, in
the course of his opinion, after alluding to the feudal idea of
the character of the sovereign in England, and giving some of the
reasons why he was not subject to suit before the courts of the
kingdom, says:
The same feudal ideas run through all their jurisprudence,
and constantly remind us of the distinction between the
prince and the subject. No such ideas obtain here. At the
Revolution the sovereignty devolved on the people; and they
are truly the sovereigns of the country, but they are
sovereigns without subjects (unless the African slaves among
us may be so called), and have none to govern but
themselves; the citizens of America are equal as
fellow-citizens, and as joint tenants in the sovereignty.
Now I beg leave to ask, in case this charge against Miss Anthony
can be sustained, what equality and what sovereignty is enjoyed
by the half of the citizens of these United States to which she
belongs? Do they not, in that event, occupy politically exactly
the position which the learned Chief-Justice assigns to the
African slaves? Are they not shown to be subjects of the other
half, who are the sovereigns? And is not their political
subjection as absolute as was that of the African slaves? If that
charge has any basis to rest upon, the learned Chief-Justice was
wrong. The sovereigns of this country, according to the theory of
this prosecution, are not sovereigns without subjects. Though two
or three millions of their subjects have lately ceased to be
such, and have become freemen, they still hold twenty millions of
subjects in absolute political bondage. If it be said that my
language is stronger than the facts warrant, I appeal to the
record in this case for its justification.
As deductions from what has been said, I respectfully insist,
1st, That upon the principles upon which our government is based,
the privileges of the elective franchise can not justly be denied
to women. 2d. That women need it for their protection. 3d. That
the welfare of both sexes will be promoted by granting it to
them.
It would not become me, however clear my own convictions may be
on the subject, to assert the right of women, under our
Constitution and laws as they now are, to vote at Presidential
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