Democratic Ideals (Brown)/Chapter 9
CHAPTER IX
FEDERAL SUFFRAGE CIRCULAR
The following circular giving the list of the officers of the Association and a resume of its progress was prepared by Mrs. Colby in the spring of 1916 just before she started on her fatal journey to the West. Although the substance of the circular has been given elsewhere, yet it is published here because it was Mrs. Colby's last work for the suffrage society.
Federal Suffrage Association
Of The United States
President—Rev. Olympia Brown, Racine, Wisconsin.
Vice-Presidents—Elizabeth Lowe Watson, Cupertino, California; Mary Terry, Washington, D. C.; Mrs. Wm. Kent, Calif.
Record Secretaries—Martha Mitchell Hoyt, 4114 Emery Place, Washington, D. C
Treasurer—Clara W. MacNaughton, Washington, D. C.
Auditors— Dr. Elnora C. Folkmar. Washington, D. C.; Gwendolen B. Willis, Baltimore, Md.
Honorary President— The late Belva A. Lockwood, L. L. D., Washington, D. C.
Honorary Vice-Presidents (Representing the Free States) — Wyoming 1—Senator Clarence D. Clark; Hon. Frank W. Mondell. Colorado—Senator John F. Shafroth, Hon. B. C. Hilliard. Idaho—Senator James H. Brady, Hon. Addison G. Smith. Utah—Hon. James H. Mays.
Washington—Senator Miles Poindexter, Hon. Wm. L. La Follette.
California—Senator John D. Works, Hon. John E. Raker. Oregon—Senator Geo. E. Chamberlain, Hon. W. J. Sinnott. Kansas—Senator W. H. Thompson. Hon. P. P. Campbell.
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Arizona—Hon. Carl Hayden.
Montana— Senator Thos. J. Walsh, Hon. John M. Evans. Nevada— Hon. E. E. Roberts. Alaska—Hon. James Wickersham. Illinois— Hon. Wm. B. McKinley.
Advisory Council—Senator Frances W. Munds, Arizona; Hon. Burton L. French, Idaho; Mrs. Miles Poindexter, Washington; Mrs. Mary Wright Sewall, Indiana; Mrs. Henrietta BriggsWall, Kansas; Miss Emily Howland, New York; Mrs. L. Bracket* Bishop, Illinois; Mrs. Andrea Hofer-Proudfoot, Illinois; Mrs. Mary Smith Haywood, Nebraska; Mrs. Mary S. Lockwood, Washington, D. C.; Mrs. Jean Brooks Greenleaf, New York; Mrs. Sarah V. Pugh, New Jersey; Mrs. C. P. Crosby, Wisconsin; Mrs. Van. Coleman, California.
"The purpose of the Federal Suffrage Association of the United States is to obtain the passage of an Act protecting women citizens of all the States in the exercise of the right to vote for Members of Congress. It is based on two propositions: That women have the right to vote under the Constitution of the United States as originally framed; and that Congress can bring this right into activity as far as it relates to the vote for members of Congress.
The first bill for his purpose was introduced by Senator Chas. F. Manderson of Nebraska, in 1889. Bills were also introduced in the House in 1892 and 1894. The Federal Suffrage Association was formed in 1902 to continue the work, and since that time bills have been before Congress continuously and a number of hearings have been given. The latest was on March 27, 28, 1916, on H. R. 379, introduced by Judge J. E. Raker of California, who made the opening argument in its behalf. Hon. Burton L. French championed
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the measure for ten years and gave a comprehensive argument on its constitutionality before the House Committee which appears in our hearing of December, 1914. This was introduced by him in the House and published in the Congressional Record of February 18, 1915.
There are many political and ethical reasons why women of all the States should equally have the rights of national citizenship; and why all members of Congress should have the same constituency. Women now vote for twenty-two U. S. Senators and forty-one Representatives. This makes the question of their voting for members of Congress in all the States of national and international importance.
There is not a link wanting in the chain of evidence to show that this measure is constitutional and feasible.
The Articles of Confederation Pledged the Right of Suffrage to Women.
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The Articles of Confederation, adopted November 15, 1777, secured to all free inhabitants of each State the privileges and immunities of free citizens in the several States. In a suit brought to determine the rights of a citizen under this clause, Justice Washington held that "privileges and immunities" included the right to vote and hold office. Women were "free inhabitants" and were
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voting then in New Jersey. Therefore, free women in all the States were pledged the same rights possessed by the women of New Jersey.
The Legislature of South Carolina did not at first accept the Articles, but returned them to Congress, asking that intercitizenship should be confined to "white males." Congress refused to put a limitation in the Constitution. Hence there was no sex barrier placed at the threshold of our Government.
Women Are People.
Women were manifestly included when the Declaration of Independence was issued, as it said, "In the name, and by the authority of the good people of these Colonies, etc."
Women were part of the "people" referred to in the preamble to the Constitution: "We, the people *** to secure to ourselves and our posterity," etc.
By common law and daily practice women are included in the word "people" in the Articles of Amendment—I, II, IV, and IX — which protect the civil rights of both sexes alike.
Plainly, if women were included in the term "people" as the word occurs six times in the Constitution, inferentially "women" were meant by "people" in the one other occurrence of the word, which is in Article
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I, Section 2: "The House of Representatives shall be composed of members chosen every second year by the people of the several States." This, Justice Story said, "conferred a general citizenship on the citizens of each State."
In Wells vs. Bain, Judge Agnew, referring to the axiom that all just government is founded on the consent of the people, said: "The people here meant are the whole, those who constitute the entire State, male and female citizens."
Under the constitution of New Jersey women voted for the members of the Constitutional Convention of 1787, therefore they had a part in framing the Constitution, and they voted for the delegates to the New Jersey Convention which ratified the Federal Constitution. What a farce it is to construe the Constitution which women had helped to establish for the Nation which they had to establish for the Nation, which they had helped to build, in such a way as to prevent was framed to secure!
Woman Is a Citizen.
Women tried to vote under the Fourteenth and Fifteenth Amendments—Miss Anthony and many others. Mrs. Minor took her case from the Missouri courts to the United States Supreme Court. The Court decided that the
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Fourteenth Amendment did not make women citizens, because they had always been citizens. The case has no bearing on our claim save that it decided for all time that women are citizens and entitled to the "privileges and immunities" of citizenship. The Supreme Court has three times ruled that citizenship and suffrage are inseparable. Before the negro was made a citizen it was ruled that the negro, not being a citizen, could not be a voter. After the Fourteenth Amendment made him a citizen it was ruled in two cases that, being a citizen, he was now a voter. If citizenship gives suffrage to the negro and does not to the woman, then his citizenship is grander and more inclusive than hers.
Qualifications for Electors.
Article I, Section 2, says: 'The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." This does not give the State the right to make sex a qualification, for it cannot be a qualification. The Federal Bill provides that women shall be subject to the same qualifications as men.
Congress Has Power to Protect Citizens in Their Right to Vote.
The Constitution further provides that Congress may at any time by law make regulations for time, place and manner of holding
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elections for Senators and Representatives, or may alter regulations made by the States. James Madison, being asked to explain this reserved right of control, said: "Should the people of any State by any means be deprived of the right of suffrage it was deemed proper it should be remedied by the general Government."
In the case of Wiley v. Sinkler, the Court said: "The right to vote for members of the Congress of the United States has its foundation in the Constitution of the United States." In the Siebold case the Court said that the State could make regulations, and Congress could make regulations, and those made by Congress were paramount and superseded those made by the States.
Other Work of the Year
During the year past the Association held a Congress in connection with the PanamaPacific International Exposition, at San Francisco, A letter from the Director of Congresses, under date of March 27, says: "You will be interested in knowing that 'Federal Suffrage Day' (July 13, 1915) was, in point of attendance, one of the largest convention special days. A total of 56,255 people passed through the gates on that day." In grateful recognition of the opportunities afforded by the Exposition, the Association held a public meeting, December 4, in Washington, to par participate in the closing exercises of the Exposition.
The Santa Clara County officials entertained the Association, and among the meetings and receptions arranged for was a very enjoyable occasion at the home of our vice-president, Mrs. Watson. Federal Suffrage Day was held at the San Diego Exposition by request of the management.
The Association had representation in the Women's Peace Party, and has become auxiliary to the National Council of Women of the United States, which gives it international relations.
Membership
The membership of the Association is national, and all who read this are invited to join. Annual fee, $1. Sustaining membership $10. Further information and argument can be obtained by addressing any of the officers.
While we must work along all lines until full suffrage is secured for all women, our demand, based on the Constitution, adds dignity to the whole movement, and lays upon men the responsibility of protecting women in their heritage of liberty according to the foundation principles of our Government.
304 Indiana Ave., Washington, D. C. March, 1916