The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-01-30
WOMAN'S SUFFRAGE.
THE PETITION FOR Il DECLARaTORY
ACT.
Adverse Report Of tho Senate Judiciary
Committee.

their report against the memorial of Elizabeth
Cady Stanton, Isabella Beecher Hooker, Susan
B. Anthony and others, say 1t was argued be-
fore the committee by the memorlallst', who,
by departure from The usual practice Of the
committee, were admitted 10 public discus
sion of the principles Involved In the memorial,
that the right OF every citizen, male and fe-
male, 10 vote, was secured by that clause oi
first section of fourteenth amendment to the
constitution, which provides: "No State shall
make or enforce any law which shall abrldge
the privileges or immunities of citizens of the
United states," and that the second section
was designed TO fix penalty upon the Stale
for violation of the former provision. But
such.a construction is at war with all the
theories OF constitutional government.
An unconstitutional act Is void. In other
words, an unconstitutional act Is no act. The
Legislature Of State may attempt to pass a
law impairing the obligations Of contracts,
but, as the Legislature cannot pass such an
act, the attempt is void, and the obligation of
the contract Is not impaired. 1t would,
therefore, be absurd to punish State for the
vain, Intellectual attempt to impair the obll.
cation OF O contract-a thing 1t could not
do, ana, therefore, had not done. So,
If by the first section Of the fourteenth
amendment, no State can make or en-
force any law TO deny. the right Of suf.
over twenty-one years of age not gully OF
crime, then an attempt to do go would be
merely void, wholly imperative, and 1t
would be absurd to punish such State for Co
ing what 1t could not do, and, therefore, had
not done. The remedy under the constitution
against any attempted but unconstitutional
legislation of State Is by application 10 the
judicial courts OF the Union, which have jll-
rIsdiction In all cases arising ander the con-
stitution and laws OF the United States, aud a
supervisory contract by writ OF error over
State Courts In regard to causes In which
either party asserts right or franchise under
the constitution or laws of the Union, whl,h
Is denied or oVerruled by the State Court.
But there Is another reason equally couclu-
slve against the construction contended for.
By the fourteenth amendment Congress is
empowered to enforce all the provisions Of that
amendment by appropriate legislation. There
fore, If State should attempt to exclude from
the right of suffrage any person entitled un.
der the fourteenth amendment to participate
therein, it would be the undoubted duly oil
Congress to defeat such attempt BY appropri.
ate leglslaton. So that to regard the second
section of this amendment as imposing upon
the State penalty for deny ing this right, In.
cludes the aosurdty of imposing such penalty
for an attempt of the State to do what 1t Is the
duty Of Congress to prevent.
Again, the right of female suffrage Is Infer.
entially denied by the second secLion Of the
fourteenth amendment, which provides that
in case Stale In the exercise Of right con.
ceded to exist shall exclude portion of the
male inhabitants specified, "the basis Of rep.
resentation therein shall be reduced in the
proportion which the number of such lex
cluded) male citizens shall bear to Lhe whole
number of male citizens twenty-one years OF
age In such State" The basis is not 10 be re-
duced in the proportion which the number oil
the excluded male citizens shall bear to the
whole population OF the State, male or female,
but only -praparlian which lhay- hear to tho
number of male citizens twenty.one years OF
age In such State. It is evident from this pro-
vision that females are not regarded as be-
longing to the voting population OF q State.
The fifteenth amendment is equally decisive.
It provides: 1.-THE light of citizens Of the Uni
ted States to vote shell not be abridged or de-
MED By the United States, or by any State, on
account of race, color, or previous condition
of servltude."
This amendment would have been wholly
unnecessary If The fourteenth amendment had
secured to all citizens the right 10 vote. II
must be regarded as recognizing the right OF
every State, under the constitution as 1t pre-
VlOnS!y stOOQ, 10 QeDy ol aorluSe tue IiSnL VI
citizen to vote on any account In the plea
amendment the rights OF States in this re-
pect are only so far restricted that no State
can base such exclusion upon trace, color, or
previous condition of servitude." With this
single exeeplion-race, color, or previous
condition Of servtude-the power of, State
10 make exclusion Is LETT untouched, and, In
deed, is actually recognized by the fifteenth
amendment as existing.
The committee say they have confined
themselves to the precise question involved IN
the memorial, namely: the present consttl-
tional right Of female citizens to vote, as to
which the committee are unanimous, and
have not considered the broader question
whether the constitution ought to be so
amended as to permit female suffrage, re-
port upon which might develop difference
of opinion among the members of the CON-
mittee.