ARTICLE XIV.

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 next point of inquiry is, How is it that the State laws which

formerly did proscribe women and exclude them from the exercise of

suffrage, no longer _do_ so? Simply and effectively by this fact, that,

by the adoption of the XV. Article of Amendments to the Constitution,

the States established, as the “SUPREME LAW OF THE LAND,” the fact that

no person born or naturalized in the United States, and subject to the

jurisdiction thereof shall be denied or abridged by the United States,

or by any State, of the RIGHT TO VOTE.

Women are citizens of the United States; and the States themselves, by

their own voluntary act, have established the fact of their citizenship,

and confirmed their right to vote, which, by such action, has become the

supreme law of the land, which supersedes, annuls and abrogates all

previous State laws inconsistent therewith or contravening the same. The

XV. Article of Amendments to the Constitution is as much a part of it as

any originally adopted; for Art VI., ¶ 2, says:

This Constitution, and the laws of the United States which shall be

made in pursuance thereof, and all treaties made, or which shall be

made under the authority of the United States, _shall be_ THE SUPREME

_law of_ THE LAND; and the _judges in_ EVERY _State shall_ BE BOUND

THEREBY; anything in _the Constitution or laws_ OF ANY _State_ TO THE

CONTRARY NOTWITHSTANDING.

The XV. Amendment was adopted by the several States as a legislative

enactment by their Legislatures, under Art V., which provides:

The Congress, whenever two-thirds of both Houses shall deem it

necessary, _shall propose amendments to this Constitution_; or, on the

application of the Legislatures of two-thirds of the several States,

shall call a convention for proposing amendments, _which_, in either

case, _shall be valid to all intents and purposes, as part of this

Constitution_, when _ratified by the Legislatures of three-fourths

thereof_ as the one or the other mode of ratification may be proposed by

Congress, provided that no amendment which may be made prior to the year

one thousand eight hundred and eight, shall, in any manner, affect the

first and fourth clauses in the ninth section of the first article; AND

THAT NO STATE, WITHOUT ITS CONSENT, SHALL BE DEPRIVED OF ITS EQUAL

SUFFRAGE IN THE SENATE.

Since, therefore, all citizens have the RIGHT TO VOTE under this act or

participation by the Legislatures of the several States, all State Laws

which abridge the right are inoperative, null and void, and the

exclusion of women who are citizens from the right to vote, was repealed

and must stand repealed until the Legislatures of the several States

shall again pass an act positively excluding her. If we again examine

Art XV. we shall see that this right shall not be denied or abridged by

the United States or any State on account of RACE, COLOR, or PREVIOUS

CONDITION OF SERVITUDE; it is left to be inferred that it might be on

account of SEX, but this denial has not yet been attempted, nor could it

be accomplished if it were, for here the XIV. Amendment again comes to

our relief saying, “That no State shall make or enforce any law which

shall abridge the privileges or immunities of citizens of the United

States.”

Again, the Constitution is assuredly a contract between States and

citizens, and Sec. 10, Art I., provides that no State shall pass any law

impairing contracts.

Art I., Sec. 4,¶ I, provides that:

“The times, places and _manner of holding elections_ for senators and

representatives shall be prescribed in each State, by the Legislature

thereof; but the _Congress may, at any time, by law, make or alter

such regulations_, except as to the places of choosing senators,”

while the judiciary of the United States has acquired complete

jurisdiction over this matter by the authority of Art III., Sec. 2,¶

1, which provides that: “_The judicial power shall extend to all cases

in law and equity arising under this Constitution, the laws of the

United States, and treaties made, or which shall be made, under their

authority_.”

And for all these reasons, the State Legislatures having, by the

adoption of the Fifteenth Amendment, abrogated all previously existing,

conflicting laws on the subject of suffrage, are now forever precluded

by the Fourteenth Amendment from re-establishing any restriction to

apply to women, whom the authorities of the United States, in their

support of the Constitution, are in duty bound to protect in their right

to vote.

Now what was the fruit of the late war, which threw the entire nation

into such convulsive throes, unless it is found in the Fourteenth and

Fifteenth Amendments to the Constitution, namely: that grand change in

the fundamental laws which declares _who_ are citizens and what are

their _rights_, _privileges_ and immunities, which cannot be abridged?

Will any one pretend that these great enactments can be understood to

mean less than the language thereof plainly conveys? Or will any one

claim that the old, absurd State laws, which were sunk in oblivion by

the adoption of these amendments to the Constitution, are still in

force? Who will _dare_ to say, in the face of these plainly worded

amendments, which have such an unmistakable meaning, that the women of

America shall not enjoy their emancipation as well as the black slave?

WOMEN HAVE THE RIGHT TO VOTE! It is the duty of the Government to see

that they are not denied the right to exercise it, and, to secure the

necessary action of Congress in the premises, I did, on the 21st day of

December, 1870, memorialize Congress as recorded in the Congressional

_Globe_, December 22, 1870.

In the Senate:

Mr. Harris presented the memorial of Victoria C. Woodhull, praying for

the passage of such laws as may be necessary and proper for carrying

into execution the right vested by the Constitution in the citizens of

the United States to vote without regard to sex; which was referred to

the Committee on the Judiciary and ordered to be printed.

In the House:

Mr. Julian—I ask unanimous consent to present at this time and have

printed in the _Globe_ the memorial of Victoria C. Woodhull, claiming

the right of suffrage under the XIV. and XV. Articles of Amendments to

the Constitution of the United States, and asking for the enactment of

the necessary and appropriate legislation to guarantee the exercise of

that right to the women of the United States. I also ask that the

petition be referred to the Committee on the Judiciary.

No objection was made, and it was ordered accordingly.

The petition is as follows:

The Origin, Tendencies and Principles of Government A review of the rise and fall of nations from early historic time to the present; with special considerations regarding the future of the United States as the representative government of the world and the form of administration which will secure this consummation. Also, papers on human equality, as represented by labor and its representative, money; and the meaning and significance of life from a scientific standpoint, with its prophecies for the great future. · 第 54 / 156 题