An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.Anonymous
History
An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.
Anonymous
Anthony, Susan B. (Susan Brownell), 1820-1906 -- Trials, litigation, etc.; Election law -- United States; Women -- Suffrage -- United States
Let us look at this. Is it possible to amend a Constitution not in
accordance with its underlying principles? It can be repealed,
abolished, destroyed, but not _amended; except in accordance with its
original character_. The Supreme Court of the United States has declared
that the powers of the Constitution are granted by the people, and are
to be exercised strictly _on them_, and _for their benefit_.
Story asks, "Who are the parties to this great contract?" and answers
the question by saying, "The people of the United States are the parties
to the Constitution."
_Com. on Con._
_Com. on Con. Legal Rules_, 283, says:
"This first paragraph of the Constitution, declaring its ends, is
the most vital part of the instrument, revealing its spirit and
intent, _and the understanding of its framers_."
Here we have the recognized legal rule that the understanding or
INTENTION of the framers of an instrument is to be found in its first
paragraph, and the first paragraph of the Constitution declares it was
framed BY THE PEOPLE, and for the purpose of securing the blessings of
liberty to themselves and their posterity. The native-born American
women of to-day, are the posterity of the framers of the Constitution,
which was thus designed for their benefit. The intention to include
women is here positive; women are part of the people now, and ever have
been. "Rules of legal interpretation are general in their character,"
and so general has the interpretation of the Constitution been, that not
only did the people who framed the Constitution, and their posterity,
come in for its blessings, but the people also of every nation and
tongue, from continent or isles of the sea, who come to us, are included
in its benefits. Who can say our forefathers _intended_ to include
Chinamen, or Sandwich Islanders, or the Norwegian, Russian, or Italian
in its benefits? Yet they do all share in it as soon as they become
citizens. How absurd we should think the assertion that it was not the
Lord's intention to hold the people of the United States under the law
of the Ten Commandments, as they were given to the Jews alone, some four
thousand years before the United States existed as a nation.
Massachusetts never abolished slavery by legislative act; never
intentionally abolished it. In 1780 that State adopted a new
Constitution with a Bill of Rights, declaring "All men born free and
equal." Upon this, some slaves demanded their freedom, and their masters
granted it. The slavery of men and _women_, both, was thus destroyed in
Massachusetts without intention on the part of the framers of the
Constitution, and this, because it is a legal rule to argue down from
generals to particulars, and that the "words of a statute ought not to
be interpreted to destroy natural justice;" but as Coke says, "Whenever
the question of liberty runs doubtful, _the decision must be given in
favor of liberty_."
_Digest C.L._
Public-domain text, read in full here on John Shaqi.
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