State, and silences every State Constitution, usage, or law
which conflicts with it.... And if this provision does
protect the colored citizen, then it protects every citizen,
black or white, male or female.... And all the privileges
and immunities which I vindicate to a colored citizen, I
vindicate to our mothers, our sisters, and our
daughters.--_Chicago Legal News_, vol. IV., No. 15.
It has been said, with how much or how little truth I do not
know, that the subject of securing to women the elective
franchise was not considered in the preparation or in the
adoption of these Amendments. It is wholly immaterial whether
that was so or not. It is never possible to arrive at the
intention of the people in adopting constitutions, except by
referring to the language used. As is said by Mr. Cooley, "the
intent is to be found in the instrument itself" (p. 55), and to
that I have confined my remarks. It is not a new thing for
constitutional and legislative acts to have an effect beyond the
anticipation of those who framed them. It is undoubtedly true,
that in exacting _Magna Charta_ from King John, the Barons of
England provided better securities for the rights of the common
people than they were aware of at the time, although the rights
of the common people were neither forgotten nor neglected by
them. It has also been said, perhaps with some truth, that the
framers of the original Constitution of the United States
"builded better than they knew;" and it is quite possible that in
framing the Amendments under consideration, those engaged in
doing it have accomplished a much greater work than they were at
the time, aware of. I am quite sure that it will be fortunate for
the country, if this great question of female suffrage, than
which few greater were ever presented for the consideration of
any people, shall be found, almost unexpectedly, to have been put
at rest. The opinion of Mr. Justice Bradley, in regard to this
Amendment, in the case above referred to, if I understand it,
corresponds very nearly with what I have here said. The learned
Judge, in one part of his opinion, says:
It is possible that those who framed the article were not
themselves aware of the far-reaching character of its terms.
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