Speech #510089412

I will not detain the Senate by reading the whole of this decision. but will read a little more. It proceeds: The case of Minor vs. Happersett (21 Wall.. 162) is also cited for the purpose of showing that the provisions of the fourteenth amendment to the Constitution of the United States. wherein it is said that 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. are by the words used in affirmance of the construction contended for by appellant. The decision proceeds upon an exactly opposite theory and denies the doctrine contended for. and therefore it does not follow that the use of the word "citizen" in the enabling act conveys the idea or carries with it the proposition that the Legislature has the right to confer the privilege of suffrage upon female citizens. nor can it be true. unless it be further contended that at the time of the passage of the organicact of the Territory the word "citizen "necessarily implied a female as well as a male citizen when used as empowering the Legislature to grant the privilege of voting to all citizens. In conclusion the court say: In 1852.when this act was passed. the word "citizen" -was used as a qualification for voting and holding office. and. in our judgment. the word then meant and still signifies male citizenship and must be so construed.