cisive of this question, although the right involved in that case was
not that of the elective franchise. The learned justice says: "It was
very ably contended on the part of the defendants that the fourteenth
amendment was intended only to secure to all citizens _equal capacities
before the law_. That was at first our view of it. But it does not so
read. The language is: 'No State shall abridge the privileges or
immunities of citizens of the United States.' What are the privileges
and immunities of citizens? Are they capacities merely? Are they not
also rights?"

Senator Carpenter, who took part in the discussion of the fourteenth
amendment in the Senate, and aided in its passage, says: "The fourteenth
amendment executes itself in _every_ State of the Union.... It is thus
the will of the United States in every 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 awar