The new Northwest. [volume] (Portland, Or.) 1871-1887, 1872-02-09
The Intention.

1t is claimed that the Fourteenth
Amendment cannot fairly and justly be
interpreted in favor of Woman Suffrage
because Congress, that framed, and the
people of the States, that ratified that
Amendment to the Constitution, did not
intend to affect the political status of
woman any way, and it should be in
terpreted according to the intention of
the people. While the ablest iurists of
the world tell us that the letter of the
law Is supposed TO reflect the intention
of its trainers, rs they would not say one
thing and mean another, ana that the
letter is only a recognized expression of
the will and purpose of the Lawmakers,
still we do not press this reasonable
view now, but pass it, to call attention
to the fact that the Supreme Court of
the District of Columbia has decided
that the Fourteenth Amendment does
affect the political status of woman, and
| this removes the objection of Congress
sional intention! When the States rati-
I fled the Amendment so that il became
part of the Constitution, no matter
what the people thought of woman, nor
whether they intended to affect her or
not, the Supreme Court of the District
decides that women are affected by il.
/ Not that Suffrage is conferred on wom-
Ell, but that they are "d1UdHced to full
citizenship and clothed Uih the cdDdcifg
| to become rOte1s.n
The exact language of Judge Carter,
who spoke for the Court, is as follows:-
"All that has been accomplished by
/ this Amendment to the CONSTITUTION, OF
| its previous provisions, is to distinguish
them lwOmen) from aliens, and make
I them capable of becoming voters. In
| giving expression to my Judgment, this
clause does ddCmice them to full citizen
ship, and clothes them with the capacity
to become voters"
/ Admitting that so much has been ac-
cOmplished for woman, by this Amend
ment, it goes beyond the intention of its
Trainers, because it is claimed by the
opponents of Woman Suffrage, that
/ Congress and the States did not intend
/ to touch woman at all. But the judges
decide that the Amendment does affect
woman to some extent. And If IL ad-
vances her to full citizenship, and clothes
| her with the capacity to become voter,
as this Supreme Court decides, when
this was not originally intended, as Is
claimed. may il not be rs larry inter-
nratpd In favor of her enfranchisement,
even thouph such was not the intention
/ of Con0ress When the Court decides
that women arc affected by TINS Amend
ment, though such was not Ihc OliS iii'li M
/ intention, the entire objection based on
;nfe,nfio,t is swept to oblivion. 1t van
ishes i'm a moment.
Neither judges nor jurors are expected
/ TO search into the motives and Inten-
tions of the members of Congress who
| framed the Amendment, and then into
the intentions of the people of the States
that ratified il. 1t cannot be done. The
Supreme Court evidently did not go
back of the letter of the law. It did not
consider the objection of intention for
moment. 1t had no weight with the
Court. IL was not discussed, not even
referred to. Whatever was the inten-
tion Of the trainers of the Amendment,
the judges decide that it did affect the
women Of our country. 1t advanced
them to full citizenship, and clothed
them with the capacity to become vo-
tiers, whether such was the intention or
not. JYOBidn'S Journal.