woman
suffrage in Indiana, if you will send me, in writing, your opinion,
as a lawyer, in answer to the following question, giving your
reasons therefor: Can the legislature of this State empower women
to vote for presidential electors?
MARY F. THOMAS, _President I. W. S. A._
_Richmond, Ind._, December 30, 1880.
LAFAYETTE, Ind., January 5, 1881.
_Dr. Mary F. Thomas, President of Indiana Woman Suffrage
Association, Richmond, Indiana:_
DEAR MADAM: In your favor of the 30th ult., you ask my opinion
upon, to me, a novel and most interesting question, viz.: "Can the
legislature empower women to vote for presidential electors?" After
the most careful consideration which I have been able to give to
the subject, consistent with other duties, and with the aid of such
books as I have at command, I answer your question in the
affirmative. The grounds of my opinion I will proceed to state:
Section 1, article 2, of the Constitution of the United States,
which provides that the president and vice-president shall be
chosen by electors appointed by the several States, declares in
the following words how said electors shall be appointed:
Each State shall appoint in such manner as the legislature
thereof may direct, a number of electors, equal to the whole
number of senators and representatives to which said State may be
entitled in the congress, etc., etc.
Now, in the absence of any provision in the State constitution,
limiting or attempting to limit the discretion of the legislature
as to the manner in which the presidential electors shall be
chosen, there can be no doubt but that the legislature could
empower female, as well as male, citizens to participate in the
choice of presidential electors.
Section 2, article 2 of our State constitution is as follows: In
all elections, not otherwise provided for by this constitution,
every white male citizen of the United States, of the age of
twenty-one years, and upwards, who shall have resided in the State
during the six months immediately preceding such election * * * *
shall be entitled to vote in the township or precinct where he may
reside.
Two questions at once suggest themselves upon the reading of this
section: _First_--Does the section apply to elections of
presidential electors, and thus become a limitation upon the
discretion of the legislature in case it shall direct the
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