I have a natural right to as much fresh air as I can breathe; if you shut me in a close room with door and windows barred, that does not invalidate my right to breathe pure, fresh air. I have a natural right to obey the dictates of my own conscience, and to worship God as I choose. If you are physically stronger than I am, or if you are legally stronger than I am and use your strength to prevent the exercise of these natural rights, you by no means destroy them. Though I do not use these rights, I still possess them. The framers of this government, the men and the women who voted at that early day had never until then, exercised their natural rights of self-government; when they chose, they took them up.
But people tell us it was not the intention to include women. What then was the intention? Did the framers of the Declaration intend to leave women under the government of Great Britain? Did they intend to set themselves and their male compeers free, and leave women behind, under a monarchy? Were not women intended to be included in the benefits of the constitution?
Oh, but says some one, they were intended to be generally included, but the amendments had nothing to do with them.
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 It can be repealed, abolished, destroyed, but not amended; except in accordance with its original character.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