rivilege of
the elective franchise cannot justly be denied to women. 2d. That women
need it for their protection. 3d. That the welfare of both sexes will be
promoted by granting it to them.

Having occupied much more time than I intended in showing the justice
and propriety of the claim made by my client to the privileges of a
voter, I proceed to the consideration of the present state of the law on
that subject:

It would not become me, however clear my own convictions may be on the
subject, to assert the right of women, under our constitution and laws
as they now are, to vote at presidential and congressional elections, is
free from doubt, because very able men have expressed contrary opinions
on that question, and, so far as I am informed, there has been no
authoritative adjudication upon it; or, at all events, none upon which
the public mind has been content to rest as conclusive. I proceed,
therefore, to offer such suggestions as occur to me, and to refer to
such authorities bearing upon the question, as have fallen under my
observation, hoping to satisfy your honor, not only that my client has
committed no criminal offense, but that she has done nothing which she
had not a legal and constitutional right to do.

It is not claimed that, under our State constitution and the laws made
in pursuance of it, women are authorized to vote at elections, other
than those of private corporations, and, consequently, the right of Miss
Anthony to vote at the election in question, can only be established by
reference to an authority superior to and sufficient to overcome the
provisions of our State constitution. Such authority can only be found,
and I claim that it is found in the constitution of the United States.
For convenience I beg leave to bring together the various provisions of
that constitution which bear more or less directly upon the question:

ARTICLE I, Section 2. "The House of Representatives shall be composed of
members chosen every second year, by the people of the several States;
and the electors in each State shall have the qualifications for
electors of the most numerous branch of the State legislature."

The same Article, Section 3, "The Senate of the United States shall be
composed of two senators from each State, chosen by the legislature
thereof for six years; and each senator shall have one vote."

ARTICLE II, Section 1. "Each State shall appoint in such manner as the
legislature thereof may direct, a