New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-30
COURT RECORD.
MONDAY, MARCH %. 1875
Supreme Court Of the United =

Supreme Court of the United states.
No. 1872. Minor Us. Haffersalt.-Error tt
| the Supreme Court of Missouri. This is the
case presenting the question whether, under
the fourteenth amendment, q woman, who
is q citizen of the United States, and of a
State. is q voter in the State, nOtwithstand
ing the provision of the constitution and
laws Of that State cOntine the right of suf
frage to men alone. 1t ie said that women
are citizens. They are persons, and. there
tore, under the fourteenth amendment, de-
clared to be citizens of the State wherein
they reside, but it did not require that
amendment to make them such. They were
before persons and people, and we're not in
terms excluded from citizenship by the con-
| stitution.
| The federal constitution was ordained bv
| the people of the United States, composed
OF the people OF the several States, and who
ever, at the time Of its adoption, was one of
| the people, became = citizen. All children
born of citizen parents, within the jurisdic-
tlon, are themselves citizens. The natural
| lzatlon laws are reviewed to show that
woman have always been considered citi-
zens, the same as men; also, the laws giving
jurisdiction in federal cases. II is then said
the fourteenth amendment did not affect
the cltizenhip of women any more than it
did of men, and thus, Minors rights do not
dependlupon it. She has always been citi-
zen from her birth, entitled to all the priv.
iliges, immunities, etc., of citizenship.
The amendment prohibits the State in
which she lives from abridsing any OF those
rights. The right of suffrage is not made
IN terms one Of the privileges of the citizen
ihe United States has no voters, and no
one can vote for federal, without being
competent to vote for State officers. The
elective officers OF the United States are
chosen, directly or indirectly, by the voters
ct the States. The amendment did not add
to the privileges or immunities Of the citi.
zen;it simply furnished additional guarantee
for the protection of such as he already
had. Nor is the right of suffrage CO.
extensive with the citizenship of the States.
When the federal constitution was
adopted all the States but Rhode Island
had constitutions of their own, in not one of
which were all citizens recognized as emit
tied to this right, and under all these circum-
stances it can not be for moment doubted
that If it had been intended to make all
citizens of the United States voters, the
trainers Of the constitution would have go
expressed that intention, and not have left
so important q change in the condition OF
citizenship as it then existed to implication.
But If further evidence is needed it is
to be found in other provisions of the
constitution. If suffrage is necessarily
. part Of citizenship, then the provision
zens of each State all the privileges
and immunities of citizens IN the seve-
raj States, would entitle the citizens of each
State to the right to vote in the several
States precisely as the citizens of those
States. There are other provisions, among
them that relating to appOrtionment Of rep
resentatives to the same point; but still
again, after the passage of the fourteenth
amendment 1t was found necessary to use
in the fifteenth amendments the following
language: "Ihe right of citizens of the |
United States to vote shall not be denied or
abridged by the United States, or by any
State on account of race, cOlor.or previous |
condition of servitude." The fourteenth |
provided against any abridge-
ment Of the privileges or immunities OF |
citizens, and it the right of suffrage is one |
of them, why amend the constitution fur |
ther to prevent its being denied On account |
of race, color, etc.!
The duty Of the United States to guaran-
tee to the States republican form of gov |
ernment is discharged in protecting those |
governments which were recognized as
being republican in form by the constitu-
tien when adopted. The governments of
that they are such as are to be
guaranteed. The admission Of new States
e then considered, and it is found that
there is nothing to favor the idea that
suffrage is right Of citizenship,
but everything to repel it. Also, the
restoration Of the States to the
Union after the war, none of them
having provided for female suffrage. Be-
ides, person who has simply declared
lis intention to become citizen of the
United States may vote under certain cir
,umstances IN Missouri and other States,
md this could not be if suffrage depended
lpon the right of citizenship. The courts
re unanimous in the opinion that the con.
titution of the United States does not
onfer the right of suffrage upon any one,
nd that the constitutions of the several
'tates which commit that trust to men
lone are not necessarily void. Affirmed.
he Chief Justice delivered the opinion.
United States Circuit Court.
James Lee vs. Louisiana Mutual Insur-
nee Company; same vs.. Home Mutual In-
urance Company; same vs. Union Insur-
nee Company.-Suit on insurance policies
f steamboat Sabine, sunk twelveopiles
bove New Orleans by collision with Steam
oat Richmond. On trial.
In the matter of United States Commits
oner ii. N. Frisbie.-The court said that on i
Of Mr riob; ind hxI |