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Case No. 3091, Ellen R. Van Valkenburg v. Albert Brown, Brief of Respondent
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Date:
October 2, 1871
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Description:
A Brief of Respondent is filed in the appellate court by the party who won in the previous trial and defends the lower court’s original decision. Ellen Van Valkenburg began an important legal battle for women’s enfranchisement in California on July 21, 1871, when she requested that Santa Cruz County Clerk Albert Brown enter her name in the Great Register of voters. After Brown (a willing accomplice in helping her bring the case to court) refused to register her, Van Valkenburg and her lawyer, Santa Cruz Judge Albert Hagan, began legal proceedings by requesting a writ of mandamus, a judicial remedy used to compel agencies to perform ministerial acts, such as registering voters. Van Valkenburg and Hagan argued her case by citing the 14th Amendment of the U.S. Constitution. The new amendment, ratified 3 years earlier in 1868, defined all persons born or naturalized in the U.S. as citizens protected by civil rights. Van Valkenburg and Hagan asserted that American women were considered citizens under this amendment, and that citizenship automatically granted absolute rights, including the right to vote. The case first went to California’s Third District Court. Many of America’s most prominent suffragists, including Elizabeth Cady Stanton and Susan B. Anthony, were with Van Valkenburg in Santa Cruz when the lower court ruled against her on August 16, 1871. Van Valkenburg and Hagan swiftly appealed this decision through the Supreme Court of California. In the end, the Supreme Court of California upheld the lower court’s verdict under the reasoning that as a white American woman, Van Valkenburg already had citizenship and civil rights prior to the passage of the 14th amendment, and that the 14th amendment did not provide her with any additional political rights, such as the right to vote. While Van Valkenburg lost her case, and subsequent lawsuits failed to secure women's suffrage nationwide, the case stands as a critical early example of legal advocacy for women's political rights in California.
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Right:
Public Domain. No restrictions on use. For access to a higher resolution version of this file, or for permission to reproduce or publish, please contact California State Archives staff via email at reference@sos.ca.gov or call the Reference Desk at (916) 653-2246. Permission for reproduction or publication is given on behalf of the California State Archives, Office of the Secretary of State, as the owner of the physical items. The researcher assumes all responsibility for possible infringement that may arise from reproduction or publication of materials from the California State Archives' collections.
Source:
Supreme Court of California Records, WPA3494, California State Archives, Office of the Secretary of State, Sacramento, California.
Format:
Language:
English
Type:
Text
