Corfield v. Coryell case brief summary
6 F. Cas. 546 (1823)
6 F. Cas. 546 (1823)
Facts: A dispute arose as to whether New Jersey could prohibit out-of-state persons from gathering clams and oysters from the state’s waters.
Holding:
The court held that this right was not protected by the Privileges and Immunities Clause.
Analysis:
Washington, J. The Privileges and Immunities Clause guarantees to each person only those rights that are essential to citizenship. These rights include the right to habeas corpus, the right to dispose of property, the right not to be charged higher taxes than in-state residents, and so forth. The Clause, however, cannot be supposed to grant to out-of-state persons every right incident to being the resident of a particular state.
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Holding:
The court held that this right was not protected by the Privileges and Immunities Clause.
Analysis:
Washington, J. The Privileges and Immunities Clause guarantees to each person only those rights that are essential to citizenship. These rights include the right to habeas corpus, the right to dispose of property, the right not to be charged higher taxes than in-state residents, and so forth. The Clause, however, cannot be supposed to grant to out-of-state persons every right incident to being the resident of a particular state.
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