The sun., 1873-01-27
WOMAN NEXT As A SOLDIER
ABLE LRGUNENT BY THE nov.
HENRY n. SELDEN


tions Answered.
When Miss Susan B. Anthony wM
brought before the United States District Court
in Albany, on a writ of hdbods eor7ae, the Hon
Henry n. SeIden. her counsel, asked the dis
charge OF the prisoner on two grounds, frat
that In the act complained Of she had dischareed
a duty, or at all events exercised right instead
OF committing a crime that she had constltu-
tional and lawful right To oner her ballot and to
have IL received and counted; that she, as well
her brothers, was entitled to express her
choice as 70 the persons who & should @ make, and
a. she, as we'll a. they, was bound to observe
them; secondly, that II she had not that right
there fore her act lacked the Indispensable In
gredient Of all crime, corrupt intention.
The wisdom Of granting the elective franchise
to women, or the Justice injustice Of With
holding IL from them is not an appropriate mat
ters for consideration there. excepting 80 far a
tho subject bears upon the interpretation of
existing constitutions and laws. u was not
claimed that under the state Constitution and
consequently i the right Of Miss Anthony to vote
at the election in question could only be estab-
ished by reference to an authority superior to
and sufficient to overcome the provisions ofthe
state Constitution. Such authority was found
in the Constitution of the United States Under
the original Constitution no question such as
subject ss to what should constitute the pryi-
leges and immunities OF the citizen being i'fe
woMAN's MAGMA CHART.
But, By the Fourteenth Amendment. the
United States had not. only declared what con-
bisd the stSees From D%r making KIN %ny aw which S
shsll abridge the privileges or imEunities Of
STovsS6 oi s S seSnn y s S
Miss Anthony In voting was lawful. II had
Amendment, been questioned that wonen,s
well as men, were included In the terms on its
immaeities 1 S Z. cit citizens we're @ sqnay secured to
both. lie claimed that the terms-privileges and
tI M, but Ih thsy ng st
right a. preeminently the most important 10
which the section referred; II the clause n
question did not secure this political right 10
was entirely uugatory, and might as well have
been omitted.
woRCEsTERs DICTIONARY ON FEMALE suFFRA0L
Going to the photographers and writers upon
law TO learn what were the privileges and im-
munities Of the citizen in republican Govern
mcnt, they would hDd that the leading privilege
OF citizenship was the enjoyment Of the right Of
suffrage. Bowler, Worcester. and Webster wers
of the word citizen was directly and plainly re-
cogDized by the Fifteenth Amendment TO the
Constitution, which provided that the right o.
citizens TO vote shall not he denied or abridged,
&c; thus assuming that the right Of citizens, ~
| such, to vote, was an existing right ~
Washington, IN the case Of Canaeld vs.: CoryeIi;
decision Of the Supreme Court Of Kentucky,
the opinion Of Chief Justice John Jay. in the
| case of Chisholm Executors vs. the state OF
| Georgia. aud the opinions OF Chief Justice
| fancy and Mr.. Justice Daniel, in the case
| Of Scott vs. Sanford as showing beyond ques-
tion that the nrst section Of the Fourteenth
| Amendment by placing the citizenship Of
women on par with that Of men. and declaring
that the privileges and lmmunities Of the cltl.
zen shall not be abridged-had secured 10
| women. equally with men, the right OF suffrage,
unless that conclusion be overthrown by some
| object was accomplished by the Fifteenth
| Amendment.
| WHAT THE FIFTEENTH AMENDMENT nh.
The prohibition of any action abrdging the
| PRIVILEGES and immunities OF citizens, contained
In the Fourteenth Amendment applied only to
ment free to abridge the political privileges and
| immunities OF citizens ~ the United states ss
ment both the United States and State Govern-
| ments were prohibited from exercising this
power on account of race, color, or previous con-
| dition OF seryitude Of the citizen.
| 1t had been said that the subject Of securing
TO- women M the elective frsnchife % was VAS ne; con;
these amendments.
II was wholly immateriaI whether thai was 50
| or not. The intent was tO be found In the in-
| strument itself. In exacting the Magma Charta,
the Barons Of England provided better securites
| were aware Of at the time, although the rights
OF the common people were neither iorgoltea,
| that the trainers Of the original Constitution of
| the United States buildcd better than they
this great question Of female suffrage than
| which few greater were ever presented for the
consideration Of any people; should be loana
| almost Unexpectedly To have been put at rest
| CAN LUNATICs voTE2
II would doubtless be urged as an objection
that II citizenship carried with II tue right 70
| vote infants and lunatics who as well as adults
| and persons Of sound mind are citizens. would
also have that right. This objection was en-
| familiar fact that every Legislative provision,
whether constitutional or statutory, which con-
| 1erred any discretionary power was always con-
| fined in Its operations To persons who were
eomp0s ments. IL was wholly unnecessary 70
as they were excluded from the very nature OF
the case. And In respect to every law Infants
during their minority, were in the same class class
ever included in this category? Did any
Pafps =. OK tSa Py the, 20
stood in this respect on the same footing with
men, with the exception Of the right g vote
agents or trustees for others; they could he ex-
| powers and the sarnercsponslbllities as men; and
| i ought not to be matter Of surprise or regret
that they were now placed by the Fourteenth
| Amendment In other respects upon footing Of
perfect equality. Although not strictly con-
not Improper TO alIude briefiyto some OF the
| popular objections against the proprcty OF
did so because he Knew from past D eXpeTiencs
| that these popular objections, having no logical
bearing upon the subject, were yet, prac .cally,
among the most potent arguments against The
| Interpretation Of the Fourteenth Amcndment
In the only way that its language fairly adu,ittsd
Of.
DO WOMEN DESIRE To VOTE
u was said that women dld not desire To Y9,e.
| itll1i'iys many women Alu not DNt NsN 4ltA
nishod no reason for denvinz the right tu ThOse
who did desire to vote. MANY men declined "
vote. Was that reason for denying the right
| TO those who would voter Counsel believed,
however, that the public mind was greatly n
error in regard 70 the proposition Of female
| citizens who would vote II their right To do SD
] were recognized. Women suffrage was 10 some
extent established In England, with the result,
as detailed in the London ErdHiHCr that "
siXty-six municipal elections, out Of every Loo
women who enjoyed equal rights with men On
the register 5lo went To the polls, which was 3lt
| furty-eght less than the proportIonato NUMBER
| OF men, Out OF 2i,WG women regis cred, where
contest occurred, A,4l6 voted. or men there
| were l66,Isl on the register, and Qi,0Sl al me
| poll. The Examiner drew from these facts We
| following conclusion: Making allowance iOi
| tho
RELUCTANCE OF OLD sPINsTERs
| TO change their habits and the more irequeht
illness Of the sex, It Is manifest hat w'heni U
they had the opportunity, would exercise ln9
franchise as freely as men. There is an eng,
| therefore, Of the argument that women Mowt
| not vote If they had the power
Another objection was that the right 10 once
must attend the right To vote, and that women
were not qualified to discharge the dutr- oi fe, r,
sponsible offices. Counsel begged lt1Ne W
answer this objection by asking one or ln4o
| questions. How many Of the male hlurds "n15
, | do our voting were uuained to hold nlgu ulitSI