Coke says, "The Preamble of a Statute is a good means to find out the meaning of the Statute, and as it were, a key to the understanding thereof."
Blackstone lays it down as a fundamental principle, that we "must argue from generals down to particulars." Here is good legal authority. I have cited men whose opinions are accepted. We have thus argued down from the generals of the Declaration and Constitution to the particulars which appertain to each individual alike, and what is the result? Freedom for all; equal rights. We have read the Preamble of the Constitution, and quoted authorities to show in what light it must be read in reference to its following provisions. By its Preamble, the Constitution is shown to make no distinction in favor of sex. From secret debates of the convention which framed it, we find the motives and the arguments of its framers.
The great foundation and key stone alike of our Republican ideas, of our Constitution, is individual, personal representation, and it is the greatest blessing to the country at large that the question of representation has come up in the person of Miss Anthony. Men are compelled to think upon underlying principles. They are compelled to ask themselves where they get either natural or constitutional right to govern women.
From the earliest ages men have queried among themselves as to where lay the governing power. In the time of Abraham, and even now in some parts of the world the Patriarch of the tribe is looked upon as its supreme ruler. Members of Scottish clans to-day, look with more reverence upon their chief, than upon the Queen: they obey his behests sooner than parliamentary laws. Other men have believed the governing power lay in the hands of a select few, an aristocracy, and that these few men could by right make laws to govern the rest. Others again have believed this power vested in a single man called King, or Czar, or Pope, but it was left to our country, and our age, to promulgate the idea that the governing power lay in the people themselves. It took men a great many thousand years to discover this pregnant fact, and although our government laid down at the very first, certain underlying truths, it has taken a very long time even for this country to see, and practice these principles; but as men have opened their eyes to liberty there have been constant advances towards securing its full blessings to each and every individual, and in this progress we had first, the Declaration; second, the Articles of Confederation; third, the Constitution; then the ten Conciliatory Amendments, quickly followed by an eleventh and twelfth, each one of these designed to more fully secure liberty to the people, and making fifteen successive steps in the short period of twenty-eight years.
At the time of framing this government women existed as well as men, women are part of the people; the people created the government. Now, when speaking to you to-night, I am speaking to the people of this part of Ontario County, I am not speaking to men alone, I am not speaking to women alone, but to you all as people. When people frame a government the rights not delegated by them to the government, are retained by them, as is declared by the tenth amendment. Now where do men get their constitutional right to govern women? Women have either delegated their right of self-government to certain delegates, by them to be elected according to all the forms of this government, or they have not so delegated their rights of self-government, but have retained them. In either case, according to the genius of our government, what is there to prevent them from exercising these rights any moment they choose, unless it is force? What prevents them unless it is unjust illegal power? The ninth amendment declares that the enumeration of certain rights, shall not be construed to deny, or disparage others retained by the people. Remember what are the foundation principles of just government, principles fully acted upon by the old revolutionists; remember that no government of whatever kind or character can possibly create the right of self-government, but only recognize rights as existent; remember the non-use of a right does not destroy that right.
I have a natural right to as much fresh air as I can breathe; if you shut me in a close room with door and windows barred, that does not invalidate my right to breathe pure, fresh air. I have a natural right to obey the dictates of my own conscience, and to worship God as I choose. If you are physically stronger than I am, or if you are legally stronger than I am and use your strength to prevent the exercise of these natural rights, you by no means destroy them. Though I do not use these rights, I still possess them. The framers of this government, the men and the women who voted at that early day had never until then, exercised their natural rights of self-government; when they chose, they took them up.
But people tell us it was not the intention to include women. What then was the intention? Did the framers of the Declaration intend to leave women under the government of Great Britain? Did they intend to set themselves and their male compeers free, and leave women behind, under a monarchy? Were not women intended to be included in the benefits of the constitution?
Oh, but says some one, they were intended to be generally included, but the amendments had nothing to do with them.
Let us look at this. Is it possible to amend a Constitution not in accordance with its underlying principles? It can be repealed, abolished, destroyed, but not amended; except in accordance with its original character. The Supreme Court of the United States has declared that the powers of the Constitution are granted by the people, and are to be exercised strictly on them, and for their benefit.
Story asks, "Who are the parties to this great contract?" and answers the question by saying, "The people of the United States are the parties to the Constitution."