Dear Sir: You will confer a favor upon the friends of woman suffrage in Indiana, if you will send me, in writing, your opinion, as a lawyer, in answer to the following question, giving your reasons therefor: Can the legislature of this State empower women to vote for presidential electors?
Mary F. Thomas, President I. W. S. A.
Richmond, Ind., December 30, 1880.
Lafayette, Ind., January 5, 1881.
Dr. Mary F. Thomas, President of Indiana Woman Suffrage Association, Richmond, Indiana:
Dear Madam: In your favor of the 30th ult., you ask my opinion upon, to me, a novel and most interesting question, viz.: "Can the legislature empower women to vote for presidential electors?" After the most careful consideration which I have been able to give to the subject, consistent with other duties, and with the aid of such books as I have at command, I answer your question in the affirmative. The grounds of my opinion I will proceed to state: Section 1, article 2, of the Constitution of the United States, which provides that the president and vice-president shall be chosen by electors appointed by the several States, declares in the following words how said electors shall be appointed:
Each State shall appoint in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which said State may be entitled in the congress, etc., etc.
Now, in the absence of any provision in the State constitution, limiting or attempting to limit the discretion of the legislature as to the manner in which the presidential electors shall be chosen, there can be no doubt but that the legislature could empower female, as well as male, citizens to participate in the choice of presidential electors.
Section 2, article 2 of our State constitution is as follows: In all elections, not otherwise provided for by this constitution, every white male citizen of the United States, of the age of twenty-one years, and upwards, who shall have resided in the State during the six months immediately preceding such election * * * * shall be entitled to vote in the township or precinct where he may reside.
Two questions at once suggest themselves upon the reading of this section: First—Does the section apply to elections of presidential electors, and thus become a limitation upon the discretion of the legislature in case it shall direct the appointment of the electors by a popular vote? Second—If so, can a State constitution thus limit the discretion which the Constitution of the United States directs shall be exercised by the legislature? I shall consider the last question first.