Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-11
They Cannot Vote I'm this District, BE.
cause the Organic Act Creating
the New Government Ne
stricts Suffrage 60 Males.

members of the bar and others, it having been
generally understood that a number of important
opinions would be delivered by the Court
Among those present were Mrs. Sara Spencer
and q lady friend The cours was opened at IL y
O'Clock. Chief Justice Cartier delivered the
opinion OF the Court in the cases of Spencer
against VI artin, and Webster against the Super
intendents of Election, (generally known a. the
woman suffrage cases, sustaining the demurrer:
Opinion Of Chief Justice Cartier.
Sara Spencer The Board Of ReGistrdtiOH-
Sarah T.. Webster The SuperiRtendeRts Of Elec-
tiOR. These cases, involving the same questions,
are presented together.
As shown by the plaintiffs brief, the plaintiffs
claim the elective franchise under the first sec
ton of the 14th amendment OF the Constitution.
The fourth paragraph of the regulations OF the
Governor and judges of this District made regis
uatiOn a condition precedent TO the right of
voting at the election of April -, 1871.
The plaintiffs being otherwise qualified, offered
to register, and were refused. They then ten
dered their ballots at the polls, with evidence
of qualification and offer to register, &c, when
their ballotswer rejected, under the It'll section
OF the act providing government for the Dis
trict of Columbia.
Spencer brings her suit for this refusal of
registration, and Webster for the rejection of
her vote under the I'd and Sd sections OF the act
OF May 81, 1870.
The 7th section of the organic act above re-
ferred to, limits the right to vote to ''du male
citizens" but it is contcnded that in the pres
ence OF the 18th amendment this word male is
without effect, and the act authorizes 'all citi-
zens" to exercise the elective franchise.
The question involved in the two actions which
have been argued, and, which, for the purposes
OF judgment, may be regarded as one, is, whether
the plaintiffs have right to exercise within this
jurisdiction the elective franchise. The letter
OF the law controlling this subject is to be found
IN the 9TH section OF the act of February 81, 1871,
entitled, "An act to provide a government for
the District of Columbia" as follows:
And be 1t further enacted, That all male citi-
zens of the United States above the age of Il
years, who shall have been actual residents OF
said District tor three months PRIOR TO the pas
sage OF this act, except such as are non eompos
memts, and persons convicted of infamous
CRIMES shall be entitled to vote at the said cleo
ton, in the election district, or precinct, in
which he shall then reside, and shall have 80 re-
sided Tor thirty days Immediately preceding said
election, and shall be eligible to any Office within
the said District; and for all subsequent cleo
tons, twelve months prior residence shall be re-
quired to constitute a vote; hut the Legislative
Asse m6iy shall have no right to abridge or limit
the right of suffrage"
1t will be seen by the terms of this act that
females are not included within its privileges.
On the contrary, by implication they are ex-
cluded. We do not understand that il is even
insisted in argument that authority for the ex-
eTcise OF the franchise is to be derived from the
law. The position taken is, that the plaintiffs
nave right to vote, independent OF the law;
even in defiance of the terms of the law. The
claim, as We understand il, is that they have an
inherent right, resting in nature. and guaranteed
by the Constitution in such wise that ii NAV not
be defeated by legislation. In virtue of this
natural and constitutional right, the plaintiffs
ask the court to override the law, and give effect
to rights lying behind it and rising superior to
The Court has listened patiently, and with in
terest to ingenious argument in support of the
claim, but fail to be convinced OF the correct
ness of the position, whether on authority or in
reason. In all periods, and in all countries, il
may be safely assumed that no privilege has
been held to be more exclusively within the con-
troll OF conventional power than the privilege of
voting, each State in turn regulating the subject
by the sovereign political win. The nearest APP
proach to the natural right TO vote, or govern,
the two words In this connection signifyIng the
same thing, lie to be found in those countries and
governments that assert the hereditary right TO
rule; The assumption of Divine right would be
afull vindcation of the natural right cortended
for here, provided ID did not involve the heredi-
tary obligation to obey.
Again, in other states, embracing the re-
states which make up the United states. this
right has been made TO rest upon the authority
OF political power, defining who may be an
elector and what shall constitute ais qualifica-
cation. most states in the past period declaring
property as the faxailiar basis of right to vote:
others n diligence; others, and more numerous
sextend,ng the right to all male persons who
have attained the age Of majorfy.
while the conditions of the right have varied
in several states, and from tine TO time modified
IN the same state, the right has uniformly rested
upon the express authority of the political power
and made to revolve within the limitations eli
express law.
Passing from this brief sliusion to the political
history OF the question to the consideration of
It's inherent merits, we do not hesitate to believe
that the legal vindicatiOn of the natural right of
all citizens to vote, would at this stage OF pepu-
lar intelligence, involve the destruction Of civil
government. There Is nothing i'm the histery of
the past that teaches us otherwise. There is
little in current history that promises better
result The right Of all men 10 vote is es fully
recognized i'm the population OF our large CEN
tiers and cities as can well be done, short of an
absolute declaration that all men shall vote
irrespective Of qualifications. The result in
and sic
lence verging upon anarchy. The influences
working out this result are apparent in
the utter neglect Of all agencies to con-
Oh government, and the appropriation of all
agencies calculated to demoralize and debase
,he integrity OF the elector. Institutions of
learning, calculated TO bring Ren up 10 their
high state of political citizenship, and indis-
pensabe to the qualifications OF the mind and
morals Oh the responsible voter, are pos, poned
10 the agency OF the dram-shoo and gambling
nell; ana men OF conscience and capacity are
discarded, to the promotion of yagabonds IN
power. This condition demonstrates that the
right TO vote ought not to be, and is not an all
soiute natural right. The fact that the prarti-
cal working of the assumed right would be de-
strnetve OF civilization is decisive that the ri ght
does not exist.
Has IT become constitutional right under the
PROVISIONS OF the lith and 18th amendments of
the Constitution? which provide;
Fourteenth Amendment-@Sec. I, All ner-
sons Dor or naturalized in the United States and
subject TO the jurisdiction thereof are citizens
vi inc nlteQ states, and of the State wherein
they reside. No State shall make or enforce
any law which shall abrdge the privileges or
lmmunities Of citizens OF the United States.n
Fifteenth Amendment-"Sec. l. The right of
citizens OF the United States to vote shall not be
denied or abridged by the United States or by
any State on account of race, color or previous
condition of sery itude.
g Sec. 2. The Congress shall have power To
enforce this article by appropriate legislation
1t Will he seen by the first clause of the 18th
amendment that the plaintiffs, len common with
All other persons born in the United States are
citizens thereof and ii to make them citizens is
10 make them voters, the plaintiffs may of right
vote. IL will be inferred from what has already
been said that to make a person q citizen is not
10 make hlm or her voter. All that has been
accomplished by this amendment to the Con-
stitution, or by its previous provisions is TO dis
tnguish them from aliens, and make them ca
pable of becoming voters.
In giving expression to my own Judgment this
Clause Goes advance them to full citizenship,
and clothes them with the capacity to become
voters. The provision ends with the declaration
OF their citizenship. 1t Is a constitutional pro-
vision that does not execute itself. 1t is the
creation OF q constitutional condition that re-
quires the snperyenti0n Of legislative power in
the exercise of legislative discretion 20 give IN
eject. The constitutional capability of becom-
ing voter created by this amendment, lies dor
mant, as in the case Of an infant until made
enectiye by legislative action. Congress, the