Her Memorial to Congress on the Subject of Woman Suffrage. Washington, January 11, 1871. At precisely the hour appointed Mrs. Woodhull was in her seat in the committee room, awaiting the appearance of the representatives of the legislative body that had declared itself ready to hear anything or everything she had to say pertaining to why she should not be allowed all the “privileges and immunities belonging to citizenship.” To Mrs. Woodhull alone, it is said, belongs the discovery of detecting that, under the rulings of the fourteenth and fifteenth amendments to the Constitution, women are entitled to the ballot. The members of the Judiciary Committee are rather slow in getting to their seats. At half past 10 Mr. Bingham might have been seen in his chair, his hands pinned closely to the back of it, and his expressive face aglow with manly patience. On the opposite side of the table sat Judge Loughridge, of Iowa, leaning listlessly on his hand, his keen, good-natured eyes alive with expectation. Judge Loughridge is fully committed to the movement, but as he is a single man, he is liable to be responsible for any amount of mischief. Mr. Cook, of Illinois, and Mr. Eldridge, of Wisconsin, only were in their places. As time would not wait for laggard members, and the precious morning was slipping away, Mrs. Woodhull was reminded by Mr. Bingham that she could proceed. At this time the room was sparsely filled, and nearly all present were women, friends to the movement, and the majority were people from different States. Almost hidden from sight in the deep recesses of a The memorial of Victoria Woodhull to the Honorable the Senate and the House of Representatives, United States of America, in Congress assembled, respectfully showeth: That she was born in the State of Ohio, and is above the age of twenty-one years; that she has resided in the State of New York during the past three years; that she is still a resident thereof, and that she is a citizen of the United States as declared by the fourteenth article of amendment to the Constitution of the United States. That since the adoption of the fifteenth article of amendment to the Constitution neither the State of New York nor any other State, nor any Territory, has passed any law to abridge any citizen of the United States to vote, as established by said articles, neither on account of sex or otherwise. That, nevertheless, the right to vote is denied to women citizens of the United States by the operation of election laws in the several States and Territories, which laws were enacted prior to the adoption of the said fifteenth article, and which article is inconsistent with the Constitution as amended, and therefore are void and of no effect; but, which, being still invoked by the said States and Territories, render the Constitution inoperative as regards the right of women citizens to vote. And whereas article six, section second, declares “That 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 all judges in every State shall be bound thereby, anything in the constitution and laws of any State to the contrary notwithstanding.” And whereas no distinction between citizens is made in the Constitution of the United States on account of sex, but the fourteenth article of amendments to it provides that “No State shall make or enforce any law which shall abridge the privileges and immunities of the citizens of the United States nor deny to any person within its jurisdiction the equal protection of the laws.” And whereas Congress has power to make laws which shall be necessary and proper for carrying into execution all powers vested by the Constitution in the Government of the United States, and to make or alter all regulations in relation to holding elections for Senators and Representatives, and especially to enforce by appropriate legislation the provisions of the fourteenth article. And whereas the continuance of the enforcement of said local election laws, denying and abridging the right of citizens to vote on account of sex, is a grievance to your memorialists and to various other persons, citizens of the United States, being women. Therefore your memorialists would most respectfully petition your And your memorialists will ever pray. Victoria C. Woodhull. New York City, December 19, 1870. After Mrs. Woodhull had finished her memorial, Miss Susan B. Anthony took the floor and told the committee that she had hurried as fast as railroad and speed would allow her from Kansas, last winter, at this time, in order to get a petition before this body, but after all she was glad that Wall Street had spoken. Mrs. Beecher Hooker now arose and said that after the subject had been presented to her in this light she had immediately written to Myra Bradwell, who was practicing law in Chicago, for a judicial opinion. She had also invited Mrs. Bradwell to come to this convention and plead the case. Mrs. Bradwell declined on the plea of ill-health, but at the same time she sent a written opinion of the judge of the Superior Court and had presented this to Mr. Riddle, one of the ablest lawyers in the country, and, at her request, Mr. Riddle would now address the committee. Mr. Riddle arose and said he meant to say nothing save what would bear upon the case; however, he meant to say strongly what he intensely felt, and whoever would take the pains to examine the Constitution which he held in his hands would not attempt to gainsay the facts contained therein. The right of suffrage is a natural right. The right of self-government pertains to all alike, the right to be exercised as all other rights. The right to dress is a natural right, and the right to consume food no matter how artificially prepared is another. What was necessary to bring the negro race to the enjoyment of their natural rights? It was simply to remove obstructions. Legislation can regulate the franchise but not prohibit it. Those who were content for women to vote must do it in one of two ways—either get rid of the word The speaker was interrupted by Mr. Cook, of Illinois, asking: “What clause of the Constitution would give us the right to allow Mrs. Woodhull the exercise of suffrage in New York?” Mr. Riddle replied: “All persons who live under the Constitution are citizens of the United States; those who framed it meant citizenship. We have no half citizens.” Mrs. Hooker arose and said this term “citizen” had not been fully defined. Mr. Riddle proceeded to say: “If you look into the dictionaries, you will find it means an inhabitant of a city who is allowed the enjoyment of political rights. The fourteenth amendment claims that all born within the jurisdiction of the United States are citizens, and it also says no State shall make laws to abridge the privileges of citizenship. What does privilege or immunity mean? It means that New York shall not do anything to abridge the privileges.” The speaker was again interrupted by Mr. Eldridge, of Wisconsin, asking, “Do you claim by this prohibition that the natural rights of infants must not be interfered with, as well as idiots, who must come under the law as you interpret it?” Mrs. Hooker answered, “That State may say when I may exercise it, but not whether I may do so.” Mrs. Hooker’s lawyer then proceeded to read from law books some very substantial authority, but the writer could not see its application to the case. He then said two citizens of two different States had a law-suit. Delaware set out to know whether she had the right to rake the oyster beds of New Jersey. In this suit the meaning of “citizen” was thoroughly and carefully discussed, but Mr. Riddle did not let us know whether the Jersey oyster Mrs. Hooker arose and said that it was not of so much consequence when the right came. For her part she would not allow men to vote until they were twenty-five years old. The one great power that keeps a government alive is personal responsibility and personal liberty. She had heard people say that we could run our national machine alone; but here comes the foreigner with his ignorance and his ways so different from ours. When he first comes he expects to be equal with the first in the country, but he sees his neighbor living in a fine house, unaccustomed to labor, and the spirit of hatred is engendered. But at the polls, at least one day in the year, he is equal to the greatest man in the whole land, and it makes a man of him. It teaches him to think that he is helping to frame the laws under which we live. I used to think a man should be here ten or twenty years in order to understand our institutions, but now I would give him the ballot as soon as his naturalization papers could be made out; and, gentlemen, when you limit manhood, you cut your own throats. When, with God’s aid, the oak ribs were put in the Mayflower, he knew what was to be the result. Miss Anthony then arose and said few women have persecuted Congress as she had done, and she was glad that new, fresh voices were heard to-day. “But, gentlemen, Mrs. Hooker caught the last refrain as Miss Anthony sat down and said: “Pledge yourselves, gentlemen, that we should have a hearing in Congress;” but the gentlemen did not pledge themselves, and the meeting between Mrs. Woodhull and her Co-workers and the Judiciary Committee came to an end. Mrs. General Farnsworth, wife of the member from Illinois, and Mrs. Ely, of New Hampshire, represented the Congressional element of the House, but the Senatorial dames were unfortunately detained elsewhere. Olivia. |