alization_ is expressly withheld
from the States, and as the States clearly have no right to
deprive of the franchise naturalized citizens, among whom women
are expressly included, still more clearly have they no right to
deprive native-born women citizens of the franchise.
In support of these resolutions various portions of the National
Constitution were quoted, including Article IV, Section 2: "The
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States;" and Section 4: "The
United States shall guarantee to every State in this Union a
republican form of government." Many other authorities were cited,
including numerous court decisions, as to the right of women to the
suffrage now that their citizenship had been clearly established and
the protection of its privileges and immunities guaranteed.
This position was sustained by many of the best lawyers in the United
States, including members of Congress. The previous May the National
Woman Suffrage Association had been formed in New York City, and
henceforth this right to vote under the Fourteenth Amendment was made
the keynote of all its speeches, resolutions, etc., as will be seen in
the History of Woman Suffrage, Vol. II, Chap. XXIII.
For the first time the Federal Constitution had defined the term
"citizen," leaving no doubt that a woman was a citizen in the fullest
meaning of the word. Until now there had been but one Supreme Court
decision on this point--that of Chief Justice Taney in 1857, in the
Dred Scott Case, which declared that citizens were "the political body
who, according to our republican institutions, form the sovereignty
and hold the power, and conduct the Government through their
representatives." This plainly had barred negroes and white women from
citizenship.
At the next general election, in 1872, women attempted to vote in many
parts of the country, in some cases their votes being received, in
others rejected.[5] The vote of Miss Anthony was accepted in
Rochester, N. Y., and she was then arrested for a criminal offense,
tried and fined in the U. S. Circuit Court at Canandaigua, by
Associate Justice Ward Hunt of the U. S. Supreme Court. There is no
more flagrant judicial outrage on record. The full account of this
case, in which she was refused the right of trial by jury as
guaranteed by the Constitution, will be found in Vol. II, History of
Woman Suffrage, p. 627 and f
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