CONSTITUTIONAL EQUALITY.

TO THE HON. THE JUDICIARY COMMITTEES OF THE SENATE AND THE HOUSE OF

REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES:

The undersigned, VICTORIA C. WOODHULL, having most respectfully

memorialized Congress for the passage of such laws as in its wisdom

shall seem necessary and proper to carry into effect the rights vested

by the Constitution of the United States in the citizens to vote,

without regard to sex, begs leave to submit to your honorable body the

following in favor of her prayer in said Memorial which has been

referred to your Committee:

The public law of the world is founded upon the conceded fact that

sovereignty cannot be forfeited or renounced. The sovereign power of

this country is perpetual in the politically-organized people of the

United States, and can neither be relinquished nor abandoned by any

portion of them. The people in this Republic who confer sovereignty are

its citizens: in a monarchy the people are the subjects of sovereignty.

All citizens of a republic by rightful act or implication confer

sovereign power. All people of a monarchy are subjects who exist under

its supreme shield and enjoy its immunities.

The subject of a monarch takes municipal immunities from the sovereign

as a gracious favor; but the woman citizen of this country has the

inalienable “sovereign” right of self-government in _her own proper

person_. Those who look upon woman’s status by the dim light of the

common law, which unfolded itself under the feudal and military

institutions that establish right upon physical power, cannot find any

analogy in the status of the woman citizen of this country, _where the

broad sunshine of our Constitution has enfranchised all_.

As sovereignty cannot be forfeited, relinquished or abandoned, those

from whom it flows—the citizens—are equal in conferring the power, and

should be equal in the enjoyment of its benefits and in the exercise of

its rights and privileges.

One portion of citizens have no power to deprive another portion of

rights and privileges such as are possessed and exercised by themselves.

The male citizen has no more right to deprive the female citizen of the

free, public, political expression of opinion than the female citizen

has to deprive the male citizen thereof.

The sovereign will of the people is expressed in our written

Constitution, which is the supreme law of the land. The Constitution

makes no distinction of sex. The Constitution defines a woman born or

naturalized in the United States, and subject to the jurisdiction

thereof, to be a citizen. It recognizes the right of citizens to vote.

It declares that the right of citizens of the United States to vote

shall not be denied or abridged by the United States or by any State on

account of “race, color or previous condition of servitude.”

Women, white and black, belong to races; although to different races. A

race of people comprises all the people, male and female. The right to

vote cannot be denied on account of race. All people included in the

term race have the right to vote, unless otherwise prohibited.

Women of all races are white, black or some intermediate color. Color

comprises all people, of all races and both sexes. The right to vote

cannot be denied on account of color. All people included in the term

color have the right to vote unless otherwise prohibited.

With the right to vote sex has nothing to do. Race and color include all

people of both sexes. All people of both sexes have the right to vote,

unless prohibited by special limiting terms less comprehensive than race

or color. No such limiting terms exist in the Constitution.

Women, white and black, have from time immemorial groaned under what is

properly termed in the Constitution “previous condition of servitude.”

Women are the equals of men before the law, and are equal in all their

rights as citizens.

Women are debarred from voting in some parts of the United States,

although they are allowed to exercise that right elsewhere.

Women were formerly permitted to vote in places where they are now

debarred therefrom.

The Naturalization Laws of the United States expressly provide for the

naturalization of women.

But the right to vote has only lately been distinctly declared by the

Constitution to be inalienable, under three distinct conditions—in all

of which woman is distinctly embraced.

The citizen who is taxed should also have a voice in the subject matter

of taxation. “No taxation without representation” is a right which was

fundamentally established at the very birth of our country’s

independence; and by what ethics does any free government impose taxes

on women without giving them a voice upon the subject or a participation

in the public declaration as to how and by whom these taxes shall be

applied for common public use?

Women are free to own and to control property, separate and apart from

males, and they are held responsible in their own proper persons, in

every particular, as well as men, in and out of court.

Women have the same inalienable right to life, liberty and the _pursuit

of_ happiness that men have. Why have they not this right politically,

as well as men?

Women constitute a majority of the people of this country—they hold vast

portions of the nation’s wealth and pay a proportionate share of the

taxes. They are intrusted with the most holy duties and the most vital

responsibilities of society; they bear, rear and educate men; they train

and mould their characters; they inspire the noblest impulses in men;

they often hold the accumulated fortunes of a man’s life for the safety

of the family and as guardians of the infants, and yet they are debarred

from uttering any opinion, by public vote, as to the management by

public servants of these interests; they are the secret counsellors, the

best advisers, the most devoted aids in the most trying periods of men’s

lives, and yet men shrink from trusting them in the common questions of

ordinary politics. Men trust women in the market, in the shop, on the

highway and the railroad, and in all other public places and assemblies,

but when they propose to carry a slip of paper with a name upon it to

the polls, they fear them. Nevertheless, as citizens women have the

right to vote; they are part and parcel of that great element in which

the sovereign power of the land had birth: and it is by usurpation only

that men debar them from their right to vote. The American nation, in

its march onward and upward, cannot publicly choke the intellectual and

political activity of half its citizens by narrow statutes. The will of

the entire people is the true basis of republican government, and a free

expression of that will by the public vote of all citizens, without

distinctions of race, color, occupation or sex, is the only means by

which that will can be ascertained. As the world has advanced in

civilization and culture; as mind has risen in its dominion over matter;

as the principle of justice and moral right has gained sway, and merely

physically organized power has yielded thereto; as the might of right

has supplanted the right of might, so have the rights of women become

more fully recognized, and that recognition is the result of the

development of the minds of men, which through the ages she has

polished, and thereby heightened the lustre of civilization.

It was reserved for our great country to recognize by constitutional

enactment that political equality of all citizens which religion,

affection, and common sense should have long since accorded; it was

reserved for America to sweep away the mist of prejudice and ignorance,

and that chivalric condescension of a darker age, for in the language of

Holy Writ, “The night is far spent, the day is at hand, let us therefore

cast off the work of darkness, and let us put on the armor of light. Let

us walk honestly as in the day.”

It may be argued against the proposition that there still remains upon

the statute books of some States the word “male” to an exclusion, but as

the Constitution in its paramount character can only be read by the

light of the established principle, _ita lex Scripta est_; and as the

subject of sex is not mentioned and the Constitution is not limited

either in terms or by necessary implication in the general rights of

citizens to vote, this right cannot be limited on account of anything in

the spirit of inferior or previous enactments upon a subject which is

not mentioned in the supreme law. A different construction would destroy

a vested right in a portion of the citizens, and this no legislature has

a right to do without compensation, and nothing can compensate a citizen

for the loss of his or her suffrage—its value is equal to the value of

life. Neither can it be presumed that women are to be kept from the

polls as a mere police regulation: it is to be hoped, at least, that

police regulations in their case need not be very active. The effect of

the amendments to the Constitution must be to annul the power over this

subject in the States whether past, present or future, which is contrary

to the amendments. The amendments would even arrest the action of the

Supreme Court in cases pending before it prior to their adoption, and

operate as an absolute prohibition to the exercise of any other

jurisdiction than merely to dismiss the suit.

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 57 / 156 题