Page:History of Woman Suffrage Volume 2.djvu/541

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Judiciary Commitee Hearing of 1872.
513

If so much has been done, we have already gone beyond the "intention" of the framers of the amendments, if, as some say, they did not intend to touch the status of woman at all. But with or without intent, a law stands as it is written—"Lex ita scripta est." The true rule of interpretation, says Charles Sumner, under the National Constitution, especially since its additional amendments, is that anything for human rights is constitutional. "No learning in the books, no skill in the courts, no sharpness of forensic dialectics, no cunning in splitting hairs, can impair the vigor of the constitutional principle which I announce. Whatever you enact for human rights is constitutional, and this is the supreme law of the land, anything in the constitution or laws of any State to the contrary notwithstanding."

Susan B. Anthony said—Gentlemen of the Judiciary Committee: It is not argument nor Constitution that you need; you have already had those. I shall therefore refer to existing facts. Prior to the war the plan of extending suffrage was by State action, and it was our boast that the National Constitution did not contain a word that could be construed into a barrier against woman's right to vote. But at the close of the war Congress lifted the question of suffrage for men above State power, and by the amendments prohibited the deprivation of suffrage to any citizen by any State. When the XIV. Amendment was first proposed in Congress, we rushed to you with petitions, praying you not to insert the word "male" in the second clause. Our best woman-suffrage men, on the floor of Congress, said to us the insertion of the word there puts up no new barrier against woman; therefore do not embarrass us, but wait until the negro question is settled. So the XIV. Amendment, with the word "male," was adopted. Then, when the XV. Amendment was presented without the word "sex," we again petitioned and protested, and again our friends declared to us that the absence of that word was no hindrance to us, and again they begged us to wait until they had finished the work of the war. "After we have freed the negro, and given him a vote, we will take up your case." But have they done as they promised? When we come before you, asking protection under the new guarantees of the Constitution, the same men say to us our only plan is to wait the action of Congress and State Legislatures in the adoption of a XVI. Amendment that shall make null and void the insertion of the word "male" in the XIV., and supply the want of the word "sex" in the XV. Such tantalization endured by yourselves, or by any class of men, would have wrought rebellion, and in the end a bloody revolution. It is only the friendly relations that exist between the sexes that has prevented any such result from this injustice to women.

Gentlemen, I should be sure of your decision could you but realize the fact that we, who have been battling for our rights, now more than twenty years, have felt, and now feel, precisely as you would under such circumstances. Men never do realize this. One of the most ardent lovers of freedom (Senator Sumner), said to me, two winters ago, after our hearing before the Committee of the District, "Miss Anthony, I never realized before that you, or any woman, could feel the disgrace, the degradation, of disfranchisement precisely as I should if my fellow-