Rufus Wheeler Peckham

“ Has not a citizen of a state, under the provisions of the federal constitution above mentioned, a right to contract outside of the state for insurance on his property,-a right of which state legislation cannot deprive him? ”

“ The act done within the limits of the state, under the circumstances of this case and for the purpose therein mentioned, we hold a proper act,-one which the defendants were at liberty to perform, and which the state legislature had no right to prevent, at least with reference to the federal constitution. To deprive the citizen of such a right as herein described without due process of law is illegal. Such a statute as this in question is not due process of law, because it prohibits an act which under the federal constitution the defendants had a right to perform. ”

“ It was formulated as such under the phrase 'pursuit of happiness' in the Declaration of Independence, which commenced with the fundamental proposition that 'all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.' This right is a large ingredient in the civil liberty of the citizen.' Again, on page 764, 111 U.S., and on page 658, 4 Sup. ”

“ Crescent City Live-Stock Landing Co., 111 U.S. 746, at page 762, 4 Sup. Ct. 657, in the course of his concurring opinion in that case, that 'the right to follow any of the common occupations of life is an inalienable right. ”