touched the rights of women where protection has been secured her
by legislation outside of itself. One instance that has come to
my knowledge since I have been in your city, is in the case of
pensions for colored women. The United States not only secured
the ballot to the black male citizen outside of State authority,
but it has touched the family relation with its powerful hand. It
has assumed that the woman with whom a colored soldier was living
at the time of his death was his wife, notwithstanding he may
have lived for many years in recognized married relations with
another woman, and become the father of children by her during
this period. In one case coming under the cognizance of our
Washington lawyer, Mrs. Lockwood, a pension was, by United States
authority, thus granted to a woman living with such colored
soldier at the time of his death, although she had no other claim
upon it. This soldier, during the period of slavery, had been
married in his master's house to another woman by a regularly
ordained clergyman, and by that wife had become the father of
five or six children. This woman was his lawful widow, according
to State and church law. These children were his lawful children,
according to State and church law, but the United States stepped
in, and made this married woman an outcast, and left her children
in the world with the brand of illegitimacy. The women of the
Territories of Wyoming and Utah are not secure in their political
rights, because the women of the Nation have none. Scarcely a
session of Congress but some politician introduces a bill to
disfranchise the women of these Territories.
In regard to the religious aspects of this Utah question. I care
for it only so far as it touches woman's political rights,
although I do know that woman's political wrongs and her
religious wrongs have been very closely intermingled in the past.
I recall a Papal Bull of Urban II., in the 12th century, which
compelled priests to discard their wives, making of thousands of
women in England, wives who were not wed; of children, offspring
who had no recognized fathers. We of the National Woman Suffrage
Association have nothing to do with the religious rights of women
in Utah, except in so far as they intermingle with and touch
woman's political rights. But the Utah question, which now comes
up again, is not simply a religious question. The Government is
continuously striving to destroy the political rights of the
women of this Territory. Its Governor is a United States officer,
and in his last report to the Secretary of the Interior, he so
far transcended the duties of his office as to suggest the
disfranchisement of Utah women. Almost every session of Congress
sees some bill of similar import introduced.
The General Government did not confer this right, did not secure
even the exercise of it. The territorial Legislature, the same as
in Wyoming, secured to women the exercise of the right of
suffrage; the United States, according to its own theory, has no
authority to interfere with this right, because, according to
that theory, it has nothing at all to do with the suffrage
question. Yet it proposes to disfranchise those women as a
punishment for their religious belief; it proposes to make social
outcasts of them, as it has already done with the wives of some
of its black soldier voters.
Looking back through history we find no act of the Romish Church
more vile than that which compelled its priests to disown their
wives and legitimate children--none which so utterly demoralized
society, and destroyed its tens of thousands of women. And
although, as a body of reformers, I again say we do not touch
religion except where it, and politics together, infringe upon
the rights of women, I do not hesitate to say for myself
individually, that I have no faith in any form of religion, be it
what it may, Christian, Mohammedan, Buddhist, that receives
revelation only through some man; or farther than that, I will
say, I have no faith in any form of religion that does not place
man and woman on an exact equality of religious rights. Two forms
of religion of the present day which have risen through woman, or
as revelations to her, namely the Shaker and the Spiritual, do
give us equality of religious rights, for man and woman. But I
call your attention to the inconsistency of United States laws,
and their especial injustice to women by interference with those
rights secured them by State or Territorial laws, as in case of
the colored soldier's wife; as in case the assumption that the
United States had a right to prohibit the exercise of the
suffrage by a woman in New York, although New York itself did not
interfere; as in case of the virtual prohibition by the United
States of jury rights to the women of Wyoming; as in case of the
presumptuous suggestion of the Governor of Utah that its women
should be disfranchised; as in case of such bills so often
introduced in Congress.
I know something of the opinion of the women of the Nation, and I
know they intend to be recognized as citizens secured in the
exercise of all the powers and rights of citizens. If this
security has not come under the XIV. Amendment, it must come
under a XVI., for woman intends to possess "equal personal rights
and equal political privileges with all other citizens." She
asks for nothing outside the power of the United States, she asks
for nothing outside the duty of the United States to secure.
Politicians may as well look this fact squarely in the face and
become wise after the wisdom of the world, for in just so far as
they ignore and forget the women of the country, in just so far
will they themselves be ignored and forgotten by future
generations.
The following review of this important case is from the January
number, 1876, of the _Central Law Journal_, St. Louis, Missouri:
WOMAN SUFFRAGE IN ITS LEGAL ASPECT--A REVIEW OF THE CASE OF MINOR
_vs._ HAPPERSETT, 21 WALLACE, U. S. REPORTS.
As a rule, respect should undoubtedly be paid to judicial
decisions. When the court of last resort has considered and
passed upon a question of law, especially if it be one involving
a consideration of constitutional power, as well as of private
right, it is eminently proper that its conclusion should not be
disturbed, unless for reasons of the gravest import. But cases
present themselves at times, in which criticism is not only
justified, but is demanded; and it is only through its aid that
the ultimate truth of any question can be reached and its
principles be correctly established. Nor can courts of justice
take exception to such criticism, since the reports abound with
evidences of the fact that there is no judicial immunity from
error; and we believe that if the glamour of supposed legal
impeccability, that shrouds the judiciary in the eyes of many,
could be removed, a public service would be accomplished. In the
case under consideration an important question of constitutional
law was involved, the construction of which affected not only the
plaintiff therein, but the entire class of persons to which she
belonged, while the decision extends it still further, and makes
it applicable to every citizen of the United States. Thus, while
the particular case may be ended, the entire community has an
interest in the conclusion announced. It is not our purpose to
consider the subject of suffrage as an abstract right; with this
aspect of it we have nothing to do in this article. We shall
treat it solely as a legal right. Under a government of law,
indeed, there are, properly speaking, no abstract rights. All
rights, of person or of property, are legal rights, and it shall
be our purpose to show that the right of Federal suffrage is
recognized in the Constitution of the United States, and
certainly no one will deny its practical exercise during nearly
ninety years. An inspection of the Opinion will show that the
whole matter was summed up in the question, whether suffrage is a
right or privilege appertaining to citizenship of the United
States, for if it be, then the plaintiff's suit was rightly
brought. The opinion, which was delivered by the Chief Justice,
states the matter as follows:
It is contended that the provisions of the Constitution and
laws of the State of Missouri, which confine the right of
suffrage and registration therefor to men, are in violation
of the Constitution of the United States, and therefore
void. The argument is, that as a woman, born or naturalized
in the United States and subject to the jurisdiction
thereof, is a citizen of the United States and of the State
in which she resides, she has the right of suffrage, as one
of the privileges and immunities of her citizenship, which
the State can not by its laws or Constitution abridge.
And on page 170:
If the right of suffrage is one of the necessary privileges
of a citizen of the United States, then the Constitution and
laws of Missouri confining it to men are in violation of the
Constitution of the United States, as amended, and
consequently void. The direct question is therefore
presented, whether all citizens are necessarily voters. The
Constitution does not define the privileges and immunities
of citizens. For that definition we must look elsewhere. In
this case we need not determine what they are, but only
whether suffrage is necessarily one of them. It certainly is
nowhere made so in express terms. The United States has no
voters in the State, of its own creation. The elective
officers of the United States are all elected directly or
indirectly by State voters.
We had supposed that if there was any question that now, at
least, might be regarded as finally settled, both by the late
appeal to arms, and by the Constitutional Amendments, it was that
of the subordination of State to National authority, over any and
all subjects in which the rights and privileges of citizens of
the United States are involved. If the amendments do not cover
this ground, then they are worse than useless. And yet this
decision is a blow at all that constitutes us a Nation. To
declare that the United States has no voters--that its officers
are all elected by State voters, is to completely reverse the
order of things, and subordinate the citizens of the United
States to State authority. It will be observed that this decision
goes far beyond the ground hitherto and ordinarily claimed by the
advocates of what are called "States' Rights."
It has usually been supposed that the States possessed the
authority to regulate the exercise of the franchise by the
Federal voter, but never before was the right itself denied as
appurtenant to Federal citizenship. But now the franchise itself
is declared to be non-existent--Federal officers are elected by
State voters. The subject itself is wholly withdrawn from Federal
supervision and control. Even the amendments can not confer
authority over a matter that has no existence. If, then, the
United States has no voters in the States, it can properly have
nothing to do with the subject of elections. If the citizen of
the United States has no right to vote except as a citizen of a
State, his Federal citizenship is, of course, subordinated to his
State citizenship. It logically follows that much of the recent
legislation on this subject by Congress is destitute of
authority. If members of the House of Representatives are elected
by State voters, as here declared, there is no reason why the
States may not, at their pleasure, recall their representatives,
or refuse to elect them, as in 1860 the Southern States claimed
it to be their right to do; and if a sufficient number can be
united in such a movement, the Federal Government will be
completely at their mercy. It may also well be doubted how far
the Southern States are bound by legislation in which they had no
part. Notwithstanding the provision of the XIV. Amendment, that
neither the United States nor any State shall assume or pay any
claim for the loss or emancipation of any slave; it (as held by
the Supreme Court in two cases in 13th Wallace, Chief Justice
Chase dissenting), contracts for the sale or hire of slaves
effected before emancipation are valid, upon the ground that to
take away the remedy for their enforcement would be to impair
their obligation, how much less can the owner of a slave be
deprived of his property, which forms the subject-matter of that
contract, without compensation? If his contract can not be
impaired, surely the thing to which that contract relates can not
be taken from him, except upon compensation. Chief Justice Chase
was of the opinion that the above quoted provision of the XIV.
Amendment could be sustained only upon the ground that the XIII.
Amendment wiped out everything, contracts as well as slavery. Yet
the Court held all such contracts to be valid. And see, in this
connection, the case of Wilkinson _vs_. Leland, 2d Peters, 657.
It is idle to say that these suppositions are visionary. What has
happened once, may occur again. It can hardly be questioned that
if in 1860 the seceding States could have pointed to a decision
of the Supreme Court of the United States such as this, the whole
face of affairs might have been different, and the "erring
sisters" permitted to "go in peace"! The "lost cause" may not be
"lost," after all.
But to resume: The Court tells us in its opinion in this case,
that "there can not be a Nation without a people," but it seems
there may be a Nation without voters! Now the people of the
United States may not have a very profound knowledge of their
institutions, but their intelligence certainly rises to the level
of comprehending that a republican government can not be
established or maintained without voters. It would be a manifest
absurdity to say that in a government created by the people, they
are not voters. Inasmuch, then, as it is admitted by the Court,
if the right of suffrage be a privilege of the citizen of the
United States, that the State Constitution and laws confining it
to men are in violation of the Constitution of the United States
and, consequently, void; as contended for by the plaintiff in
this case, we have really only to examine this single point: Does
the Constitution of the United States recognize the right of
suffrage as belonging to its citizens?
Future generations will look with astonishment at the fact that
such a question could be asked seriously. Not only was the
subject debated in the convention that framed the instrument, but
one of its ablest members, Alexander Hamilton, in the
fifty-second number of the _Federalist_, says:
The definition of the right of suffrage is very justly
regarded as a fundamental article of republican government.
It was incumbent on the convention, therefore, to define and
establish this right in the Constitution. To have left it
open for the occasional regulation of the Congress, would
have been improper for the reason just mentioned. To have
submitted it to the legislative discretion of the States,
would have been improper for the same reason; and for the
additional reason, that it would have rendered too dependent
on the State Governments that branch of the Federal
Government which ought to be dependent on the people alone.
To have reduced the different qualifications in the
different States to one uniform rule, would probably have
been as dissatisfactory to some of the States as it would
have been difficult to the convention. The provision made by
the convention appears, therefore, to be the best that lay
within their option. It must be satisfactory to every State;
because it is conformable to the standard already
established, or which may be established by the State
itself. It will be safe to the United States; because, being
fixed by the State Constitutions, it is not alterable by the
State Governments, and it can not be feared that the people
of the States will alter this part of their constitutions in
such a manner as to abridge the rights secured to them by
the Federal Constitution.
Again, in the XV. Amendment, suffrage is recognized as an
existing right of Federal citizenship. It is not created by that
Amendment. It was already existing. The language is:
The right of citizens of the United States to vote shall not
be denied or abridged by the United States, or by any State,
on account of race, color, or previous condition of
servitude.
A right must exist before it can be denied. There can be no
denial of a thing that has no existence. If it should be said the
XV. Amendment relates only to the negro, we reply that this would
be no answer, even if true, which may be doubted; but the point
we are now discussing is the statement of the Court that the
United States has no voters in the States of its own creation, or
in other words, that Federal suffrage does not exist; we have
shown that this a mistake, it being recognized in the
Constitution; and as the argument of the Court was based on its
non-existence it consequently falls to the ground. This really
disposes of the case, but we will notice other points. The Court
says:
After the adoption of the XIV. Amendment, it was deemed
necessary to have a XV: ... The XIV. Amendment had already
provided that no State should make or enforce any law which
should abridge the privileges or immunities of citizens of
the United States. If suffrage was one of these privileges
or immunities, why amend the Constitution to prevent its
being denied on account of race, etc.? Nothing is more
evident than that the greater must include the less, and if
all were already protected, why go through with the form of
amending the Constitution to protect a part?
It is sometimes perilous in argument to ask questions--we will
answer the Court in its own words. In the Slaughter-house cases,
the Court then said:
A few years' experience satisfied the thoughtful men who had
been the authors of the other two amendments, that,
notwithstanding the restraints of those articles on the
States, and the laws passed under the additional powers
granted to Congress, these were inadequate for the
protection of life, liberty, and property, without which
freedom to the slave was no boon. They were in all those
States denied the right of suffrage. The laws were
administered by the white man alone. It was urged that a
race of men distinctively marked as was the negro, living in
the midst of another and dominant race, could never be fully
secured in their person and their property without the right
of suffrage. Hence the XV. Amendment, which declares that
the right of a citizen of the United States to vote shall
not be denied or abridged by any State on account of race,
color, or previous condition of servitude. The negro having,
by the XIV. Amendment, been declared to be a citizen of the
United States, is thus made a voter in every State of the
Union. (16 Wallace, 71.)
For the present argument, it is immaterial whether this result is
effected by the XIV., or XV. Amendment, or both. The point is,
that the Supreme Court here declares the negro to be a voter in
every State of the Union, by virtue of one or both amendments. He
is made a voter (a Federal voter) by the law of the United
States, and not by the State law. Being made a citizen of the
United States, he is thus made a voter in every State of the
Union. This is the very gist of the matter. The whole principle
is summed up in these few words. The franchise is an incident of
the status, or condition of citizenship. Freedom alone was not
enough. The XIII. Amendment made the negro free, but citizenship
was additionally necessary before he became a voter. As soon as
that was achieved, in that moment the franchise followed; to be
enjoyed, in the same manner as by other citizens. If ever a
suitor was entitled to rely with confidence upon judicial
utterances of great principles of law, Mrs. Minor was thus
entitled, in her case. She was a citizen of the United States by
birth; admitted to be possessed of every qualification but that
of sex. Her counsel appeared before this court and quoted its
very language above given, and asked the court to be consistent
with its own teachings. But no. There was no great and powerful
party to back her demand, as in the case of the negro. She was
merely a private individual, and the court contented itself with
saying that the right of suffrage when granted would be
protected! To which it may be replied, if women ever vote, they
will protect themselves; but, if their right should subsequently
be denied by the State, the Supreme Court, according to its own
rulings in this case, could give no protection, since it declares
the right to be wholly within the control of each State. But why
should the court require the women citizens of the United States
to produce a special grant of the right, when it required nothing
of the kind from the negro? Are there two laws in this country,
one for the negro, and another for woman? Does the Constitution
of the United States recognize or permit class distinctions to be
made between its citizens? Yet by this decision, the negro is
placed above the woman. He is her superior. His position is above
her. For our own part, we decline to accept any such construction
of that instrument, knowing that the time will ultimately come
when some claim similar to that of Mrs. Minor will meet with
proper recognition. To make its inconsistency still greater, the
court in this case declares that "allegiance and protection are
reciprocal obligations. The very idea of a political community,
such as a nation is, implies an association of persons for the
promotion of their general welfare. Each one of the persons
associated becomes a member of the nation formed by the
association. He owes it allegiance and is entitled to its
protection," yet in this case that protection is denied. While
the negro, then, is thus declared to be a voter, by reason of his
citizenship, in every State of the Union, there is no law either
of the State or of the Nation, which in terms or by words confers
the ballot upon him. The XV. Amendment does not confer it, but
treats it as a right already existing, and forbids its
deprivation. Likewise the State law assumes its existence, and
makes no change, except to conform to the new condition of the
negro's citizenship. There is no change in the State laws, except
the omission of a word--the word "white"--from the clause "white
male citizens," in the State Constitution. But who ever heard of
a right being conferred by omission? And yet this change of a
single word by the State was an acknowledgment by it of the
supremacy of Federal law touching this subject; and was designed
to make the State law conform to the Federal law, which declares
(XIV. Amendment) that "no State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of
the United States." This conformity extends, however, only so far
as to embrace the negro citizen of the United States, leaving the
far larger class of women citizens of the United States still
under ban of disfranchisement, in plain violation of the
amendment. Under these circumstances, in the case under
consideration, the Supreme Court of the United States was asked
to interpose its authority, and effect by its decree that which
the State should have done, and declare that the word "male" must
be dropped, as well as the word "white."
Had this been done, the State law in its entirety would have
conformed to the paramount law of the United States, while as it
is, it conforms only in part. We are told that slavery was
abolished in Massachusetts, not by an enactment expressly adopted
for the purpose, but by a decision of the Supreme Court in 1781,
that its existence was inconsistent with the declaration in the
Bill of Rights that "all men are born free and equal."
(Bradford's History of Mass., 11, 227; Draper's Civil War, 1,
318; Story on Const., 11, p. 634, note.) So far, however, from
interfering, as it was its plain duty to have done, to protect
this class of United States citizens, the court has gone further
than perhaps it intended, and possibly destroyed the rights of
another class, for the decision, by declaring that the United
States has no voters, virtually renders the XV. Amendment of no
effect. There is nothing upon which it can operate. There being
no voters, there is of course no "right to vote," to be
"protected." So that every citizen of the United States is left
completely at the mercy of the State.
We will now consider that clause of the Constitution of the
United States in which, _as Hamilton said_, the right of suffrage
is defined and established for the citizens of the United States;
which, nevertheless, has most strangely been regarded as
conferring upon the States authority to disfranchise them.
Article 1, sec. 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 requisite for electors of the most numerous branch
of the State Legislature." The section, it will be seen, consists
of two clauses, but there _is not a word as to the sex_ of the
elector. He or she must be one of the people, or citizens--that
is all. The "People" elect. They vote in their respective States,
of course; or, to use the words of Chief Justice Marshall, "when
they act, they act in their States." (4 Wheaton, 403.) This first
clause, then, fixes the class of persons to whom belong this
right of suffrage--_Federal suffrage_--not State suffrage. It
would be absurd in the Federal Constitution to undertake to deal
with State suffrage, and it attempts nothing of the kind. The
right of Federal suffrage, then, attaches or belongs to this
class. The subsequent clause is subordinate to this, and relates
not to the right, but to the exercise of it by the voter. In
other words, it prescribes the qualifications of the elector, as
to how he shall exercise the right; the time, place, and manner
of voting, and the age at which the right shall be enjoyed. As to
all these matters, which are included in the subject of
"qualifications," instead of laying down a uniform rule, to be
applicable all over the Union, the convention thought it best to
adopt the regulations on this subject already in force in the
several States. When the Federal elector, therefore, comes to
vote for United States officers, he finds that he must simply
conform to the regulations laid down by the State for State
voters. But this confers upon the State no authority over the
Federal elector's right of suffrage; far less does it give the
State authority to deprive the Federal elector of this right,
under pretense of laying down for its own citizens an arbitrary
and impossible condition. In the nature of things, a republican
government could not part with this right of suffrage. As
Hamilton says, such right is justly regarded as a fundamental
article in such government. To part with it, would be to part
with its chiefest attribute of sovereignty, and nothing of the
kind was done, or intended.
Except so far, then, as this decision makes it so, there is not a
particle of authority vested in the States to deny this right of
Federal suffrage to the citizen of the United States. The
regulation of the exercise of the franchise is within their
control, as above stated, but the right itself is not theirs to
give or to withhold. _The right to vote for Federal officers_ is
wholly distinct from the right to vote for State officers; but
the fact of these two rights being blended in one and the same
person, and being usually exercised at the same time, has given
rise to the whole difficulty. In consequence of the fact of the
election being conducted by State officers, the State providing
all the machinery for voting, etc., we have become accustomed,
from long habit, to associate in our minds the one franchise with
the other, and thus confound rights that are wholly separate and
distinct.
We notice, in conclusion, the remark of the court touching the
non-assertion heretofore of this right by any one of the class
now claiming to be entitled to it, and the intimation, or
insinuation, that if the right really existed, it would have been
claimed before, etc. It is true that Mrs. Minor's case is of
"first impression," in the Supreme Court of the United States;
but we fail to see that this fact has anything to do with the
principle involved, or that there can be any such thing as a
"limitation" of rights that are fundamental. If the right exists,
and has a constitutional recognition, the time of its assertion
has nothing to do with it. Only weak minds will be influenced by
a fallacy like this. Because the women of a former day did not
see and feel the necessity of making this claim, is no reason why
those who do now see and feel that necessity should have that
claim denied. "Time has no more connection with, nor influence
upon principle, than principle has upon time. The wrong which
began a thousand years ago, is as much a wrong as if it began
to-day; and the right which originates to-day, is as much a right
as if it had the sanction of a thousand years. Time, with respect
to principles, is an eternal now. It has no operation upon them,
it changes nothing of their nature and qualities." (Paine's
Political Works, vol. 2, p. 328--Dissertation on Government.)
We are fully conscious that the subject upon which we have
written is by no means exhausted; the point, especially in
reference to bills of attainder, being wholly untouched. But the
limits of a single article will not admit of a full discussion of
the subject. Indeed, a treatise upon suffrage is one of the wants
of the profession. We leave it, however, to the candid judgment
of our readers, if we have not fully demonstrated the right of
Federal suffrage to be a necessary privilege of a citizen of the
United States, and, according to the court's own admission, such
being the case, the plaintiff was entitled to the relief sought.
Thus closed woman's struggle for National protection of her civil and
political rights under the XIV. Amendment. In the case of Myra
Bradwell, which was commenced in September, 1869, two years before the
others, Chief-Justice Chase, one of the best and wisest Judges that
ever honored the American bench, dissented from the opinion of the
Supreme Court: that the fact of United States citizenship did not
secure to woman the right to practice law, and that a married woman
rested under a special disability in regard to her civil rights, thus
sustaining the action of Illinois in refusing to admit Mrs. Bradwell
to the bar of that State.
The decision in the case of Mrs. Minor, that the political rights of
women were wholly under the control of their respective States was
still more emphatic and discouraging. Had Judge Chase lived, we have
every reason to believe that in this case too, he would have
dissented, and that his opinion would have had great weight in the
general discussion. Although defeated at every point, woman's claim as
a citizen of the United States to the Federal franchise is placed upon
record in the highest court of the Nation, and there it will remain
forever. As Milton so grandly says in Paradise Lost:
What though the field be lost?
All is not lost: th' unconquerable will
And courage never to submit or yield!
FOOTNOTES:
[164] The elections in New Hampshire were held in the spring in former
years.
[165] An account of Mrs. Gardner's voting will be found in the
Michigan chapter.
[166] WOMAN SUFFRAGE IN THE COURTS.--SHAKESPEARE REVIVED.
In the case of Hamlet _vs._ Rex, Shakespeare's reports, occurs the
following:
SCENE--CHURCHYARD.--_Enter two clowns with spades._
_First Clown._ Is she to be buried in Christian burial that wilfully
seeks her own salvation?
_Second Clown._ I tell thee, she is; therefore make her grave
straight. The crowner hath set on her and finds it Christian burial.
_First Clown._ How can that be, unless she drowned herself in her own
defense?
_Second Clown._ Why,'tis found so.
_First Clown._ It must be so, _se offendendo_; it can not be else. For
here lies the point. If I drown myself wittingly, it argues an act;
and an act has three branches--it is to act, to do, and to perform.
Argal, she drowned herself wittingly.
_Second Clown._ Nay, but hear you good man, deliver.
_First Clown._ Give me leave. Here lies the water. Good. Here stands
the man. Good. If the man goes to this water and drowns himself, it is
nil he, will he, he goes. Mark you that. But if the water come to him
and drown him, he drowns not himself. Argal, he that is not guilty of
his own death shortens not his own life.
_Second Clown._ But is this law?
_First Clown._ Ay, marry is't, crowner quest law.
It hardly needed any better authority than the above to convince
simple-minded people of the truth of the observation made by
Blackstone that "law is the perfection of human reason." But if law is
great, those who expound it are greater.
The woman suffrage trial came on. The judges endeavored to follow the
arguments as far as possible, and to religiously earn their salaries
by the attention given, if no more. The arguments were finally
finished, and the women of the country waited expectantly to hear
their legal status defined.
It took just one week for the united judicial wisdom of this District
to consider this case in all its bearings, and then the decision came.
It was about as follows:
SCENE--DISTRICT COURT-ROOM.--_Enter Judges with law books._
_First Judge._ Women are voters but they can't vote. Voting is a
privilege and not a natural right, and must be conferred; it has
clearly been conferred by the supreme law of the land, therefore women
can not vote. A little voting is a good thing, but too much voting is
injurious to public interests, as is instanced in our large cities. If
women vote, there would be more voting than at present, consequently
women are not entitled to vote. The Constitution gives women the right
to vote. The organic law of the district does not. The latter, of
course, is void where it conflicts with the former, therefore can not
women vote. Congress has clearly recognized woman's right to the
ballot, wily or nily. But the ballot must come to the woman, not she
to the ballot, or else the law is violated. Congress must go further,
and point out to women how the ballot must come to her, or else will
she not be given Christian reception at the polls who willfully seek
to vote thereat. Therefore can not women vote.
_Second Judge._ Women are men, but men are not women. The former
include the latter, but the latter won't be included. That is to say,
the law regards men as women but not males as females. It is not every
right which can be exercised, as society will not admit of it. The
law, which is above society, says women shall vote, but society has
not acceded, and hence this court can not interfere. Therefore, I
concur that women can not vote.
_Third Judge._ I do not know but that the better way would have been
for Congress to have done otherwise than it did. Why it did as it did
is a question. But it did. It might have done more, or less, or both.
It might have done otherwise. In either case it would have done so.
And then it would have been. But as it is, it is perhaps as well as if
it should have been. Therefore can not women vote.
_Plaintiffs' Attorneys._ But is this law?
_The Three Judges._ Verily is't the law of the Supreme Court of the
District of Columbia.
This parody was written by J. W. Knowlton, son-in-law of Mr. Riddle.
[167] A report of this trial will be found in the California chapter.
[168] WHEREAS, Complaint has this day been made by ---- on oath before
me, William C. Storrs, commissioner, charging that Susan B. Anthony,
on or about the fifth day of November, 1872, at the city of Rochester,
N. Y., at an election held in the eighth ward of the city of Rochester
aforesaid, for a representative in the Congress of the United States,
did then and there vote for representative in Congress in the United
States, without having a lawful right to vote and in violation of
Section 19 of an act of Congress approved May 31, 1870, entitled "An
act to enforce the right of citizens of the United States to vote in
the several States of this Union and for other purposes."
[169] The following ladies voted: Mrs. Hannah Anthony Mosher, Mrs.
Mary S. Hebard, Mrs. Nancy M. Chapman, Mrs. Jane M. Cogswell, Mrs
Martha N. French, Mrs. Margaret Leyden, Mrs. Lottie Bolles Anthony,
Mrs. Hannah Chatfield, Mrs. Susan M. Hough, Mrs. Sarah Truesdale, Mrs.
Mary Pulver, Mrs. Rhoda De Garmo, Mrs. Guelma Anthony McLean, Miss
Mary S. Anthony, Miss Ellen T. Baker. The following ladies registered
but were not allowed to vote: Mrs. Amy Post, Mrs. Mary Fish Curtis,
Mrs. Dr. Dutton, Mrs. Charlotte Wilbur Griffing, Mrs. Dr. Wheeler,
Mrs. Allen, Mrs. Lathrop.
[170] Ex-President Fillmore, Hon. Charles Sedgwick, Hon. E. G. Lapham,
David Wright, Esq., of Auburn.
[171] INDICTMENT AGAINST SUSAN B. ANTHONY--DISTRICT COURT OF THE
UNITED STATES OF AMERICA, IN AND FOR THE NORTHERN DISTRICT OF NEW
YORK.--At a stated session of the District Court of the United States
of America, held in and for the Northern District of New York, at the
City Hall, in the city of Albany, in the said Northern District of New
York, on the third Tuesday of January, in the year of our Lord one
thousand eight hundred and seventy-three, before the Honorable Nathan
K. Hall, Judge of the said Court, assigned to keep the peace of the
said United States of America, in and for the said District, and also
to hear and determine divers Felonies, Misdemeanors and other offenses
against the said United States of America, in the said District
committed. Brace Millerd, James D. Wasson, Peter H. Bradt, James
McGinty, Henry A. Davis, Loring W. Osborn, Thomas Whitbeck, John
Mullen, Samuel G. Harris, Ralph Davis, Matthew Fanning, Abram Kimmey,
Derrick B. Van Schoonhoven, Wilhelmus Van Natten, James Kenney, Adam
Winne, James Goold, Samuel S. Fowler, Peter D. R. Johnson, Patrick
Carroll, good and lawful men of the said District, then and there
sworn and charged to inquire for the said United States of America,
and the body of said District, do, upon their oaths, present, that
Susan B. Anthony now or late of Rochester, in the county of Monroe,
with force and arms, etc., to wit: at and in the first election
district of the eighth ward of the city of Rochester, in the county of
Monroe, in said Northern District of New York, and within the
jurisdiction of this Court, heretofore, to wit: on the fifth day of
November, in the year of our Lord one thousand eight hundred and
seventy-two, at an election duly held at and in the first election
district of the said eighth ward of the city of Rochester, in said
county and in said Northern District of New York, which said election
was for Representatives in the Congress of the United States, to wit:
a Representative in the Congress of the United States for the State of
New York at large, and a Representative in the Congress of the United
States for the twenty-ninth Congressional District of the State of New
York, said first election district of said eighth ward of said city of
Rochester, being then and there a part of said twenty-ninth
Congressional District of the State of New York, did knowingly,
wrongfully, and unlawfully vote for a Representative in the Congress
of the United States for the State of New York at large, and for a
Representative in the Congress of the United States for said
twenty-ninth Congressional District, without a lawful right to vote in
said election district (the said Susan B. Anthony being then and there
a person of the female sex), as she, the said Susan B. Anthony then
and there well knew, contrary to the form of the statute of the United
States of America in such case made and provided, and against the
peace of the United States of America and their dignity.
_Second Count_--And the jurors aforesaid upon their oaths aforesaid do
further present that said Susan B. Anthony, now or late of Rochester,
in the county of Monroe, with force and arms, etc., to wit: at and in
the first election district of the eighth ward of the city of
Rochester, in the county of Monroe, in said Northern District of New
York, and within the jurisdiction of this Court, heretofore, to wit:
on the fifth day of November, in the year of our Lord one thousand
eight hundred and seventy-two, at an election duly held at and in the
first election district of the said eighth ward, of said city of
Rochester, in said county, and in said Northern District of New York,
which said election was for Representatives in the Congress of the
United States, to wit: a Representative in the Congress of the United
States for the State of New York at large, and a Representative in the
Congress of the United States for the twenty-ninth Congressional
District of the State of New York, said first election district of
said eighth ward, of said city of Rochester, being then and there a
part of said twenty-ninth Congressional District of the State of New
York, did knowingly, wrongfully and unlawfully vote for a candidate
for Representative in the Congress of the United States for the State
of New York at large, and for Representative in the Congress of the
United States for said twenty-ninth Congressional District, without
having a lawful right to vote in said election district (the said
Susan B. Anthony being then and there a person of the female sex), as
she, the said Susan B. Anthony then and there well knew, contrary to
the form of the statute of the United States of America in such case
made and provided, and against the peace of the United States of
America and their dignity.
RICHARD CROWLEY,
_Attorney of the United States for the Northern District
of New York._
(Endorsed). Jan. 24, 1873. RICHARD CROWLEY,
Pleads not guilty. _U. S. Attorney_.
[172] See Appendix.
[173] See Appendix.
[174] Thousands of copies were published in pamphlet form, with the
Court report of the trial, and circulated throughout the country.
[175] See Appendix.
[176] To the same effect see former decisions in Massachusetts: Coffin
_vs._ Coffin, 4 Mass., 25; Com. _vs._ Knapp, 10 Pic., 496; and see
also State _vs._ Snow, 18 Maine, 346; Doss _vs._ Com., 1 Grattan, 557;
Peo. _vs._ McFall, 1 Wheeler Crim. Rec., 108, note; Holder _vs._ The
State, 5 Georgia, 443; State _vs._ Allen, 1 McCord, 525; State _vs._
Jones, 5 Alabama, 666; Armstrong _vs._ The State, 4 Blackford, 247;
Patterson _vs._ The State, 2 English, 59.
[177] Gibbons _vs._ Ogden, 9th Wheaton, 221, Ch. J. Marshall. Ogden
_vs._ Saunder, 12 Wheaton, 332, Ch. J. Marshall.
[178] More recent investigation shows that this clause was originated
by Mr. Jefferson in 1784. See _The Nation_ for May 4, 1882, _and
authorities there referred to_. See Bancroft's "History of the United
States." Vol. II, p. 115.
CHAPTER XXVI.
AMERICAN WOMAN SUFFRAGE ASSOCIATION.
Circular Letter--Cleveland Convention--Association
Completed--Henry Ward Beecher, President--Convention in Steinway
Hall, New York--George William Curtis Speaks--The First Annual
Meeting held in Cleveland--Mrs. Tracy Cutler, President--Mass
meeting in Steinway Hall, New York, 1871--State Action
Recommended--Moses Coit Tyler Speaks--Mass Meetings in 1871 in
Philadelphia, Washington, Baltimore, Pittsburgh--Memorial to
Congress--Letters from William Lloyd Garrison and others--Hon. G.
F. Hoar Advocates Woman Suffrage--Anniversary celebrated at St.
Louis--Dr. Stone, of Michigan--Thomas Wentworth Higginson,
President, 1872--Convention in Cooper Institute, New York--Two
Hundred Young Women march in. Meeting in Plymouth Church--Letters
from Louise May Alcott and Elizabeth Stuart Phelps--The Annual
Meeting in Detroit--Julia Ward Howe, President--Letter from James
T. Field--Mary F. Eastman Addresses the Convention. Bishop
Gilbert Haven President for 1875--Convention Steinway Hall, New
York--Hon. Charles Bradlaugh Speaks--Centennial Celebration, July
3d--Petition to Congress for a XVI. Amendment--Conventions in
Indianapolis, Cincinnati, Washington, and Louisville.
It was during the summer of 1869 that the initiative steps in the
formation of the American Woman Suffrage Association[179] were taken,
and the following letter circulated:
BOSTON, August 5, 1869.
Many friends of the cause of woman suffrage desire that its
interests may be promoted by the assembling and action of a
convention devised on a truly National and representative basis
for the organization of an American Woman Suffrage Association.
Without depreciating the value of Associations already existing,
it is yet deemed that an organization at once more comprehensive
and more widely representative than any of these is urgently
called for. In this view, the Executive Committee of the New
England Woman Suffrage Association has appointed the undersigned
a Committee of Correspondence to confer by letter with the
friends of woman suffrage throughout the country on the subject
of the proposed convention.
We ask to hear from you in reply, at your earliest convenience.
Our present plan is that the authority of the convention shall be
vested in delegates, to be chosen and accredited by the Woman
Suffrage Associations existing, or about to be formed, in the
several States of the Union. The number of delegates to be sent
by each Association and the precise time of the meeting of the
convention can be determined as soon as we shall have received
such answers to our present application as shall assure us of an
active and generous co-operation in the measure proposed, on the
part of the addressed.
LUCY STONE, CAROLINE M. SEVERANCE,
T. W. HIGGINSON, JULIA WARD HOWE,
GEO. H. VIBBERT.
Soon after, the following call was issued:
The undersigned, being convinced of the necessity for an American
Woman Suffrage Association, which shall embody the deliberate
action of the State organizations, and shall carry with it their
united weight, do hereby respectfully invite such organizations
to be represented in a Delegate Convention, to be held at
Cleveland, Ohio, November 24th and 25th, A.D., 1869.
The proposed basis of this Convention is as follows:
The delegates appointed by existing State organizations shall be
admitted, provided their number does not exceed, in each case,
that of the Congressional delegation of the State. Should it fall
short of that number, additional delegates may be admitted from
local organizations, or from no organization whatever, provided
the applicants be actual residents of the States they represent.
But no votes shall be counted in the Convention except of those
actually admitted as delegates. (Signed)
John Neal, Maine; Nathaniel White, Armenia S. White, William
T. Savage, New Hampshire; James Hutchinson, Jr., Vermont;
William Lloyd Garrison, Lydia Maria Child, David Lee Child,
George F. Hoar, Julia Ward Howe, Gilbert Haven, Caroline M.
Severance, James Freeman Clarke, Abby Kelly Foster, Stephen
S. Foster, Frank B. Sanborn, Phebe A. Hanaford,
Massachusetts; Elizabeth B. Chase, T. W. Higginson, Rowland
G. Hazard, Rhode Island; H. M. Rogers, Seth Rogers, Marianna
Stanton, Connecticut; George William Curtis, Lydia Mott,
Henry Ward Beecher, Frances D. Gage, Samuel J. May, Celia
Burleigh, W. H. Burleigh, Aaron M. Powell, Anna C. Field,
Gerrit Smith, E. S. Bunker, New York; Lucy Stone, Henry B.
Blackwell, John Gage, Portia Gage, Antoinette B. Blackwell,
A. J. Davis, Mary F. Davis, New Jersey; Mary Grew,
Pennsylvania; Thomas Garret, Fielder Israel, Delaware;
Hannah M. Tracy Cutler, A. J. Boyer, Margaret V. Longley, J.
J. Belleville, Miriam M. Cole, S. Bolton, Ohio; Amanda Way,
George W. Julian, Laura Giddings Julian, Lizzie M. Boynton,
Indiana; Mary A. Livermore, C. B. Waite, Myra Bradwell,
James B. Bradwell, Sharon Tyndale, J. P. Weston, Robert
Collyer, Joseph Haven, Illinois; Moses Coit Tyler, James A.
B. Stone, Mrs. H. L. Stone, Michigan; Lilie Peckham, Augusta
J. Chapin, Wisconsin; Amelia Bloomer, Iowa; Mrs. S. B.
Stearns, Minnesota; Charles Robinson, Mrs. C. I. H. Nichols,
John Ekin, D.D., J. P. Root, Kansas; Mrs. W. T. Hazard,
Isaac H. Sturgeon, Mrs. Beverly Allen, James E. Yeatman,
Mary E. Beede, J. C. Orrick, Mrs. George D. Hall, Missouri;
Guy W. Wines, Charles J. Woodbury, Tennessee; Mary Atkins
Lynch, Louisiana; Elizabeth C. Wright, Texas; Grace
Greenwood, Dist. Columbia; A. K. Safford, Arizona; J. A.
Brewster, California: Hon. G. C. Jones, Dowagiac, Hon.
William S. Farmer, Eau Claire, Hon. T. W. Ferry, of Grand
Haven; Hon. S. H. Blackman, Paw Paw, Rev. J. Straub,
Lansing, and S. H. Brigham, editor of the Lansing
_Republican_, Michigan; Mrs. Austin Adams, and Edna T.
Snell, of Dubuque, Miss Mattie E. Griffiths, Prof. and Mrs.
Belle Mansfield, Mt. Pleasant, T. M. Mills, Ed. Des Moines
_State Register_, Ex-Gov. and Mrs. B. F. Gue, and Hon. Mr.
and Mrs. Pomeroy, Ft. Dodge, Iowa; Mrs. J. C. Burbank, Mrs.
Smith (State Librarian), Rev. J. Marvin, and Capt. Russell
Blakely, of St. Paul, Mrs. Elliott, of Minneapolis, Mr. and
Mrs. A. Knight, of St. Peter, Minnesota; Rev. H. Eddy,
pastor of the First Presbyterian Church of Milwaukee,
Wisconsin; Mrs. E. O. G. Willard, of Chicago, Illinois.
The first American Woman Suffrage Convention assembled at Case
Hall, Cleveland, O., on Wednesday morning, November 24th. The
attendance from the city was very large; the vast hall being well
filled, both floor and balcony. The Convention was called to
order by Mrs. Lucy Stone. Twenty-one States were
represented--eighteen by regularly accredited delegates; thus
making it truly National. Great harmony pervaded all the
deliberations of the Committees and the discussions of the
Convention.
On motion of F. B. Sanborn, of Massachusetts, Judge J. B.
Bradwell, of Chicago, was chosen temporary Chairman, and on
motion of Mrs. Lucy Stone, Mrs. Mary F. Davis, of New Jersey, was
elected temporary Secretary. Upon taking the chair, Judge
Bradwell returned his thanks for the honor conferred upon him. It
was unnecessary for him to speak at length in regard to the
object of the meeting; it had been stated in the call read by
Mrs. Stone. He said they were met for the formation of an
American Woman Suffrage Association, which shall be represented
in every State of this great Nation; and not only every State,
but every city, town, and county from the Atlantic to the
Pacific, and from the Gulf of Mexico to Canada. On motion of Mr.
Sanborn a Committee on Credentials[180] was appointed by the
President. All State delegations were requested to report their
names to the Committee, and also to fill any vacancies which
might exist, if persons were present from their respective
States.
Pending the report of the Committee on Credentials, Mrs. Lucy
Stone presented letters from several persons[181] who had been
unable to attend the Convention, but desired to give expression
to their sympathy with its object. In a few preliminary remarks
she expressed the pleasure she felt at the sight of such a large
and intelligent audience at the first session of the Convention,
which many had supposed would be but merely a business meeting.
It was an evidence of the increasing interest which is being felt
upon the subject of woman suffrage. She alluded to the Convention
held in this city sixteen years ago, and was glad to see several
familiar faces which were present on that occasion. Mrs. H. M.
Tracy Cutler, of Cleveland, delivered an eloquent appeal for
women.
Judge Bradwell said that under the laws in some States the right
of woman to a certain degree of citizenship is acknowledged.
Foreign-born women may be naturalized, and even without the
consent of their husbands. In all probability Vermont will soon
confer upon woman the right of suffrage. In that State the women
considerably outnumber the men, and if some of them should move
to the West, they might say, "We voted and were citizens in
Vermont, and, under the XIV. Amendment to the Constitution of the
United States, we claim the right to vote here."
Mrs. C. G. Ames, of California, alluded to a case which occurred
in San Francisco. A woman was informed that she might be
protected through the courtesy of the consul, but that she had no
claim to protection as a citizen of the Government.
The Committee on Credentials presented the names of
delegates[182] who were already present as entitled to seats in
the Convention. Other names were added as they were reported to
the Convention during the session.
There were also in attendance persons from Virginia, Mississippi,
and Nebraska, who conferred with the Chairman of the Committee on
credentials with reference to their admission to the body of
delegates. They were all _bona fide_ residents in the States they
represented, but they seemed so undecided in reference to the
question of woman suffrage, finding it hardly possible to tell
whether they were for it or against it, that it was thought not
best for them to propose themselves as self-constituted
delegates. Near the close of the Convention, those from Nebraska
and Virginia sought the Chairman of the Committee to say that if
another convention were to be held, they could heartily and
conscientiously take seats as delegates; for if they had any
doubts as to the justice and utility of woman suffrage in the
outset, they had been wholly removed by the arguments to which
they had listened. Twenty-one States were thus represented in the
Convention, making it truly National.
On motion of Mr. Blackwell, the President was authorized to
appoint a committee,[183] consisting of one from each State on
the permanent organization of the Convention. Pending the
announcement of the committee, Mrs. Julia Ward Howe, of Boston,
delivered an address to the Convention, replete with the noblest
wisdom and the soundest morality. Her utterance was both
prophetic and hortatory. She cautioned women not to do injustice
to others, while seeking justice for themselves; advised them
that they must prepare for the new responsibilities they coveted;
and that they would better learn to command, by learning well how
to serve. She closed her grand and inspiring address with this
sentence: "Oh! of all the names given to us to warn off the demon
and invoke the angel, let us hold fast to this word--service!"
The Convention reassembled at two o'clock, the hall being filled
in every part. Before proceeding to business, the President
invited to seats upon the platform, Stephen S. Foster, Miss Susan
B. Anthony, Rev. Antoinette Brown Blackwell, Andrew Jackson
Davis, Mrs. Leland, of Wisconsin; Mr. and Mrs. John Gage, of
Vineland, New Jersey, all of whom he designated as faithful
veteran laborers in the good cause. He also invited all officers
of Woman Suffrage Associations, members of the press and the
clergy without distinction of sex or color.
The proceedings were opened with an impressive prayer by Rev.
Antoinette Brown Blackwell, of New Jersey. The Committee on
Permanent Organization reported the list of officers[184] of the
Convention, which was adopted. The announcement of the name of T.
W. Higginson as President was received with loud applause. On
taking the Chair, he spoke substantially as follows:
_Ladies and Gentlemen and Fellow Citizens_: I feel truly grateful
to the members of this Convention for the honor they have done me
by choosing me for this responsible position. I take it not as a
personal compliment to myself, but as a graceful act of courtesy
on the part of the West, which is so largely represented, to the
East, which is but slightly represented--perhaps our California
friends would rather hear us say from the great central Keystone
States of the Nation, to the little border States on the Atlantic
coast. It is eminently fit and proper that this Convention should
select for its place of meeting the great State of Ohio, which
takes the lead in the woman suffrage movement, as well as in
other good things. It was the first to organize a State Woman
Suffrage Association, and the first in which a committee of the
Legislature recommended extending to woman the right of suffrage.
It is befitting, then, that this Convention should desire Ohio as
the stepping stone from which an American Suffrage Association
shall rise into existence.
[Illustration: Lucy Stone.]
My own State is but a small one. At the commencement of the war
it was hardly thought worth while to attempt to raise troops in
Rhode Island, for if they should be able to muster a regiment it
would be necessary to go out of the State to find room to drill.
But regiments were raised and they stood side by side with those
of Ohio during the great struggle, and your record is theirs.
Rhode Island, too, stands shoulder to shoulder with Ohio in the
cause of woman suffrage. The call for this Convention was signed
by the representatives of twenty-five States; that for, the
Woman's Rights Convention, in 1850, was signed by those of but
six, yet Ohio and Rhode Island were two of that number. I do not
blush at the smallness of my State, but I rejoice in its
prominence in this movement. I am glad to claim her as the only
State which stands as a unit in the Senate of the United States
in favor of giving the ballot to woman. Messrs. Sprague and
Anthony, the Senators from that State, agree upon this point,
although if they ever agreed upon any other matter, I never heard
of it.
Fellow-delegates and citizens, we have come together as
supporters of a grand reformatory movement, and there is but one
plain course for us to pursue. Some years ago I attended a
meeting of progressive Friends, in Pennsylvania. The subject of
Woman's Rights came up for discussion, and opinions were
expressed pro and con, when suddenly there came striding up the
aisle an awkward boy, half-witted and about half-drunk. He
stepped to the platform, flung his cap to the floor, and said
that he wanted to give his testimony. "I don't know much about
this subject or any other, but my mother was a woman!" The boys
in the galleries laughed, and the Quakers, sitting with their
hats on their heads, looking as solemn as if the funeral of the
whole human race was being held and they were the chief mourners,
did not relax a muscle of their faces, but thought I to myself,
"That overgrown boy, drunk or sober, has solved the whole
question." Women may doubt and hesitate, uncertain whether they
want to vote or not, but men have only one position to take--to
withdraw their opposition, and leave it to the women to decide
for themselves.
Many intelligent and respectable ladies fear a conspiracy against
their freedom--imagining that at times of elections detachments
of police would seize and rudely drag the weak, fainting sisters
to the polls against their will. They seem to regard the matter
in the same light as a boy who went to the theatre night after
night, but invariably went to sleep. Upon being asked what he
went for, he replied: "Why I've got to go because I've a season
ticket." And so some women seem to think that the right of
suffrage will be like the boy's season ticket, and they must vote
whether they will or not. When we can not drive men to the polls,
when there is no law to compel them to serve or save their
country at the ballot-box, if they stay away from selfishness or
indifference, it is not likely that we will be more successful
with the women. No compulsion is intended. We will lay before
woman the great responsibility that rests upon her, her sacred
duty as a wife and mother, we will open up to her a career of the
highest usefulness in the world, in which she may more perfectly
than ever before fulfill the destiny for which she is created,
and then she may individually accept the ballot or not, according
to the dictates of her own conscience. All men can do is to take
down the barriers and say to her: "Vote, if you please." It is to
give more dignity and sacredness to woman; to enlarge and not
limit her field of usefulness; but not to take her out of her
appropriate sphere. It says to the wife: "Do all you can to save
your sons and husbands at home, strew around them its most
hallowed influences; but if you fail there, you have another
chance at the ballot-box to abolish, by your votes, the
liquor-sellers that are dragging them down to ruin."
I would earnestly recommend to this Convention the importance of
efficient and perfect organization, and not only in this body,
but throughout the country. In the judgment of those who called
this meeting, the great movement for woman suffrage is too far
advanced to be further prosecuted only by local and accidental
organizations. In most of the States, State Associations are of
but recent origin, and in many they do not exist at all. The
efforts hitherto made were all well and useful in their way, but
not enough to meet the demands of the present. It is the aim to
establish this Association on a national representative basis,
embracing all the States in the Union. We seek this because we
need it. The enterprise is too vast to be left to hasty or
accidental organizations only. We want something solid and
permanent. The Congress of the United States rests upon a
narrower basis than does the organization at which we aim. That
represents but half the people of the country while this is for
all. It is eminently needful that we give the greatest care and
deliberations to the work. We must have the counsel of various
minds, laying aside local differences. We are of different habits
and opinions, and do not think alike on all subjects. Upon many
questions we "agree to differ," but on this great question we
are, and must be, all united. Efficient organization will be a
powerful aid in helping forward the grandest reform that was ever
launched upon the human race. With this understanding I accept
the position of President of this Convention, losing my own
individuality as one of its members. In conclusion, I ask your
patience with my short-comings and your co-operation in
conducting its proceedings.
Mrs. Cutler read a courteous communication from H. S. Stevens
Esq., kindly offering to furnish carriages free to those members
of the Convention who may wish to see the city, during their
stay. Col. Higginson said that in the early days of woman
suffrage, he had seen a rivalry among livery stable keepers to
furnish carriages to take persons engaged in the movement out of
town, and he regarded this offer as in singular contrast to that.
On motion of Mrs. Lucy Stone, the Committee on Permanent
Organization of the Convention was also charged with the duty of
preparing a basis of organization, constitution, and by-laws for
a National Woman Suffrage Association, and to report a list of
officers for the same. The President invited all local Woman
Suffrage organizations to make themselves known through their
members present, and to participate in the deliberations of the
Convention. The following resolution, offered by Mrs. Lucy Stone,
was adopted.
_Resolved_, That the members of the Associated Press, now in
session in this city, be invited to attend this Convention
and take part in its proceedings, and that Mr. Boyer, Mr. F.
B. Sanborn, and Mrs. Cole, of Dayton, be a Committee to
convey the invitation to that body.
A telegram was received from GRACE GREENWOOD, as follows:
To T.W. HIGGINSON, _President of the Woman's Suffrage
Convention:_
Kept at home by illness. God speed the cause.
GRACE GREENWOOD.
Brief speeches were made by Rev. Mrs. Hanaford, of Massachusetts;
Mary F. Davis and Lucy Stone, of New Jersey; and Giles B.
Stebbins, of Michigan, who introduced the following resolution,
which was unanimously carried:
_Resolved_, That the National Labor Congress, representing
five hundred thousand of the workingmen of our country, at
its late session at Philadelphia, by recognizing the equal
membership and rights of men and women, of white and colored
alike, showed a spirit of broad and impartial justice worthy
of all commendation, and we hail its action as a proof of
the power of truth over prejudice and oppression, which must
be of signal benefit to its members, in helping that
self-respect, intelligence, and moral culture by which the
fair claims of labor are to be gained and the weaker truly
ennobled and elevated.
Mr. H. B. BLACKWELL presented the following:
CONSTITUTION OF THE AMERICAN WOMAN SUFFRAGE ASSOCIATION.
PREAMBLE: The undersigned, friends of woman suffrage,
assembled in delegate Convention in Cleveland, Ohio,
November 24th and 25th, 1869, in response to a call widely
signed and after a public notice duly given, believing that
a truly representative National organization is needed for
the orderly and efficient prosecution of the suffrage
movement in America, which shall embody the deliberate
action of State and local organizations, and shall carry
with it their united weight, do hereby form the American
Woman Suffrage Association.
ARTICLE I.
NAME: This Association shall be known as the American Woman
Suffrage Association.
ARTICLE II.
OBJECT: Its object shall be to concentrate the efforts of
all the advocates of woman, suffrage in the United States
for National purposes only, viz:
SEC. 1. To form auxiliary State Associations in every State
where none such now exist, and to co-operate with those
already existing, which shall declare themselves auxiliary
before the first day of March next, the authority of the
auxiliary Societies being recognized in their respective
localities, and their plan being promoted by every means in
our power.
SEC. 2. To hold an annual meeting of delegates for the
transaction of business and the election of officers for the
ensuing year; also, one or more national conventions for the
advocacy of woman suffrage.
SEC. 3. To publish tracts, documents, and other matter for
the supply of State and local societies and individuals at
actual cost.
SEC. 4. To prepare and circulate petitions to State
Legislatures, to Congress, or to constitutional conventions
in behalf of the legal and political equality of woman; to
employ lecturers and agents, and to take any measures the
Executive Committee may think fit, to forward the objects of
the Association.
ARTICLE III.--ORGANIZATION.
SEC. 1. The officers of this Association shall be a
President, eight Vice-Presidents at Large, Chairman of the
Executive Committee, Foreign Corresponding Secretary, two
Recording Secretaries, and a Treasurer, all of whom shall be
_ex-officio_ members of the Executive Committee from each
State and Territory, and from the District of Columbia, as
hereinafter provided.
SEC. 2. Every President of an auxiliary State society shall
be _ex-officio_ a vice-president of this Association.
SEC. 3. Every chairman of the Executive Committee of an
auxiliary State society shall be _ex-officio_ a member of
the Executive Committee of this Association.
SEC. 4. In cases where no auxiliary State society exists, a
suitable person may be selected by the annual meeting, by
the Executive Committee, as Vice-President or member of the
Executive Committee, to serve only until the organization of
said State Association.
SEC. 5. The Executive Committee may fill all vacancies that
may occur prior to the next annual meeting.
SEC. 6. All officers shall be elected annually at any annual
meeting of delegates, on the basis of the Congressional
representation of the respective States and Territories,
except as above provided.
SEC. 7. No distinction on account of sex shall ever be made
in the membership or in the selection of officers of this
Society; but the general principle shall be that one half of
the officers shall, as nearly as convenient, be men, and one
half women.
SEC. 8. No money shall be paid by the Treasurer except under
such restrictions as the Executive Committee may provide.
SEC. 9. Five members of the Executive Committee, when
convened by the Chairman, after fifteen days written notice
previously mailed to each of its members, shall constitute a
quorum. But no action thus taken shall be final, until such
proceedings shall have been ratified in writing by at least
fifteen members of the Committee.
SEC. 10. The Chairman shall convene a meeting whenever
requested to do so by five members of the Executive
Committee.
ARTICLE IV.
This Association shall have a branch office in every State
in connection with the office of the auxiliary State Society
therein, and shall have a central office at such place as
the Executive Committee may determine.
ARTICLE V.
This Constitution may be amended at any annual meeting, by a
vote of three-fifths of the delegates present therein.
ARTICLE VI.
Any person may become a member of the American Woman
Suffrage Association by signing the Constitution and paying
the sum of $1 annually, or life members by paying the sum of
$10, which membership shall entitle the individual to attend
the business meetings of delegates and participate in their
deliberations.
ARTICLE VII.
Honorary members may be appointed by the annual meeting or
by the Executive Committee, in consideration of services
rendered.
The officers of the Association were then appointed:
_President_--Henry Ward Beecher.
_Vice Presidents at Large_--T. W. Higginson, Mary A.
Livermore, William Lloyd Garrison, Mrs. W. T. Hazard, George
W. Curtis, Celia M. Burleigh, George W. Julian, Margaret V.
Longley.
_Chairman of Executive Committee_--Lucy Stone.
_Foreign Corresponding Secretary_--Julia Ward Howe.
_Corresponding Secretary_--Myra Bradwell.
_Recording Secretaries_--Henry B. Blackwell, Amanda Way.
_Treasurer_--Frank B. Sanborn.
_Vice-Presidents_--Maine, Rev. Amory Battles; New Hampshire,
Armenia S. White; Vermont, Hon. C. W. Willard;
Massachusetts, Caroline M. Severance; Rhode Island, Rowland
G. Hazard; Connecticut, Seth Rogers; New York, Oliver
Johnson; New Jersey, Antoinette Brown Blackwell;
Pennsylvania, Robert Purvis; Delaware, Mrs. Hanson Robinson;
Ohio, Dr. H. M. Tracy Cutler; Indiana, Lizzie M. Boynton;
Illinois, C. B. Waite; Wisconsin, Rev. H. Eddy; Michigan,
Moses Coit Tyler; Minnesota, Mrs. A. Knight; Kansas, Hon.
Charles Robinson; Iowa, Amelia Bloomer; Missouri, Hon. Isaac
H. Sturgeon; Tennessee, Hon. Guy W. Wines; Florida, Alfred
Purdie; Oregon, Mrs. General Rufus Saxton; California, Rev.
Charles G. Ames; Virginia, Hon. J. C. Underwood; Washington
Territory, Hon. Rufus Leighton; Arizona, Hon. A. K. P.
Safford.
_Executive Committee_--Maine, Mrs. Oliver Dennett; New
Hampshire, Hon. Nathaniel White; Vermont, Mrs. James
Hutchinson, Jr.; Massachusetts, Rev. Rowland Connor; Rhode
Island, Elizabeth B. Chace; Connecticut, Rev. Olympia Brown;
New York, Mrs. Theodore Tilton; New Jersey, Mary F. Davis;
Pennsylvania, Mary Grew; Delaware, Dr. John Cameron; Ohio,
Andrew J. Boyer; Indiana, Rev. Charles Marshall; Illinois,
Hon. J. B. Bradwell; Wisconsin, Lilie Peckham; Michigan,
Lucinda H. Stone; Minnesota, Abby J. Spaulding; Kansas, Mrs.
C. I. H. Nichols; Iowa, Belle Mansfield; Missouri, Mrs.
Francis Minor; Tennessee, Rev. Charles J. Woodbury; Florida,
Mrs. Dr. Hawkes; California, Mrs. Mary E. Ames; Virginia,
Hon. A. M. Fretz; District of Columbia, Grace Greenwood.
The addresses of the evening were made by Judge Bradwell and Mary
A. Livermore, of Illinois; Miriam M. Cole, of Ohio; Lilie
Peckham, of Wisconsin; Frank B. Sanborn, editor of the
Springfield, Mass., _Republican_; and Dr. Lees, of Leeds,
England. At the Thursday morning session the attendance was
large, and the interest in the Convention seemed to be
increasing. The forenoon was devoted to a consideration of the
basis of the National organization, its constitution and by-laws.
The discussions[185] were earnest, temperate, in excellent
spirit, every woman keeping within the five minutes' rule, and
speaking to the point--a circumstance commented on pleasantly by
the President. The articles of the Constitution and By-Laws were
discussed _seriatim_, and adopted, and then the Constitution, as
a whole, was adopted. A letter was presented by Mrs. Lucy Stone,
from the proprietor of the Birch House, Water Street, offering to
entertain a few delegates--free. She also read the following:
CLEVELAND, _November 25, 1869_.
_To the Delegates of the Woman's National Convention_:--The
Faculty of the Homeopathic College hereby extend their most
cordial invitation to your honorable body to visit the
College. Conveyances for the same will be in readiness at
any time desired. In this College, now in its twentieth
annual session, woman, with the exception of one winter, has
always been equal with man in privilege and honor, and here
she shall always share an equal privilege and honor, so long
as she is willing to conform to the same standard of
culture.
Yours, most respectfully,
T. P. WILSON, _Dean_.
H. V. BIGGAR, _Registrar_.
Judge BRADWELL offered the following, which was adopted:
_Resolved_, That we urgently request all State and National
Associations, formed for the purpose of aiding in giving
suffrage to woman, to become auxiliary to, or co-operate
with the American Woman's Suffrage Association, believing
that by concert of action on the part of all Societies and
Associations formed in the nation for this purpose, suffrage
will sooner be extended to woman.
Able addresses were made during the afternoon by Rev. Charles
Marshall, pastor of one of the Presbyterian churches of
Indianapolis; Lizzie Boynton and Mrs. Swank, of Indiana; Lucy
Stone, of New Jersey; Ex-Gov. Root, of Kansas; Mary E. Ames, of
California; and Addie Ballou, of Minnesota. Rebecca Rickoff, of
Cleveland, recited an original poem, "The Convict's Mother," with
marked effect. During the entire session the hall was filled to
its utmost limit. The Convention met for the closing session at
an early hour. The hall was densely filled in every part, the man
at the ticket-office having been literally inundated with
"quarters." Mrs. Dr. Cutler occupied the chair. Mrs. STONE
announced that she would go through the audience to get names of
members of the Association, which any one could become on payment
of a dollar.
Brief speeches were made by Mr. Bellville and Mr. Lamphear, of
Ohio; Mr. Henry Blackwell, of New Jersey; and Rev. Rowland
Connor, of Massachusetts, and then Mrs. Julia Ward Howe delivered
a second address of remarkable power and unparalleled beauty. She
spoke the day before as the prophet of the Convention--this
evening, she spoke as its historian. Her address was faultless,
peerless, perfect, and though read from a manuscript, moved the
large audience deeply. Next followed Mrs. Celia Burleigh, of New
York, a woman of rare grace and culture, with an address packed
with thought and wisdom, uttered in the choicest language. Mrs.
Caroline M. Severance, of Boston, succeeded her with another
speech of like polish and impressiveness, and then the great
congregation rose, and closed the interesting meetings of the two
days with the singing of the grand old doxology, "Praise God from
whom all blessings flow," after which the Convention adjourned
_sine die_.
* * * * *
A Mass Convention for the advocacy of Woman Suffrage, under the
auspices of the American Woman Suffrage Association, was held at
Steinway Hall, New York City, May 11th and 12th, 1870. Upon each
of those days three sessions were held, and at each session the
attendance was numerous and enthusiastic. The Convention was
presided over by Rev. Henry Ward Beecher. Upon the platform were
seated many earnest, active supporters, and advocates of the
cause.[186]
The address of Rev. HENRY WARD BEECHER was as follows: _Ladies
and Gentlemen_:--It is but a little while ago that the question
whether a woman might, with modesty and propriety, appear upon
the public platform to speak her sentiments upon moral and
philanthropic questions, agitated the whole community. Although I
do not regard myself as excessively conservative, I remember
very well when the appointment of women, by the Anti-Slavery
Society of New England, to act on committees with men, grievously
shocked my prejudices; and I said to myself, "Well, where will
this matter end?" I remember very well that when many persons,
whose names are now quite familiar to the people, first began to
speak on the anti-slavery question, I felt that if the diffidence
and modesty and delicacy of woman had not been sacrificed, it
had, at any rate, been put in peril; and that, although a few
might survive, the perilous example would pervert and destroy the
imitators and followers.
It was in the year 1856 that I first made a profession of my
faith in Woman's Rights. During the Fremont campaign I had so far
had my eyes opened and my understanding enlightened, as to see
that if it is right for the people of Great Britain to put a
politician at the head of their government, and she a woman--if,
in all the civilized nations of the world, it is deemed both
seemly and proper for women to be in public meetings and take
part therein, provided they are duchesses or the ladies of
lords--if it is right, in other words, for aristocracy to give to
their women the right of public speech, then it is right, also,
for democracy to give their women the right of public speech.
Does any one question whether Lucy Stone may speak? or Mrs.
Livermore? or Mrs. Stanton? There is not a city or town in the
nation that does not hail their coming; and there are no persons
so refined, and no persons so conservative as not to listen to
them; and there are none that listen who do not always admit that
women may speak. God does not give such gifts for nothing.
We are in a community that is constantly growing, expanding,
developing. We do not believe that human nature has reached its
limits. There are new combinations, new developments, taking
place. Nor do we believe that men have reached the ultimatum of
their practical efficiency, any more than women have. It is in
the order of things, that having met, tried, and settled this
question--the right of woman to public speech--we should meet the
next question, the right of women to act. She has a right to
think,--has she a right to practice? May she vote, or sit upon
committees in matters pertaining to local or National interests?
It is this question which is under discussion now. It seems wild
and wandering to many, but not more wild and wandering than
fifteen years ago, to the great majority of our citizens, seemed
the question of woman's right to public speech. I venture to say
that within the fifteen years next coming it will seem strange to
the great mass of the people that it should have been considered
of doubtful propriety for woman to exercise the privilege, or, I
should rather say, the duty of suffrage.
And so within the last few years this question has risen up, to
the suppression, I may say, of everything else; for everything
else is conceded. I don't know what advanced step may be next
proposed. If I did, I should propose it to-day--for this reason,
that I notice that each advance becomes the acceptance of the
disputed question immediately in its rear. When the doctrine of
physiognomy--Lavater's doctrine--was first propounded, men
laughed it to scorn, and contemned the idea that there could be
anything true or noble in it, until phrenology came and asserted
that the brain's proportional parts could be known, and that the
mind could be outwardly ascertained, and then men said: "Oh,
this phrenology is a humbug! Physiognomy is rational; we can see
how a man can judge that way; there is something in physiognomy."
So they swallowed physiognomy in order to be strong enough to
combat phrenology. Animal magnetism, I believe, came up next; and
the people ridiculed it as they had ridiculed those that had gone
before. They now thought that there might be some sense in
physiognomy and phrenology, but animal magnetism was
preposterous. Then came mesmerism. "Why," people said, "this is
nothing in the world but animal magnetism, in which, of course,
there is some reason." Then came spiritualism. "Oh," people said,
"that is nothing but mesmerism." So they admitted each anterior
heresy for the sake of refuting the new one. And now, may a woman
be an artist? May she sing in public? May she speak in public?
"Well," said people, "she can sing, if she has the gift; there is
no harm in that; but this delivering an oration, this is not
woman's sphere." Then if we say, "Shall a woman vote?" they say,
"Oh! vote! vote! Let her speak if she wants to speak; but as for
voting, that will never do!"
Therefore, as I have said, if I could but see the next point
ahead, I would immediately proclaim it, because then people would
say, "Let women vote if they want to vote, but that is as far as
we can go." I rejoice in your presence this morning. I, for one,
need not assert that I am from my whole heart and conviction
thoroughly of opinion that the nature of woman, the purity and
sweetness of the family, the integrity and strength of the State,
will all be advantaged when woman shall be, like man, a
participator in public affairs.
* * * * *
Rev. JAMES FREEMAN CLARKE said--Ladies and gentlemen:--This is a
very serious question, whichever way we look at it. I do not
suppose that, if the women of the country were to be admitted
to-day to vote, the consequences would appear to-day, or for some
time to come, because women everywhere would vote very much as
those around them are in the habit of voting. Young men growing
up generally vote as their fathers and brothers are in the habit
of voting--those with whom they are in the habit of
communication; so it would be with women. They would probably,
for some time to come, vote very much as their husbands, fathers,
and brothers do now. The ultimate result, however, is of the
greatest consequence; and nobody can tell exactly what it will
be. I, for one, believe that it will be very beneficial, and it
is for that reason that I am here to-day.
I believe, in the first place, that women ought to vote, because
it seems to me that this is in the direction of all human
progress, and in the direction of civilization. Civilization,
thus far, has constantly occupied itself in bringing woman up to,
and putting her by the side of man. In the barbarous stage of
society, woman is the slave and tool of man; in the Asiatic age
she is the plaything and ornament with which man amuses himself;
but in Christendom there is a tendency to place woman side by
side with man in everything, and just as far as it has been done
we find the benefit of it. Woman ought to be made the companion
of man in his great work of government. The reason why people
think politics is a low and vulgar pursuit is that woman has
never been in politics. Where man goes alone he is easily
corrupted. Soldiers in the army are degraded, despite the
patriotic nobleness of their motive, by the absence of woman,
and men are degraded at the polls, as well as everywhere else,
through not having women by their side.
I believe in this movement, not only because it is in the
direction of all modern civilization, but because it is in
accordance with the idea of American government, and the policy
of American institutions. A State is saved by being faithful to
its own idea, or lost by faithlessness to that idea. Now the
American idea is faith in the people. We know perfectly well
there are evils connected with republicanism, as there are with
everything; but we have chosen the good of a republic with this
great, broad basis of universal suffrage. People say, "Well, but
there is no natural right to vote." We knew that very well
before, because there is no voting in a state of nature. Voting
is a social contrivance. Because it is not a natural right, is it
any less unjust to deprive a large part of the people of it?
There are no roads in a state of nature. For that reason, shall
we say to a woman, "You shall not walk in the road?" Wherever the
male and female qualities go together, we are better for it, and
therefore it is our business to put them together in the
government. Put away all the absurd restrictions on woman, and
let her do what God intended her to do. Let us trust nature and
God, and give to woman the opportunity to do whatever she is able
to accomplish.
I have another reason for woman suffrage, and that is, that
nothing can be said against it. Our good friend, Dr. Bushnell,
has written a book in which he says that if woman is allowed to
vote she must be allowed to govern; and, being a subject nature,
she can not govern. In other words, as she is a subject nature,
let her stay at home and govern her household all the time!
People say she ought to influence gently and quietly, and not to
govern by force. Now if there is anything which means influence
and not force, except indirectly and secondarily, it is the
ballot-box! We had an administration two years ago which had all
the force of the country at command, and the people went to the
ballot-box and destroyed it so completely that we have almost
forgotten we ever had so bad a Government as that of Andrew
Johnson.
All the strength and bravery and determination of this world are
not so much confined to the male sex as some ornaments of that
sex would have us believe. We want the women--the wives and
sisters and mothers of the land, to help save our men from
political corruption. It is what God has ordained, and the time
is coming when it shall be effected.
Mrs. M. M. COLE read the following letter:
VINELAND, N. J., May 10, 1870.
MY DEAR FRIENDS: I once had a neighbor who was for years
entirely crippled with rheumatism, and she, when asked, "How
are you to-day?" invariably answered, "Better, I thank you,
to-day than I was yesterday. Hope I shall be right smart
to-morrow." So, friends, I could say, unasked, I am better
this year than I was last, and I hope to keep on in this
line until 1876, and be able then to stand with you once
more upon the platform of equal rights, and shout
"Hallelujahs" over the ratification of the Sixteenth
Amendment; over the crowning of my labors of twenty-five
years, during which time I have not failed to ask for the
right of suffrage for all citizens of this Republic, of sane
mind and adult years, without regard to race, color, or sex.
"The good time coming is almost here."
Yours in faith,
FRANCES D. GAGE.
The President read a letter just received from Mr. Tilton:
NEW YORK, May 11, 1870.
_Rev. Henry Ward Beecher, President of the American Woman
Suffrage Association_: Honored Sir: I am commissioned by the
unanimous voice of the Union Woman Suffrage Society, now
assembled in Apollo Hall, to present to yourself, and
through you to the Association over which you are presiding
in Steinway Hall, our friendly salutations, our hearty good
will, and our sincere wishes for mutual co-operation in the
cause of woman's enfranchisement.
Fraternally yours, THEODORE TILTON,
President of the Union Woman Suffrage Society.
At his own desire the President was unanimously requested to make
reply on the behalf of the American Woman Suffrage Association.
Mr. Beecher remarked, "If there are two general associations for
the same purpose, it is because we mean, in this great work, to
do twice as much labor as one society could possibly do."
Rev. OSCAR CLUTE said: Every favored movement of civilization has
been simply a recognition of the rights and privileges that
inhere in humanity. Take for instance the idea of the divine
right of kings--which has been so thoroughly scouted by our
republicanism. The abandonment of that idea upon the part of our
fathers was a great stride in the path of civilization. And at
this time in almost all parts of the world something is being
done toward giving the masses a clearer idea of those rights
which inhere in them.
In our own country, the object of the woman suffrage reformers
is, not to overturn anything already established that is good and
pure and noble, but to extend to women those rights which inhere
in them as human beings. It is not claimed for women that they
shall have any advantage over men, but simply that they shall
have the right to labor and receive their earnings. That they
shall have such facilities of education as men enjoy. Give woman
equal opportunities. Her sphere is, undoubtedly, to engage in
such labor, to get such culture, and do such good work as she
finds ready to her hands, and to help on in the cause of
humanity. The ballot is the key that opens to woman all the
avenues of labor and of culture. If all the avenues of education
and labor were open to women, we should find them growing up with
higher and nobler ambition than the girls of to-day. The laws at
present in force are detrimental to the interests of women not
only in regard to property, but to marriage itself. Some
provision is necessary by which women themselves can bring their
efforts to bear upon these laws, and the ballot is the only
effective measure for the purpose.
Mrs. JULIA WARD HOWE said: My dear friends--Sometimes, when I
begin to speak at conventions for the advocacy of woman suffrage,
I feel self-dismayed in thinking that I ought to educate my
audience all over from beginning to end. But this would require
so much time that no one convention would ever get through with
it; so I content myself with saying, as simply and as strongly as
I can, what happens to be in my mind. That particular thought
which is now uppermost is the great pleasure of our meeting
to-day. We come together here, trusting to see in your kind faces
the reflection of our great hope; and to find in your ears the
echo of that great promise which some of us expected to hear a
long while ago, and which all of us now see growing and
strengthening until its harmony seems to us to fill the world.
We don't come together here to ignore oppositions, but to
reconcile them. Oppositions are divinely appointed. I do believe
that their distance can not be increased with safety to the
economy of the world. But love is the tropical equator. His fiery
currents are able to quicken and vivify the whole globe. They
circulate equally at the arctic and antarctic extremities. The
work that we are doing in common is not unfavorably affected by
oppositions. The poles are God's anointed and stand firm; but
opposition has quickened the currents of love until it has melted
the social ice at the extremities for us, and even the snows
which very prematurely, I do assure you, begin to fall upon the
heads of some of us. I have been speaking and writing on this
subject for a year and a half, and I find the subject always
getting outside of my efforts much more rapidly than my efforts
are able to get outside of it. At every new meeting I find the
speech of the last meeting much too small. Whether the question
grows or the speech shrinks I do not know, but I am inclined to
think the former. I never knew any member of my nursery to
require so much letting out, expanding, as this question. From
all of this I am inclined to think that we have set our hands to
a great work, to a long and hard labor, to a reform of human
society; to a reduplication of human power and well-being.....
MRS. SARA J. LIPPINCOTT, more widely known as "Grace Greenwood,"
stated that she had believed in woman suffrage since she was old
enough to believe in anything that was right and to denounce
anything that was wrong. She was not counted among the
extremists. Indeed, she claimed the right only for three classes
of persons, namely, single women who have property of their own,
married women, and all such other women as may desire it. I am
willing that a property qualification should be exacted. Require,
if you will, that each woman voter shall possess a gold watch,
and keep it wound and up to time--a clothes wringer and a sewing
machine; that she shall be able to concoct a pudding, sew on a
button, and, at a pinch, keep a boarding-house and support a
husband respectably....
The PRESIDENT read the reply which he had prepared to the letter
of Mr. Tilton as follows:
NEW YORK, May 11, 1870.
_To Theodore Tilton, President of the Woman Suffrage Society
Meeting in Apollo Hall_: Dear Sir: Your letter of
congratulation was received with great pleasure by the mass
Convention assembled in Steinway Hall, under the auspices of
the American Woman Suffrage Association, and I am instructed
by their unanimous vote to express their gratification, and
to reciprocate your sentiments of cordial good-will. In this
great work upon which you have entered--the enfranchisement
of woman--we have a common aim and interest, and we shall
rejoice at any success which is achieved by your zeal and
fidelity.
I am, very truly, yours, HENRY WARD BEECHER.
Mrs. MARY F. DAVIS, of New Jersey, read a report from the
executive committee of the New Jersey Woman Suffrage Association.
Col. T. W. HIGGINSON spoke as follows: Mr. President, Ladies and
gentlemen--I was thinking during the brilliant speech of Mrs.
Lippincott, what an awful reflection the existence of that woman
was upon the Government of the country in which we live--that she
should reside in sight of the Capitol of Washington and never get
nearer the interior of that building than the reporter's desk.
Fancy a House of Representatives in which she should have an
opportunity of talking to her fellow-delegates as she has talked
to us this afternoon. Fancy the life, the new interest, the
animation that will come into those desolate debates in Congress
whenever she sets her foot as Senator or Representative within
those halls, and the rest of the women come after her. If she was
there, she might perhaps be met by the old objection, that,
whatever her words may be, she did not have the physical force to
sustain them. The composition of our delegates in both houses of
Congress is not, as a general rule, so formidable as to lead one
to suppose that they were particularly sent there for their
muscle. Bring before you the array of the men whom you send to
represent the nation. See how absurd it is to suppose that they
were chosen for anything but their intellect. Hear this lady
talk, and when you compare what you have heard with the debates
in Congress, it does not seem to me that even intellect was the
main consideration.
I believe that no man ever made use of that hackneyed argument,
that women couldn't vote because they couldn't discharge military
duty, unless there was in that man something that needed the
teaching of womanhood to make him do his military duty, and do it
well. I never heard that argument made that I do not suspect that
there is something amiss in that man's lungs, or his liver, or at
any rate his brain. The military duties of the nation have
nothing to do with the elective franchise. Every soldier who
comes back from military service finds the way to the polls
blocked up by dozens of men who, at the time of the draft,
suddenly developed lamenesses, either of limbs, or of excuses;
men who wanted to see if there wasn't some wound or trouble by
which they could be relieved from the obvious necessity. You
recollect the man that Mr. Clarke spoke to you of this morning,
who, at the sacking of Lawrence, hid himself in the cellar, while
his wife guided with a lantern the border ruffians who were in
search of him. She relied apparently upon the ingenuity of the
husband to hide himself effectively--a reliance in which she was
not disappointed. Not having found him, they decided to set fire
to the house, and then she asked permission to bring out her
household furniture and save it from the flames. To finish up she
dragged out a great roll of carpet. Had anybody sat down on that
roll of carpet they would have heard the ready scream of her
brave but suffering husband. If that man was like multitudes of
men, if he were a man like Horace Greeley in his opinions, the
moment the carpet was unrolled, the carpet knight would step out,
and his first remark to his wife would probably be, "My dear, you
can now return to the kitchen. I will do the voting, because I
have the physical strength to stand by the Government."
Woman, in time of war, has her mission, as man has his. It is
idle to talk about her "sphere"--as her sphere is generally
interpreted. Even in the most disastrous war, the mission of
woman is plainly to be discerned in deeds of self-denial and
self-sacrifice. Women have worked themselves literally to death
through the toils and exposures of war. Of all the semblances of
argument that can be brought against the right of woman to the
suffrage--of all the figments of the brain that men devise, there
is nothing idler than to object to this right on the ground that
suffrage and bearing arms should go together. In times of war the
women of our country did aid and comfort and bless our suffering
armies, and hundreds of returned soldiers owe their restoration
to health and life to the ministering labors and devotedness of
some woman. Such men will not use the argument that woman should
not have the suffrage because she can not bear arms.
The ballot of woman is needed to render our civilization more
complete and harmonious. I knew a lady who rode with the first
party of ladies over the mountains into a mining town of
California. The whole population turned out to see the novel
spectacle. What did they say when the women came among them? Did
they say, "Go away from here; this is no place for women; you
will unsex yourself?" Oh, no! The first sound heard from that
silent and expectant throng of miners was a rough voice calling
out, "Three cheers for the ladies who have come to make us
better!" It is this coming of the new influence--not a purer
influence merely, for doubtless a great part of what is called
the purity of woman is but the purity of ignorance, that rough
contact with the world would seem to endanger--it is not merely
the greater purity, but it is because she is the other part of
the human race; it is because without her we have fathers in the
State, but no mothers; it is because without her in our
legislative halls, we have laws that take from the mother the
right to every child she bears; it is because without her in our
courts, lawyers use foul words that shame the purity of woman.
Until woman takes a place with man in the legislation of the
world, and in the administration of justice, she will suffer, and
man through her will suffer; also, it is not because woman is so
far above man that we claim her rights in this matter. It is
because she is the other half of man and society is imperfect,
and will remain so until she takes her proper place in the labors
of the world. If a pair of scissors be broken in two, and you
have it riveted together, it is not because you concede angelic
superiority to either half, but simply because it takes two
halves to make a whole.
Mrs. CUTLER was the first speaker of the evening session. Ladies
and Gentlemen:--When the cloud of slavery agitation arose--a
cloud at first no bigger than a man's hand, but which at length
became a great tempest, overshadowing all the land, and when the
thunders rolled, and the lightnings flashed, and when we felt
that almost the doom of our nation had come, then we women read,
as one of our number has so grandly expressed it--we read by the
light of a hundred thousand lamps, the judgment of the Almighty
against the institution of slavery. That institution was wrong
because it took away human rights. But what were the rights? The
right to live was not among them--for the slave lived. The right
to bread was not among them--for he was fed and clothed. The
rights that were taken away were the rights inherent in all human
beings to the results of their own labor, to the freedom of the
body and the mind. And when the country once became aroused to
the full significance of this slavery question, the heart of
every mother in the land throbbed in sympathy with the enslaved.
At last War said to us, "These people have not been remembered in
their bonds, and our sons and brothers are now called from us,
and we must offer them upon the altar of sacrifice!" And,
wondering, we read anew the Declaration of Independence, and
swore fealty to its precepts, now to be written with a pen of
iron dipped in the hearts' blood of our sons. It is past, and all
men are free and equal in America.
But there is one thing yet to be done in order that our country
may come fully within the provisions of the well-nigh inspired
expression of our forefathers, "Governments derive their just
powers from the consent of the governed." The women of America
pay taxes for the support of the Government, and their consent
should be had in matters affecting their welfare and their lives.
We have been making our work known for years, but it has been to
no purpose, and we have come to the conclusion that the only way
to remedy the evil is to get the ballot.... There is nothing to
be asked for now but the ballot. I shall never ask for anything
less than that while I live.
Rev. HENRY WARD BEECHER, the President, then addressed the
Convention. Ladies and Gentlemen:--We expect that every great
movement in the community will, from various reasons, meet with
ridicule and depreciation, as well as plain, honest resistance.
Nor are we indisposed to take our share in the merriment that is
made. We are, however, indisposed to have it said that this is a
complaining movement on the part of women. For, although there
may be occasions of single outbursts of this kind, this movement
has no such parentage, and it is progressing under no such
motives. It has long been in the hearts of many that women should
be raised to an equality in civil affairs with men, but that
great discussion which aroused and instructed the conscience of
the nation, and, above all, that issue of war which brought men
down to the very foundations of their belief, has been fruitful
in raising a multitude of questions which are advancing now and
which are to be consummated. Among these is the question, "Are
women equal with men?" You might as well ask, "Are all men equal
to each other?" For you adjudicate no questions in this country
on the ground of superiority or inferiority of classes among men.
It makes no difference, therefore, in regard to this question,
whether women be superior or inferior. The question is simply
this: have they not, before the law, the same rights that men
have, and ought they not to have, in the administration of public
interests, precisely the same power that men have? Now, in
arguing this question--in urging it upon the community, I find a
fear first, lest woman's nature should deteriorate. Kings were
always afraid that if their nobles got power it would make them
dissolute and reckless and grasping, and the nobles were always
afraid of the burgher class, that if they should get political
honor, it would only puff them up and make them unmanageable, and
the burgher class, when they have obtained their political
privileges, were afraid to extend a share in these privileges to
the yeomanry, the peasantry. You never saw one upper class who
held a prerogative that could ever be made to see any reason why
the inferior class should have a share of it. It is the universal
law of the superior class to keep the privileges to themselves,
and the privileges have usually had to be wrested from them.
In the first place, what has been the effect upon woman of
enlarging the sphere of her influence? There can be no question
that from generation to generation since the introduction of
Christianity the sphere of woman has been enlarging. She has been
growing up in the scale of power; has she been going down in the
scale of moral character? You know as well as I do that they are
better, and that, instead of deteriorating their character, it
has improved them and augmented the volume of their being, and
they are women still.
But it is said that "in politics it is different." In what way is
it different? Do you hesitate to say, "Jane, on your way to
school please take these letters and drop them into the
letter-box at the corner," and your daughter does it. There is
much more trouble in doing that than to drop a ballot in the
ballot-box. Nobody thinks anything of it, although there are men
there, too. Is a woman demeaned by dropping her ballot into the
box? Does the act injure her? "Oh, no; it is not the act--it is
the scenes that she would have to meet. Go to the polls, and see
what voting means." Yes; go and see what bachelor voting means.
It is exactly the thing that we want to improve. Did you ever see
a crowd of men, the rudest in the world, who, when a lady walked
among them, did not open spontaneously and let her pass through
as if she was an angel? It is asked sometimes, "Would you like to
have your wife or daughter go to the polls and vote?" Yes--on my
arm; yes. I venture to say that there is not a precinct in the
city where well-bred ladies will not only be allowed to vote
themselves, but would carry peace in the exercise of the right to
others. "Would you have a woman participate in the scenes
preliminary to an election?" I will tell you that the moment that
women begin to vote there will be no scenes "preliminary" in
which women may not appear. It is this very jointure of the
family influence that we look to as a part of the influence that
should bring reformation into our politics; for if our politics
are to be masculine forever I despair of the republic. No!
whatever thing on God's earth a woman's conscience tells her to
do, she can do it, though she stood in the gates of hell, and be
every particle a woman just as much. Is there anything in this
world that has so great a reputation for lawlessness as a camp?
And yet, when our armies went into this conflict, how many
hundreds of women went, not as companions, but to minister to the
boys. They went down into the camps, and through the whole war
consorted with the rudest of men, and not one single syllable did
they ever hear from the lips of those men that a pure ear should
not hear. They ate the soldiers' fare--they performed the most
menial services; but it was love that inspired and sustained them
in their toils. And will any man say that after these four years
had passed, and these ministers of mercy came back again, that
because they had been mixed up with this rabble crew, they were
the less women? Were they not the more women? These are sisters
of charity--these are heroines without a record in any human
literature. Have they been injured by mixing with the rude
affairs of war in camps and among soldiers? When women take upon
themselves such necessary duties they take vulgarity from
vulgarity, and coarseness becomes refined, for it is the heart of
woman that brings life among men, and restores Paradise.
But it is said that it would do women no good to have the vote,
because they would vote as their husbands would. Well, I am very
glad to hear that you are all so happily mated. I have a pretty
large flock, and my observation has been that there was not such
perfect unanimity. The tidings brought to me are that there are
women who have minds of their own, and I don't think a woman
would make up her mind to vote with her husband unless she
conscientiously believed that he voted the right way. It is said
again that it would introduce division into the family, and that
a division about politics is the most bitter thing in the world.
No; there is one thing in which a difference is more bitter than
politics. What? Religion. There is no such diverging influence in
this world as a difference in religion. Yet when I look into
these matters I find that families all through the community are
divided on the subject of religion. I have known scores and
scores of families in which there were Baptists and persons of
other denominations, and they found no trouble in getting along.
You will always find where husband and wife can not agree, they
will peaceably differ. There is no danger of their ever
disturbing the family relations by that.
We are still holding, it seems, the old barbaric notion of the
inferiority of woman. Every higher class preaches, preaches,
preaches--about the inferiority of everything and everybody below
it. All the world believes that the nation in which the man is
born is the highest nation in the world. Why, we believe that we
Americans are the biggest people in the world, the Englishman
believes the English people to be the highest in the world. There
is not the least doubt in the mind of a Frenchman that he was God
Almighty's first favorite, and so on, nation by nation. So it is
with classes. So, also, it seems to be with man. All the men in
the world join hands together and agree that whatever may be the
classification as between man and man, all men are infinitely
superior to woman. Now I hold that in some things woman is
inferior to man, and in some things greatly superior to man, and
that in the general average she is fully his equal. A woman is
God's chief engineer in the home. She ought to have a clear eye
and a deep heart and a wide understanding. You can't make a woman
too broad, too strong, too high, too deep in all generous
enthusiasm for the purposes of the family, for it takes strong
women to bring up strong men and strong women. In regard to this
matter I wonder that people should attempt to separate so much by
guess. Hear people say, "What will be the effect?" As if this
thing was not already demonstrated--as if history was not already
a picture of what the result will be. Will you be good enough to
tell me which woman you think to-day is the superior? There is
the problem: the Asiatic woman is the woman we hear tell about;
just look at her--a do-nothing, a know-nothing woman! The
European woman is the woman that has been cultured. Which is the
superior to-day? which commands most respect?
Delicacy in woman is sentiment, not appearance, not enamel, not
languishing airs. But it is asked, why make this disturbance? Why
not let a woman, if it is desired that she should be a student,
inquire of her husband? Suppose she hasn't got one. Young
gentlemen that are so fond of talking about the matter say, let
the women stay at home and take care of their families. Let me
ask you if you will agree to give every woman a family that
hasn't got one? If you will not, then hold your tongue. But even
taking the question in the way they put it, how would these young
men like their fathers to say, "Tom, Bill, you are both
Republicans. You have gone away from my notions; I am a good,
stanch, old-fashioned Democrat; and my advice to you, boys, is
that you stay at home and read, and think these matters over, and
I will go and vote for you,"--how would the boys like that?
Everybody is willing to be above everybody else, and this thing
of one man assuming that he is the superior of another, and
asking that other to knuckle down to him, is not popular. You
don't like it. And women don't like it any better than you
do--and they ought not to like it, either. Women can have all the
benefit of holding an opinion, but they shall not have the power
of expressing it. They go through all the labor and trouble of
loading, but can't fire off. Now, I affirm, that it is wrong to
give women the responsibilities of public life without giving
them the safety of public life, too.
But what practical use will the ballot be to women? Tell me what
practical use the ballot will be to men; then I will tell you of
what use it will be to women. A man that denies the right of
woman to the ballot must deny it to any body and all bodies. I
affirm another thing. I affirm that the ballot is a natural
right. To say that voting is an artificial thing is merely an
evasion. If there is any such thing as natural rights in the
world, it is the right of every person to have a voice in the
government that he shall live under, and in the electing of the
magistrate who shall make the laws by which he is to be governed.
But they say women don't want to vote. Well, I didn't want to
learn my letters, but I had to, and, on the whole, I am not sorry
for it. If men say women don't want the ballot, my reply is, they
need it, at any rate. In behalf of the poor and needy, I plead
for suffrage. They are the persons who are in just that place
where the hail of misfortune plays pitilessly upon them. I plead
for suffrage for women, not because the rich and refined need
it--they have already more than their heart could wish--but for
the great sisterhood of common women.
But, it is said, is it not subverting the order of the Bible; is
it not subverting those sound Christian maxims in respect to the
subordination of woman to man? Well, if you think it is, let the
husband vote first and the wife vote after; that settles that
point. I have looked through the Ten Commandments, and although I
find a great many things that you shall not do, I don't find
anywhere it says that you shall not vote; and I don't think that
there is a place in the Bible where it says that a woman shall
not vote; nor, since it pleased God to make thousands and
thousands of women that are superior to men, I don't believe that
he ever wrote a line to say that a woman who was superior should
be inferior. My friends, the true rendering of Scripture is this:
Thou shalt love the Lord thy God with all thy heart, mind, soul,
and strength, and thy neighbor as thyself. In the kingdom of love
there is neither high nor low. Love knows no distinctions. It is
all equal in the kingdom of God; and wherever the human family
are supremely possessed by that one supreme, beneficent feeling
of love, there never can arise these disturbing elements.
* * * * *
Mrs. LIVERMORE said: _Ladies and Gentlemen_--Mr. Beecher very
pertinently said that women are allowed to _know_, but not to
_say_; they may make all the preparations necessary to
intelligent voting, but that they shall not vote. That is exactly
what is doing a vast deal of mischief the world over. If they are
not allowed to vote, and express their opinions upon the laws by
which they are to be governed, and if they are not to have opened
to them all proper fields of labor, they will turn their
attention to dressmaking, and to millinery, and to all the other
hot-beds of our fast modern life. It is doing great harm; and
that is one reason I earnestly plead in their behalf for the
ballot. Men say women shall not have the ballot. They must
petition and beg for it. Have not petitions been already made?
Have not 200,000 names been sent in to Congress already? Then
they say you must "organize;" and when that is done, and they
find the country rocked as by a traveling volcano, they then
say, "All women do not want to vote; all the women in the country
should ask for it, and beg for it, and petition for it."
Let me relate an incident that occurred in Boston at the office
of Chief Justice Chapman, four or five weeks ago. A man, a
guardian, came there with a writ of _habeas corpus_, which placed
in his charge two children in no wise related to him, and he
asked that he might have the control of the children, in
opposition to the claim of their mother, who desired to keep
them. The facts were briefly these: the woman had been happily
married; her husband died and left her a widow with two young
children. By the laws of the State of Massachusetts at that time,
she was not allowed to be their guardian, nor the guardian of any
body else's children. So the Judge of Probate appointed a
guardian for the children, who magnanimously allowed them to
remain in their mother's care. After two or three years she
committed the unpardonable crime of marrying again, a thing that
no man was ever guilty of. The marriage was perfectly acceptable
to her former husband's relatives, but the guardian was so
displeased with it, that he got out a writ of _habeas corpus_,
and demanded of Chief Justice Chapman that the children be
remanded to his custody. We are apt to boast of Massachusetts and
its laws, but here was a case in which the Chief Justice, after
hearing the case, actually remanded these children to the
possession of that man. The court-room was crowded; the
excitement was intense; the poor mother sank down in a deadly
faint. I say such laws are an outrage upon womanhood, and they
arise simply and solely from a deep contempt for womanhood. This
contempt is palpable throughout all the entire code of laws.
Another argument that is frequently made against the extension of
the suffrage to woman is this: "If women go to the polls it is
going to take them away from their homes and families." These
arguments are urged with as much pertinacity as if the polls were
open three hundred and sixty-five days in the year, and
twenty-four hours each day, and that all that people did was to
lie around the polls and vote, and vote, and vote, and vote.
Another statement is, that it is because women have been kept out
of politics that they are pure and good. Well, now, it is a poor
rule that won't work both ways, and if disfranchisement has made
such angels of women, suppose you try it a little on men. I have
a firm belief that the men need, infinitely more than the women
do, the influence that woman will bring with her to the ballot;
not because woman is better, but because she is the other half of
humanity. It reminds me of the account of the battle of
Gettysburg, given by a colonel of a Western regiment. His
regiment was placed among the reserves, on an eminence, where
they could see the battle as it went on. "There we stood," said
the colonel; "our brave men trying to serve their country; able
to do it, and anxious to do it. Yet we were kept the whole of the
first day watching the fight go on. On the second day another
regiment, which had been much associated with ours, was called
into action. We saw them marching, their guns aslant, as if there
was no battle being carried on, or deeds of death and
destruction--and all the while, as they marched, the grape, and
the canister, and the shot, and the shell, tore their ranks
terribly; and men fell dead in all directions; and still those
who yet remained carried their guns in the same position, and
kept time, and closed up, and closed up, until my agitation
became so unendurable that I forgot all else, and cried out,
'Oh, God! why don't they call the reserves into action? We could
help them.'"