Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-11-15

OF becoming a voter created by this amend |
ment lies dormant, as in the case of an infant, !
until made effective by Legislative action.
Congress, the Legislative power of jurisdiction,
has not yet seen fit to carry the inchOate right
into effect, as is apparent In the law regulat-
ing the franchise of this District. When
that shall have been done it will be the
pleasure of this Court to administer the law
as they find it. Until this shall be done the
considerations of fitness and unftness, merit
and demerit, are considerations for the law
making power. The demurrer in these cases
is sustained.
Justice Wylie, one of the judges, in a
brief opinion. said
In my view, Congress has been clothed with
exclusive legislation to this District, and
1t could have organized government here
which would have excluded all of Us from
voting, and indeed that was talked Of. 1t
might have placed us under commission
appointed by the President. Then more of
US would have the privilege Of voting. No
person can doubt the competency Of Congress
TO rule US in that way. Ii that power ex-
lists IN Congress, Congress has the power to
say who shall vote. It might have said none
but women should vote in the district of
Columbia, and we would have to submit TO
it; but do not know but that would have
been the better way.
Mr., Riddle, for the petitioners, prayed an
appeal. 1t is understood the plaintiffs Will
take il up to the Supreme Court Of the United
States, believing that, while the District
Court may hesitate to say the act Of Congress
limiting the right of franchise in the District
Of Columbia to male citizens is unconstitu-
tional, the Supreme Court Of the land viii
have no such hesitancy.
7 We have not space to exmainc, as we
should be glad to, the opinion of Chief Justice
Cartier 1t is obvious however, that his
reasoning respecting what may be called the
natural right of all persons to vote is falla-
cious. That some men abuse the right Of
voting does not show that it is not, after all,
natural right ChiefJustjce Cartier would
probably admit that all persons have a
natural right to lie and liberty. Yet many
men abuse this right, and TO such an extent
thai the public good requires that they should
be deprived Of the enjoyment Of it. Parents
have a natural right TO the government and
guardianship Of children, aud it does not
follow because some parents abuse this right
that there is no such thing naturally as par
entail authority. There Is no form of gov
eminent that Is not liable 10 It's abuses, and
that;is not abused, bat it does not therefore
follow that society has not a natural right t.
organize for itself some form Of government.
And when it comes to the organization OF
that government what natural right or other
right have the males in that society u ex-
clude the females from any participation in
framing or administering the government?
Whether women have a Iega' right u vote
in the District Of Columbia. is quite another
question The argument, based on the 18th
amendment is this
The Supreme Court Of the Jntcd States,
in case decided some years ago. mentioned
voting as one Of the privileges ami imnuui-
ties of citizenship. 1t is conceded TIA,
women are citizens Of the United States and
Of the States in which they reside Il fol-
lows logically that neither Congress nor tho
Legislatures can deprive women Of this Con-
~ututianal r. ghc OF privilege . votiu.
The only difficulty 10 chi. view "a the case
is in detcrmiuin. what the supreme Court
actually decided. In fact the court never
has decided that citizenship clrricI with il
the RI .ht t. vote What shat court VIII Ie-
eide when this cause reaches them is. there
fore, only a matter Of conjecture and IS,
confess @e DO not expect favorable decision
Indeed. We DO not see how citizenship carries
with Unnecessarily any right to vote. Minor.
arc citizens, but No one Supp,-es shat they