CHAPTER I

NATIONAL SUFFRAGE LIBRARY

WOMAN SUFFRAGE BY FEDERAL CONSTITUTIONAL AMENDMENT

COMPILED BY CARRIE CHAPMAN CATT

PUBLISHED BY NATIONAL WOMAN SUFFRAGE PUBLISHING CO., INC. 171 MADISON

AVENUE NEW YORK

1917

THIS BOOK IS DEDICATED TO

THE CONGRESS OF THE UNITED STATES AND THE LEGISLATURES OF THE

SEVERAL STATES. IT GOES WITH THE HOPE THAT IT MAY LEAD TO A BETTER

UNDERSTANDING OF THE REASONS FOR A FEDERAL CONSTITUTIONAL AMENDMENT

PROVIDING THAT NO STATE SHALL DENY THE RIGHT TO VOTE ON ACCOUNT OF

SEX.

INTRODUCTION

No effort is made in the following pages to present an argument for

woman suffrage. No careful observer of the modern trend of human

affairs, doubts that "governments of the people" are destined to

replace the monarchies of the world. No listener will fail to hear the

rumble of the rising tide of democracy. No watcher of events will deny

that the women of all civilized lands will be enfranchised eventually

as part of the people entitled to give consent and no American

possessed of political foresight doubts woman suffrage in our land as

a coming fact.

The discussion herein is strictly confined to the reasons why an

amendment to the Federal Constitution is the most appropriate method

of dealing with the question. This proposed amendment was introduced

into Congress in 1878 at the request of the National Woman Suffrage

Association. Since 1882 the Senate Committee has reported it with a

favorable majority every year except in 1890 and 1896. Twice only has

it gone to vote in the Senate. The first time was on January 25, 1887;

the second, March 19, 1914. In the House it has been reported from

Committee seven times, twice by a favorable majority, three times by

an adverse majority and twice without recommendation. The House has

allowed the measure to come to vote but once, in 1915. Yet while women

of the nation in large and increasing numbers have stood at doors of

Congress waiting and hoping, praying and appealing for the democratic

right to have their opinions counted in affairs of their government,

millions of men have entered through our gates and automatically have

passed into voting citizenship without cost of money, time or service,

aye, without knowing what it meant or asking for the privilege. Among

the enfranchised there are vast groups of totally illiterate, and

others of gross ignorance, groups of men of all nations of Europe,

uneducated Indians and Negroes. Among the unenfranchised are the

owners of millions of dollars worth of property, college presidents

and college graduates, thousands of teachers in universities, colleges

and public schools, physicians, lawyers, dentists, journalists, heads

of businesses, representatives of every trade and occupation and

thousands of the nation's homekeepers. The former group secured its

vote without the asking; the latter appeals in vain to Congress for

the removal of the stigma this inexplicable contrast puts upon their

sex. It is hoped this little book may gain attention where other means

have failed.

C.C.C.

January, 1917.

TABLE OF CONTENTS

PAGE

CHAPTER I. 1

WHY THE FEDERAL AMENDMENT?

By CARRIE CHAPMAN CATT

There are seven reasons for Federal enfranchisement of women.

Other countries have so enfranchised women. Conditions of men's

enfranchisement in U.S. were easy. Many State constitutions today

practically impossible to amend. Election laws do not protect State

amendment elections from fraud. Men's right to vote protected by

Federal Constitution; state by state enfranchisement would not give

this protection to women. Woman Suffrage a national question. Decision

on technical and abstract question of Suffrage demands different class

of intelligence from election of candidates.

CHAPTER II 12

STATE CONSTITUTIONAL OBSTRUCTIONS

By MARY SUMNER BOYD

State Suffrage amendments defeated in recent years by technical

difficulties. Ratification by Legislature and People theory of State

Constitutional Amendment. So adopted in South Dakota and Missouri.

In most states technicalities make amending impossible. Classes

of technicalities. Limit to number of amendments. "Constitutional

majority." Passage of two Legislatures. More than majority of the

people required for ratification. Indiana. Time requirements. New

Mexico. Revision by Convention. Some states have no or infrequent

Constitutional Conventions. New Hampshire. Delaware Constitution alone

amended by Legislature or Convention without popular vote. Thirty

states gave foundations male suffrage by this easy means.

CHAPTER III 21

ELECTION LAWS AND REFERENDA

By CARRIE CHAPMAN CATT

State Election Laws defective. Many state suffrage amendments

undoubtedly lost by frauds in elections. In twenty-four states

election law or precedents offer no correction of returns in

fraudulent amendment elections. In twenty-three states Contest on

election returns probably possible. In eight states recount of

votes made. A court procedure and expensive. Punishment for bribery.

Relation to Contest. Ohio cases. Vagueness of election laws protects

corruption. Ignorant vote used by corrupt. Form of ballot often helps

corruption. Only 13 states have headless ballots. Form of Suffrage

amendment ballots in recent years aided in defeat of measure.

Examples. Non-partisan referendum not protected from fraud like party

questions. In most states women cannot be watchers at polls. Aliens

can vote in eight states. Illiterate can vote in most states. Résumé.

CHAPTER IV 36

THE STORY OF THE 1916 REFERENDA

By CARRIE CHAPMAN CATT

Three states voted on Woman Suffrage amendments. Some causes of

failure. Story of Iowa election. Woman's Christian Temperance Union

proves forty-seven varieties of corruption. South Dakota. Foreign

vote defeated Woman Suffrage there. Figures of some counties.

Relation between Prohibition and Woman Suffrage votes. West Virginia.

Illiteracy and conservatism defeated Woman Suffrage there. Liquor

influence felt. Corruption in Berkely County, West Virginia. Special

Legislative session called but investigation of frauds abandoned.

Analysis of vote of certain counties. Résumé.

CHAPTER V 55

FEDERAL ACTION AND STATES RIGHTS

By HENRY WADE ROGERS

Judge of U.S. Circuit Court of Appeals, N.Y.C.

Would Federal Amendment violate local self-government or conflict with

State Rights? States rights a sound doctrine, but has been perverted,

misapplied and carried to extremes. Henry St. George Tucker maintains

this way of gaining woman suffrage is contrary to rightful demarcation

of powers of federal and state governments. Constitutional Convention

1787 provided that amendments be ratified by three-fourths State

Legislatures, State Constitutions may not violate United States

Constitution for this is supreme Law. Amendment to U.S. Constitution

valid regardless of provisions in State Constitutions. Ratification by

State Legislatures does not violate States rights for by it states act

as sovereigns. Same argument for removal of sex line in Suffrage

as that on which 13th, 14th and 15th amendments were based. 15th

amendment gives the sound basis for woman suffrage amendment.

CHAPTER VI 69

OBJECTIONS TO THE FEDERAL AMENDMENT By CARRIE CHAPMAN CATT

States Rights objection discussed. U.S. Constitution twice amended

recently under Democratic administration. Federal Prohibition

Amendment introduced by Southern Democrat. Even if all state

constitutions gave woman suffrage U.S. Constitution would contain

discrimination against women in word "male." Objection that woman

suffrage will increase Negro vote. If true, would be objection also

to State suffrage amendment. White supremacy will be strengthened by

woman suffrage. Discussion of figures of Negro and white population

in 15 southern states. Testimony of Chief Justice Walter E. Clark.

Objection that women do not want the vote. Men of 21 and naturalized

citizens become voters without being asked. Only those who wish

to need use the vote. That many women do want the vote is shown

by western figures in election of November, 1916. Objection that

unfavorable referenda in various states show that constituency has

instructed its representatives in Congress against woman suffrage.

Unfavorable majority against a suffrage amendment is in reality a

minority of constituency. Objection on ground of political expediency.

Meaning of this argument as used by different interests. If government

"by the people" is expedient, then government by _all_ the people is

expedient. If Government by certain classes is better, then basis of

franchise should, be morality and education, not sex. Objection

that Woman Suffrage will increase corrupt vote. Woman Suffrage will

increase intelligent electorate. Statistics. It will increase

the moral vote. Only one in twenty criminals is a woman. Election

conditions in equal suffrage states. Objection that Prohibition

sentiment is stronger than Suffrage sentiment since former has spread

faster. Prohibition can be established by statute and by local option

and suffrage cannot.

CHAPTER I

WHY THE FEDERAL AMENDMENT?

Woman Suffrage is coming--no intelligent person in the United States

or in the world will deny that fact. The most an intelligent opponent

expects to accomplish is to postpone its establishment as long as

possible. When it will come and how it will come are still open

questions. Woman Suffrage by Federal Amendment is supported by seven

main reasons. These main reasons are evaded or avoided; they are not

answered.

1. KEEPING PACE WITH OTHER COUNTRIES DEMANDS IT.

Suffrage for men and suffrage for women in other lands, with few and

minor exceptions, has been granted by parliamentary act and not by

referenda. By such enactment the women of Australia were granted full

suffrage in Federal elections by the Federal Parliament (1902), and

each State or Province granted full suffrage in all other elections by

act of their Provincial Parliaments.[A] By such enactment the Isle

of Man, New Zealand, Finland, Norway, Iceland and Denmark gave equal

suffrage in all elections to women.[A] By such process the Parliaments

of Manitoba, Saskatchewan and Alberta gave full provincial suffrage

to their women in 1916. British Columbia referred the question to the

voters in 1916, but the Provincial Parliament had already extended

all suffrage rights except the parliamentary vote, and both political

parties lent their aid in the referendum which consequently gave a

majority in every precinct on the home vote and a majority of the

soldier vote was returned from Europe later. By parliamentary act all

other Canadian Provinces, the Provinces of South Africa, the

countries of Sweden[A] and Great Britain have extended far more voting

privileges than any woman citizen of the United States east of the

Missouri River (except those of Illinois) has received. To the women

of Belise (British Honduras), the cities of Rangoon (Burmah), Bombay

(India), the Province of Baroda (India), the Province of Voralberg

(Austria), and Laibach (Austria) the same statement applies. In

Bohemia, Russia and various Provinces of Austria and Germany,

the principle of representation is recognized by the grant to

property-holding women of a vote by proxy. The suffragists of France

reported just before the war broke out that the French Parliament was

pledged to extend universal municipal suffrage to women. Men and women

of high repute say the full suffrage is certain to be extended by

the British Parliament to the women of England, Scotland, Ireland and

Wales soon after the close of the war and already these women have all

suffrage rights except the vote for Parliamentary members. These facts

are strange since it was the United States which first established

general suffrage for men upon the two principles that "taxation

without representation is tyranny" and that governments to be just

should "derive their consent from the governed." The unanswerable

logic of these two principles is responsible for the extension of

suffrage to men and women the world over. In the United States,

however, women are still taxed without "representation" and still

live under a government to which they have given no "consent." IT IS

OBVIOUSLY UNFAIR TO SUBJECT WOMEN OF THIS COUNTRY--WHICH BOASTS THAT

IT IS THE LEADER IN THE MOVEMENT TOWARD UNIVERSAL SUFFRAGE--TO A

LONGER, HARDER, MORE DIFFICULT PROCESS THAN HAS BEEN IMPOSED BY OTHER

NATIONS UPON MEN OR WOMEN. American constitutions of the nation and

the states have closed the door to the simple processes by which men

and women of other countries have been enfranchised. An amendment to

our Federal Constitution is the nearest approach to them. To deny the

benefits of this method to the women of this country is to put upon

them a PENALTY FOR BEING AMERICANS.

[Footnote A: See Appendix A for dates and conditions.]

2. EQUAL RIGHTS DEMANDS IT.

Men of this country have been enfranchised by various extensions of

the voting privilege but IN NO SINGLE INSTANCE were they compelled to

appeal to an electorate containing groups of recently naturalized

and even unnaturalized foreigners, Indians, Negroes, large numbers of

illiterates, ne'er-do-wells, and drunken loafers. The Jews, denied the

vote in all our colonies, and the Catholics, denied the vote in

most of them, received their franchise through the revolutionary

constitutions which removed all religious qualifications for the vote

in a manner consistent with the self-respect of all. The property

qualifications for the vote which were established in every colony and

continued in the early state constitutions were usually removed by a

referendum but the question obviously went to an electorate limited to

property-holders only. The largest number of voters to which such an

amendment was referred was that of New York. Had every man voted who

was qualified to do so, the electorate would not have exceeded 200,000

and probably not more than 150,000.[A]

[Footnote A: Suffrage in the Colonies. New York Chapter. McKinley.]

The next extensions of the vote to men were made to certain tribes

of Indians by act of Congress; and to the Negro by amendment to the

Federal Constitution.

At least three-fourths of the present electors secured their votes

through direct naturalization or that of their forefathers. Congress

determines conditions of citizenship and state constitutions fix

qualifications of voters. In no instance has the foreign immigrant

been forced to plead with a vast electorate for his vote. The suffrage

has been "thrust upon him" without effort or even request on his

part. National and State constitutions not only close to women the

comparatively easy processes by which the vote was extended to men and

women of other countries but also those processes by which the vote

was secured to men of our own land. The simplest method now possible

is by amendment of the Federal Constitution. To deny the privilege of

that method to women is a discrimination against them so unjust and

insufferable that no fair-minded man North or South, East or West, can

logically share in the denial.

3. RELIEF FROM UNJUST CONSTITUTIONAL OBSTRUCTIONS DEMANDS IT.

The constitutions of many states have provided for amendments by such

difficult processes that they either have never been amended or have

not been amended when the subject is in the least controversial. Their

provisions not infrequently are utilized by opponents of a cause to

delay action for years. A present case illustrates. Newspapers in

Kentucky which have opposed woman suffrage, and still do so, have

started a campaign (December, 1916) to submit a woman suffrage

amendment to voters with the announced intention of securing its

defeat at the polls in order to remove it from politics for five years

as the same question cannot be again submitted for that length of

time.

There are state constitutions so impossible of amendment that women

of those states can only secure enfranchisement through Federal action

and fair play demands the submission of a Federal constitutional

amendment. (See Chapter II.)

4. PROTECTION FROM INADEQUATE ELECTION LAWS DEMANDS IT.

The election laws of all states make inadequate provision for

safeguarding the vote on constitutional amendments. Since election

laws do not protect suffrage referenda, suffragists justly demand the

method prescribed by our national constitution to appeal their case

from male voters at large to the higher court of Congress and the

Legislatures. (See Chapters III and IV.)

5. EQUAL STATUS OF MEN AND WOMEN VOTERS DEMANDS IT.

Until the adoption of the Fourteenth Amendment the National

Constitution did not discriminate against women but in Section 2 of

that amendment provision was made whereby a penalty may be directed

against any state which denies the right to vote to its _male

inhabitants_ possessed of the necessary qualifications as prescribed

by nation and state. If the entire 48 states should severally

enfranchise women their political status would still be inferior to

that of men, since no provision for national protection in their right

to vote would exist.

The women of eleven states are said to vote on equal terms with men.

As a matter of fact they do not, since they not only lose their vote

whenever they change their residence to any one of the 37 other states

(except Illinois, where they lose only a portion of their privileges),

but they enjoy no national protection in their right to vote. Women

justly demand "Equal Rights for All and Special Privileges for None."

Amendment to the National Constitution alone can give them an equal

status. Equality of rights can never be secured through state by state

enfranchisement.

6. NATIONAL SIGNIFICANCE OF QUESTION DEMANDS IT.

Woman suffrage in every other country is a National question. With

eleven American states and nearly half the territory of the civilized

world already won; with the statement of the press still unchallenged

that women voters were "the balance of power" which decided the last

presidential election, the movement has reached a position of national

significance in the United States. Any policy which seeks to shift

responsibility or to procrastinate action, is, to use the mildest

phraseology, unworthy of the Congress in whose charge the making of

American political history reposes.

7. TREATMENT OF QUESTION DEMANDS INTELLIGENCE.

The handicaps of a popular vote upon a question of human liberty

which must be described in technical language will be clear to all

who think. It is probable that at least a fourth of the voters in West

Virginia, one of the recent suffrage campaign states, could not define

the following words intelligently: constitution, amendment, franchise,

suffrage, majority, plurality. It is probable they would succeed

even less well at an attempt to give an account of the Declaration

of Independence, the Revolution, Taxation without Representation, the

will of the majority, popular government. Such men might make a fairly

intelligent choice of men for local offices because their minds are

trained to deal with persons and concrete things. They could decide

between Mr. Wilson and Mr. Hughes with some discrimination, but would

have slight if any knowledge of the platforms upon which either stood.

A referendum in many of our states, means to defer woman suffrage

until the most ignorant, most narrow-minded, most un-American, are

ready for it. The removal of the question to the higher court of the

Congress and the Legislatures of the several states means that it will

be established when the intelligent, Americanized, progressive people

of the country are ready for it.

Woman Suffrage By Federal Constitutional Amendment · 第 1 / 6 章