Page:Federal Reporter, 1st Series, Volume 1.djvu/516

 608 FBDEEAL BEPOETEE. �modern times at least, the treaty-making power lias been accustomed to determine the terms and conditions upon which the subjects of the parties to the treaty shall reside in the respective countries, and the treaty-making power is conferred by the constitution in unlimited terms. Besides, the author- ities cited on the iirst point fuUy cover and determine this question. If the treaty-making power is authorized to deter- mine what foreigners shail be permitted to come into and reside within the country, and who shall be exchided, it must have the power generally to determine and prescribe upon what terms and conditions such as are admitted shall be permitted to remain. If it has authority to stipulate that aliens residing in a state may acquire and hold property, and on their death transmit it to alien heirs who do not reside in the state, against the provisions of the laws of the state, otherwise valid — and so the authorities already cited hold — then it certainly must be competent for the treaty-making power to stipulate that aliens residing in a state in pursuance of the treaty may labor in order that they may live and ac- quire property that may be so held, enjojed, and thus traus- mitted to alien heirs. The former must include the latter — the principal, the incidental power. See also Ilolde/i v. Joy, 17 Wall. 242-3; U. S.v. Whisky, 3 Otto, 196-8. �But the provisions in question are also in conflict with the fourteenth amendment of the national constitution, and with the statute passed to give effeet to its provisions. The four- teenth amendment, among other things, provides that "no state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of lif e, liberty, or prop- erty without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." �Section 1977 of the Eevised Statutes, passed to give effeet to this amendment, provides that "ail persons within the juris- diction of the United States shall have the same right in every state and territory to make and enforce contraets, to sue, be parties, give evidence, and to the full and equal benefit of ail laws and proceedings for the security of persons and property ��� �