Page:History of Woman Suffrage Volume 2.djvu/439

Rh Opposed to this provision of the Constitution, by the XV. Amendment you have established an aristocracy of sex, sanctioning the unjust legislation of the several States, which make all men nobles, all women serfs. Justice and equity can only be attained by having the same laws for men and women in the District as well as the State.

A further investigation of the subject will show that the language of the constitutions of all the States, with the exception of those of Massachusetts and Virginia, on the subject of suffrage is peculiar. They almost all read substantially alike. "White male citizens, etc., shall be entitled to vote," and this is supposed to exclude all other citizens. There is no direct exclusion, except in the two States above named. Now the error lies in supposing that an enabling clause is necessary at all. The right of the people of a State to participate in a government of their own creation requires no enabling clause; neither can it be taken from them by implication. To hold otherwise, would be to interpolate in the constitution a prohibition that does not exist. In framing a constitution the people are assembled in their sovereign capacity; and being possessed of all rights and all powers, what is not surrendered is retained. Nothing short of a direct prohibition can work a deprivation of rights that are fundamental.

In the language of John Jay to the people of New York, urging the adoption of the Constitution of the United States, "silence and blank paper neither give nor take away anything," and Alexander Hamilton says (Federalist, No. 83), "Every man of discernment must at once perceive the wide difference betwen silence and abolition." The mode and manner in which the people shall take part in the government of their creation may be prescribed by the constitution, but the right itself is antecedent to all constitutions. It is inalienable, and can neither be bought, nor sold, nor given away. But even if it should be held that this view is untenable, and that women are disfranchised by the several State Constitutions directly, or by implication, then I say that such prohibitions are clearly in conflict with the Constitution of the United States and yield thereto.

The proposition is now before the people of the District to abolish the municipal government and reduce this to a mere territory, which is clearly retrogressive legislation; as in the former, the chief magistrate is elected by the people and in the latter appointed by the President. In your civil rights bill, compelling black and white to vote together, to go to school together, to ride in the cars together, you have taken a grand step in progress. If in the proposed bills soon to come before you for the establishment of a medical college in the District, and an improved school system, you shall as carefully guard the rights of women to equal place and salary, you will take another onward step. In making the changes you propose, it is evident you are doing to-day an elementary work in which all the people should have a voice; hence, your primal duty is to extend to the women of the District the right of suffrage, that they may vote on the schools, colleges, hospitals, prisons, and whether their government shall be republican with a Representative in Congress, municipal officers, or territorial with a Governor appointed by the President. In doing such fundamental work, many distinguished