Not a Word as to the Sex of the Elector.

753 the declaration in the Bill of Rights that "all men are born free and equal." (Bradford's History of Mass., 11, 227; Draper's Civil War, 1, 318; Story on Const., 11, p. 634, note.) So far, however, from interfering, as it was its plain duty to have done, to protect this class of United States citizens, the court has gone further than perhaps it intended, and possibly destroyed the rights of another class, for the decision, by declaring that the United States has no voters, virtually renders the XV. Amendment of no effect. There is nothing upon which it can operate. There being no voters, there is of course no "right to vote," to be "protected." So that every citizen of the United States is left completely at the mercy of the State.

We will now consider that clause of the Constitution of the United States in which, as Hamilton said, the right of suffrage is defined and established for the citizens of the United States; which, nevertheless, has most strangely been regarded as conferring upon the States authority to disfranchise them. Article 1, sec. 2. "The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." The section, it will be seen, consists of two clauses, but there is not a word as to the sex of the elector. He or she must be one of the people, or citizens-that is all. The "People" elect. They vote in their respective States, of course; or, to use the words of Chief Justice Marshall, "when they act, they act in their States." (4 Wheaton, 403.) This first clause, then, fixes the class of persons to whom belong this right of suffrage-Federal suffrage-not State suffrage. It would be absurd in the Federal Constitution to undertake to deal with State suffrage, and it attempts nothing of the kind. The right of Federal suffrage, then, attaches or belongs to this class. The subsequent clause is subordinate to this, and relates not to the right, but to the exercise of it by the voter. In other words, it prescribes the qualifications of the elector, as to how he shall exercise the right; the time, place, and manner of voting, and the age at which the right shall be enjoyed. As to all these matters, which are included in the subject of "qualifications," instead of laying down a uniform rule, to be applicable all over the Union, the convention thought it best to adopt the regulations on this subject already in force in the several States. When the Federal elector, therefore, comes to vote for United States officers, he finds that he must simply conform to the regulations laid down by the State for State voters. But this confers upon the State no authority over the Federal elector's right of suffrage; far less does it give the State authority to deprive the Federal elector of this right, under pretense of laying down for its own citizens an arbitrary and impossible condition. In the nature of things, a republican government could not part with this right of suffrage. As Hamilton says, such right is justly regarded as a fundamental article in such government. To part with it, would be to part with its chiefest attribute of sovereignty, and nothing of the kind was done, or intended.

Except so far, then, as this decision makes it so, there is not a particle of authority vested in the States to deny this right of Federal suffrage to

the citizen of the United States. The regulation of the exercise of the franchise is within their control, as above stated, but the right itself is not theirs to give or to withhold. The right to vote for Federal officers is wholly distinct from the right to vote for State officers; but the fact of these two rights being blended in one and the same person, and being usually exercised at the same time, has given rise to the whole difficulty. In consequence of the fact of the election being conducted by State officers, the State providing all the machinery for voting, etc., we have become accustomed, from long habit, to associate in our minds the one franchise with the other, and thus confound rights that are wholly separate and distinct.

We notice, in conclusion, the remark of the court touching the nonassertion heretofore of this right by any one of the class now claiming to be entitled to it, and the intimation, or insinuation, that if the right really existed, it would have been claimed before, etc. It is true that Mrs. Minor's case is of "first impression," in the Supreme Court of the United States; but we fail to see that this fact has anything to do with the principle involved, or that there can be any such thing as a “limitation" of rights that are fundamental. If the right exists, and has a constitutional recognition, the time of its assertion has nothing to do with it. Only weak minds will be influenced by a fallacy like this. Because the women of a former day did not see and feel the necessity of making this claim, is no reason why those who do now see and feel that necessity should have that claim denied. "Time has no more connection with, nor influence upon principle, than principle has upon time. The wrong which began a thousand years ago, is as much a wrong as if it began to-day; and the right which originates to-day, is as much a right as if it had the sanction of a thousand years. Time, with respect to principles, is an eternal now. It has no operation upon them, it changes nothing of their nature and qualities." (Paine's Political Works, vol. 2, p. 328-Dissertation on Government.)

We are fully conscious that the subject upon which we have written is by no means exhausted; the point, especially in reference to bills of attainder, being wholly untouched. But the limits of a single article will not admit of a full discussion of the subject. Indeed, a treatise upon suffrage is one of the wants of the profession. We leave it, however, to the candid judgment of our readers, if we have not fully demonstrated the right of Federal suffrage to be a necessary privilege of a citizen of the United States, and, according to the court's own admission, such being the case, the plaintiff was entitled to the relief sought.

Thus closed woman's struggle for National protection of her civil and political rights under the XIV. Amendment. In the case of Myra Bradwell, which was commenced in September, 1869, two years before the others, Chief-Justice Chase, one of the best and wisest Judges that ever honored the American bench, dissented from the opinion of the Supreme Court: that the fact of United States citizenship did not secure to woman the right to practice law, and

Woman's Claim placed upon Record.

755

that a married woman rested under a special disabilty in regard to her civil rights, thus sustaining the action of Illinois in refusing to admit Mrs. Bradwell to the bar of that State.

The decision in the case of Mrs. Minor, that the political rights of women were wholly under the control of their respective States was still more emphatic and discouraging. Had Judge Chase lived, we have every reason to believe that in this case too, he would have dissented, and that his opinion would have had great weight in the general discussion. Although defeated at every point, woman's claim as a citizen of the United States to the Federal franchise is placed upon record in the highest court of the Nation, and there it will remain forever. As Milton so grandly says in Paradise Lost:

What though the field be lost?

All is not lost: th' unconquerable will
And courage never to submit or yield!

CHAPTER XXVI.

AMERICAN WOMAN SUFFRAGE ASSOCIATION.

Circular Letter-Cleveland Convention-Association Completed-Henry Ward Beecher, President-Convention in Steinway Hall, New York-George William Curtis Speaks -The First Annual Meeting held in Cleveland-Mrs. Tracy Cutler, President-Mass meeting in Steinway Hall, New York, 1871-State Action Recommended-Moses Coit Tyler Speaks-Mass Meetings in 1871 in Philadelphia, Washington, Baltimore, Pittsburgh-Memorial to Congress-Letters from William Lloyd Garrison and othersHon. G. F. Hoar Advocates Woman Suffrage-Anniversary celebrated at St Lonis -Dr. Stone, of Michigan-Thomas Wentworth Higginson, President, 1872-Convention in Cooper Institute, New York-Two Hundred Young Women march in. Meeting in Plymouth Church-Letters from Louise May Alcott and Elizabeth Stuart Phelps-The Annual Meeting in Detroit-Julia Ward Howe, President - Letter from James T. Field - Mary F. Eastman Addresses the Convention. Bishop Gilbert Haven President for 1875-Convention Steinway Hall, New York-Hon. Charles Bradlaugh Speaks-Centennial Celebration, July 3d--Petition to Congress for a XVI. Amendment-Conventions in Indianapolis, Cincinnati, Washington, and Louisville.

It was during the summer of 1869 that the initiative steps in the formation of the American Woman Suffrage Association* were taken, and the following letter circulated:

BOSTON, August 5, 1869.

Many friends of the cause of woman suffrage desire that its interests may be promoted by the assembling and action of a convention devised on a truly National and representative basis for the organization of an American Woman Suffrage Association.

Without depreciating the value of Associations already existing, it is yet deemed that an organization at once more comprehensive and more widely representative than any of these is urgently called for. In this view, the Executive Committee of the New England Woman Suffrage Association has appointed the undersigned a Committee of Correspondence to confer by letter with the friends of woman suffrage throughout the country on the subject of the proposed convention.

We ask to hear from you in reply, at your earliest convenience. Our present plan is that the authority of the convention shall be vested in dele

The history of this Association from its formation is compiled by Harriot E. Stanton, from reports in The Agitator and Woman's Journal.

(756)

Call for its First Convention.

757 gates, to be chosen and accredited by the Woman Suffrage Associations existing, or about to be formed, in the several States of the Union. The number of delegates to be sent by each Association and the precise time of the meeting of the convention can be determined as soon as we shall have received such answers to our present application as shall assure us of an active and generous co-operation in the measure proposed, on the part c the addressed.

LUCY STONE,

T. W. HIGGINSON,

CAROLINE M. SEVERANCE,
JULIA WARD HOWE,

GEO. H. VIBBERT.

Soon after, the following call was issued:

The undersigned, being convinced of the necessity for an American Woman Suffrage Association, which shall embody the deliberate action of the State organizations, and shall carry with it their united weight, do hereby respectfully invite such organizations to be represented in a Delegate Convention, to be held at Cleveland, Ohio, November 24th and 25th, A.D., 1869. The proposed basis of this Convention is as follows:

The delegates appointed by existing State organizations shall be admitted, provided their number does not exceed, in each case, that of the Congressional delegation of the State. Should it fall short of that number, additional delegates may be admitted from local organizations, or from no organization whatever, provided the applicants be actual residents of the States they represent. But no votes shall be counted in the Convention except of those actually admitted as delegates. (Signed)

John Neal, Maine; Nathaniel White, Armenia S. White, William T. Savage, New Hampshire; James Hutchinson, Jr., Vermont; William Lloyd Garrison, Lydia Maria Child, David Lee Child, George F. Hoar, Julia Ward Howe, Gilbert Haven, Caroline M. Severance, James Freeman Clarke, Abby Kelly Foster, Stephen S. Foster, Frank B. Sanborn, Phebe A. Hanaford, Massachusetts; Elizabeth B. Chase, T. W. Higginson, Rowland G. Hazard, Rhode Island; H. M. Rogers, Seth Rogers, Marianna Stanton, Connecticut; George William Curtis, Lydia Mott, Henry Ward Beecher, Frances D. Gage, Samuel J. May, Celia Burleigh, W. H. Burleigh, Aaron M. Powell, Anna C. Field, Gerrit Smith, E. S. Bunker, New York; Lucy Stone, Henry B. Blackwell, John Gage, Portia Gage, Antoinette B. Blackwell, A. J. Davis, Mary F. Davis, New Jersey; Mary Grew, Pennsylvania; Thomas Garret, Fielder Israel, Delaware; Hannah M. Tracy Cutler, A. J. Boyer, Margaret V. Longley, J. J. Belleville, Miriam M. Cole, 8. Bolton, Ohio; Amanda Way, George W. Julian, Laura Giddings Julian, Lizzie M. Boynton, Indiana; Mary A. Livermore, C. B. Waite, Myra Bradwell, James B. Bradwell, Sharon Tyndale, J. P. Weston, Robert Collyer, Joseph Haven, Illinois; Moses Coit Tyler, James A. B. Stone, Mrs. H. L. Stone, Michigan; Lilie Peckham, Augusta J. Chapin, Wisconsin; Amelia Bloomer, lowa; Mrs. S. B. Stearns, Minnesota; Charles Robinson, Mrs. C. I. H. Nichols, John Ekin, D. D., J. P. Root, Kansas; Mrs. W. T. Hazard, Isaac H. Sturgeon, Mrs. Beverly Allen, James E. Yeatman, Mary E. Beede, J. C. Orrick, Mrs. George D. Hall, Missouri; Guy W. Wines, Charles J. Woodbury, Tennessee; Mary Atkins Lynch, Louisiana; Elizabeth C. Wright, Texas; Grace Greenwood, Dist. Columbia; A. K. Safford, Arizona; J. A. Brewster, California; Hon. G. C. Jones, Dowagiac, Hon. William S. Farmer, Eau Claire, Hon. T. W. Ferry, of Grand Haven; Hon. S. H. Blackman, Paw Paw, Rev. J. Straub, Lansing, and S. H. Brigham, editor of the Lansing Republican, Michigan; Mrs. Austin Adams, and Edna T. Snell, of Dubuque, Miss Mattie E. Griffiths, Prof. and Mrs. Belle Mansfield, Mt. Pleasant, T. M. Mills, Ed. Des Moines State Register, Ex-Gov. and Mrs. B. F. Gue, and Hon. Mr. and Mrs. Pomeroy, Ft. Dodge, Iowa; Mrs. J. C. Burbank, Mrs. Smith (State