CHAPTER XXIII.
THE NEW DEPARTURE.
UNDER THE FOURTEENTH AMENDMENT.
Francis Minor's Resolutions—Hearing before Congressional Committee—Descriptions by Mrs. Fannie Howland and Grace Greenwood—Washington Convention, 1870—Rev. Samuel J. May—Senator Carpenter—Professor Sprague, of Cornell University—Notes of Mrs. Hooker—May Anniversary in New York—The Fifth Avenue Conference—Second Decade Celebration—Washington, 1871—Victoria Woodhull's Memorial—Judiciary Committee—Majority and Minority Reports—George W. Julian and A. A. Sargent in the House—May Anniversary, 1871—Washington in 1872—Senate Judiciary Committee—Benjamin F. Butler—The Sherman-Dahlgren Protest—Women in Grant and Wilson Campaign.
Although with Charles Sumner many believed that under the original Constitution women were citizens and therefore voters in our Republic, much more bold and invincible were their claims when the XIV. Amendment added new barriers to the already strong bulwarks of the Supreme Law of the land.
The significance of these amendments in reference to women was first seen by Francis Minor, of Missouri, a member of the legal profession in St. Louis. He called attention to the view of the question, afterward adopted by many leading lawyers of the American bar, that women were enfranchised by the letter and spirit of the XIV. Amendment. On this interpretation the officers of the National Association began soon after to base their speeches, resolutions, and hearings before Congress, and to make divers attempts to vote in different parts of the country.
At a woman suffrage convention in St. Louis, October, 1869, the following suggestive resolutions were presented by Francis Minor, Esq., enclosed in the accompanying letter to The Revolution:
St. Louis, Oct. 14, 1869.
Dear Revolution:—I wish to say a few words about the action of the Woman's Suffrage Convention just held here. It is everywhere spoken of as a complete success, both in point of numbers and the orderly decorum with which its proceedings were conducted. But I desire to call special attention to the resolutions adopted. When I framed them, I looked beyond the action of this Convention. These resolutions place the cause of equal rights far in advance of any position heretofore taken. Now, for the first time, the views and purposes of our organization assume a fixed purpose and definite end. We no longer beat the air—no longer assume merely the attitude of petitioners. We claim a right, based upon citizenship. These resolutions will stand the test of legal criticism—and I write now to ask, if a case can not be made at your coming election. If this were done, in no other way could our cause be more widely, and at the same time definitely brought before the public. Every newspaper in the land would tell the story, every fireside would hear the news. The question would be thoroughly discussed by thousands, who now give it no thought—and by the time it reached the court of final resort, the popular verdict would be in accord with the judgment that is sure to be rendered. If these resolutions are right, let the question be settled by individual determination. A case could not be made here for a year to come, but you could make one in New York at the coming election.
Francis Minor.
Respectfully,
THE ST. LOUIS RESOLUTIONS.
Whereas, In the adjustment of the question of suffrage now before the people of this country for settlement, it is of the highest importance that the organic law of the land should be so framed and construed as to work injustice to none, but secure as far as possible perfect political equality among all classes of citizens; and,
Whereas, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside; be it
Resolved, 1. That the immunities and privileges of American citizenship, however defined, are National in character and paramount to all State authority.
2. That while the Constitution of the United States leaves the qualification of electors to the several States, it nowhere gives them the right to deprive any citizen of the elective franchise which is possessed by any other citizen—to regulate, not including the right to prohibit the franchise.
3. That, as the Constitution of the United States expressly declares that no State shall make or enforce any laws that shall abridge the privileges or immunities of citizens of the United States, those provisions of the several State Constitutions that exclude women from the franchise on account of sex, are violative alike of the spirit and letter of the Federal Constitution.
4. That, as the subject of naturalization is expressly withheld from the States, and as the States clearly would have no right to deprive of the franchise naturalized citizens, among whom women are expressly included, still more clearly have they no right to deprive native-born women citizens of this right.
5. That justice and equity can only be attained by having the same laws for men and women alike.
6. That having full faith and confidence in the truth and justice of these principles, we will never cease to urge the claims of women to a participation in the affairs of government equal with men.
Extracts from the Constitution of the United States, upon which the resolutions are based:
Preamble, We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I. Sec. 2. 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.
Sec. 4. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, alter such regulations, except as to the places of choosing Senators.—[See Elliot's Debates, vol. 3, p. 366—remarks of Mr. Madison—Story's Commentaries, Secs. 623, 626, 578].
Sec. 8. The Congress shall have power to establish a uniform mode of naturalization—to make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.
Sec. 9. No bill of attainder, or ex post facto law shall be passed.
No title of nobility shall be granted by the United States.
No State shall pass any bill of attainder, ex post facto law—or law impairing the obligations of contracts, or grant any title of nobility.—(See Cummings vs. the State of Missouri. Wallace Rep. 278, and Exparte Garland, same volume).
Article IV. Sec. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. (The elective franchise is one of the privileges secured by this section—See Corfield vs. Coryell, 4 Washington Circuit Court Reps. 380—cited and approved in Dunham vs. Lamphere, 3 Gray—Mass. Rep. 276—and Bennett vs. Boggs, Baldwin Rep., p. 72, Circuit Court U. S.)
Sec. 4. The United States shall guarantee to every State in this Union a republican form of government. (How can that form of government be republican, when one-half the people are forever deprived of all participation in its affairs).
Article VI. This Constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any States to the contrary notwithstanding.
XIV. Amendment. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
THE ST. LOUIS RESOLUTIONS.
Whereas, In the adjustment of the question of suffrage now before the people of this country for settlement, it is of the highest importance that the organic law of the land should be so framed and construed as to work injustice to none, but secure as far as possible perfect political equality among all classes of citizens; and,
Whereas, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside; be it
Resolved, 1. That the immunities and privileges of American citizenship, however defined, are National in character and paramount to all State authority.
2. That while the Constitution of the United States leaves the qualification of electors to the several States, it nowhere gives them the right to deprive any citizen of the elective franchise which is possessed by any other citizen—to regulate, not including the right to prohibit the franchise.
3. That, as the Constitution of the United States expressly declares that no State shall make or enforce any laws that shall abridge the privileges or immunities of citizens of the United States, those provisions of the several State Constitutions that exclude women from the franchise on account of sex, are violative alike of the spirit and letter of the Federal Constitution.
4. That, as the subject of naturalization is expressly withheld from the States, and as the States clearly would have no right to deprive of the franchise naturalized citizens, among whom women are expressly included, still more clearly have they no right to deprive native-born women citizens of this right.
5. That justice and equity can only be attained by having the same laws for men and women alike.
6. That having full faith and confidence in the truth and justice of these principles, we will never cease to urge the claims of women to a participation in the affairs of government equal with men.
Preamble, We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I. Sec. 2. 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.
Sec. 4. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, alter such regulations, except as to the places of choosing Senators.—[See Elliot's Debates, vol. 3, p. 366—remarks of Mr. Madison—Story's Commentaries, Secs. 623, 626, 578].
Sec. 8. The Congress shall have power to establish a uniform mode of naturalization—to make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.
Sec. 9. No bill of attainder, or ex post facto law shall be passed.
No title of nobility shall be granted by the United States.
No State shall pass any bill of attainder, ex post facto law—or law impairing the obligations of contracts, or grant any title of nobility.—(See Cummings vs. the State of Missouri. Wallace Rep. 278, and Exparte Garland, same volume).
Article IV. Sec. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. (The elective franchise is one of the privileges secured by this section—See Corfield vs. Coryell, 4 Washington Circuit Court Reps. 380—cited and approved in Dunham vs. Lamphere, 3 Gray—Mass. Rep. 276—and Bennett vs. Boggs, Baldwin Rep., p. 72, Circuit Court U. S.)
Sec. 4. The United States shall guarantee to every State in this Union a republican form of government. (How can that form of government be republican, when one-half the people are forever deprived of all participation in its affairs).
Article VI. This Constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any States to the contrary notwithstanding.
XIV. Amendment. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.