ids the States to make or
enforce any law which shall abridge "the privileges or
immunities" of a citizen. But whether the right to vote is
covered by the phrase "privileges and immunities," was much
discussed under the provisions of the old Constitution; and at
least one of the earliest decisions drew a distinction between
"privileges and immunities" and political rights. On the other
hand, Mr. Justice Washington, in a celebrated case, expressed the
opinion, that the right to vote and hold office was included in
this phrase. But in neither of the cases was this point directly
involved, and both opinions are _obiter dicta_ in relation to it.
But the XIV. and XV. Amendments seem to settle this question
against the right of female suffrage. These amendments seem to
recognize the distinction at first pointed out between
"privileges and immunities," and the right to vote. The XIV.
Amendment declares,
[Illustration: Myra Bradwell.]
All persons born and naturalized in the United States, etc.,
are citizens of the United States, and of the State wherein
they reside.
Of course, women, as well as men, are included in this provision,
and recognized as citizens. This Amendment further declares:
No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States.
If the privileges and immunities of a citizen can not be
abridged, then, of course, the privileges and immunities of all
citizens must be the same. The second section of this Amendment
provides that
Representatives shall be apportioned among the several
States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians,
not taxed. But when the right to vote at any election, etc.,
is denied to any of the male inhabitants, being twenty-one
years of age, etc., the basis of representation therein
shall be reduced in the proportion which the number of such
male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State.
It can not be denied, that the right or power of a State to
exclude a portion of its male citizens from the right to vote, is
recognized by th
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