Government in its two highest functions is legislative and judicial. By these powers the sovereignty prescribes the law, and directs its application to the vindication of rights and the redress of wrongs. Conscience and intelligence are the only forces which enter into the exercise of this highest and primary function of government. The remaining department is the executive or administrative, and in all forms of government—the republican as well as in tyranny—the primary element of administration is force, and even in this department conscience and intelligence are indispensable to its direction.

If now we are to decide who of our sixty millions of human beings are to constitute the citizenship of this Republic and by virtue of their qualifications to be the law-making power, by what tests shall the selection be determined?

The suffrage which is the sovereignty is this great primary law-making power. It is not the executive power proper at all. It is not founded upon force. Only that degree of physical strength which is essential to a sound body—the home of the healthy mental and moral constitution—the sound soul in the sound body is required in the performance of the function of primary legislation. Never in the history of this or any other genuine republic has the law-making power, whether in general elections or in the framing of laws in legislative assemblies, been vested in individuals who have exercised it by reason of their physical powers. On the contrary, the physically weak have never for that reason been deprived of the suffrage nor of the privilege of service in the public councils so long as they possessed the necessary powers of locomotion and expression, of conscience and intelligence, which are common to all. The aged and the physically weak have, as a rule, by reason of superior wisdom and moral sense, far more than made good any bodily inferiority by which they have differed from the more robust members of the community in the discussion and decisions of the ballot-box and in councils of the state.

The executive power of itself is a mere physical instrumentality—an animal quality—and it is confided from necessity to those individuals who possess that quality, but always with danger, except so far as wisdom and virtue control its exercise. And it is obvious that the greater the mass of higher and spiritual forces, whether found in those to whom the execution of the law is assigned or in the great mass by whom the suffrage is exercised, and who direct the execution of the law, the greater will be the safety and the surer will be the happiness of the state.

It is too late to question the intellectual and moral capacity of woman to understand great political issues (which are always primarily questions of conscience—questions of the intelligent application of the principles of right and of wrong in public and private affairs) and properly decide them at the polls. Indeed, so far as your committee are aware, the pretense is no longer advanced that woman should not vote by reason of her mental or moral unfitness to perform this legislative function; but the suffrage is denied to her because she can not hang criminals, suppress mobs, nor handle the enginery of war. We have already seen the untenable nature of this assumption, because those who make it bestow the suffrage upon very large classes of men who, however well qualified they may be to vote, are physically unable to perform any of the duties which appertain to the execution of the law and the defense of the state. Scarcely a Senator on this floor is liable by law to perform a military or other administrative duty, yet the rule so many set up against the right of women to vote would disfranchise nearly this whole body.

But it unnecessary to grant that woman can not fight. History is full of examples of her heroism in danger, of her endurance and fortitude in trial, and of her indispensable and supreme service in hospital and field; and in the handling of the deft and horrible machinery and infernal agencies which science and art have prepared and are preparing for human destruction in future wars, woman may perform her whole part in the common assault or the common defense. It is hardly worth while to consider this trivial objection that she is incompetent for purposes of national murder or of bloody self-defense as the basis of the denial of a great fundamental right, when we consider that if that right were given to her she would by its exercise almost certainly abolish this great crime of the nations, which has always inflicted upon her the chief burden of woe.

It will be admitted that the act of voting is operative in government only as a means of deciding upon the adoption or rejection of measures or of the selection of officers to enact, administer, and execute the laws.

In the discharge of these functions it also must be admitted that intelligence and conscience are the faculties requisite to secure their proper performance.

In this day when woman has demonstrated that she is fully the intellectual equal of man in the profound as well as in the politer walks of learning—in art, science, literature, and, considering her opportunities, that she is not his inferior in any of the professions or in the great mass of useful occupations, while she is, in fact, becoming the chief educator of the race and is the acknowledged support of the great ministrations of charity and religion; when in such great organizations as the suffrage associations, missionary societies, the National Woman's Christian Temperance Union, and even upon the still larger scale of international action, she has exhibited her power by mere moral influences and the inspiration of great purposes, without the aid of legal penalties or even of tangible inconveniences, to mold and direct the discordant thought and action of thousands and millions of people scattered over separate States, and sometimes even living in countries hostile to each other to the accomplishment of great earthly or heavenly ends, it is unreasonable to deny to woman the suffrage in political affairs upon the false allegation that she is wanting in the very qualities most indispensable and requisite for the proper exercise of this great right.

The advocates of universal male suffrage have long since ceased to deny the ballot to woman upon the ground that she is unfit or incompetent to exercise it.

There is a class of high-stepping objectors, like Ouida, who decry the sound judgment and moral excellence of woman as compared with man, but in the same breath these people deny the suffrage to the masses of men and advocate "the just supremacy of the fittest," so that no time need be wasted in refutation of those malignant and libelous aspersions upon our mothers, sisters, and wives, which, when carried to logical conclusions by their own authors, deny the fundamental principles of liberty to man and woman alike, and reassert in its baldest form the dogma that "the existing system of electoral power all over the world is absurd, and will remain so because in no nation is there the courage, perhaps in no nation is there the intellectual power, capable of putting forward and sustaining the logical doctrine of the just supremacy of the fittest."

In fact the minority of the committee, and this is true of all honest, intelligent men who believe in the republican system of government at all, concede that woman has the capacity and moral fitness requisite to exercise the ballot. That class of women represented by the author of "Letters from a Chimney Corner," whose work has been adopted by the minority as the basis of their report, speaking through the "fair authoress," say that "if women were to be considered in their highest and final estate as merely individual beings, and if the right to the ballot were to be conceded to man as an individual, it might perhaps he logically argued that women also possessed the inherent right to vote." Let me read from the views of the minority on page 1:

The undersigned minority of the Committee of the Senate on Woman Suffrage, to whom was referred Senate Resolution No. 5, proposing an amendment to the Constitution of the United States to grant the right to vote to the women of the United States, beg leave to submit the following minority report, consisting of extracts from a little volume entitled, "Letters from a Chimney Corner," written by a highly cultivated lady, Mrs. –, of Chicago, This gifted lady has discussed the question with so much clearness and force that we make no apology to the Senate for substituting quotations from her book in place of anything we might produce. We quote first from chapter 3, which is entitled "The value of suffrage to women much overestimated."

The fair authoress says:

"If women were to be considered in their highest and final estate as merely individual beings, and if the right to the ballot were to be conceded to man as an individual, it might perhaps be logically argued that women also possessed the inherent right to vote. But from the oldest times, and through all the history of the race, has run the glimmer of an idea, more or less distinguishable in different ages and under different circumstances, that neither man nor woman is, as such, individual; that neither being is of itself a whole, a unit, but each requires to be supplemented by the other before its true structural integrity can be achieved. Of this idea, the science of botany furnishes the moat perfect illustration. The stamens on the one hand, and the ovary and pistil on the other, may indeed reside in one blossom, which then exists in a married or reproductive state. But equally well, the stamens or male organs may reside in one plant, and the ovary and pistil or female organs may reside in another. In that case, the two plants are required to make one structurally complete organization. Each is but half a plant, an incomplete individual by itself. The life principle of each must be united to that of the other; the twain must be indeed one flesh before the organization is either structurally or functionally complete."

This is a concession of the whole argument, unless the highest and final estate of woman is to be something else than a mere individual. It would also follow that if such be her destiny—that is, to be something else than a mere "individual being"—and if for that reason she is to be denied the suffrage, then man equally should be denied the ballot if his highest and final estate is to be something else than a "mere individual."

Thereupon the minority of the committee, through the "Fair Authoress," proceed to show that both man and woman are designed for a higher final estate—to wit, that of matrimony. It seems to be conceded that man is just as much fitted for matrimony as woman herself, and thereupon the whole subject is illuminated with certain botanical lore about stamens and pistils, which, however relevant to matrimony, does not seem to me to prove that therefore woman should not vote unless at the same time it proves that man should not vote either. And certainly it can not apply to those women any more than to those men whose highest and final estate never is merged in the family relation at all, and even "Ouida" concedes "that the project … to give votes only to unmarried women may be dismissed without discussion, as it would be found to be wholly untenable."

There is no escape from it. The discussion has passed so far that among intelligent people who believe in the republican form—that is, free government—all mature men and women have under the same circumstance and conditions the same rights to defend, the same grievances to redress, and, therefore, the same necessity for the exercise of this great fundamental right, of all human beings in free society. For the right to vote is the great primitive right. It is the right in which all freedom originates and culminates. It is the right from which all others spring, in which they merge, and without which they fall whenever assailed.

This right makes, and is all the difference between government by and with the consent of the governed and government without and against the consent of the governed; and that is the difference between freedom and slavery. If the right to vote be not that difference, what is? No, sir. If either sex as a class can dispense with the right to vote, then take it from the strong, and no longer rob the weak of their defense for the benefit of the strong.

But it is impossible to conceive of the suffrage as a right dependent at all upon such an irrelevant condition as sex. It is an individual, a personal right. It may be withheld by force; but if withheld by reason of sex it is a moral robbery.

But it is said that the duties of maternity disqualify for the performance of the act of voting. It can not be, and I think is not claimed by any one, that the mother who otherwise would be fit to vote is rendered mentally or morally less fit to exercise this high function in the state because of motherhood. On the contrary, if any woman has a motive more than another person, man or woman, to secure the enactment and enforcement of good laws, it is the mother, who, beside her own life, person, and property, to the protection of which the ballot is as essential as to the same rights possessed by man, has her little contingent of immortal beings to conduct safely to the portals of active life through all the snares and pitfalls woven around them by bad men and bad laws which bad men have made, or good laws which bad men, unhindered by the good, have defied or have prostituted, and rightly to prepare, them for the discharge of all the duties of their day and generation, including the exercise of the very right denied to their mother.

Certainly, if but for motherhood she should vote, then ten thousand times more necessary is it that the mother should be guarded and armed with this great social and political power for the sake of all men and women who are yet to be. But it is said that she has not the time. Let us see. By the best deductions I can make from the census and from other sources there are 15,000,000 women of voting age in this country at the present time, of whom not more than 10,000,000 are married and not more than 7,500,000 are still liable to the duties of maternity, for it will be remembered that a large proportion of the mothers of our country at any given time are below the voting age, while of those who are above it another large proportion have passed beyond the point of this objection. Not more than one-half the female population of voting age are liable to this objection. Then why disfranchise the 7,500,000, the other half, as to whom your objection, even if valid as to any, does not apply at all; and these, too, as a class the most mature and therefore the best qualified to vote of any of their sex? But how much is there of this objection of want of time or physical strength to vote, in its application to women who are bearing and training the coming millions? The families of the country average five persons in number. If we assume that this gives an average of three children to every pair, which is probably the full number, or if we assume that every married mother, after she becomes of voting age, bears three children, which is certainly the full allowance, and that twenty-four years are consumed in doing it, there is one child born every eight years whose coming is to interfere with the exercise of a duty of privilege which, in most States, and in all the most important elections, occurs only one day in two years.

That same mother will attend church at least forty times yearly on the average from her cradle to her grave, beside an infinity of other social, religious, and industrial obligations which she performs and assumes to perform because she is a married woman and a mother rather than for any other reason whatever. Yet it is proposed to deprive women—yes, all women alike—of an inestimable privilege and the chief power which can be exercised by any free individual in the state for the reason that on any given day of election not more than one woman in twenty of voting age will probably not be able to reach the polls. It does seem probable that on these interesting occasions if the husband and wife disagree in politics they could arrange a pair, and the probability is, that arrangement failing, one could be consummated with some other lady in like fortunate circumstances, of opposite political opinions. More men are kept from the polls by drunkenness, or, being at the polls, vote under the influence of strong drink, to the reproach and destruction of our free institutions, and who, if woman could and did vote, would cast the ballot of sobriety, good order, and reform under her holy influences, than all those who would be kept from any given election by the necessary engagements of mothers at home.