Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-22

the church denied all women the right
Of speech in the sanctuary; and even
the common law gave the husband all
the wife's personal property upon mar
rfage, and, also, that which should
subsequently fall to her during covert
ure: her legal identity became merged
in her husband. SO that in fact her per-
son, property, earnings and children
belonged to him; the husband and wife
were one. and the husband was the one.
Even at the present time there is but
one state in the union in which the
wife living with her husband has equal
right to their children with him. But,
thanks to an advancing civilization, by
usage or law, some of these relics of a
less enlightened age, have been swept
away, and women in a far greater and
more just degree have come to be es-
tcemed as the peers of men in both ca
pacity and right. To deny to women
the right to hold Office upon the ground
of usage would be to set back the clock
i of time and substitute reaction for
progress.
), This. however, is not merely a ques-
! ton of usage, but Of constitutional
), right. The exclusion of one half of the
people of the state from participation
:, in the administration of the laws, by
the dominant half, however long con-
:, tinued. neither implies, nor confers the
:; right to enforce such exclusion. A
usage originating in cOntravention Of
the constitution, does not become obi
I gatory by lapse of time. The constitu-
ton and not usage is the tombstone of
civil and political rights.
= cfatntoS rola ting tn iuSticec IF
the peace. for the most part refer to
their powers, duties and jurisdiction.
: Whoever legally holds that Office, be it
man or woman, is entitled to exercise
: the jurisdiction and powers, and to
!. discharge the duties appertaining
thereto.
THE disability of women to hold Of
flee. if any there is, arises from some
e. express provision of the constitution,
or some necessary implication there
: from. The constitution does not. in
terms. create such disability. nor does
2, 1t by implication. No adverse implica-
ton. in this respect. arises from the
t use in the constitution, of words i'm
t porting the male sex and not the fe-
t male sex, that does not also lie against
e the claim of women to the natural
L IISulS pISulCdlCu NCihic OHhy VI
g men by sections one, three and six of
the declaration of rights. If women
: are ineligible to office for this reason,
e they are, also, denied the rights of en-
= jcying and defending life, liberty and
, property. of religious freedom, and the
l right to be heard by themselves or
Fl counsel in criminal prosecutions.
e Such a construction is not only un-
| IL g. 10 NtHr,
e meaning of the word men, as used in
= the constitution. The primary signifi-
r cation of the word man is a human
: being. 1t is used in a generic sense to
: denote the human race. including both
= sexes. 1t is only by giving the word
4 men this Specification, that women
= have any rights under the constitution
that men are bound to respect. The
S word men found in the constitution.
e. is synonymous with people and per-
t son. and includes all persons, as well
e women as men. Ill.,
1.-THE implications of the constitution
S are in harmony with this construction.
e The objects and purposes of its estab-
t lishment as set forth in the preamble
!, are as applicable and necessary for
, women as men, and the rights emu
| InPTdteu Ill Tie ueCIdIdllOH vi IlSHlS
are affirmed of both women and men.
1.-THE words citizens and people
I found in the constitution, are synony-
nous. Women are citizens under the
constitution no less than men. The
language of the clause regulating suf-
, frage, every male citizen of the United
r States implies that there are other
| citizens than male citizens. The word
male is used in cOntradistinction from
, the word female to show that male citi-
; zens only and not female citizens are
qualified electors of the officers named
Previous tC the decision OF the
Supreme Court of the United States, in
| the bred Scott case, the constitution
of the United States did not define the
meaning of the word citizen.
"A ma iority of the court in that case
say that the words people" and
citizens" describe the political body.
who. according to our republican insti-
tutions, form the sovereignty, and who
hold the power, and control the gov
errment, through their representa-
tives This definition makes the qua
lifted voters of the country alone citi-
Zens of the United States. and the sole
constituent members of the national
sovereignty and also places not only
persons of African descent but white
women, too, without the pale of
; citizenship.
But the fourteenth amendment of
the constitution of the United States.
article one. which was evoked by that
decision abrcgates and annuls that
definition, by declaring that all per-
sons born or naturaliZcd in the United
States, and subject to the jurisdiction
| thereof. are citizens of the United
States. and Of the State wherein they
| reside
"Women are thus made citizens by
the supreme law of the land, and as
:. such, are entitled to all the rights.
privileges and immunities predicted Of
, citizens, and its synonym people, in
the constitution which are not therein
specifically denied to them: and we
: have seen that eligibility to office is not
: of that number. 1t should not be for
gotten that we live under the four
teenth amendment. and not under the
bred Scott decision, if we would avoid
falling into the error of following the
doctrine in that case. instead of obey
ing the supreme law of the land.
IF by common law, women are in