Page:History of Woman Suffrage Volume 3.djvu/469

426 Mr. Edwin G. Halbert of Broome also introduced a bill in the Senate, for a constitutional amendment, to secure to women the right of suffrage, which was passed by that conservative body just before its adjournment. Meantime Mr. Wilcox urged the passage of the bill to prohibit disfranchisement, which was brought to a third reading in the Assembly. He prepared and circulated among the members of the legislature a brief, showing their power to extend the suffrage. The argument is unanswerable, establishing the fact that women had voted through the early days of the Colonies, and proving, by unanswerable authorities, their right to do so; thus establishing the right of women to vote in 1885. Mr. Wilcox' researches on this point will prove invaluable in the enfranchisement of woman, as his facts are irresistible. Following is the proposed bill:

to Prohibit Disfranchisement.

Introduced in the Assembly by Hon. Alex. F. Andrews, March 31, 1880. Reported by the Judiciary Committee for consideration, May 24. Ordered to third reading, May 27. Again so reported, unanimously, March 16, 1881. Again ordered to third reading, May 3, 1881, ayes 60, noes 40. Vote on passage, May 11, 1881; ayes 59, noes 55, majority 4. (65 necessary to pass).

Whereas; the common law entitles women to vote under the same qualifications as men; and

Whereas, said common law has never been abrogated in this State; and

Whereas, a practice nevertheless obtains of treating as disfranchised all persons to whom suffrage is not secured by express words of the constitution; and

Whereas, the constitution makes no provision for this practice, but on the contrary declares that its own object is to secure the blessings of freedom to the people, and provides that no member of this State shall be disfranchised or deprived of any of the privileges secured to any citizen unless by constitutional provision and judicial decision thereunder; and

Whereas, this practice, despite the want of authority therefor, has by continuance acquired the force of law; and

Whereas, many citizens object to this practice as a violation of the spirit and purpose of the constitution, as well as against justice and public policy; and

Whereas, the legislature has corrected this practice in repeated instances, its power to do so being in such instances fully recognized and exercised; therefore

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

. Every woman shall be free to vote, under the qualifications required of men, or to refrain from voting, as she may choose; and no person shall be debarred, by reason of sex, from voting at any election, or at any town meeting, school meeting, or other choice of government functionaries whatsoever.

2. All acts and parts of acts inconsistent with this act, are hereby repealed.

3. This act shall take effect immediately.

Various memorials were sent to the legislature in behalf of this bill, and a hearing was granted to its advocates. The Assembly