CHAPTER I

WOMEN'S SUFFRAGE

A SHORT HISTORY OF A

GREAT MOVEMENT

By MILLICENT GARRETT

FAWCETT, LL.D.

PRESIDENT OF THE NATIONAL UNION OF WOMEN'S SUFFRAGE SOCIETIES

LONDON: T. C. & E. C. JACK

67 LONG ACRE, W.C., AND EDINBURGH

NEW YORK: THE DODGE PUBLISHING CO.

It is not to be thought of that the flood

Of British freedom, which to the open sea

Of the world's praise, from dark antiquity

Hath flowed "with pomp of waters unwithstood"--

Road by which all might come and go that would,

And bear out freights of worth to foreign lands;

That this most famous stream in bogs and sands

Should perish, and to evil and to good

Be lost for ever. In our halls is hung

Armoury of the invincible knights of old:

We must be free or die, who speak the tongue

That Shakespeare spake--the faith and morals hold

Which Milton held. In everything we're sprung

Of earth's first blood, have titles manifold.

--W. Wordsworth.

WOMEN'S SUFFRAGE

CHAPTER I

THE BEGINNINGS

We suffragists have no cause to be ashamed of the founders of our

movement--

"In everything we're sprung

Of earth's first blood, have titles manifold."

Mary Wollstonecraft[1] started the demand of women for political

liberty in England, Condorcet in France,[2] and the heroic group of

anti-slavery agitators in the United States. It is true that Horace

Walpole called Mary Wollstonecraft "a hyena in petticoats." But this

proves nothing except his profound ignorance of her character and aims.

Have we not in our own time heard the ladies who first joined the

Primrose League described by an excited politician as "filthy witches"?

The epithet of course was as totally removed from any relation to the

facts as that which Horace Walpole applied to Mary Wollstonecraft.

William Godwin's touching memoir of his wife, Mr. Kegan Paul's _William

Godwin: his Friends and Contemporaries_, and Mrs. Pennell's Biography

show Mary Wollstonecraft as a woman of exceptionally pure and exalted

character. Her sharp wits had been sharpened by every sort of personal

misfortune; they enabled her to pierce through all shams and pretences,

but they never caused her to lower her high sense of duty; they never

embittered her or caused her to waver in her allegiance to the pieties

of domestic life. Her husband wrote of her soon after her death, "She

was a worshipper of domestic life." If there is anything in appearance,

her face in the picture in the National Portrait Gallery speaks for

her. Southey wrote of her, that of all the lions of the day whom he had

seen "her face was the best, infinitely the best."

The torch which was lighted by Mary Wollstonecraft was never afterwards

extinguished; there are glimpses of its light in the poems of her

son-in-law Shelley. The frequent references to the principle of

equality between men and women in the "Revolt of Islam" will occur to

every reader.

In 1810 Sydney Smith, in the _Edinburgh Review_, wrote one of the most

brilliant and witty articles which even he ever penned in defence of an

extension of the means of a sound education to women.

In 1813 Mrs. Elizabeth Fry began to visit prisoners in Newgate, and

shocked those who, citing the parrot cry "woman's place is home,"

thought a good woman had no duties outside its walls. She had children

of her own, but this did not shut her heart to the wretched waifs

for whom she founded a school in prison. A little after this England

began to be stirred by the agitation which resulted in the passing

of the Reform Bill of 1832. It is one of life's little ironies that

James Mill, the founder of the Philosophical Radicals, and the father

of John Stuart Mill, who laid the foundation of the modern suffrage

movement, was among those who, in the early nineteenth century,

justified the exclusion of women from all political rights. In an Essay

on "Government" published in 1823 as an appendix to the fifth edition

of the _Encyclopædia Britannica_, he dismissed in a sentence all claim

of women to share in the benefits and protection of representative

government, stating that their interests were sufficiently protected

by the enfranchisement of their husbands and fathers. It is true that

this did not pass unchallenged; a book in reply was published (1825)

by William Thomson. This book had a preface by Mrs. Wheeler, at whose

instigation it was written.[3]

The Reform Movement was agitating the whole country at this period,

and political excitement led to political riots, burning of buildings,

and general orgies of massacre and destruction. The Government of the

day had their share in the blunders and stupidities which led to these

crimes, and in none were these qualities more conspicuous than in the

riot at Manchester, which came to be known as the Peterloo Massacre in

August 1819, in which six people were killed and about thirty seriously

injured.

What connects it with the subject of these pages has already been

hinted at. Women as well as men had been ridden down by the cavalry;

they were present at the meeting not merely as spectators, but as

taking an active part in the Reform Movement. A picture of the Peterloo

Massacre, now in the Manchester Reform Club, is dedicated to "Henry

Hunt, Esq., the chairman of the meeting and _to the Female Reformers

of Manchester_ and the adjacent towns who were exposed to and suffered

from the wanton and furious attack made on them by that brutal armed

force, the Manchester and Cheshire Yeomanry Cavalry." The picture

represents women in every part of the fray, and certainly taking their

share in its horrors. In the many descriptions of the event, no word of

reprobation has come to my notice of the women who were taking part in

the meeting; they were neither "hyenas" nor "witches," but patriotic

women helping their husbands and brothers to obtain political liberty;

in a word, they were working for men and not for themselves, and this

made an immense difference in the judgment meted out to them. However,

it is quite clear that even as long ago as 1819 the notion that women

have nothing to do with politics was in practice rejected by the

political common-sense of Englishmen. No one doubted that women were,

and ought to be, deeply interested in what concerned the political

well-being of their country.

Some political antiquarians in this country have expressed their

conviction that in early times when the institution of feudalism was

the strongest political force in England, women exercised electoral

rights in those cases where they were entitled as landowners or as

freewomen of certain towns to do so.[4] This view has been combated

by other authorities, and has not been accepted in the law courts,

where special emphasis has been laid on the fact that no authentic

case of a woman having actually cast a vote, as of right, in a

Parliamentary election can be produced. The claim that in ancient

times women did exercise the franchise, whether capable of being

established or not, certainly does not deserve to be dismissed as in

itself absurd and incredible. I believe it has been called by some

anti-suffragists "an impudent imposture," in the most approved style

of the "what-I-know-not-is-not-knowledge" pedant. Whatever it may be,

it is not this. In a book published in 1911,[5] there is a passage

which goes far to prove that even as late as 1807 the right of women

possessing the necessary legal qualification to vote in Parliamentary

elections was recognised as being in existence. One of the Spencer

Stanhopes was a candidate during the general election of 1807, and

Mrs. Spencer Stanhope writes to her son, John, that her husband's party

was so certain of success that they had announced that their women folk

need not vote. "Your father was at Wakefield canvassing yesterday....

They determined not to admit the ladies to vote, which is extraordinary

and very hard, considering how few privileges we poor females have.

Should it come to a very close struggle, I daresay they will then call

upon the ladies, and in that case every self-respecting woman should

most certainly refuse her assistance."

The contention is that the Reform Act of 1832, by substituting the

words "male person" in lieu of the word "man" in the earlier Acts,

first placed upon the women of this country the burden of a statutory

disability. This process, it is argued, was repeated in the Municipal

Corporation Act of 1835, and is the reason why the admission of women

to the municipal franchise in 1870 is spoken of in many of our suffrage

publications as the "_Restoration_" of the municipal suffrage to women.

The point appears more of antiquarian than of practical interest. If

substantiated, it only illustrates anew the fact that under feudalism,

and as long as feudalism survived, property rather than human beings

had a special claim to representation, but it assumed a larger degree

of importance from what followed in 1850 and 1868.

In 1850 Lord Brougham's Act was passed, which enacted that in all Acts

of Parliament "words importing the masculine gender shall be deemed

to include females unless the contrary is expressly provided." In the

Reform Bill of 1867 the words "male person" were abandoned, and the

word "man" was substituted, and many lawyers and others believed that

under Lord Brougham's Act of 1850 women were thereby enfranchised.

Under this belief, the reasons for which were set forth by Mr. Chisholm

Anstey, barrister and ex-M.P., in two legal pamphlets published, one

just before and one just after the passing of the Reform Bill of 1867,

a large number of women rate-payers claimed before the revising

barristers in 1868 to be placed upon the Parliamentary register. Under

the able leadership of Miss Lydia Becker 5346 women householders of

Manchester made this claim, 1341 in Salford, 857 in Broughton and

Pendleton, 1 lady in S.E. Lancashire, a county constituency, 239

in Edinburgh, and a few in other parts of Scotland. The revising

barristers in most of these cases declined to place the women's names

on the register; and in order to get a legal decision, four cases were

selected and argued before the Court of Common Pleas on November 7,

1868. The judges were the Lord Chief Justice Bovill, with the Justices

Willes, Keating, and Byles. Sir John (afterwards Lord) Coleridge, and

Dr. Pankhurst were counsel for the appellants. The case (technically

known as Chorlton _v._ Lings) was given against the women, on the

express ground that although the word "man" in an Act of Parliament

must be held to include women, "_this did not apply to the privileges

granted by the State_." This judgment, therefore, established as law

that "the same words in the same Act of Parliament shall for the

purpose of voting apply to men only, but for the purpose of taxation

shall include women."[6]

Some women's names had been accepted by revising barristers, and were

already upon the register. A question was raised whether they could

remain there. The barrister in charge of this case, Mr. A. Russell,

Q.C., argued that when once the names were upon the register, if they

had not been objected to they must remain; one of the judges thereupon

remarked that if this were so there would be no power to remove the

name of _a dog or a horse_ from the register if once it had been

inscribed upon it. This was eloquent of the political status of women,

identifying it by implication with that of the domestic animals. _The

Times_, in anticipation of the Chorlton _v._ Lings case coming on for

hearing, had an article on November 3, 1868, in which it said: "If

one supposes it ever was the intention of the legislature to give

women a vote, and if they do get it, it will be by a sort of accident,

in itself objectionable, though, in its practical consequences,

perhaps harmless enough. On the other hand, if they are refused, _the

nation will, no doubt, be formally and in the light of day committing

itself through its judicial tribunal, to the dangerous doctrine that

representation need not go along with taxation_." With the decision in

Chorlton _v._ Lings, the last chance of women getting the suffrage by

"a sort of accident" vanishes, and very few of us can now regret it,

for the long struggle to obtain suffrage has been a great education

for women, not only politically, but also in courage, perseverance,

endurance, and comradeship with each other.

If the nineteenth century was a time of education for women, it was no

less a time of education for men. We have not yet arrived at an equal

moral standard for men and women, but we have travelled a long way on

the road leading to it. A George I. openly surrounding himself with

mistresses, and shutting up his wife for life in a fortress for levity

of behaviour; a George IV. who measured with similar inequality his

own and his wife's connubial transgressions, would not be tolerated

in the England of the twentieth century. The awakening of women to

a sense of their wrongs before the law was a leading feature of the

women's movement in the early nineteenth century. The Hon. Mrs. Norton,

the beautiful and gifted daughter of Tom Sheridan, a reigning toast,

a society beauty, and with literary accomplishments sufficient to

secure her an independent income from her pen, was subjected to every

sort of humiliation and anguish as a wife and mother which the mean

and cruel nature of her husband could devise. Mr. Norton brought an

action against Lord Melbourne for the seduction of his wife, and the

jury decided without leaving the box that Lord Melbourne was wholly

innocent. This did not prevent the petty malice of her husband from

depriving Mrs. Norton entirely of her three infant children, one of

whom died from an accident which ought never to have happened if the

child had been duly cared for. To read her life[7] is comparable to

being present at a vivisection. Mrs. Norton had one weapon. She could

make herself heard; she wrote a pamphlet in 1836 called "_The Natural

Claim of a Mother to the Custody of her Children as affected by the

Common Law Right of the Father_." One result which followed from Mrs.

Norton's sufferings, coupled with her power of giving public expression

to them, was the passing of Serjeant Talfourd's Act in 1839, called

the Infants' Custody Act, giving a mother the right of access to her

children until they are seven years old. This is the first inroad on

the monopoly on the part of the father of absolute control over his

children created by the English law. The division of legal rights

over their children between fathers and mothers has been described by

a lawyer as extremely simple--the fathers have all and the mothers

none. Serjeant Talfourd's Act did not do much to redress this gross

injustice; but it did something, and marks the beginning of a new epoch.

Little by little things began to change. Mrs. Somerville and Miss

Caroline Herschell were elected members of the Royal Astronomical

Society in 1835. Mrs. Browning wrote "Aurora Leigh," and thereby

touched the whole woman's question with an artist's hand. Thackeray,

in _Esmond_, pointed the finger of scorn at the "politicians and

coffee-house wiseacres," who are full of oratorical indignation against

the tyrannies of the Emperor or the French King, and wonders how they,

who are tyrants too in their way, govern their own little dominions at

home, where each man reigns absolute. "When the annals of each little

reign are shown to the Supreme Master, under whom we hold sovereignty,

histories will be laid bare of household tyrants as cruel as Amurath,

and as savage as Nero, and as reckless and dissolute as Charles." This

was a new note in literature. Mrs. Jameson and the Brontë sisters

contributed much in the same key. Anne Knight, a Quaker lady of Quiet

House, Chelmsford, issued about 1847 a small leaflet boldly claiming a

share for women in political freedom. There can be little doubt that

the presence of a pure and virtuous young woman upon the throne had

its influence in leading people to question seriously whether there

was any real advantage to the nation at large in shutting out from

direct political power all women who were not queens. In 1848[8] Mr.

Disraeli, in the House of Commons, had said, "In a country governed by

a woman--where you allow women to form part of the other estate of the

realm--peeresses in their own right, for example--where you allow women

not only to hold land but to be ladies of the manor and hold legal

courts--where a woman by law may be a churchwarden and overseer of the

poor--I do not see, where she has so much to do with the State and

Church, on what reasons, if you come to right, she has not a right to

vote."

Other influences were operating to open political activity to women.

Their help and co-operation were warmly welcomed by the Anti-Corn Law

League. Cobden, at one of the great meetings of the League held in

Covent Garden Theatre in 1845, said that he wished women could vote. A

few years later than this the Sheffield Female Political Association

passed a resolution in favour of women's suffrage, and presented a

petition in this sense to the House of Lords. The refusal to allow

women who had been duly appointed as delegates in the United States

to take their places in the Anti-Slavery Congress held in London in

1840 roused a great deal of controversy, especially as William Lloyd

Garrison, the leader of the Anti-Slavery Movement in America,[9]

declared that if the ladies were excluded he would share their

exclusion with them; he did this, and sat with them in a side gallery,

taking no part in the discussion. The opponents of the women took

refuge, as they have so often done before and since, in an affirmation

that they were the special repositories of the Divine Will on the

subject, and declared that it was contrary to the ordinances of the

Almighty that women should take part in the Congress. The treatment

they had received in London naturally caused great indignation on the

part of the American ladies, among whom were Elizabeth Cady Stanton and

Lucretia Mott. When they returned to their own country they immediately

began to work for the political enfranchisement of women, and the first

Women's Rights Convention was held in the United States at Seneca Falls

in 1848. This was the beginning of definite work for women's suffrage

in the United States.

In England in the 'fifties came the Crimean War, with the deep stirring

of national feeling which accompanied it, and the passion of gratitude

and admiration which was poured forth on Miss Florence Nightingale for

her work on behalf of our wounded soldiers. It was universally felt

that there was work for women, even in war--the work of cleansing,

setting in order, breaking down red tape, and soothing the vast sum of

human suffering which every war is bound to cause. Miss Nightingale's

work in war was work that never had been done until women came forward

to do it, and her message to her countrywomen was educate yourselves,

prepare, make ready; never imagine that your task can be done by

instinct, without training and preparation. Painstaking study, she

insisted, was just as necessary as a preparation for women's work as

for men's work; and she bestowed the whole of the monetary gift offered

her by the gratitude of the nation to form training-schools for nurses

at St. Thomas's and King's College Hospitals.

When a fire is once kindled many things will serve as fuel which to

a superficial glance would seem to have no connection with it. The

sufferings and torture of women during the Indian Mutiny heroically

borne helped people to see that Empire is built on the lives of women

as well as on the lives of men.

"_On the bones of the English

The English flag is stayed_,"

means that women as well as men have laid down their lives for their

country.

In 1857 the movement among women for political recognition was

stimulated in quite a different way. In that year the Divorce Act was

passed, and, as is well known, set up by law a different moral standard

for men and women. Under this Act, which is still in force (1911), a

man can obtain the dissolution of his marriage if he can prove one

act of infidelity on the part of his wife; but a woman cannot get her

marriage dissolved unless she can prove that her husband has been

guilty both of infidelity and cruelty. Mr. Gladstone vehemently opposed

this Bill. It is said that "in a ten hours' debate on a single clause

he made no less than twenty-nine speeches, some of them of considerable

length."[10] All these things prepared the way for the movement which

took definite shape in the next decade.

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