Page:History of Woman Suffrage Volume 3.djvu/114

84 And thus, during the passage of the thirteenth, fourteenth and fifteenth amendments, and the District suffrage bill, the question of woman suffrage was often and ably discussed in the Senate and House, and received both Republican and Democratic votes in its favor. Many able lawyers and judges gave it as their opinion that women as well as Africans were enfranchised by the fourteenth and fifteenth Amendments. Accordingly, we abandoned, for the time being, our demand for a sixteenth amendment, and pleaded our right of suffrage, as already secured by the fourteenth amendment—the argument lying in a nut-shell. For if, as therein asserted, all persons born or naturalized in the United States are citizens of the United States; and if a citizen, according to the best authorities, is one possessed of all the rights and privileges of citizenship, namely, the right to make laws and choose lawmakers, women, being persons, must be citizens, and therefore entitled to the rights of citizenship, the chief of which is the right to vote.

Accordingly, women tested their right, registered and voted—the inspectors of election accepting the argument, for which inspectors and women alike were arrested, tried and punished; the courts deciding that although by the fourteenth amendment they were citizens, still, citizenship did not carry with it the right to vote. But granting the premise of the Supreme Court decision, "that the constitution does not confer suffrage on any one," then it inhered with the citizen before the constitution was framed. Our national life does not date from that instrument. The constitution is not the original declaration of rights. It was not framed until eleven years after our existence as a nation, nor fully ratified until nearly fourteen years after the inauguration of our national independence.

But however the letter and spirit of the constitution may be interpreted by the people, the judiciary of the nation has uniformly proved itself the echo of the party in power. When the slave power was dominant the Supreme Court decided that a black man was not a citizen, because he had not the right to vote; and when the constitution was so amended as to make all persons citizens, the same high tribunal decided that a woman, though a citizen, had not the right to vote. An African, by virtue of his United States citizenship, is declared, under recent amendments, a voter in every State of the Union; but when a woman, by virtue of her United States citizenship, applies to the Supreme Court for protection in the exercise of this same right, she is remanded to the State, by the unanimous decision of the nine judges on the bench, that "the Constitution of the United States does not confer the right of suffrage upon any one." Such vacillating interpretations of constitutional law must unsettle our faith in judicial authority, and undermine the liberties of the whole people. Seeing by these decisions of the courts that the theory of our government, the Declaration of Independence, and recent constitutional amendments, have no significance for woman, that all the grand principles of equality are glittering generalities for her, we must fall back once more to our former demand of a sixteenth amendment to the federal constitution, that, in clear, unmistakable language, shall declare the status of woman in this republic