The new Northwest. [volume] (Portland, Or.) 1871-1887, 1873-07-18
WOMAN SUFFRAGE AND THE
COURTS"

discourseth thusly:
We have heard of somebody saving that
Senator Carpenter and Ben. Butler, both law
vers Of considerable eminence, had expressed
the opinion that the amendments 10 the Con-
si:tution Of the United States confer the right
OF suffrage on women; but we have never seen
any such opinions 10y them, and shall not be
easily convinced that they have given SUCH
They are both understood TO look i:tvOribly
upon the proposition to extend TO women the
right 10 vote, and In this they have the concur
renee OF very considerable number OF promi-
nent men OF the country; but when we are told
that they, or any lawyer OF their class, have
given an opinion that woman suffrage Is al
ready the law OF the land, we demand the
papers"
Our heart is gladdened. Whenever
we can get mems bravery strengthened
into an investigating mood, we have
gained one grand achievement in their
political education. Our brother "de-
mands the papers" He shall have
them.
Turn with us to the printed records Of
the Forty-first Congress, Report No. Y
part ID, and learn that there, in the Minor.
ity Report of the Judiciary Committee oi
the House upon the "WOodhulI Memo
rial" prepared and presented by VIM.
Loughridge and Benjamin f. Butler, art
''the papers" you demand" You will
there find an exhaustive and conclusive
argument from the pen of one Of the
distinguished gentlemen you name, in
which authorities al mtiiHtum are cited,
all bearing upon the ease in point, the
whole proving as does clearly the able
argument Of Henry Selden, in the case of
Miss Anthony (another "lawyer of their
class,") that i'm their opinion "WOman
Suffrage is already a law of the land. Z"
From this argument we now proceed
to quote somewhat extensively and
shall delight to furnish it entire for the
private study and consideration of our
brother h he shall desire it. Say these
eminent Jurists:
''Hry this question by a consideration
Of the objects for which the COnsti-
thtion was established as set forth in
the preamble, to establish justice
Does it establish justice TO deprive
Of all representation or voice in the
Government one-half of its adult
citizens, and compel them to pay taxes
to and support a Government i'm which
they have no representation? is tax
alton without representation justice es-
tablished? TO insure domestic tran
guilty Does it insure domestic tran
guilty to give all the political power TO
one class of citizens and deprive an
other class of any participation in the
Government? No. The sure means of
tranquility is to give equal political
rights to ALL that all may stand equal
before the law TO provide for the
common defense Does it then provide
for the common defense to deny to one
half of the adult citizens of the Republic
the right to vote? 'rO secure the bless.
ings Of liberty to ourselves and our pos.
terity.' There can GeRO political liberty
to any citizen dc3)TiCcd of n rOice ia III,
Government. Tried by the express oh.
jects for which the Constitution was es
tablished, as declared by the peopl,
themselves, this denial of the won.
en- citizens Of the country of the right
and privilege of voting is in direct
cOntrayention of these objects, and
must, therefore, be contrary to the
spirit and letter of the entire instrument.
The construction which we claim for
the lst section of the Fourteenth
Amendment is in perfect accord with
those expressed objects, and even if there
were anything in the original text of
the Constitution at variance with the
true construction of that section the
Amendment must control. Yet we be-
lieve there is nothing in the original
text at variance with what we claim to
be the true construction of the Amend
ment 1t is too violent a con-
struction of an Amendment which pro-
hibits States from, or the United States
from, abridging the right of a citizen to
vote by reason Of race, color or previous
condition Of servitude, TO say that by
implication it conceded to the States
the power to deny that right for any
other reason. On that theory the States
could confine the right of suffrage to a
small minority and make the State
Goyernment aristocratic, OverthrOwing
their Republican form. The Fifteenth
article Of Amendment to the Constitu.
tion clearly recognizes the right to vote
as one of tie rights of a citizen of th,
United States. This is the language
The right of citizens of the Unite,
States to vote shall not be denied o.
abridged by the United States, or 10y
any State, on account Of race, color, O.
previous condition OF servitude.' Her
is stated, first, the existence of right
Second, its nature. Whose right is il
The right Of citizens Of the Unite,
States. What right j. it? The right {,
vote. And this right of citizens of tn
United States the States are forbidden
to abridge. Can there be NOR
direct recognition of a rightF Can
right be abridged which does not crist
The denial Of the power to abridge tia
right recognizes the existence of til,
right. 1t is said that this right exist
by virtue of State laws and Constitu
hons. Mark the language. The righ
OF citizens Of the United States to vote
not citizens Of States. The right is rec
ognlzeu as existing independent of Stat,
citizenship. When the advo
cafes oi a privileged class of citizen,
under tie Constitution are driven +,