Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-01-24
Judge Sharsir0Od on W'Omam's
lStxht to V'Ofe.


Rtyht to vote.
This distinguished jurist recently
rendered an opinion in the case Of
Burnham VS., Swozey, involving tho
question of female suffrage in the
State, Burnham was an election of
iccr in the eleventh district of Phla'
dclphia at the October election of 1871,
and denied Swezey "a woman) the
right TO vote. She went to law, aver
ring "that she was qualified in all re.
spects according to tho constitution
and laws Of this Commonwealth" We
condense some of the points of the de-
cision, which was against her;
After recognizing woman's rights
TO full governmental protection and
the enjoyment Of call tho privileges
which properly bo'ong to u citizen, F"
and denying that tho elective franchise
is one of them--that being exclusively
regulated by the constitution-and
denying that il is a violation of either
the llth or 10th amendment, her vote
not being denied con account of race,
color, or previous condition of servi.
tude," he comes to the consideration
whethor the word "freemen" in the
State constitution "was intended to
continue the right Of voting TO citizens
of the male Sex He says:
"This section, so far as tho matter
in hand is concerned, is in effect from
the constitution Of 1890, and that fol-.
lowed also the constitution of l776,--
In the latter, chapter III, section G, it
is provided; Every freeman of tho
full age of twenty.one years, having
resided In this State for the space of
ono whole year next before the day
Of election for Representatives, and
paid public taxes during that time,
shall enjoy the right of an elector, pro.
vided, always, that sons Of freoholders
of tho age of 'twonty.one years shall
be entitled to vote, although they have
not paid taxes. Tho constitution of
1900 had also similar proviso, show
ing clearly that by "freemcn" only
male was intended, For, surely, had
it not been so, the daughters, us well
as the cons of freehoders or qualified
electors, would have been included.
When the meaning of this word "free
men" is thus clearly ascertaincd from
the language of tho constitution of
l776 and 1890, there can be no doubt
that il ought to have the same mean.
ing in the amended constitution OF
1889, although the proviso is not OK.
pressed in the same furm-not being
confined to the sons of qualified cleo
tors between the ages Of twenty one
aud twenty two. There is one other
clause of the constitution in which the
word "frcemen" is used, and that Is
most unquestionably confined to males.
Article six of section two declares that
"the freemen of this Common wealth
shall be armed, organized and discip
lined for its defense when and in such
manner us may be directed by law"
II is clear that the constitution con.
templates that the same class of per.
sons who do the voting she'll also do
the lighting. The corresponding clause
in tho constitution Of l776 is still
clearer and more emphatic: "The free
men of this Commonwealth and their
sons shall be trained and armed for its
defense" Chapt. 2. sec o.
The uniform construction OF the pro.
vincial constitutions and charters in
which the same word is employed, as
well as under the constitutions since
the revolution, has been in accordance
with the doctrine that none but the
males have the right to vote. A co
tomporaneous exposition is the best
and most powerful in the law. In
the Commonwealth VS. North ct AL,
8 Hazards Rep. 226, the Supreme
Court Of this State decided, when the
charter Of church gave tho right
to vote to members generally, that the
fact that for twenty. fvo years the
females of the church had not voted,
was conclusive. Chief Justice Gibson
remarked "There is no safer exposi.
ton of what was intended by such an
instrument than usage" We can say
that we have in Pennsylvania uniform
and uninterrupted usage OF nearly two
hundred years, showing that women
were mover intended TO possess the
elective franchise. Such a usage ought
to settle the construction, even il the
words OF the constitution were more
general and comprehensive than we
have seen them TO be.