Women were formerly permitted to vote in places where they are now debarred therefrom.
The Naturalization Laws of the United States expressly provide for the naturalization of women.
But the right to vote has only lately been distinctly declared by the Constitution to be inalienable, under three distinct conditions—in all of which woman is distinctly embraced.
The citizen who is taxed should also have a voice in the subject matter of taxation. “No taxation without representation” is a right which was fundamentally established at the very birth of our country’s independence; and by what ethics does any free government impose taxes on women without giving them a voice upon the subject or a participation in the public declaration as to how and by whom these taxes shall be applied for common public use?
Women are free to own and to control property, separate and apart from males, and they are held responsible in their own proper persons, in every particular, as well as men, in and out of court.
Women have the same inalienable right to life, liberty and the pursuit of happiness that men have. Why have they not this right politically, as well as men?
Women constitute a majority of the people of this country—they hold vast portions of the nation’s wealth and pay a proportionate share of the taxes. They are intrusted with the most holy duties and the most vital responsibilities of society; they bear, rear and educate men; they train and mould their characters; they inspire the noblest impulses in men; they often hold the accumulated fortunes of a man’s life for the safety of the family and as guardians of the infants, and yet they are debarred from uttering any opinion, by public vote, as to the management by public servants of these interests; they are the secret counsellors, the best advisers, the most devoted aids in the most trying periods of men’s lives, and yet men shrink from trusting them in the common questions of ordinary politics. Men trust women in the market, in the shop, on the highway and the railroad, and in all other public places and assemblies, but when they propose to carry a slip of paper with a name upon it to the polls, they fear them. Nevertheless, as citizens women have the right to vote; they are part and parcel of that great element in which the sovereign power of the land had birth: and it is by usurpation only that men debar them from their right to vote. The American nation, in its march onward and upward, cannot publicly choke the intellectual and political activity of half its citizens by narrow statutes. The will of the entire people is the true basis of republican government, and a free expression of that will by the public vote of all citizens, without distinctions of race, color, occupation or sex, is the only means by which that will can be ascertained. As the world has advanced in civilization and culture; as mind has risen in its dominion over matter; as the principle of justice and moral right has gained sway, and merely physically organized power has yielded thereto; as the might of right has supplanted the right of might, so have the rights of women become more fully recognized, and that recognition is the result of the development of the minds of men, which through the ages she has polished, and thereby heightened the lustre of civilization.
It was reserved for our great country to recognize by constitutional enactment that political equality of all citizens which religion, affection, and common sense should have long since accorded; it was reserved for America to sweep away the mist of prejudice and ignorance, and that chivalric condescension of a darker age, for in the language of Holy Writ, “The night is far spent, the day is at hand, let us therefore cast off the work of darkness, and let us put on the armor of light. Let us walk honestly as in the day.”
It may be argued against the proposition that there still remains upon the statute books of some States the word “male” to an exclusion, but as the Constitution in its paramount character can only be read by the light of the established principle, ita lex Scripta est; and as the subject of sex is not mentioned and the Constitution is not limited either in terms or by necessary implication in the general rights of citizens to vote, this right cannot be limited on account of anything in the spirit of inferior or previous enactments upon a subject which is not mentioned in the supreme law. A different construction would destroy a vested right in a portion of the citizens, and this no legislature has a right to do without compensation, and nothing can compensate a citizen for the loss of his or her suffrage—its value is equal to the value of life. Neither can it be presumed that women are to be kept from the polls as a mere police regulation: it is to be hoped, at least, that police regulations in their case need not be very active. The effect of the amendments to the Constitution must be to annul the power over this subject in the States whether past, present or future, which is contrary to the amendments. The amendments would even arrest the action of the Supreme Court in cases pending before it prior to their adoption, and operate as an absolute prohibition to the exercise of any other jurisdiction than merely to dismiss the suit.
3 Dall., 382; 6 Wheaton, 405; 9 Id., 868; 3d Circ., Pa., 1832.