f construction is:

Let the weak have the benefit of a doubt without defeating
the general object of a law. Let mercy prevail, if there be
real doubt. (Lieber's Hermeneutics, p. 144.)

Now, if mercy must prevail when there is real doubt, still more
should justice prevail if there is any doubt. If your honors have
any doubt in regard to this decision, I call upon you, not in the
name of mercy, but in the name of justice, to give us the benefit
of that doubt, and to recognize the right of all human beings to
govern themselves.

* * * * *

Chief Justice Cartter then delivered the opinion of the court,
sustaining the demurrer, which is as follows:

These cases, involving the same questions, are presented
together. As shown by the plaintiffs' brief, the plaintiffs claim
the elective franchise under the first section of the XIV.
Amendment of the Constitution. The fourth paragraph of the
regulations of the Governor and Judges of the District, made
registration a condition precedent to the right of voting at the
election of April 20th, 1871. The plaintiffs, being otherwise
qualified, offered to register, and were refused. They then
tendered their ballots at the polls, with evidence of
qualification and offer to register, etc., when their ballots
were rejected under the seventh section of the act providing a
government for the District of Columbia. Mrs. Spencer brings her
suit for this refusal of registration, and Mrs. Webster for the
rejection of her vote, under the second and third sections of the
act of May 31, 1870. The seventh section of the organic act above
referred to, limits the right to vote to "all male citizens," but
it is contended that in the presence of the XIV. Amendment, the
word male is without effect, and the act authorizes "all
citizens" to exercise the elective franchise. The question
involved in the two actions which have been argued, and which,
for the purposes of judgment, may be regarded as one, is, whether
the plaintiffs have a right to exercise within this jurisdiction,
the elective franchise. The letter of the law controlling the
subject is to be found in the seventh section of the act of
February 21, 1871, entitled, "An Act to provide a government for
the District of Columbia,"