Page:History of Woman Suffrage Volume 3.djvu/169

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Minority Report
137

vidual concerned can rightfully restrain its exercise. The committee concede that women ought to be clothed with the ballot in any State where any considerable part of the women desire it. This is a pretty serious confession. On the vital, fundamental question whether the institutions of this country shall be so far changed that the number of persons in it who take a part in the government shall be doubled, the judgment of women is to be and ought to be decisive. If woman may fitly determine this question, for what question of public policy is she unfit? What question of equal importance will ever be submitted to her decision? What has become of the argument that women are unfit to vote because they are dependent on men, or because they are unfit for military duty, or because they are inexperienced, or because they are without power to enforce obedience to their laws?

The next argument is that by the present arrangement the administration of justice is so far perverted that one-half the citizens of the country have an advantage from the sympathies of juries and judges which "would warrant loud complaint" on the part of the other half. If this be true, it is doubtless due to an instinctive feeling on the part of juries and judges that existing laws and institutions are unjust to women, or to the fact that juries composed wholly of men are led to do injustice by their susceptibility to the attractions of women. But certainly it is a grave defect in any system of government that it does not administer justice impartially, and the existence of such a defect is a strong reason for preferring an arrangement which would remove the feeling that women do not have fair play, or for so composing juries that, drawn from both sexes, they would be impartial between the two.

The final objection of the committee is that "such a change should be made, if at all, by the States. Three-fourths of the States should not force it upon the others. Whenever any considerable part of the women in any State wish for the right to vote, it will be granted without the intervention of congress." Who can doubt that when two-thirds of congress and three-fourths of the States have voted for the change, a considerable number of women in the other States will be found to desire it, so that, according to the committee's own belief, it can never be forced by a majority on unwilling communities? The prevention of unjust discrimination by States against large classes of people in respect to suffrage is even admitted to be a matter of national concern and an important function of the national constitution and laws. It is the duty of congress to propose amendments to the constitution whenever two-thirds of both houses deem them necessary. Certainly an amendment will be deemed necessary, if it can be shown to be required by the principles on which the constitution is based, and to remove an unjust disfranchisement from one-half the citizens of the country. The constitutional evidence of general public demand is to be found not in petitions, but in the assent of three-fourths of the States through their legislatures or conventions.

The lessons of experience favor the conclusion that woman is fit for a share in government. It may be true that in certain departments of intellectual effort the greatest achievements of women have as yet never