The new Northwest. [volume] (Portland, Or.) 1871-1887, 1878-04-26
FonrLeenlh Amendment:


T., ISIS.
Fourteenth Amendment:
"AII persons born and naturalized in |
the United States, and subject TO the
Jurisdiction thereof, are citizens of the
United states. No State shall
make or enforce any law which shall
ahridge the privileges and immunities
of citizens Of the United States"
Here follows long list Of authorities
which we omit.-ED.
In the discussion of the enfranchise-
ment of woman, suffrage is now claimed
by one class Of thinkers as a privilege
based upon citizenship and secured by
the Constitution of the United States;
as by photographers, as well as by the
Constitution itself, the definition OF
'citizen" includes women, as well as
men. No State can rightfully deprive
a woman citizen of the United States of
any fundamental right which is hers
in common with all other citizens. The
States have the right to regulate, but
not TO prohibit, the elective franchise TO
citizens of the United States. Thus, the
States may determine the qualifications
OF electors. They may require the cleo
tor to be of a certain age; to have had a
fixed residence to be of sane mind,
ana uncOnvicted of crime; because these
are qualifications or conditions that all
citizens. sooner or later, may attain
but 10 90 beyond this, and say TO one
half the citizens Of the State, notwith-
standing YOU possess all Of these quail
fications. YOU shall HeUer cote, Is OF the
very essence Of despOtism. IL Is a bill
of attaiuder Of the most odious character.
4 further investigation of the subject
will show that the language OF the con-
stitutiOns Of all the States, with the eX-
ception Of Virginia and Massachusetts,
on the subject of suffrage is peculiar.
They almost all read substantially alike.
"White male citizens" shall be entitled
to vote, and this is supposed to exclude
all other citizens. There is no direct
exclusion except in the two States
above named. Now, the error lies in
supposing that an enabling clause is
necessary at all. The right OF the peO-
pie Of a State to participate in gov
ernment of their own creation requires
no enabling clause, neither can it be
taken from them by Implication. To
hold otherwise would be TO interpolate
in the Constitution a prohibition that
does not exist.
In framing a constitution, the people
are assembled IN their sovereign ca
pacity, and, being possessed Of all rights
and powers, what is not surrendered is
retained. Nothing short Of q direct pro-
hibitiOn can work a deprivation OF
rights that are fundamental. In the
language of John Jay TO the people Of
New York, urging the adoption of the
Constitution of the United States: 'Si-
lence and blank paper Uether give nor
take away anything" And Alexander
Hamilton says, (Federalist, No. So:
EVERY man of discernment must at
once perceive the wide difference be-
tween silence and abolition. The mode
and manner in which the people shall
take part in the government OF theil
creation may be prescribed by the Con-
stitution, but the right itself is antece-
dent 10 all constitutions. 1t is inalien.
able, and can neither be bought, nOl
sold, nor given away
But even IL il should be held that thi'
view is untenable, and that women ar,
disfranchised by the several State con
stitutions, directly or by implication
then / say that such prohibitions ar,
clearly In conflict with the Constitu
ton Of the United States, and yiel,
thereto.
Another class of thinkers, equally in
maintain that there is, as yet, no pOwe
in the United States Constitution {,
protect the rights of all the UniteI
States citizens, in all ATTITUDES and longi
tudes, and in all conditions whatever
When the Constitution was adopted
the fathers thought they had secured
national unity. This was the opinion
OF Southern, as well as Northern, states
men. IL was supposed that the ques
tion Of state rights was then foreve
settled. Hon. Charles Sumner, speak
on this point in the United States Sen
ate, March Z, 1866, said, the object of tn
Constitution was TO Ordain, under thl
authority Of the people, a national gov
ernment possessing unity and power
The confederation had been merely al
agreement between the States" style
''a league of firm frienGship." FOun
to be feeble and imperative through tn
pretension of State rights, IL gave wa.
10 the Constitution, which, instead of
league" created a "union," in th
name Of the people Of the United States
Beginning with these inspiring aud en-
acting words, 1--WE, the people," it wa
popular aud national. Here was d
concession to State rights, but a recOg
milton OF the power of the people, from
whom the Constitution proceeded. Th
States are acknowledged, but they ar
all treated as component parts of th
Union IN which they are absorbed, unde
the Constitution, which is the suprem
law. There is but one sovereignty, an
that is the sovereignty Of the Unitel
States. On this very account the adop
tion Of the Constitution was opposed b,
Patrick Henry and George Mason. Tn
first exclaimed, "That this is a consoli
dated government is demOnstrabll
clear; the question turns on that poo
little thing, we, the people, instead o
the States" The second exclaimed
whether the Constitution is good o
bad, it is a national government, an,
DO longer a confederation" But agains
this powerful opposition the COnstitu
t.cn was adopted in the name of thl
people Of the United States. Through
out the discussions, State rights wer'
Treated with little favor. Madison said
The states are only political societies
anu never possessed the right of sOver
eighty" Gerry said, "The States hav,
only corporate rights" Wilson, th,
phllauthropic member from Pennsy1
wanna aIterward learned Judge Of III,
supreme Court Of the United states anc
author OF the Lectures on Law said
VIII regard TO State rights iustify
the sacrifice OF the rights OF men Il
We proceed on any other fouDdatior
than the last, our building will neitba,
be solid nor lasting.u
A SIXTEENTH AMENDMENT.