.

This condition demonstrates that the right to vote ought not to
be, and is not, an absolute right. The fact that the practical
working of the assumed right would be destructive of civilization
is decisive that the right does not exist.... It will be seen by
the first clause of the XIV. Amendment, that the plaintiffs, in
common with all other persons born in the United States, are
citizens thereof, and, if to make them citizens is to make them
voters, the plaintiffs may, of right, vote. It will be inferred
from what has already been said, that to make a person a citizen
is not to make him or her a voter. All that has been accomplished
by this Amendment to the Constitution, or by its previous
provisions, is to distinguish them from aliens, and make them
capable of becoming voters.

In giving expression to my own judgment, this clause does advance
them to full citizenship, and clothes them with the capacity to
become voters. The provision ends with the declaration of their
citizenship. It is a constitutional provision that does not
execute itself. It is the creation of a constitutional condition
that requires the supervention of legislative power in the
exercise of legislative discretion to give it effect. The
constitutional capability of becoming a voter created by this
Amendment lies dormant, as in the case of an infant, until made
effective by legislative action. Congress, the legislative power
of this jurisdiction, as yet, has not seen fit to carry the
inchoate right into effect, as is apparent in the law regulating
the franchise of this District. When that shall have been done,
it will be the pleasure of this court to administer the law as
they find it. Until this shall be done, the consideration of
fitness and unfitness, merit and demerit, are considerations for
the law-making power. The demurrer in these cases is sustained.

After the reading of the opinion of the Court by Chief Justice
Cartter, Mr. Riddle, counsel for the plaintiffs, in open court, prayed
an appeal to the Supreme Court of the United States. And that highest
tribunal affirmed the decision of Judge Cartter.

This contradictory decision of Judge Cartter averring that the XIV.
Amendment clothed women with the capacity to become voters, but did
not create them voters, afforded opportunity for critic