Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-27
FEMsLE SUFFRAGE.
Speech Of Hon. G. W. Tyler. Of Alameda, in
the Assembly, March "a, 1880. During the
Discussion of an Act to Enable Female
Citizens to Vote Upon all Matters Re-
lating to the Public Schools.
TPhonographically reported for the RgcoRD-JNIoE
by Willis & Stockholm


by Willis & Stockholm
The Speaker decided that the rule limiting men,
bers to five minutes time in force, and on mo-
ton OF Mr.. Young, of Sacramento, Mr.. Tyler wac al
lowed ten minutes to express his views upon the
bill before the Assembly.
Mr. Tyler-Mr. Speaker, there are two points in
volyed in the discussion Of this question The irst
one is whether under the Constitution of the State
the Legislature has the right to extend the privilege
of suffrage to all female citizens OF the United States
and of the State OF California. That is the first
question. The second is, whether or no 1t
is policy for them to do so. These are the
two questions to be considered. Prelminarily, fer
few moments, it might be well to turn our atten-
ton backwards and look at the condition OF the
female. What is there, where was there, can any
thing in reason or judgment show that man has
any greater right to do anything than woman?
Either woman has the same rights that man has,
or she mas less rights than malone or the other
I contend she has the same rights, and you who
contend she has less rights will you please tell me
where the less rights commenceI She Is not re-
sponsible for her any more than you are, and
tell you the only reason why women nave been &C.
MED the same rights men have is because In tne
early ages man was savage and had the brute force
to compel her to be a slave and submit TO him. That
is the reason and none other. Perhaps II the
Mosaic account is true, there Is another reason In
those early days when God created Adam, and gave
him helpmeet, she looked around in the garden
and found an apple-tree, and she took nip herself
off the tree Of knowledge. After she got taste
of that apple she knew great deal more than
Adam, and she felt bad on account OF Adams lgnor-
ance and got him to take a nip, too tLaughter-I
OF course after he took it he had knowledge he
felt ashamed OF himself. SO did Mrs Eve. Re
newed laughter.l They went to hiding themselves
they had fig leaves and not garments to cover them
up Perhaps had it not been for women then we
might never have had the necessity OF this question
arising We might have been peeping around IN
the Garden of Eden and wearing fg-leaves to this
day ILaughterl But am rather glad she ate the
apple and made Adam eat the apple, because she
brought knowledge into the worid. had rather
work and earn my living by the sweat OF my brow,
and not live in the Garden OF Eden, thah eat
bananas and all the fruits OF the earth
without doing anything. After they went out
of the garden and had an increase OF popu-
lation man was the stronger OF the two 1t Is only
within the last few hundred years that woman has
ceased to be an absolute slave, with the power OF
life and death in the hands Of her husband When
you tell me womans intellect is dwarfed, and
does not come up to the standard Oh the men, ten
Won there is good reason for it. 1t would be wrong
full if it did. Men have been free always. The
heredity principle has extended the power of intel
lirence and command to them, and 1t has not to the
women You give hel the same rights and the same
privileges has, and, tell you, he Is only suPe-
ror to her in size and strength Either in capacity
or endurance they are the equal OF any men or set
of men on the face of the earth. say to you, gen.
tlemen, this is question fraught WIN most mo,
mentous importance to the people Of California and
of the United States. We all know that the think
ing men of the world believe in the doctrine that
nearly all of propensities are inherited from our
parents. In government where the common peo-
pie have no rights, whom an emperor,
king or an aristocracy rule, there IS
no necessity for female suffrage: There
is reason for it. But gentlemen, II 1t De true
that the qualities of a Han's mind are inherited
from his parents and mainly from the mother-be-
cause hear men say on this floor that Whatever
they have and whatever they they owed to their
mother and it is true that from the mother the
child inherits most of its qualities if this is true
and this nation is to continue free repubhc, IS 1t
not of the utmost Importance to US, II we have the
power to give the privilege of suffrage to women,
that we should do so in order that their minds may
be educated and exercised such way that they
shall transmit their ideas of government to their
children, and we may become nation OF politicians
in the true sense-Otherwise, statesmen is there
any why it should not be done Have you
any fear that the wife of your bosom, the mother Of
your children, the comfort OF your manhood, and
the solace OF your declining yearsthat she shall not
walk side by side with you to the polls and cast her
vote with YOU? The VINO would not allow
woman to enjoy any privilege he enjoys himself is
not fit type of American manhood.
That's preliminary undertake to say, Mr. Speaker,
that woman, under the Constitution OF this State,
has just exactly as much right to vote as any man
in the State of California, and am going TO demon
strate it to you. The only thing she lacks is the
privilege and tonight are to aid in giving 1t to
her. You have heard it read by the gentleman who
preceded me (Mr Young) that under the Civil Code
of this State woman citizen. II he had not,
the Supreme Court of the United States, IN the case
of Minor Happinsett, 81 Wall. 162, has decided
two things: First, that women are citizens and
secondly that to vote is not right of any citizen,
bat is mere privilege extended to him by the
State. Remember these two things: First, that
woman is citizen second, that to vote is privi-
lege. Bear that in mind, and let me ask you 70
turn to the Constitution and tell me If she has not
the same right to vote we have. want to say,
with due Difference to the Chairman OF
the Judiciary Committee, that when we
agreed to that report neither he nor |
nor any man on the Judiciary Committee had called
to our attention Section 81 of the Bill of Rights
Our minds having been called to it we simply
turned to tine matter of suffrage, and If there was
nothing else except the article suffrage, reading
as it does, male citizen" that would exclude the
right of women to vote. E1pressio unliis, erctttno
dlterius est is well-known rule OF construction-
to speak broadly, interpreted lmeans "When one
thing is expressed, the others excluded" And
when we read in Article H., Section l, every male
citizen OF the United States" etc., " shall be enh-
tied to vote" itmeans, according to the foregoing
rule of construction, the as If it read but no
female citizen shall exercise such privilege. But
what contend for is, that positive right guaran-
teed to in the Declaration of Rights oeerrides
a mere rule of construction.
want to call your attention to another thing, that
is that the Declaration Of Rights is the fundamental
charter of the peoples rights, and If there is any
thing in the Constitution itself contrary to the
Declaration of Rights, it is the other provisions OF
the Constitution that must give way, snd not the
Declaration of Rights. You have heard the rule
laid down by Cooley, cited by the gentleman who
preceded me. If | cannot show that women have
the same right to vote under the Constitutior-f to
vote is a privilege, and women are citizens as
men are-then | cannot demonstrate that two
and two make four. want you to allow me 10
read it and then eliminate the words out OF it that
do not enter into the discussion. First will read
the whole of Section 21: " No special privileges or
immunities shall ever be granted which may not be
altered, revoked repealed by the Legislature"
This has nothing to do with tae issue at ALL but it
adds Nor shall any citizen, class of citizens be
granted privileges or immunities which, upon the
same terms, shall not be granted to all citizens"
First, say women are not a class; you cannot
find in any lexicogralhy that women are class as
separate from men therefore eliminate from this
the words or class of citizens. Another thing, to
vote is not immunity, therefore eliminate " i'm
munty." Then it will read Nor shall any citizen
be granted privileges which upon the same terms
shall not be granted to all citizens. To vote is q
pTiuilege. Woman is citizen, and the Declaration
OF Rights says, Nor shall any citizen be granted
privileges (either by the Constitution law) which
upon the same terms shall not be granted to all cit
izens" say, If the Declaration OF ghts is the gov
erning power in the Constitution, that women have
precisely the same right to vote as men have but
the privilege has to be granted by the Legislature,
because we have no law now allowing them so to do.
There was case where woman registered without
lawful right-the Won yolkenberg case, believe
that was cited by my colleague The issue raised ia
the case is not involved here at ALL The Constitu
ton says: No privilege shall be granted to one cit
izen not granted upon the same terms to all cit
izens" You have the decision of the Supreme Court
of the United states that TO vote IS privilege,
and not right. You have granted to male
citizens the privilege Of ting but the Constitution
says you shall not give TO the male citizen any
greater privilege than you give to the female citizen.
would like to have any lawyer answer that argu-
ment. He has got to deny that the bill of rights
is Of paramount Importance or he must acknowledge
she has the right to vote. Let US coneede for the
sake of the argument that the bill Of rights and the
balance of the Constitution each equal in effect
They are not; but admit, for arguments sake, that
the Declaration of Rights has greater force than
the Constitution. Under the Declaration of Rights
the Constitution says we shall not give any male
citizen Of this State any greater privilege than we
give to any female citizen Of this State. In the
other place it says /" male citizens may vote "
You deny females the right to vote by q mere con-
structon. Does not the right granted in the Dec
laration Of Rights outweigh mere matter Of con-
struction? That is the question to be determined.
have endeavored to put the case before you in
its legal aspect. To-day, II ! sat upon the Bench of
the Supreme Court should be forced to decide
that under the Constitution, the female citizen had
the same right to vote that any male citizen had
and hope in this day OF civilization, in this nine-