CHAPTER IX

WOMAN AS A CITIZEN

At last

She rose upon a wind of prophecy

Dilating on the future; everywhere

Two heads in council, two beside the hearth,

Two in the tangled business of the world,

Two in the liberal offices of life.

_The Princess_, TENNYSON.

The simple reason why the Law should be amended to give Woman full

rights of citizenship is best stated in the homely saying that “two

heads are better than one.”

In the dark ages this maxim did not apply, for learned Man doubted

whether Woman had a head in any but a physical sense, and the early

celibate theologians went so far as to deny her a soul, regarding her

with dread as a noxious animal.

Remembering these ancient beliefs a French satirist of the eighteenth

century solemnly proclaimed his “Plan for a Law prohibiting the

Alphabet to Women,” and small wonder that many good simple people took

him quite seriously, which is the nasty way your dull world has of

crabbing the humorist. For until quite modern days we were all Chinese

in our outlook on the Woman question, holding it to be an unanswerable

article of faith that “for men to cultivate virtue is knowledge; for

women to renounce knowledge is virtue.”

But once Woman has eaten of the Tree of Knowledge who can forbid her

the right to use her knowledge for the benefit of the human race? A

woman, like any other human being, may do far more harm by dropping a

letter into a pillar box than by placing a voting paper in a ballot

box. The Frenchman was right. The mistake that the Chinese and the

early Fathers had so clearly warned us against has been made. We should

never have taught Woman the Alphabet. That, in the thoughtful phrase

of modern slang, has “torn it,” and having torn up the old heathen

ideal of womanhood let us by all means put the remnants in the fire of

forgetfulness and have done with them.

An educated woman will naturally expect a better fortune in life than

to “suckle fools and chronicle small beer.” Man in a minority has

always preached to his discontented disciples that the cure-all for

political evils is the vote, and how can he with any self-respect

ask Woman to believe that all the time he has been talking to the

poor and down-trodden with his tongue in his cheek. If we have upheld

the suffrage as a way out of all evil for the slave, the serf, the

conquered nation and the submerged tenth of our own male citizens, it

is pure cant to tell Woman that it will not help her to realize her

ideals.

For my part, though I recognize the elementary right in every citizen

to share in choosing those who make the laws so that he may have some

small voice in preventing unjust and socially injurious laws being

passed, yet I do not think any new and beautiful world is going to be

created even by a new and more beautiful electorate.

It is the inherent justice in Woman’s demand that attracts me, and not

any hope or belief that much immediate reform will come of it.

On the contrary, many of the things I care about would probably receive

scant support from the first generation of women voters. When you

deny rights to any body of citizens they are ardent progressives and

march in the ranks of radicals and reformers, but they are generally

reactionary at heart. The Catholics and the Jews have proved this in

the past, and any old electioneering hand who knows the country will

tell you that there are thirty Welsh constituencies waiting for the

disestablishment of the Welsh Church to vote Conservative.

The philosopher tells us that there must be a new world if there is to

be any world at all, but history does not encourage the belief that

it will be made by the votes or hands or even the brains of the “Six

hundred and fifty-eight miscellaneous persons set to consult about

‘business,’ with twenty-seven millions, mostly fools, assiduously

listening to them.” On the contrary, for any real progress we shall

have to look for individual personal improvement in actions and ideals,

upon which the power to vote has very little influence. You cannot

follow the excellent prescription of the Psalmist for the betterment

of the world and renew a right spirit within yourself merely by voting

for the kind of being that wants to get into Parliament.

But this does not belittle the right of Woman to her place in the

sun of citizenship. John Morley used to say that every public reform

went through three stages, neglect, epigram and the guillotine; then

came universal acceptance. I think in our sensible English way the

question of Woman’s citizenship is rapidly approaching the final stage

of universal acceptance which we may hope to achieve without the

guillotine.

Nor ought the supporters of the movement to grumble at the pace at

which it has progressed. At the beginning of last century the idea

of citizenship in relation to Woman was hardly thought of in Western

Europe and was quite unknown in this country.

It was true that a woman might be a churchwarden or a sexton, or even,

I believe, a surveyor of highways, not to mention a reigning Sovereign,

but these offices were not suited to every woman’s taste. The main

avenues of a citizen’s life were closed to Woman by Law.

It was the French Revolution that swept away the cobwebs of custom

which obscured society’s outlook on the world, and encouraged Woman to

demand a citizen’s share in the rule, supremacy and sway which she had

long considered entirely beyond her reach.

For centuries Woman had stood aloof from affairs of government and the

Law, but all this came to an end in the early days of the Revolution,

when starvation stalked through the squalid Paris garrets, and in

Carlyle’s pithy phrase: “On Monday morning maternity awoke to hear

children weeping for bread.”

That was the end of it. The Law which Woman had stared at from afar

with superstitious veneration was a discredited failure. There before

their mother’s eyes were starving children. If laggard Man with all the

resources of the Law could handle the affairs of the world no better

than this the hour had surely struck for Woman to take up the burden.

It is no sooner thought than done. In a flash the idea seizes all the

women of Paris. A young girl catches up a drum and sets forth beating

it with loud deliberation, a universal press of women following her,

until there are some ten thousand Judiths clamouring at the doors of

the Hôtel de Ville and threatening it with fire.

Of a sudden Woman of the Western world had made up her mind to commence

citizen. This was the first act of her insurrection, and the end of the

play will scarcely be reached in our lifetime.

What may be called the Petruchio sculpture of womanhood utterly

perished on that memorable Monday morning in Paris, and all the king’s

horses and all the king’s men were entirely incapable of picking up

the pieces and restoring the idol of their worship to its former

subordinate position.

As long as we live in the world without thinking about it, as most of

us do, whatever is going on around us seems naturally right and proper.

The legal subordination of one sex to the other has not worked so very

badly because man, being in the main a reasonable, well-disposed sort

of animal, has seldom claimed to make full use of his so-called legal

rights.

If this principle of legal subjection were changed to a legal principle

of perfect equality, allowing no power or privilege on the one side,

nor disability on the other, it would probably affect the lives of

most men and women very slightly. Moreover, when we had lived side by

side with such a condition of Law for a few generations, we should be

wondering how our dear old ancestors got along in the barbarous days of

the early twentieth century.

It was only a few years ago that both education and physical exercise

for women were thought to be not only unnecessary, but positively

harmful. The general opinion seems to have been that the care and

solicitude which a mother feels for her children depended directly on

her ignorance of Greek and Latin, and that she would desert an infant

for a quadratic equation.

Who to-day would close our High Schools and Women’s Colleges and shut

the gates of our tennis lawns and golf links against lady members?

Our forefathers were just as absurd and inconsistent as we are, for

rich women were always permitted to ride horses for pleasure and

exercise, and poor women to work in coal-mines, at a time when most

English middle-class girls were decreed to spend their girlhood in a

common round of petty, frivolous, and “lady-like” occupations.

Our fathers and mothers, and more especially our grandmothers, were

always prophesying red ruin if the young person were allowed to read

the literature of the world and walk about without a chaperon. Their

dreams of evil, like all such dreams, sound very foolish in the morning

light of to-day.

Let us bear all this in mind when we are pondering over the troubled

questions that surround us at this present. Any one can sit in an

arm-chair in the club and join in the chorus of middle-aged Jeremiahs

who never tire of chanting their dirges about the evil tendency of

the age. No question was ever settled in that way, and Woman is quite

unlikely nowadays to accept any final Law as to her citizenship from

any gathering of superior persons of ancient and fish-like political

principles. The business has got to be discussed on new lines by newer

and younger people. I fancy the next generation will want to have less

Law and more Liberty.

I have pointed out more than once in these papers that to make

unnecessary laws forbidding people to do things is a great source of

trouble in the world.

I suppose every one will agree that there is no necessity to make laws

to forbid women to do what Nature has rendered it impossible they

should do. Reckless lecturers tell you Woman is incapable of political

understanding. If so, we must admit that no amount of legislation will

make her acquire the faculty, whatever it may be.

But do we really believe that Woman is less capable of sane and honest

political action than the average Man in the Street who goes to the

poll? The fact is that until we experiment in the matter it is folly

to dogmatise on the question whether, if we open the door to women

citizens, they will be found capable or incapable of representing their

own and their country’s interests.

A very little while ago in the history of the world it appeared absurd

in Court circles to suggest that a country could be properly governed

except by a particular breed of royal person dressed in ermine and

wearing a crown and carrying a sceptre.

The idea that it could be equally well done by any old boy in a top hat

and frock coat whose presidential ticket had caught on with the public

fancy would have appeared in mediæval times as an insanity. Charles I

was no fool, but I doubt if any University professor who ever lived

could have explained to his Royal Highness the true inwardness of the

Sovereign power of George Washington.

If, therefore, the principle of the open door in the question of

Woman’s citizenship seems to some of us a strange one, it is probably

only because we have got into a habit of thinking the world around us

is more or less as good as it is possible to be.

In the case of election to public offices should Woman take any part?

Clearly these matters touch her life and her interest, and it would

seem just that she should have a say in them.

Try to imagine meeting a Messenger from Mars and asking him what he

thought about it. “Ah,” he would say, “I see you allow Woman no voice

in choosing her governors. How wise, how sane! To what department,

then, in your government belongs that difficult task of choosing the

Woman’s husband?”

Of course, you explain to Mr. Mars that a woman chooses her own

husband. But how are you to explain to his dense astronomical mind that

it is a wise and sane thing to allow a woman by her sole casting vote

to choose her own Lord and Governor, the father of future citizens,

the ruler of the family, and having given her this monstrous and

terrible power, to deny her the trumpery gratification of voting for

a middle-aged gentleman to be one of many hundred others who exercise

very little practical control of the affairs of the nation?

Now to us there is nothing Gilbertian in allowing a woman to elect her

own husband, yet what an absurd idea it seems if you give it serious

and unbiassed consideration. I suspect we acquiesce in it either

because we have been duly elected to a satisfactory post, or live in

hopes of drawing a prize in the lottery.

But when I hear Jeremiah groaning about the inherent incapacity of

Woman to exercise a vote, I often feel that we shall have to adopt

something like the Martian Marriage Act. For my friend from Mars tells

me that in his planet husbands are assigned to wives by the Board of

Trade Allotment Department, which if it is anything like our Board of

Trade must be very satisfactory to everybody.

There are some worthy enthusiasts who tell you that if you grant the

rights of Citizenship to Woman there will be a tremendous alteration

in her manners and customs. Her passion for dress and things that

are both beautiful and expensive will disappear in her interest in

Blue Books, and mischievous luxury will be subordinated to political

economy. Candidly I believe this as little as I believe the other side

of the matter, that the result will be a campaign of united Woman to

domineer over and displace discredited Man.

The fact is that there is no great evidence in the history of

franchises that they ever had any very serious and certainly no very

sudden moral effect on human character.

If I were enfranchising the beings of my garden I should not expect

that if I gave a vote to a butterfly it would adopt a grey moth-like

demeanour and walk seriously about the gravel paths on its hind legs.

But you say triumphantly, Why give a vote to a butterfly? To which

I reply that in my garden I act on principle--the principle of

equality--and I cannot deny to the butterfly the vote that I have

already given to the slug and the snail.

Ultimately we shall no doubt have a universal suffrage of both sexes,

and I expect Woman will make a peculiarly free and independent voter. I

do not expect she will vote as a class, because I firmly believe with

Gilbert that every little boy or girl is either a little Liberal or

else a little Conservative, and will vote accordingly.

Franchises have never been fruitful of reform, and we need not hope

to make a new world out of a Woman’s vote. The reason for granting

citizenship to Woman is the selfish and sensible one that it is good

business to make use of every human power for improvement that the

State possesses.

Woman is “some” power.

INDEX

Abduction, 107, 108

Adultery, a crime in India, 106

Anderson, Mrs. Garrett, 91

Ankers, Fru Ella, on divorce, 66, 67

Bacon, Lord, on marriage, 29

Bacon, Matthew, on wife beating, 44

Bailey, Sir William, 15

Ballad of John Hobbs, 24

Bentham, Dr. Ethel, on divorce, 59, 60

Blackstone, on wife beating, 44;

on mother’s right to custody of child, 72;

on seduction, 106

Blackwell, Dr. Elizabeth, her pioneer work in medical profession,

85-91

Branks, Scotch instrument of torture for women, 100

Breach of promise, 37, 38

Bridewell, whipping of women in, 96

Buller, Mr. Justice, his alleged ruling on wife beating, 45

Bumble, on husband’s control of wife, 43, 49

Children, custody of, 69-76

Clandestine marriages, 38

Coke, Lord, on abduction, 107

Confucius, on status of woman, 17

County Court, as divorce tribunal, 57

Cranmer, Thomas, on divorce, 54

Davies, Miss Llewellyn, on divorce, 59

Denman, Lord, on mother’s right to custody of child, 72

_Dodd v. Dodd_, separation orders, 55, 57

Dooms, 20, 21, 26, 27

Ducking-stool, punishment for common scolds, 100-101

Esher, Lord, his judgment on dominion of husband, 48

Ethelbert, Doom of, 21

Exeter, Bishop of, on seduction, 113

Fleet marriages, 35

Fry, Lord Justice, his judgment in Jackson case, 48

Geneva, University of, grants medical degree to Elizabeth Blackwell,

89

Gorell, Lord, on divorce reform, 55-58

_Grinnell v. Wells_, seduction, 111

Hale, Chief Baron, on witchcraft, 99

Halsbury, Lord, his judgment on dominion of husband, 47-49

Hardwicke, Lord, his Act to prevent clandestine marriages, 36

Hardy, Mrs., her hospital work in Serbia, 85

Hardy, Thomas, on wife selling, 22

Holloway, Dr., her hospital work in Serbia, 85

Holt, Chief Justice, on scolds, 100

Husband, right to sell wife, 22-26;

to beat, 44-46

Huxley, Thomas, on woman’s right to enter professions, 93

Illegitimate child, mother’s right to custody of, 74-76

_Jackson v. Jackson_, right of husband to control wife, 46-49

Johnson, Dr., on marriage, 33

Juvenal, on wives, 18

Lansdowne, Lord, on divorce, 57

Littledale, Mr. Justice, on custody of children, 73, 76

Magistrates, women as, 104

Mansfield, Lord, his judgment on slavery, 49

Mantalini, and earnings of wife, 41

Married Women’s Property Acts, 41, 42, 50, 102

Maternity rights, 76-78

Maule, Mr. Justice, on divorce, 54

Milton, John, 16, 17;

on divorce, 54

Montaigne, on freedom of divorce, 65

Morley, John, on stages of reform, 118

New South Wales, Affiliation law, 113

Nightingale, Florence, 91, 92

Norwegian divorce law, 67

Nursing, 92

Parry, John Humffreys, and Institution for Protection of Women, 108

Police, women as, 103, 104

Polygamy, 34

Praed, on wife beating, 46

Protection of Women and Children Bill, 109

_Queen against Foxby, The_, prosecution of common scold, 100, 101

Restell, Madame, a “female physician,” 87

_Rex v. Greenhill_, custody of children, 71-74

Roman Law, as to Woman, 18, 19, 27, 33, 66

Saxon Law, as to Woman, 19, 27, 33, 44

Scold, woman as common scold, 99-101

Scotch law of legitimacy, 75

Seduction, 106-114

Soltau, Dr., her hospital work in Serbia, 85

Steele, on wife beating, 45

Summary Jurisdiction Act (Married Women), 1895, 56

Talfourd, Serjeant, his Infant Custody Bill, 73

Webb, Dr. Helen, on divorce, 59, 61

Welsh Law of wife beating, 45

Westermarck, on marriage and the family, 31

Witchcraft, 99

Woolrych, Serjeant, on wife beating, 46

York, Archbishop of, on divorce, 56, 60

* * * * *

Transcriber’s note

Minor punctuation errors have been changed without notice.

Page number references in the index are as published in the original

publication and have not been checked for accuracy.

Spelling was retained as in the original except for the following

changes:

Page 106: “English Comman Law in” “English Common Law in”

The Law and the Woman · 第 9 / 9 章