MINOR vs. HAPPERSETT.
(Toledo Sunday Journal, April, 1875,)
We insert to-day a communication from a friend of equal rights, who highly condemns the interpretation of the Constitution by the Supreme Court—his opinion also being from a legal standpoint. There is no doubt but that although the mere letter of the Constitution may be adhered to, women not being specified as being people and not non-entities, the interpretation is clear behind the spirit of the Constitution. It is then the manifest duty of Congress, since the Supreme Court gives the conservative interpretation, to so amend the Constitution as to bring it up unmistakably to the design of the framers, which was representation for all the people.
The Great Usurpation.
President Woman's Suffrage Association, Toledo, Ohio:
Dear Madam: What a fraud is practiced by the administration of this government upon the provisions of the Constitution of the United States! As government is administered, the female portion of the public are defrauded of constitutional right, and made to become political slaves. Since the beginning, all the way down to the present day, woman has been debarred of all political privilege, though reckoned and accounted as one of the people, in matters of census and taxation. Her disabilities in this behalf were removed by the adoption of the National Constitution; but nullification of that Constitution and a high handed usurpation on the part of the States, have ever hindered the enjoyment of her constitutional rights. But so long as she is classed by the Constitution as one of the people—so long as the people are the owners, the proprietors of the government established by the Constitution—so long as it provides for self-government, popular sovereignty—so long must she be entitled to take part in administration, though prevented from doing so by fine and imprisonment.
I am awakened to this subject of woman suffrage by a decision of the Supreme Court of the United States, made at Washington this week. I have not seen the text of the opinion read by the Chief Justice, but I find this statement in the Court news of Monday last:
"No. 182.—Virginia L. Minor agt. Reese Happersett: in error to Supreme Court of Missouri.—The plaintiff in error instituted an action against Happersett, who was the judge of an election, for denying her the right to vote. She based her right to vote upon the ground that as a citizen of the United States she had that right under the Constitution. Mr. Chief Justice Waite delivered the opinion, holding, first, that women are and always have been citizens of the United States as well as men; second, the Constitution of the United States does not attach the right of voting to the right of citizenship; third, nor does the Constitution of any of the States make the right to vote coextensive with citizenship; fourth, consequently, women are not entitled to vote by virtue of the Constitution of the United States, when the State laws do not give the right. Affirmed."
The great usurpation is now affirmed, legalized, by the decree of the Judicial Department of this government! More than 20,000,000 of the people of this Nation have been declared without the pale of political rights secured to them by the Constitution of the fathers. This decision indorses the disfranchisement of every female in the land, so long endured by her. Her citizenship, which the National Constitution makes evidence of her copartnership, or tenancy in common, or proprietorship in the Government, is worthless—is only a name; and does not enable her to exercise the privileges and immunities of our system of self-government which that Constitution declares this government to be—a government by and for its citizens. Woman can not now exercise her constitutional right—she is only a cipher, important once in a decade, in numbering the people—she is only a political slave, a helpless Helot. Make ready, adorn your person, O woman, to celebrate the coming centennial of the Declaration of American Independence of the British throne! Mark! a woman sits upon that throne and wears the royal crown! But, glorious parchment is that old Declaration. That instrument marks an epoch in government and political philosophy. It certifies the rights of the human race. Its truths sounded in American ears on every fourth of July, for one hundred years, save one, have, nevertheless, failed in their realization, and, to-day, one half the population of this Nation can not exercise a political right. How happens this state of affairs?—not that the Constitution hinders woman and prevents her participation in matters of government, for it is abundant in its provisions in her behalf. Let me examine and try to ascertain the point of difficulty. I copy from the Constitution a provision which covers the entire question of woman's right of suffrage:
"The House of Representatives shall be composed of members chosen every second year, by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature."—[Art. 1. Sec. 2.]