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 can not 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. 3 Dall., 382; 6 Wheaton, 405; 9 ib., 868; 3d Circ. Pa., 1832.
And if the restrictions contained in the Constitution as to color, race or servitude, were designed to limit the State governments in reference to their own citizens, and were intended to operate also as restrictions on the federal power, and to prevent interference with the rights of the State and its citizens, how, then, can the State restrict citizens of the United States in the exercise of rights not mentioned in any restrictive clause in reference to actions on the part of those citizens having reference solely to the necessary functions of the General Government, such as the election of representatives and senators to Congress, whose election the Constitution expressly gives Congress the power to regulate? S. C., 1847; Fox vs. Ohio, 5 Howard, 410.
Your memorialist complains of the existence of State laws, and prays Congress, by appropriate legislation, to declare them, as they are, annulled, and to give vitality to the Constitution under its power to make and alter the regulations of the States contravening the same.
It may be urged in opposition that the courts have power, and should declare upon this subject. The Supreme Court has the power, and it would be its duty so to declare the law: but the court will not do so unless a determination of such point as shall arise make it necessary to the determination of a controversy, and hence a case must be presented in which there can be no rational doubt. All this would subject the aggrieved parties to much dilatory, expensive and needless litigation, which your memorialist prays your honorable body to dispense with by appropriate legislation, as there can be no purpose in special arguments "ad inconvenienti," enlarging or contracting the import of the language of the Constitution.
Therefore, Believing firmly in the right of citizens to freely approach those in whose hands their destiny is placed under the Providence of God, your memorialist has frankly, but humbly, appealed to you, and prays that the[Pg 448]