The new Northwest. [volume] (Portland, Or.) 1871-1887, 1872-02-09
From the Philadelphia inquirer Of Dec. 6th.l
The Woman who Dared.


uoD4,RN roRrra--A LADY ATTORNEY
n co1-RT-sHE PLEADS EIoQUENGLY
roR HER RIGHT To vOTE-PHILA-
DFTPIIIA LAWYERS PUZZLED.
In the Court of Nisi Prus yesterday,
before Judge SharswoOd, the case Of
Miss Carrie II. Burnham VS.. I.unning
ct al, election officers for the Eleventh
Division of the Fourteenth Ward. came
up for arguments The action was for
damages in the sum Of $4,000, the plan
till alleging that the defendants had
violated the law in refusing TO accept her
vote at the last election. II had been
announced that Miss Burnham would
make her own argument, and this at
tracted large crowd in the Court room,
number of prominent lawyers being
present.
The lady was attircd i'm plain, dark
dress and wore lace collar, fastened by
a cornelian pin. She was very decided
in her manner of speaking, and pleaded
with all the dignity of AN old practi-
toner and the elOquence Of a woman.
Mr.. Hinckley opened the case for the
defendants. He argued that the word
freedman as used in the plaintiffs
declaration, was not to be used i'm the
sense represented by the claimant, but
only used, and that according to the in
tent of the Constitution of Pennsylva-
mia, to mean those holding full fellow
ship in Government affairs. lie cited
many legal cases to establish this prop
osition.
Miss Burnham, in her opening argu-
ment, claimed that suffrage, under the
| Constitution of the United States and
this State, was the right Of women, and
argued at some length TO show that the
term freeman, when accepted in its true
/ legal sense, included women as well rs
men. Her speech occupied about two
/ hours indelivery, and was well prepared.
| She said in the closing part of her ar
gument that taxation without represen-
tation was foreign to the spirit of the
times. It is wrong and the greatest in
justice to take from her hard earnings
for the support of the Government, and
deny her the privilege of representation
in that Government.
These defendants, by refusing me the
badge of suffrage, stamp me as an inte-
rior, when men beastly drunk were per-
mitted TO vote unchallcnged. l. this no
injury to me as an individual? This
was an injury done me, and through me
the entire community. But there is
another view of this matter, by which
this injury assumes a more material
form. In consequence of being deprived
of the ballot the highest institutions OF
learning are closed to women. She is de-
prived of the opportunities of develop
ment that man has, and then is told she
has not the natural intelligence that man
possesses.
Why, twelve years ago, young man
whom l prepared in Latin, Greek and
mathematics, he having no other teacher
in those branches, was received into the
State University of Wisconsin one year
in advance, yet this institution was
closed against me because / was a wom-
an. Had the ballot would have been
admitted to the benefits of the institu-
tiOn with my pupil. Again, by-depriv-
| ing woman of the ballot her wages are
deprecated. / need not cite your Honor
/ to the most unequal laws relating to
property and the guardianship of chill
dren so far as woman is concerned.
know ii is said she has n representa-
ton through men. | deny this as i'm
| possible. All such representation is
Misrepresentation. In this matter our
] Government is One-sided, as is all our
/ legislation. No wonder that the wisest
statesmen Of foreign nations regard this
! Government as an experiment. God is
Just, and we cannot long possess n re-
publican Government based upon the
consent of the governed and denying
One-half of the Government representa-
tion therein. Our whole Government
is House Of Lords to which all women
are subject. To complete this despotism
it is only necessary for one man to as
sumo the position of Dictator Our ma
ton must save itself by being true to
the principles upon which il is founded
1t is said that women do not want to
vote, and | confess with sadness that so
little have some women breathed the air
of freedom that they deem il masculine
and unwomanly to be recognized rs in
dividuals. Our Government needs
women; it is injured by being deprived
OF her intuuonal and inspiratiOnal pow
ers. IL Is like a large house without a
woman i'm il. ] know / weary YOU, Lut
the right Of suffrage is invaluable.
The question demands discussion, de-
Liberation and judgment before its de-
cisiOn. We do not ask for chiValry or
for llattery, but only for iustice-a Just
Interpretation of the laws OF the United
States and those of the State. The ques-
tion before the Court is the question of
individual representation-a question Of
the existence of this Government, for
which our land has been thrice drcnched
in blood. pray you, therefore, to make
this question of your own right. De
eide as you would wish Portia TO de-
eide were she sitting upon that bench
IN Judgment Of your own rights and
your own liberties as an individual
man.
The Judge ruled out the two versions
of the declaration which claimed that,
under the amendments of the Constitu-
ton, woman was entitled TO vote.
Mr.. Gilmore at this point submitted
the ease.
Mr.. Hinckley made the closing argu-
ment, claiming that the right of suffrage
WAS not altogether an Inherent right,
but necessarily limited by law. Under
the construction claimed by the plain
tih, boys under age would bc entitled TO
vote. The attorney created considerable
merriment by the argument that to vote
freeman must be armed and eduipped
or else pay militia tax. When had
women been armed and equipped >
Such thing was unheard of in our his
tory.
Judge Sharswood viii most likely
render decision at an early day.
Some unkind things have been said
about friendship between women. Mary
Clemmer Ames says of Alice Cary: II
want all who knew her to know what a
friend this woman pould Ia O., 18th.