Page:History of Woman Suffrage Volume 2.djvu/599

Rh In the face of authorities like these, who shall deny that the right to vote is one of those privileges and immunities of citizenship, or that citizenship itself carries with it that highest right? Go into literature and you find the same definition; as, for instance, in the work which I hold in my hand entitled "Words and their Uses," by R. Grant White. He says:

Is it a mere question of privilege or immunity? It is a right which exists and so it is considered in all the law; so it is treated in the well-considered decisions on the subject, and by the text writers.

By the pledge which was given by the dominant party of the country in their last National Convention, by the allegiance which Democrats themselves owe to the Constitution of the United States, by the higher benefit which will be conferred upon society, upon the women themselves who are struggling for a chance in life, and upon men themselves by the purification of society, I ask that this amendment be adopted.

Mr. : I should like to ask the honorable Senator a question before he takes his seat. I understand that he denies the power of the Congress of the United States or of a State to exclude a female from voting, to make an exclusion based upon sex, because it would be an infringement of her rights as a citizen, under the meaning of that word in the Constitution, according to the construction given it by the courts. I should like to ask him whether he considers that an exclusion by reason of age is not just as arbitrary and unauthorized as the exclusion by reason of sex, and by what right can it be that a State or the United States shall arbitrarily fix a period in a person's life at which he shall attain his civil rights? In most of the States, and by the common law of England, the age of twenty-one years was fixed as what they term the majority, when a person becomes sui juris. Under the laws of the various States of this Union, following the laws of other civilized communities of older date, a period has been fixed in the life of man at which he attains his civil rights. Ordinarily it is at the age of twenty-one years; under the civil law it is twenty-five; it is so in France; it is so in Spain; it is so in the French and Spanish Colonies. Among the English-speaking people the age of twenty-one years is the period fixed. If the rights which have been spoken of by the Senator from Indiana and the Senator from California are inalienable, natural rights, are part and parcel of those "privileges and immunities" referred to by the Constitution of the United States, how can it be that a law, a mere arbitrary enactment by a State or by Congress, shall exclude a man who is twenty years and six months old from exercising those inalienable rights, those privileges and immunities which six months after, by the mere difference of time, they permit him to enjoy? I have stated the question at length for the purpose of letting the Senator from California answer it more fully.

Mr. : Mr. President, I do not think the Constitution prevents a regulation of the power to vote. The States unquestionably have a right to fix the time when voting shall take place, to fix the places where the voting shall be done, and they have the right to fix the age at which voting shall be exercised. But under the Constitution they have no power to prescribe a test which is not equally attainable by all persons. They have no right to