The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-06

Legislature thereof may direct, q number of
electors, equal to the whole number of senator's
and representatives to which said State may be
entitled in the Congress-, ETC." In the absence
OF any provision in the State Constitution limit
ing or attempting to limit the discretion of the
Legislature as to the manner in which the presi-
Dental electors shall be chosen, there can
be no doubt that the Legislature could empower
female, as well as male citizens 10 participate
in the choice of presidential electors. Section 2,
Article III of our State constitution is as fol-
lows: I'm all elections, not otherwise provided
for, by this Constitution, every white male
citizen of the United States, of the age of
twenty-one years and upwards, who shall have
resided in the State during the six month i'm
mediately preceding such election
shall be entitled to vote in the township or pre-
cinct where he may reside"
Among the powers and duties of the Legisia-
lature, which spring from the national Constitu-
ton, is the power and duty of determining
how the State shall appoint presidential elect
ors. The Constitution of the United States de-
clares in the most explicit terms that the Legis-
lature shall do this in such manner as 1t may
direct
It will be remembered that I caused to have
this bill introduced In the Legislature OF ~looO-Sl,
and it gave rise to an interesting and widespread
discussion. At first thought this proposition is
declared unconstitutional. l have submitted
the question to many able attorneys, and have
in my possession many elaborate written opin-
ions, and it is with satisfaction I note that not
one attorney, after giving the matter
sufficient thought, has declared the prop
osition to be otherwise than strictly
constitutional My time is too limited
on this occasion to introduce the authorities
npon this subject, but. / have these, that l will
gladly furnish, free, to any one desiring to in
vestigate the subject Should this bill be again
introduced in our Legislature, | am fully pre-
pared to defend the constitutionality of it, hav-
ing strengthened my faith and my knowlege of
it since it was introduced and argued, and shall
take pleasure in placing upon the desk of every
member the printed opinion of Hon. w. ID.
Wallace, concurred in by Hon. j. w. Hustled,
fifteen years a member of the New York Assem-
bly,, and of our own honored United States at
torney, Charles L. Holstein.
CONCERNING A CONSTITUTIONAL AMENDMENT.
would not recommend, at present, the sub
mission of a constitutional amendment to the
male people of the State. to strike from our
Constitution the word male" with the hope of
such an amendment being adopted. I believe
this can never be done by popular vote, unless
1t be made a strict party question, with
terest turned with force to carry the point. In
such a way it might be done; but for us to
expect that the masses of ignorant,
prejudiced and dissolute men could be led
to vote women free, simply for the sake
OF abstract justice, would be as unreasonable
as to have expected the negro to have been
made free by the votes of Shareholders. l would
not object, however, to having an amendment
submitted for the sake Of the educational benefit
that is derived from the agitation following such
submission.
do most earnestly recommend, however, that
Indiana women make a test case under the
fourteenth amendment to the national Consti-
tl0n. 1t seems impossible that a body OF men
could be clothed with such dignity, knowledge
and power as that which obtains in the supreme
bench of the United States as to decide that un-
der this clause in the Constitution women are
not included. 1 know that you will claim that
this has been done in thp case of Minor Va Ham
persatt, and the decision was adverse to women.
But L have taken much pains to secure a thor
ough knowledge of the management of this case,
and | find that in many particulars our interests
were greatly neglected and an adverse decision
might reasonably have been expected. The
woman who brings this case up wants herself to
know what she is doing. She wants to under
stand her case and take her position well. Its
argument should not be intrusted to men alone.
Men are not capable of representing women in SO
grave an affair. They would be needed to assist,
but they should not be allowed to lead, else
the decision might be like the last one. And.
too, public sentiment has grown apace on the
woman question" since then, and a more en-
E~ghtened decision may reasonably be expected.
1t would only require the same degree of com
mon sense shown by the Supreme Court of
Massachusetts when it recently decided that a
woman is a person. to enfranchise women
under the fourteenth amendment. Let US note
the wording: "All persons born or naturalized in
the United States, and subject to the jurisdic-
ton thereof, are citizens of the United States
and of the State wherein they reside.
No State shall make or enforce any law which
shall abridge the privileges or immunities OF citi
zens of the United States; nor shall any State
deprive any person of life, liberty, or property
without due process Of law, nor deny to any per
son within its jurisdiction the equal protection
of the laws" The law recognizes me as a "citi-
zen," and by the present Interpretation of this
fourteenth amendment my privilege to hold
Office, to go to Congress-which l want to do,
and intend to dds abridged, and | am not
allowed elderly" in making the laws that l
must obey, and, with Abraham Lincoln. l think
an intelligent constituting. of this article would
be, that "She lhel who has no voice in the laws
under which she (hel lives is a slave indeed
mi ARE PEOPLE.
I do most earnestly recommend that both
State suffrage societies arrange to make a test
case under the fourteenth amendment at the
next general election, and that tie will of our
women be given expression by a regular
vote being polled on that day by
women who shall agree to do the
work conscientiously rolling up an immense
number of women who want to vote" No Su-
preme Court, with 200, 900 such voters back of
one test case, in the light of to-day, would dare
to put itself on record against an Interpretation
of the fourteenth amendment enfranchising
women as well as eolored men.
am ready to enter into this work In Indiana
in full faith in the result. If men are inclined
to sheer at this proposition, / point with pride to
the fact that one of the grandest speeches ever