, 1879-03-19
FEMALE LAW AND FEMALE VOTERS

We print t!lla morning MI argument by
]. ELLEN Fos1En, ESQ.,, Of Clinton, H.,
who is all attorney at Inv, to show TINT thu
Legislature Of Illinois may by Inv confer
upon women tho right Of voting iu this
State On the subject Of license or no license
for tho sale Of liquors. Mrs. FosrEH repre-
scntcd tho signors to tho big petition pre-.
sented to tho Legislature sor1o weeks ago,
mud WAS selected because Of hor legal attain-
'nenss TO argue tile question OF constitutional
power mil tho Ingenuity with Which allc per-
formed TINT duty IN ovldsnoed BY her plausible
reasoning In tho lettor wo rriut tl4ia Morn-
ing. In order tue more Clearly to under-
stand tho point at iHst1e, we quote tile la1l-
gnage OF tue Constitution OF Illinois:
hFes! person HAVING teslaca ~ !Ais ata'e ono
ton disri, ,h,r,. rr~s ~, ;,r.rc,t,e mi, s,<s,u
therein who as an cccto, in thIs Slate on lie 1at
day Of April. a. D. ISM. or obtained n certificate
o. naturalization netoro any coast OF record IN
'au p.us uto ~ .v u.s. s1 ",y " 'ns, o ,, ~ Ivy
tho unltel statcs aooyo tlu oro Of q yeara shali
be entitled to yotc at sacA <lrctlon."
Tint IS the supreme law of this State. behind
which the Legislature cannot 60. That Inv
limits tic right Of voting Mt nny election to
tho malo citizons Of q yenrs Of ago designated,
md residentns provided. Mrs. FosTEn critieises
tho term "s,scli election rs moaning M cleo
tion for officers only, bnt tho words "s,,ch
election " refer 10 the term ''any election, :"
previously contained in tho provision. The
Inevitable conclusion therefore is TINT to bo
entitled to yoto at "nny election" In tho
State Of IIlinois 'rersou resident, etc.,
| must DO a "n.ale citizan OF the Upitcd States
and 81 years Of ago."
Tho Indy admits TINT tho Constitution Of
the State excludes fcma!es from tho right Of
suffrage, bnt slo claims that "any election !"
held in the State Is limited to those where tha
sovereignty Of the people is exercised in the
election of persons to I'LL ccrtain Offices in
either tho Legislative, Judicial, or. Executive
| departments Of t1le Government. Uufort,,-
mn,ely for the argument, tho lady quotes the
stntuto regulating the elections of officers US
| part Of tho constitutional definition Of what
il M election. The Constitution itself nro-
yitlea for q great yario.y of elections, u,nonp
Which aro tho submission to tho people tl,s
approval of laws increasing tho State ae|,t {;
tho popular approval Of au increased cx-
penditure on tho Statc.Houso; cleutionB ~
10 the increaso of county taxcs; division Of
| countics; removal of co,,uty-soats a<loption
| or discontinuauoo of township organization ;
nloption Of city md village charters; on tho
adoption OF ganoral baul,ing lnws; anaeud.
n,unts to tho Constitution pnI ou scllinr or
leasing tho cnnal. Hero are ten mud
tl.oro aro o.llcrs} distinct mntters Of election
provided for III tho Constitution, which
in nowiso relate 10 tho election Of
my officer, legislative, judicial. or executive,
but nt all Of which elections the right Of
voting IL limited to rerpons entit1otl to vote
uulor tue general provision Of tho Constit11.
tion, md who OF necessity must bo "malu
citizens II ycnrs Of agc." If tAoro was Il
shred Of doubt as to the forco aud meaning NJ
tho general provision Of tho Constitution,
these numerous md repeated atf3r,na.
tions Of tho qualification of yoter,
at elections Other tlon for tho c1,oir,
Of officers, by thu Constitution, would ra.
moyo It. Tho Constitution overwhelmingly
excludes tho presumption Of any pcrsous be-.
ing entitled to vote ot ssany election" wlat.
oyor, for any purpose, uays thoso cut;t'ua tt
vote undor tho general provision of tho Con
gtitutiou, Tho Constitution Of tho State
huvlny fixed tho aco autl lex of yoters
eut1s tile controversy, mud It is imnatcr;n]
what other States ,uay Laya dono, or WIN
tue Legislature might do, IT tho Constitutjo,
was ont Of tho way.
r1o roforsuco 1v Tin 1oi,v 1o,vve,
to Ju1t,s cooLrYs ,yor,, NJ, ronstitn,,ono
Limitations IL II rof,rouco n n vt,tn
mont or tin ,oonv ynria,;on, i, I'm ,,,.
of sta.os m tbo u,b,m.t of t,,o rif,,,t of xn, n
ino. md mi to t1,n oss,r,;on oe o,v r,,,c
rronortv qualification in v,tcr. nm. onr
x.r,, ,,a,,o.r1. II IL mt ,,v ,o,,,,iro,, =. ~,
)rt oyon ~ II wos rccu,rc1 In svorv sI,,o !,
tbo Union. au1 if woman warn ollowod !,
yot, Mt general mr. s,ectol o,ro,,onY 4, ,vor,
o.l,cr stoto In lin 1Infon IN 'onv os t,ov or
cxclnlcd by tl,o Count;tnt;on of 1li;rni
ttoy cannot voto in thta stato unt;, ,l,o c,u
l