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And from the general law of
amnesty for the rank and file, the leaders in the rebellion were
again and again, by special Acts of Congress, re-endowed with the
ballot. No amendment was submitted or expected. The authority of
Congress thus to restore to these men the use of the ballot was
unquestioned.

3d. The naturalized foreigner secures his right to vote under
United States law, and can not vote unless he first becomes an
United States citizen, or announces his intention of so becoming.
In Missouri, Nebraska, and some other States, the declaration of
such intention permits him to vote. This is a State regulation,
but the fact of his United States citizenship must in some form
first exist. In the naturalized man is a third class of United
States voters. With one and the same hand he at the same moment
picks up his naturalization papers and his ballot. It matters not
what the State law may be, the foreigner secures his vote under
United States law. And here is a third class of United States
voters and a third mistake of Chief-Justice Waite and the Supreme
Court.

4th. The Thirty-ninth or Fortieth Congress took a step farther
than this, passing a law that all foreigners who had served in,
and been honorably discharged from the army, should possess the
right to vote, even though they had not previously filed
intention of naturalization, thus again proving that Congress
itself, without an amendment to the Constitution, or the
authorization of States, possessed power over the ballot. If it
has this power of securing the use of the ballot to foreigners
who have never intimated a desire to become citizens, it surely
can enfranchise its own native-born citizens irrespective of
sex. The denial of the ballot to all women by the Supreme Court,
in the person of Virginia L. Minor, under the pretense that the
United States possesses no voters in the States of its own
creation is thus shown to be a false assumption. But this is not
all.

5th and 6th. And oldest of all these classes of United States
voters are those men who vote for members of the House of
Representatives, and for Presidential Electors in the several
States.

NATIONAL CONSTITUTION.--ARTICLE 1, Section 2. The House of
Representatives shall be composed of members chosen every
second year by the people of the several States, and the
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the
State Legislature.

ARTICLE 2, Section 1, Clause 2. 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 the State may be entitled in
Congress.... Clause 3. The Congress may determine the time
of choosing the electors and the day on which they shall
give their votes; which day shall be the same throughout the
United States.

The United States by these articles guarantees: 1st. To every
person who has a right under State action to vote for the most
numerous branch of his State Legislature, the United States right
to vote at a peaceable election for members of Congress. 2d. The
United States directs the appointment of Presidential Electors,
and declares that Congress may not only determine the time of
choosing such electors, but shall also fix the day upon which
such votes shall be given. The United States secures the right,
merely leaving the States to prescribe the qualifications of
voters. This is all, with one exception that woman asks; she
demands that her right shall be recognized and secured by the
United States, which shall then prohibit the States from
prescribing qualifications not within the reach of all citizens.

A 7th class of United States voters are those men who having been
deprived of citizenship through civil offenses against the power
and majesty of the United States are afterward pardoned, or
"restored to citizenship."

Still an 8th class over whom the United States exercises its
authority are deserters from the army--military criminals. An act
of Congress of March 3, 1865, imposed forfeiture of citizenship
and its rights, as an additional penalty for the crime of
desertion. In accordance with this act, the President issued a
proclamation the eleventh of that same month, declaring that all
deserters who failed to report themselves to a Provost Marshal
within sixty days thereafter should be deemed to have forfeited
their rights of citizenship, and should be declared forever
incapable of holding any office of interest or profit under the
United States. This act was passed previous to the submission of
the XIV. Amendment.

Thus at the time of Chief-Justice Waite's decision asserting
National want of power over the ballot, and declaring the United
States possessed no voters of its own creation in the States
(where else would it have them?), the country already possessed
eight classes of voters, or persons whose right to the ballot was
in some form under the control or sanction of the United States.
The black man, the amnestied man, the naturalized man, the
foreigner honorably discharged from the Union army, voters for
the lower House of Congress, voters for Presidential electors,
pardoned civil and military criminals. Further research may bring
still other classes to light.

Thus when woman claims that her right to the use of the ballot
shall be secured by the United States, she has eight
distinguished precedents in favor of her demand for National
protection. No more inconsistent assertion was ever made than
that the United States possesses no control over the suffrage.
While by Circuit Court decisions, Supreme Court decisions, and
decisions of courts of lesser degree, theoretically denying its
control over the suffrage, the United States in many ways besides
those mentioned, practically acknowledges its possession of this
right. In the case of Miss Anthony and the fourteen other women
of Rochester, N. Y., who voted in 1872, the great State of New
York took no action at all in the matter; it was the General
Government which thrust itself forward and took up the question.
If the United States has no control over the suffrage then Miss
Anthony's trial was a clear interference of the United States
with the rights of States. And so great was this interference, it
is believed the judge appointed to try her case left Washington
with his verdict in his pocket already written.

Let none of my audience forget the various great trials of
woman's right to vote under the XIV. Amendment, especially that
of Mrs. Virginia L. Minor, who prosecuted the Inspector of
Election in St. Louis for refusing to receive her vote, and whose
case, coming finally for adjudication to the Supreme Court of the
United States, decision was rendered against her on the plea that
the ballot was under control of the respective States, and that
the United States has no voters in the States of its own
creation; which I have shown to be an ignorant, imbecile, and
false plea. Neither let them forget that of Susan B. Anthony,
decided against her on the ground that she was a woman at the
time she voted. If States have the sole control of the suffrage,
there was interference in the rights of the State of New York by
her trial; and if United States citizens of any class have a
right to be protected in the use of the ballot, then the United
States very flagrantly and tyrannously interfered in Miss
Anthony's individual right as a citizen of the United States.

In the near future these trials of women under the XIV. Amendment
will be looked upon as the great State trials of the world;
trials on which a republic, founded upon the acknowledged rights
of all persons to self-government, through its courts decided
against the right of one half of its citizens on the ground that
sex was a barrier and a crime.

Then let us look at the territory of Wyoming. Much has of late
been said in regard to women not making use of the ballot there.
I care little about that statement one way or the other, as long
as her right to vote is not interfered with. It will be time to
require all women to vote when we have such a law for men; until
then let each voter refrain from voting at his or her own option;
it is not the vital question. But there is a point connected with
woman's voting in Wyoming that is well worthy of our
consideration. That is, the interference of the United States
with the concomitants of this right. For a time the women of
Wyoming sat upon juries, and the fact was heralded over the
country that thieves, gamblers, murderers fled the territory
rather than fall into the hands of these women jurors. The first
conviction for a murder in that territory, not committed in
self-defense, came from a mixed jury.

But of late we have ceased hearing of women jurors. And why?
Because that sacred right has been interfered with by the United
States. The Marshal of the Territory, an officer appointed by
the United States Government, has absolutely refused to place the
names of women on the jury lists. Consequently the women of
Wyoming are denied the exercise of this right by United States
power. Whether the Marshal has been ordered by the National
Government to omit the names of women, we do not know, and it
does not signify.



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