U. S. 214; _Kennard ~v.~ Louisiana_, 92 U. S. 480; _United States ~v.~ Cruikshank_, 92 U. S. 542; _Munn ~v.~ Illinois_, 94 U. S. 113; _Chicago B. & C. R. R. Co. ~v.~ Iowa_, 94 U. S. 155; _Blyew ~v.~ United States_, 13 Wall. 581; _Railroad Co. ~v.~ Brown_, 17 Wall. 445; _Hall ~v.~ DeCuir_, 95 U. S. 485; _Strauder ~v.~ West Virginia_, 100 U. S. 303; _Ex parte Virginia_, 100 U. S. 339; _Missouri ~v.~ Lewis_, 101 U. S. 22; _Neal ~v.~ Delaware_, 103 U. S. 370.
1. The Thirteenth Amendment forbids all sorts of involuntary personal servitude except penal, as to all sorts of men, the word servitude taking some color from the historical fact that the United States were then engaged in dealing with African slavery, as well as from the signification of the Fourteenth and Fifteenth Amendments, which must be construed as _advancing_ constitutional rights previously existing.
2. The Fourteenth Amendment expresses prohibitions (and consequently implies corresponding positive immunities), _limiting State action only_, including in such action, however, action by all State agencies executive, legislative and judicial, of whatever degree.
3. The Fourteenth Amendment warrants legislation by Congress punishing violations of the immunities thereby secured when committed by agents of States in discharge of ministerial functions.
The right violated by Nichols, which is of the same class as that violated by Stanley and by Hamilton, is the right of locomotion, which Blackstone makes an element of personal liberty. Blackstone’s Commentaries, Book I, ch. 1.