Page:History of Woman Suffrage Volume 3.djvu/1056

Rh (c). .—The constitution specifies none but "citizens" as entitled to vote; yet the legislature, by a school law of many years' standing, allowed aliens to vote for school functionaries, on filing with the secretary of state notice of intention to become naturalized (1 R. S., art. 2, § 1, p. 65; 2R. S., 63, $12; 2R.S., 1,096, § 31).

(d). .—The proprietors of swamp-lands in the town of Northfield, Richmond county, were authorized to elect directors of drainage, without any restriction or qualification but ownership (Session Laws 1862, ch. 80, § 2, p. 233).

(e). The taxpayers of Newport, Herkimer county, were authorized to vote on the question of issuing bonds to raise money fora town-house. Under this law women who were taxpayers voted (Act April 9, 1873, Session Laws, ch. 187, § 3, p. 304).

(f). The taxpayers of Dansville, Livingston county, were authorized to vote on the issue of water-bonds. Under this act women voted (Act April 24, 1873, Session Laws, ch. 285, § 4, p. 409).

(g). The taxpayers of Saratoga Springs were authorized to vote on the question of issuing bonds for the construction of an additional water-main. Under this ninetynine women voted (Act May 13, 1876, Session Laws, ch. 254, § 4, p. 250).

VII. .—If the legislature can admit aliens to vote at school-meetings, it can admit female citizens to do so.

VIII. .—1. The federal constitution provides that electors of president and vice-president shall be appointed "in such manner as the legislature thereof may direct" (Art. 2, § 2).

2. It also provides that "this constitution shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding" (Art. 6, § 2).

3. The legislature has the power under the federal constitution to provide whatever method it may choose for the appointment of the electors. The courts have no power to interfere, and even an executive veto would have no force. The legislature has sole and full power to say who may vote for electors and how the election shall be held. 7

common law of England as modified by English statutes prior to the Revolution has been formally adopted either by constitutions and statutes or assumed by courts of justice as the law of the land in every State save Louisiana, and in the absence of positive statutes is the common law of the United States. To understand the legal status of woman in Pennsylvania it is therefore necessary, First—To ascertain her condition under the common law; Second—How this law has been modified in this State by statutes.

By the common law, which Lord Coke calls "the perfection of reason," women arrive at the age of discretion at twelve, men at fourteen; both sexes are of full age at twenty-one, entitled to civil rights, and if unmarried and possessed of freehold, they are equally entitled to the exercise of political rights (Blackstone, I., 463; IV., 212; Bouvier's Institutes, 156, 157; Decisions of English courts in 1612, quoted in 7 Mod, Rep., 264).

"By marriage, the husband and wife are one person in law"; that is, the legal existence of the woman is "merged in that of her husband." He is her "baron," or "lord," bound to supply her with shelter, food, clothing and medicine, and is entitled