Page:History of Woman Suffrage Volume 2.djvu/604

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History of Woman Suffrage.

duty of voting—because I use those phrases as not having the peculiar meaning that the Senator from California imputes to them, is essential to the protection of the female sex as such, because, as I have said, the protection that the law gives them is now in all respects, where their rights or privileges come in collision with the rest of society, greater than is extended to men.

The Senator from Indiana insists—and he has a perfect right to do so, of course—that the right to vote is a natural right, and, therefore, if females are excluded from voting, as they are by the constitutions and laws of the various States, it is an infringement upon natural right, and that that infringement ought to be abolished. Of course, his conclusion is correct if his premises are true; but is the right to vote a natural right? Can the Senator refer me to the work of any writer upon natural or municipal law from the beginning of the world to the year 1860, which maintains, or asserts, or insinuates, or suggests that the right to vote in a political community is a natural right?

Mr. Morton: I do not call to mind any author.

Mr. Edmunds: No; the Senator does not. With candor he says so, because the Senator, learned in history as he is, knows, as the rest of us know, that there is no such thing. He knows that in all the discussions and all the turmoils of society where the rights of men and women in political respects, the rights of society at large, have been discussed and turned over and over and all manner of experiments in government tried and suggested, it never has been suggested that the right to participate in the government of a political community is a natural right belonging to every human being.

Mr. Morton: I ask the Senator, if there are natural rights, do not the natural and necessary means to protect those rights become a part of them? What is the right worth if that be denied?

Mr. Edmunds: I answer no, in the broad sense in which the Senator has put it. If he asks of me as to a state of nature, without being organized into any social or political community whatever, then I answer yes, and every man is what the civil writers called in old times a barbarian; and he is invested, upon his own judgment and in his own right, with the power of defending and affirming whatever natural rights he has against all comers, exactly as a nation stands in respect to another nation; no man has a right to impose upon him any restraint; no man has a right to demand from him any concession; he is absolutely independent; and when his rights or claims come in conflict with those of anybody else he "fights it out" or runs away. So far, there is natural right, no doubt, but I hope the Senator has not gone back quite so far from the present condition of the world as to wish to discuss questions of that kind. That is not what he means. What he means by natural rights no doubt is what organized communities recognize as things of natural right, and those are things which are inherent in the person but are regulated and limited and restrained according to the rights and necessities of all the other persons in the community. In an organized society the right of self-defense is not a natural right in the broad sense, so that under all circumstances A B or C D has a right to defend himself against all aggression. An officer may come to arrest me on a warrant issued by a court irregularly. I have not the right to slay the officer because he