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That by the Constitution of Missouri, Art. II., Sec. 18,
and by the aforesaid registration law of said State, approved
March 10, 1871, it is provided and declared, that only "male
citizens" of the United States, etc., are entitled or permitted
to vote.

But the plaintiff protests against such decision, and she
declares and maintains that said provisions of the Constitution
and registration law of Missouri aforesaid, are in conflict with,
and repugnant to the Constitution of the United States, which is
paramount to State authority; and that they are especially in
conflict with the following articles and clauses of said
Constitution of the United States, to wit:

Art. I. Sec. 9.--Which declares that no Bill of Attainder
shall be passed.

Art. I. Sec. 10.--No State shall pass any Bill of Attainder,
or grant any title of nobility.

Art. IV. Sec. 2.--The citizens of each State shall be
entitled to all privileges and immunities of citizens in the
several States.

Art. IV. Sec. 4.--The United States shall guarantee to every
State a republican form of government.

Art. VI.--This Constitution and the laws of the United
States which shall be made in pursuance thereof, shall be
the supreme law of the land, anything in the Constitutions
or laws of any State to the contrary notwithstanding.

AMENDMENTS.

Art. V.--No person shall be ... deprived of life, liberty,
or property without due process of law.

Art. IX.--The enumeration in the Constitution of certain
rights, shall not be construed to deny or disparage others
retained by the people.

Art. XIV. Sec. 1.--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. Nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction, the equal
protection of the laws.

The plaintiff states, that by reason of the wrongful act of the
defendant as aforesaid, she has been damaged in the sum of ten
thousand dollars, for which she prays judgment.

JOHN M. KRUM, }
FRANCIS MINOR, } _Att'ys for Plffs._
JOHN B. HENDERSON, }

_Demurrer. In the Circuit Court of St. Louis County:_ Virginia L.
Minor and Francis Minor, her husband, Plaintiffs, _vs._ Reese
Happersett.

The defendant, Reese Happersett, demurs to the petition of
plaintiffs, and for cause of demurrer defendant states that said
petition does not state facts sufficient to constitute a cause of
action, for the following reasons:

1. Because said Virginia L. Minor, plaintiff, had no right
to vote at the general election held in November, 1872, in
said petition referred to.

2. Because said Virginia L. Minor had no right to be
registered for voting by said defendant, at the time and in
the manner in said petition alleged.

3. Because it was the duty of the defendant to refuse to
place said Virginia L. Minor's name upon the list of
registered voters in said petition referred to.

All of which appears by said petition.

SMITH P. GALT, _Atty for Deft._

The defense, in substance, being based upon the Constitution of
Missouri, which provides (Art. II., Sec. 18) that "every male
citizen of the United States, etc., ... shall be entitled to
vote"; and also upon the registration law of said State, approved
March 10, 1871, which is as follows:

An act to provide for a uniform registration of voters, the
appointment of judges of elections, and repealing all former
acts relating thereto.

_Be it enacted by the General Assembly of the State of
Missouri, as follows:_

SECTION 1.--Every male citizen of the United States, and
every person of foreign birth who may have declared his
intention to become a citizen of the United States,
according to law, not less than one year nor more than five
years before he offers to vote, who is over the age of
twenty-one years, who has resided in this State one year
next preceding his registration as a voter, and during the
last sixty days of that period shall have resided in the
county, city, or town where he seeks registration as a
voter, who is not convicted of bribery, perjury, or other
infamous crime, nor directly or indirectly interested in any
bet or wager depending upon the result of the election for
which such registration is made, nor serving at the time of
such registration in the regular army or navy of the United
States, shall be entitled to vote at such elections for all
officers, State, county, or municipal, made elective by the
people, or any other election held in pursuance of the laws
of this State; but he shall not vote elsewhere than in the
election district where his name is registered, except as
provided in the twenty-first section of the second article
of the Constitution.

SEC. 2.--The several clerks of the County Courts in this
State shall provide a suitable registration book for each
election district in their several counties, which shall
have written or printed therein the following oath: "We the
undersigned, do solemnly swear or affirm that we will
support the Constitution of the United States and of the
State of Missouri."

SEC. 3.--On or before the 9th day of March, 1871, the
several County Courts in this State shall appoint some
competent person to act as Registrar in each election
district in their respective counties, who shall have the
qualifications of an elector in his election district, and
who shall hold his office until the general election in
1872, and until his successor is elected and qualified. Said
Registrar shall have authority to administer all oaths which
may be necessary in the registration of voters.

SEC. 4.--Any person having the qualification of a voter as
prescribed in the first section of this act, and who shall
take and subscribe the oath required of voters by the second
section of this act, and who applies for registration at the
time and in the manner prescribed by law, and any
naturalized citizen who shall subscribe to a written
statement, under oath, before the Registrar, that he is
naturalized according to the laws of the United States and
of this State, and has resided in this State, according to
the first section of this act, and that his naturalization
papers or evidence of his citizenship have been lost or
destroyed, or that the same are not accessible to him, and
shall state where he was naturalized, shall be accepted by
the registering officer, and duly registered as a qualified
voter.

It is claimed, therefore, that the defendant was justified in
refusing to register the plaintiff on account of her sex. The
plaintiff, however, denies the validity of this clause of the
Missouri Constitution, and the registration act based thereon,
and contends that they are in violation of, and repugnant to, the
Constitution of the United States, and particularly to those
articles and clauses thereof which she has specified in her
petition.

It is admitted, by the pleadings, that the plaintiff is a
native-born, free white citizen of the United States and of the
State of Missouri; that the defendant is a Registrar, qualified
and acting as such; that the plaintiff, in proper time and in
proper form made application to him to be registered, and that
the defendant refused to register the plaintiff solely for the
reason that she is a female (and that she possesses the
qualifications of an elector, in all respects, except as to the
matter of sex, as before stated).

The question is thus broadly presented of a conflict between the
Constitution of the State of Missouri and that of the United
States, as contemplated by the twenty-fifth section of the
judiciary act of 1789, and the supplemental act of February 5,
1867.

ASSIGNMENT OF ERRORS.--And now comes Virginia L. Minor, the
plaintiff in error in the above entitled cause, by her attorneys,
John B. Henderson, John M. Krum, and Francis Minor, and says that
in the records and proceedings in the above entitled cause, in
said Supreme Court of the State of Missouri, there is manifest
error in this, to wit:

1st. Because the said Supreme Court erred in affirming the
judgment of the St. Louis Circuit Court--thereby, in effect,
sustaining the demurrer filed in said Circuit Court by the
defendant to the petition of the plaintiff.

2d. Because the said Supreme Court erred in its judgment
affirming the judgment of the St. Louis Circuit
Court--thereby, in effect, declaring that the plaintiff in
error was not entitled to vote at the election mentioned in
the record.

3.



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