Page:History of Woman Suffrage Volume 2.djvu/577

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Mr. Sargent Points to Wyoming.
547

not do. Then, if women are citizens of the United States, and there is no right to abridge the privileges and immunities of citizens of the United States, as proclaimed by the supreme law of the land, what are these privileges and immunities? Grant White, in his able work on "Words and Their Uses," defines, on page 100, the privileges and immunities of citizens, and among them gives the right to vote and the right to hold office. Webster gives the same definition of the word "citizen" and so does Worcester, and Bouvier's Law Dictionary speaks expressly of these rights of citizens of the United States to vote and hold office; and there is little adverse authority to these definitions.

The Constitution, if it needs construction at all—and it would hardly seem to need it in a case so plain as this—must be construed by the ordinary and authoritative use of the words contained in it; and here is both the ordinary and the authoritative use of those words. This matter has not been without judicial construction. In the Circuit Court Reports (4 Washington, 371), it was held that these privileges and immunities included the right to hold office and to exercise the elective franchise; and this view was adopted by Chancellor Kent in his Commentaries, volume II., page 71. So that both by United States courts and the best and highest commentary upon the laws of the United States the construction which I contend for of the XIV. Amendment is insisted upon and ably illustrated. The considerations which I have urged address themselves not merely to Republicans, they address themselves with great force to my Democratic friends who are such sticklers for the Constitution. Although that is true, nevertheless the Republican party has pledged itself especially to a respectful consideration of these demands in its last national platform, and it has control of both Houses of Congress and of the executive department.

Passing from that consideration, we have all persons born or naturalized in the United States declared by the Constitution to be citizens; and we have the meaning of the word "citizen" given by our courts, by our lexicographers, by our law commentators; we have further their "privileges and immunities" settled by all these authorities to include the right to vote and the right to hold office. In consonance with this organic law, the policy of which is not open to discussion because it has been adopted according to all the legal forms by the people of the United States, I offer this amendment.

Were this the time and place, and were not the discussion foreclosed by the considerations which I have already advanced, I might speak at some length upon the advantage which there would be in the admission of women to the suffrage. I might point with some pride to the experiment which has been made in Wyoming, where women hold office, where they vote, where they have the most orderly society of any of the Territories, where the experiment is approved by the executive officers of the United States, by their courts, by the press, and by the people generally; and if it operates so well in Wyoming, where it has rescued that Territory from a state of comparative lawlessness to one of the most orderly in the Union, I ask why it might not operate equally well in the Territory of Pembina or any other Territory? I hope the time is not far distant when some of the older States of the Union like New York, or Massachusetts, or Ohio.