Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-01-26

rHE WOMEN suYYRAaH MEMoRIAL-Tho
Senate COMMITTEES on the judiciary In their rs-
StAn'On, Isabella Bsechsr Hooker, susan ii.
Anthony aud others, say Il was argued before
the committee BY the inemoriAllsts, who, by n
%f,es, Sero aini,,ed to public dIscussIoS Of
tho principles involved In tho memorial, that
the right 81 every citIsn, malls and female, To
ton Of the fourteenth amendment to the OOnsti.
tuition, which provides, "No State shall make or
enforce any Law which shall Rbrldgo the prinol.
pies o. immnniiiea o. eilIsns Of the United
Rned 10 NJ penalty upon the State for n Vlo-
latlOn Of the former provision.
But such construction is at war with all the
theories Df constitutional government. An un-
constitutional act Is void. 10 other words an
Unconstitutional act u no act Tho Legislature
Of State may attempt to pass = Law impairinE
ture cannot pass such an act, the attempt Is
void, and the obligation Of the contract Il not
impaired. II would, therefore, DO absurd TO
punish State Tor the vain, Intellectual attempt
10 impair the obligation u con rlct, thing Il
| could not do, and therefore had not done So, II
BY the nrst section q the fourteenth amend.
mont no STATE can make or enforce any law to
| deny the right Of suffrage 10 any portion Of is
male citizens over twenty one years Of age not
guilty Of crime, thou an attempt To do 90 would
sSrsT tSp p.S,S sa,s e, a SSng would
/ II could not do, and, therefore, had not done.
The remedy, under the Constitution, ay .lnst
any attempted but unconstitutional leglslAtiOn
Of state IL by application TO tho judicial courts
Of the Union, which have jurisdiction In all cases
arising under tho Constitute n and laws Of tho
Uhited States, aud supervisory control by writ
OF error over state courts In regard 10 causes IN
which either party asserts 4 right or privilege
| under the Consultation or laws Of the Union
which Is denied or overrulod by the state SQUIRT
Hut there u another reason equally conclusive
| AEainst tho construction contenled Tor. BY the
| fourteenth amendment Congress Is empOw cred
70 enforce all the provisions q that amendment
shalt attempt TO exclude from the right Of sui
fringe any person entitled under the fourteenth
amendment TO participate therein, II would DO
sl,empt by SpprSpylSts is8Isa,ioo u ~ saI 20
regard the second section OF this amendment as
imposing upon the State q penalty for denying
t6i, right includes the SSsardly Of inPIsl9s
what II 10 the duty Of Congress to prevent
Again, tho right OF female suffrage 10 inferen.
TALLY denied BY the second section Of the four.
teenth amendment, which provides that In case
State, In the exercise Of right conceded to ex.
let, shall exclude portion OF tho male inhAb.
llants specified, "the basis Of representation
therein shall be reduced In the proportion which
tho number Of such (eIeludei) naIs citizens
shall bear 10 the whole number Of male citizens
twenty one years OF age In such State" Tire
basis Is not 10 he reduced In the proportion
which the number OF The excluded male citizens
shall bear 10 the whole population Of the State,
male or female, bat only In the proportion
twenty years OF age in such Stgs. Il is eyi.
dent from this provision that females arc not re-
gArded as belonging 10 the voting population OF
4 State. The fifteenth amendment IL equally
decisive. II provides; 1.-THE right OF citizens Of
the United States 10 vote shall not be abridged
or denied by the United States, or by any State,
on account Of race, color or previous condition of
servitude."
This amendment would have been wholly IN.
necessary II the fourteenth amendment had SO
cured To all citizens the right to vote. Il must
DO regarded as recognizing the right OF every
STATE, under the Consultation as l. previously
stood, to deny or abrldSe this right Of oitlIsn 70
vote, on any account, 10 the pleasure OF such
Statei and by tho hfteenth amendment the
rights OF States In this respect are only 30 far
restricted that no Stste can base such exclusion
upon trace, color, or previous condition Of seFVl
tute," with this single exceptlon-rAee, color,
and previous condition Of seTvitude--the power
OF q State 70 make such exclusion 10 lelt IN
touched, and, Indeed, ls actually recognized by
the hneenth amendment aS existing.
The eomInittee say they have confined them
selves to the preeiao question Involved In the
memorial, namely, the present constitutional
right OF female citizens 10 vote, As 70 which the
committee nte unanimous, and have not eOnsid.
erred tho broader question whether the Congli-
tut lon ought TO be 20 amended ms TO permit f.
male suffrage, report upon which might de-
yslop dihetence Of opinion among the mLmboru
Of the committee.