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Moral warfare costs not only heart's blood, but treasure.
Women are offering their very souls in behalf of mankind. Can men
do less than empty their pockets for the good of the race?

And there is one thing more that men can and must do before the
reign of justice and equality can be inaugurated. They, being
voters, must pledge themselves in their own breasts, and to one
another, that they will vote for such candidates in either party
as are in favor of woman suffrage, and for no others. Such
proceedings would settle the question in less than a year, and
the peaceful working of a new _regime_ would prove the wisdom and
patriotism of these faithful souls before the whole world. We
confidently believe that there are at least 300,000 voters to-day
who desire to share the burdens and responsibilities of
government with their mothers, wives, and sisters. Let them
combine and speak the sovereign words, "Principle before party,"
and the day is won.

Mrs. Hooker and other ladies united in a memorial, which was presented
in the Senate and referred to the Judiciary Committee, asking for a
recognition of the rights of women under the XIV. Amendment, and
asking further that the advocates of the cause be heard at the bar of
the Senate. Mr. Trumbull, the chairman of the committee, was not
willing for this; but, at Mrs. Hooker's solicitation, he agreed to
lay the subject before the committee, and it was finally agreed that a
hearing should be given on Friday morning, January 10th, at 11
o'clock.

_To the Honorable Senate and House of Representatives of the
United States in Congress assembled:_

The undersigned, citizens of the United States, believing that
under the present Federal Constitution all women who are citizens
of the United States have the right to vote, pray your honorable
body to enact a law during the present session that shall assist
and protect them in the exercise of that right.

And they pray further that they may be permitted, in person, and
in behalf of the thousands of other women who are petitioning
Congress to the same effect, to be heard upon this memorial
before the Senate and House at an early day in the present
session. We ask your honorable body to bear in mind that while
men are represented on the floor of Congress, and so may be said
to be heard there, women who are allowed no vote, and therefore
no representation, can not truly be heard except as Congress
shall open its doors to us in person.

ELIZABETH CADY STANTON.
ISABELLA BEECHER HOOKER.
ELIZABETH L. BLADEN.
OLYMPIA BROWN.
SUSAN B. ANTHONY.
JOSEPHINE S. GRIFFING.

Hartford, Conn., December 12, 1871.


* * * * *


SENATE OF THE UNITED STATES, COMMITTEE ON THE JUDICIARY,}
WASHINGTON, January 10, 1872 }

MADAM: The Committee on the Judiciary, to whom was referred the
memorial of yourself and others, asking to be heard before the
Senate in behalf of the constitutional right of women to vote,
and modified by your letter of this morning, so as to ask that
the committee hold a public meeting in the Senate Chamber for
that purpose, have concluded that it would not be consistent with
the usage and rules of the Senate to admit memorialists to appear
and advocate their claims before the Senate, nor for the
committee to ask the use of the Senate Chamber for public
discussion before them.

The committee would, however, be happy to receive any
communication you and the other memorialists may think proper to
make, or, if the memorialists prefer to present their views in
person, the committee will hear them in its committee-room at 11
o'clock A.M., next Friday morning.

Very respectfully, LYMAN TRUMBULL,
_Chairman of the Committee on the Judiciary._

MRS. ISABELLA BEECHER HOOKER.

Accordingly the hearing being granted, at the appointed hour the whole
convention adjourned to the Capitol, crowding not only the committee
room but the corridors, thousands of eager, expectant women struggling
to gain admission. The committee,[148] seated round a large table,
manifested a respectful attention to each speaker in turn,
complimenting them warmly at the close.

MRS. HOOKER said: _Gentlemen of the Judiciary Committee_--In
accordance with your courteous invitation of the 10th, I have the
honor to present to you an argument upon the question: Are women
entitled to vote under the United States Constitution, as
amended? It is not important to inquire what was the status of
woman before the adoption of the XIV. Amendment. By that
amendment they are clearly made citizens. No one denies this. The
first section of the amendment is as follows:

All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States.

The whole question is, what is the meaning of the term "citizen"
as here used. The term is familiar to law and politics, and the
authorities are very numerous and uncontradicted which make
citizenship include the right to vote. These authorities consist
of lexicographers, English and American, and legal and political
writers. It is said, however, that to give the term a meaning by
which women become voters under it is contrary to the actual
intent of Congress and the State Legislatures in passing the
amendment, as, unquestionably, the legislators who voted for it
had personally (with, perhaps, a few exceptions) no thought of
enfranchising women.

To this it is replied: 1. That the question is not whether they
thought of enfranchising women, but whether they used the term as
a term of enfranchisement at all; for if it would have
enfranchised black men, it would have equally enfranchised women,
and unquestionably the predominant idea in these legislators was
a political benefit, not very precisely measured, to black men.
2. An inquiry as to actual intent in such a case is never
admissible. A rule that allowed it would make every law
uncertain. An enactment can be construed only by the language in
fact used, and where that language is doubtful, by other parts of
the same enactment, and by a consideration of the public evil
which the law was intended to remedy. The evil to be remedied in
this case was the political disadvantage under which black men,
made free by the XIII. Amendment, still labored. The object was
to give them a positive political benefit. The terms used are
such that, necessarily and confessedly, whatever benefit accrues
to black men under it accrues equally to women.

It is said, in the next place, that the term "citizen" has
acquired a meaning in American usage, legal and political, that
does not carry with it the idea of suffrage; and the report of
the majority of the Judiciary Committee on the Woodhull memorial
places its adverse construction of this amendment entirely on the
ground of an American use of the term in its restricted sense.
Such a use of the term undoubtedly exists. Webster recognizes it,
and so do some of our political writers. But this meaning is a
secondary and lower one, and has not attained such dignity of use
as to encroach at all upon the well-established general meaning,
and would not be presumed in a law, much less in a constitution.
The American authorities are strongly in favor of the larger
meaning.

The term is used in the second section of the original
Constitution, article four, which provides that "the citizens of
each State shall be entitled to all privileges and immunities of
citizens in the several States." In Corfield _vs._ Coryell, 4
Wash. C. C. R., 380, the court say: "The inquiry is what are the
privileges and immunities of citizens in the several States? They
may be all comprehended under the following general heads: (Here
follows a statement of numerous rights, civil and political,
closing as follows:) "To which may be added the elective
franchise as regulated and established by the laws or
constitution of the State in which it is to be exercised." And in
the Dred Scott case, 19 Howard, 476, Mr. Justice Daniel says:

There is not, it is believed, to be found in the theories of
writers on government, or in any actual experiment
heretofore tried, an exposition of the term 'citizen' which
has not been understood as conferring the actual possession
and enjoyment, or the perfect right of acquisition and
enjoyment, of an entire equality of privileges, civil and
political.

And the supreme court of Kentucky, 1 Little R., 333, says:

No one can, in the correct sense of the term, be a citizen
of a State who is not entitled, upon the terms prescribed by
the institutions of the State, to all the rights and
privileges conferred by those institutions upon the highest
class of society.

These are American authorities, and would seem to settle the
question that the term has not acquired a distinctive American
meaning variant from the well-established general meaning.

It is said, in the next place, and finally, that the second
section of the XIV. Amendment shows clearly that the term
"citizen" could not have been used in the sense of full
citizenship.



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