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.