Mr. Sargent.—In the same connection I move in the first line of section 5 to strike out the word "male," so as to read "every inhabitant of the United States."
The President pro tempore.—The question is on the amendment of the Senator from California.
Mr. Sargent.—At the time when the last National Convention of the Republican party assembled in Philadelphia, which nominated General Grant for his second term, there was assembled a body of able, respectable ladies of the United States, who urged upon that convention a consideration of the subject involved in the amendment which I propose; and as a concession to the demand made by those persons, a plank was inserted in the platform whereby it was declared that the Republican party would treat with consideration the claims of women to be admitted to additional rights. Since that time, although the Republican party has had a two-thirds majority in both Houses of Congress and elected the President of its choice, and now has full power and has had ever since the assembling of this Congress to carry out this promise, not one step has been taken in this direction. It has not been for want of petition or solicitation. It certainly has not been because the matter has not been called to the attention of both Houses of Congress, for petition after petition has been presented, and no action has been taken except adverse action in the other House, the committee reporting back those petitions with the recommendation that the prayer be not granted. In the Senate we have not yet been favored with the views of the committee to whom those petitions were referred. Considering that a great constitutional question was involved, it might be assumed that these subjects would receive very early attention at the hands of the committees of the Senate; but up to this time we have had no light on the matter.
I believe, Mr. President, that the amendment which I offer to this bill is justified by the organic law of the United States, and in fact required by that law. Before the adoption of the XIV. and XV. Articles of Amendment to the Constitution of the United States women were hedged from the ballot-box by the use of the word "male." Since that time another rule has been prescribed by the organic law, giving to all citizens of the United States the right to exercise this highest privilege of a citizen. By the XIV. Article of Amendment it is provided that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This most important declaration is now the organic law of the United States. It does not say "all males born or naturalized in the United States," but "all persons," and it can not be contended successfully that a woman is not a person, and not a person within the meaning of this clause of the Constitution.
This being the status of all individuals, male and female, they being citizens of the United States, it is provided that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law." Of course if any State is prohibited from doing this, any Territory should be prohibited from doing it, because no Territory can constitutionally do that which a State itself can