of the people. In fact, the people of
each State have gone much further, and settled a far more
critical question, by deciding who shall be the voters
entitled to approve and reject the constitution framed by a
delegated body under their direction. In the adoption of no
State constitution has the assent been asked of any but the
qualified voters; and women, and minors, and other persons
not recognized as voters by existing laws, have been
studiously excluded. And yet the constitution has been
deemed entirely obligatory upon them as well as upon the
minority, who voted against it. From this it will be seen
how little, even in the most free of republican governments,
any abstract right of suffrage, or any original and
indefeasible privilege, has been recognized in practice.
This, remember, was written thirty years ago. Where would Story
be now, if living? I beg also to read a single paragraph from the
"Spirit of Laws," London edition, vol. I., p. 220:
"All the inhabitants of the several districts ought to have
the right to vote at the election of the representatives,"
etc.
All of the inhabitants, says Montesquieu, ought to have the right
to vote. Under such a rule I suppose my learned opponent would
contend that a woman could not be an inhabitant, of course. I
feel that I ought to apologize for presenting this point to this
extent; it is so obvious, and rests on such broad and ample
ground, that argument for it is without excuse, and I rest it
here. So that if you consider this XIV. Amendment as a grant from
the sovereign, then, like all such grants, you must take it most
strongly against the grantor, and most favorable to the subject.
And if, as I have shown, it is in favor of natural right, then
must you construe it most strongly to extend that right. No court
needs authority for these propositions.
The SECOND proposition of my brief is, _that by the old common
law of our English ancestors, the old storehouse of our rights
and liberties, as well as the arsenal where we find weapons for
their defense, woman always possessed this right of suffrage_.
I will show by several English cases, by long usage, and general
understanding, by principle and preced
|