The daily comet. [volume] (Baton Rouge, La.) 1850-1856, 1854-06-21
s. Reported for the Comet.
An Important Decision.

/
| Should Women haze the rtgha
Of Su6s1age.-Appeal from Jas
tice's Court End Municipality.
I This is rule to show cause why
mandamus should not issue to the judg-
es detection Precinct, Ward 2, COM
manding them to permit woman to
vote. The plaintiffs nate themselves
morally and legally entitled to choice
in the election Of State Representa-
tives. The defendant severed in their
answer. but all pleaded the general
issue and prescription.
Ist, Plaintiffs claim that women has in
all ages manifested the highest devel-
opement of moral and intellectual
power; that her influences extend to
the amelioration of the human race !;
and that in proportion as we advance
in enlightened views Of polit cal gov
eminent, in the same ratio does she
enjoy greater privilege in society,
and approach more nearly her right
Of free suffrage.
End, That in reviewing the history
of the world, from the days of Eve
down to the present time, we find ex-
amples of illustrious females, who
have adorned the age in which they
lived, and for authority cites Herodi-
tus, Plutarchus, and Polybuis.
Sd, They claim by the declaration
of independence, THAT we hold these
truths as self evident: that all men
are created equal" that they are en-
dowed by their creator, with certain in-
alienable rights, and among these are
life, liberty, and the pursuit of happi-
ness; and to secure these ri gMs, gov
ernments are instituted among men.
deriving their just powers from the
consent of the governed; that whenev-
er any form Of government becomes
destructive Of these ends, it is the
right of the people to alter or abolish
it, and to institute new government,
laying its foundation on such prin-
ciples, and organizing its powers jim
such form, as 10 them seem most, like
ly to effect their safety and happiness.
4th, They claim in their petition a
right to vote by the Constitution and
laws Of the State Of Louisiana. They
contend the article in the Constitution
empowering all male white persons
over the age Of twenty one to vote,
does not preclude women any more
than giving this court jurisdiction in
a case, implies an exclusive right to
try all causes, or that allowing the
right of way down Laurel Street, to
all male white persons, necessarily i'm
plies denial Of the right of such priv
ilege to women. They further con-
tend that the civil :code in its title of
explanations, says: The. word man
or men includes women; the word I
SOD or sons includes daughters; the
word he, his and such like are applica-
BILE to males and females" These are
the grounds upon which they found
their action.
The defendants plead general de-
NAL and prescription Of 5000 years.
they claim plaintiffs are forever barred
from any right of action according to
The laws Of Louisiana. Therefore
pray the suit be dismissed at plaintiffs
cost.
Hi, Chief Justice-delivered the
opinion ofthe Court:
We are clearly of the opinion that
he Judge Of. the lower Court erred in
allowing the plea Of prescription by
defendant, which seems to have been
he only defence set up by them
And from the evidence on the face of
he records, we believe it to be her
nalienable right to have voice in the
election of al representatives to all
'ffices Of honor and trust within the
,ifl Of the people.
Be it therefore ordered, adjudged,
md decreed, that'the judgement be re-
'ersed, and that writ Of mandamus
'e issued to the judges Of the election
Precinct End Ward, commanding
hem to permit all women within the
of this Court, ranging
rom Laurel to North street, and from
lafayette to Felicity street to vote,
md be it further ordered. adjudged.
nd decreed that the Sheriff paw the