Now, then, this vote that was taken, in accordance with the order of 1868, laid the foundation stone for the introduction of women into this body. That sent the question of lay delegation down to be voted on by the laity of the Church. If the women were not to be recognized as laity here, why allow them to vote on the question of the laity at all? And, having allowed them to vote on the question of the laity, settling the very foundation principle itself, with what consistency can we disallow them a place in this General Conference, when by their votes they opened the way for the laymen coming into this General Conference? Do you not remember that we had a vote previously, and the men only voted, and that the lay delegation scheme was defeated, and the Methodist, that was published in this city, being the organ of the lay delegationists, said that “votes ought to be weighed, not counted”? And then the question was sent back to be voted upon by both the men and the women? And let the laymen of this General Conference remember that they are in this body to-day by reason of the votes of the women of the Methodist Episcopal Church. In 1880 we went still further. We went into the work of construing pronouns. There had been women in the Quarterly Conferences previously to that date; but there was a mist in the air with regard to their legality there. The General Conference by its action did not propose to admit women to the Quarterly Conferences. It simply proposed to clear away the mist and recognize their legal right to sit in the Quarterly Conference. Being in the Quarterly Conference, and in the District Conference, they have the right to vote on every question that comes before such bodies. They vote to license ministers, to recommend ministers to Annual Conferences, to recommend local preachers for deacons' and elders' orders. They vote on sending delegates to our Lay Electoral Conferences, and they vote in elections for delegates to Lay Electoral Conferences, and they vote in elections for delegates from Lay Electoral Conferences to this General Conference. And there are men on this floor to-day that would not be in this at all if they had not received the support of women in Lay Electoral Conferences. Now, brethren, let it be remembered that the votes of the women to send delegates to the Lay Electoral Conferences were never challenged until they came here asking for seats. They were good enough to elect laymen to this body, but not good enough to take seats with laymen in this body. With what consistency can laymen accept seats by the votes of the women and then deprive women of their seats? I am surprised at some of the “subtle insinuations” of the Episcopacy concerning constitutional law. Allow me to say at this point that, having introduced into the Quarterly Conference these women, and having given them a right to vote there, and in the District Conferences, and in the Lay Electoral Conferences, in all honesty we must do one of two things, if we would be consistent, we must go back and take up that old foundation of lay delegation that we laid in 1868, or we must go forward and allow these women to have their seats. In a word, we must either lay again the “foundation of repentance from dead work, or go forward to perfection.” And I am not in favor of going back.
If it is true that the body of the Constitution is outside of the Restrictive Rules, and cannot be changed except in the way prescribed for altering the Restrictive Rules, then I say that this General Conference has again and again been both lawless and revolutionary. Every paragraph of the chapter, known as the Constitution, beginning with §63, and closing with §69, was put into that Constitution without any voice from an Annual Conference of this foot-stool. Not one single one of them was ever submitted to an Annual Conference; §20, ¶183, stood for many years in the Constitution of the Church, but was transferred bodily from that Constitution by the General Conference to the position it now occupies. You come and tell us to-day that we cannot change the Constitution outside of the Restrictive Rules without going down to the Annual Conferences; it is too late in the day to say that. We have made too much history on that point. The present plan of lay delegation was not submitted to the Annual Conferences. Bishop Simpson definitely stated when he reported to the General Conference the result of the vote ordered in 1868 that the question simply of the introduction of the laity into the General Conference was presented to be voted upon by the laity and by the Annual Conferences, but the “plan” was not submitted to either to be voted upon, and the “plan” for lay delegation by which these lay brethren occupy their seats here this morning was made in every jot and tittle by the General Conference without any reference to the Annual Conferences at all.
I want to know, then, by what propriety we come here in this General Conference to say that there can be no change of Part I. of the Constitution outside of the Restrictive Rules. The General Conference cannot alter our articles of faith, it cannot abolish our Episcopacy; it cannot deprive our members of a right to trial and appeal. These come under the Restrictive Rules, and cannot be touched by this body without the consent of the Annual Conferences; but all else has been from beginning, and is now in the hands of the General Conference. Let it be remembered that this General Conference is a unique body. It is at once a legislative and a judicial body; in the former capacity it makes law; in the latter capacity it has the power to construe law.
It is at once a Congress, if you please, to enact law, and a supreme court to interpret law. Now, then, in admitting women to our General Conference, we are simply construing the Constitution, and not changing the Constitution. The Supreme Court of the United States gives decisions on the construing of the Constitution, and who ever heard of a decision of the Supreme Court being sent down to be ratified by the State Legislatures? The Supreme Court of the United States construes the Constitution, without any reference to the State Legislatures, and so we construe law without any reference to the Annual Conferences. If we touch the law inside of the Restrictive Rules, we must go down to the Annual Conferences. Outside we are free to legislate as we may.
What is the Constitution for? The Constitution is designed simply to limit the powers of the Legislature. In my own State of Ohio, for illustration, we have an article in our Constitution that forbids our Legislature to license the liquor traffic, but our legislators give a license under the guise of taxing, but they cannot give us a license law in form. The Constitution prevents it. There are States that have Constitutions that have no word to say about the liquor traffic at all, while they may either tax, license, or prohibit.
This is a fact that is well settled, that the Constitution is a limitation of legislative power, and where there is no such limitation there is no restriction.
ADDRESS OF REV. DR. ALFRED WHEELER.
Mr. President, it will be well for us, so far as we have progressed in this discussion, to see how near and how far we agree. It is admitted by the friends of the report, or by the committee, that this is a question of law, and to be decided exclusively upon principles of law. So far as those who are opposed to the report have spoken, they conceive, as I understand it, that the position taken by the committee is taken by those who are advocating its adoption. Then we are agreed that it is not a matter of sentiment, it is not a matter of chivalry. There is no place for knighthood, or any of its laws, or any other of the principles that dominated the contests of the knights of old. If it were a matter of knighthood there is not a man on this floor that would deem it necessary to bring a lance into this body. All would be peace and quiet.
There are none that would hail with more joy and gladness the women of the Church to a seat in this body than those of us who now, under the circumstances, oppose their coming in.