Page:History of Woman Suffrage Volume 2.djvu/779

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Sex a Barrier and a Crime.
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cured by the United States, she has eight distinguished precedents in favor of her demand for National protection. No more inconsistent assertion was ever made than that the United States possesses no control over the suffrage. While by Circuit Court decisions, Supreme Court decisions, and decisions of courts of lesser degree, theoretically denying its control over the suffrage, the United States in many ways besides those mentioned, practically acknowledges its possession of this right. In the case of Miss Anthony and the fourteen other women of Rochester, N. Y., who voted in 1872, the great State of New York took no action at all in the matter; it was the General Government which thrust itself forward and took up the question. If the United States has no control over the suffrage then Miss Anthony's trial was a clear interference of the United States with the rights of States. And so great was this interference, it is believed the judge appointed to try her case left Washington with his verdict in his pocket already written.

Let none of my audience forget the various great trials of woman's right to vote under the XIV. Amendment, especially that of Mrs. Virginia L. Minor, who prosecuted the Inspector of Election in St. Louis for refusing to receive her vote, and whose case, coming finally for adjudication to the Supreme Court of the United States, decision was rendered against her on the plea that the ballot was under control of the respective States, and that the United States has no voters in the States of its own creation; which I have shown to be an ignorant, imbecile, and false plea. Neither let them forget that of Susan B. Anthony, decided against her on the ground that she was a woman at the time she voted. If States have the sole control of the suffrage, there was interference in the rights of the State of New York by her trial; and if United States citizens of any class have a right to be protected in the use of the ballot, then the United States very flagrantly and tyrannously interfered in Miss Anthony's individual right as a citizen of the United States.

In the near future these trials of women under the XIV. Amendment will be looked upon as the great State trials of the world; trials on which a republic, founded upon the acknowledged rights of all persons to self-government, through its courts decided against the right of one half of its citizens on the ground that sex was a barrier and a crime.

Then let us look at the territory of Wyoming. Much has of late been said in regard to women not making use of the ballot there. I care little about that statement one way or the other, as long as her right to vote is not interfered with. It will be time to require all women to vote when we have such a law for men; until then let each voter refrain from voting at his or her own option; it is not the vital question. But there is a point connected with woman's voting in Wyoming that is well worthy of our consideration. That is, the interference of the United States with the concomitants of this right. For a time the women of Wyoming sat upon juries, and the fact was heralded over the country that thieves, gamblers, murderers fled the territory rather than fall into the hands of these women jurors. The first conviction for a murder in that territory, not committed in self-defense, came from a mixed jury.

But of late we have ceased hearing of women jurors. And why? Because that sacred right has been interfered with by the United States. The