_Resolved_ by the Senate and House of Representatives of the

United States of America in congress assembled, (two-thirds

of each House concurring therein), That the following

article be proposed to the legislatures of the several

States as an amendment to the Constitution of the United

States, which, when ratified by three-fourths of the said

legislatures, shall be valid as part of said constitution,

namely:

SECTION 1. 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 sex.

SEC. 2. The congress shall have power, by appropriate

legislation, to enforce the provisions of this article.

Thus closed the forty-seventh congress, and although with so little

promise of any substantial good for women, yet this slight

recognition in legislation was encouraging to those who had so long

appealed in vain for the attention of their representatives. A

committee to even consider the wrongs of woman was more than had

ever been secured before, and one to propose some measures of

justice, sustained by the votes of a few statesmen awake to the

degradation of disfranchisement, gave some faint hope of more

generous action in the near future. The tone of the debates[103] in

these later years even, on the nature and rights of women, is

wholly unworthy the present type of developed womanhood and the age

in which we live.

FOOTNOTES:

[81] During the autumn Miss Anthony, Mrs. Jones, Miss Snow and Miss

Couzins, spending some weeks in Washington, asked for an audience

with President Chester A. Arthur, and urged him to recommend in his

first message to congress the appointment of a standing committee

and the submission of a sixteenth amendment.

[82] _Yeas_--Aldrich, Allison, Anthony, Blair, Cameron of Pa.,

Cameron of Wis., Conger, Davis of Ill., Dawes, Edmunds, Ferry,

Frye, Harrison, Hawley, Hill of Col., Hoar, Jones of Fla., Jones of

Nev., Kellogg, Lapham, Logan, McDill, McMillan, Miller of Cal.,

Mitchell, Morrill, Platt, Plumb, Ransom, Rollins, Saunders, Sawyer,

Sewell, Sherman, Windom--35.

_Nays_--Bayard, Beck, Brown, Butler, Camden, Cockrell, Coke, Davis

of W. Va., Fair, Farley, Garland, Hampton, Hill of Ga., Jackson,

Jonas, McPherson, Maxey, Saulsbury, Slater, Vance, Vest, Walker,

Williams--23.

_Absent_--Call, George, Gorman, Groome, Grover, Hale, Harris,

Ingalls, Johnston, Lamar, Mahone, Miller of N. Y., Morgan,

Pendleton, Pugh, Teller, Van Wyck, Voorhees--18.

The members of the committee were Senators Lapham of New York,

Anthony of Rhode Island, Blair of New Hampshire, Jackson of

Tennessee, George of Mississippi, Ferry of Michigan and Fair of

Nevada.

[83] _Yeas_--Aldrich, Anderson, Bayne, Beach, Belford, Bingham,

Black, Bliss, Brewer, Briggs, Browne, Brumm, Buck, Burrows, Julius

C., Butterworth, Calkins, Camp, Campbell, Candler, Cannon,

Carpenter, Caswell, Converse, Crapo, Davis, George R., Dawes,

Deering, De Motte, Dezendorf, Dingley, Dwight, Farwell, Sewall S.,

Finley, Flower, Geddes, Grout, Hardenburgh, Harris, Henry, S.,

Haseltine, Haskell, Hawk, Hazelton, Heilman, Henderson, Hepburn,

Hill, Hiscock, Horr, Houk, Hubbell, Humphrey, Hutchinson, Jacobs,

Jadwin, Jones, Phineas, Kasson, Kelley, Ladd, Lord, Marsh, Mason,

McClure, McCoid, McCook, McKinley, Miles, Miller, Moulton, Murch,

Nolan, Norcross, O'Neill, Orth, Page, Parker, Paul, Payson, Poole,

Pierce, Pettibone, Pound, Prescott, Ranney, Ray, Reed, Rice. Theron

M., Richardson, D. P., Ritchie, Robeson, Robinson, Geo. D.,

Robinson, James S., Ryan, Scranton, Shallenberger, Sherwin,

Skinner, Smith, A. Herr, Smith, Dietrich C., Spaulding, Spooner,

Steele, Stephens, Stone, Strait, Taylor, Updegraff, J. T.,

Updegraff, Thomas, Valentine, Van Aernam, Walker, Watson, West,

White, Williams, Chas. G., Willits--115.

_Nays_--Aiken, Atkins, Berry, Blackburn, Bland, Blount, Bragg,

Buchanan, Buckner, Cabell, Caldwell, Cassiday, Chapman, Clark,

Clements, Cobb, Colerick, Cox, William R., Covington, Cravens,

Culberson, Curtin, Deuster, Dibrell, Dowd, Evins, Forney, Frost,

Fulkerson, Garrison, Guenther, Gunter, Hammond, N. J., Hatch,

Herbert, Hewitt, G. W. Hoge, Holman, House, Jones, George W.,

Jones, James K., Joyce, Kenna, Klotz, Knott, Latham, Leedom,

Manning, Martin, Matson, McMillin, Mills, Money, Morrison,

Mutchler, Oates, Phister, Reagan, Rosecrans, Ross, Schackleford,

Shelley, Simonton, Singleton, Jas. W., Singleton, Otho R., Sparks,

Speer, Springer, Stockslager, Thompson, P. B., Thompson, Wm. G.,

Tillman, Tucker, Turner, Henry G., Turner, Oscar, Upson, Vance,

Warner, Whittihore, Williams, Thomas, Willis, Wilson, Wise, George

D., Young--84.

[84] _Connecticut_, Isabella Beecher Hooker, Frances Ellen Burr.

_Colorado_, Mrs. Elizabeth G. Campbell, _District of Columbia_,

Ellen H. Sheldon, Jane H. Spofford, Dr. Caroline B. Winslow, Ellen

M. O'Conner, Eliza Titus Ward, Belva A. Lockwood, Mrs. H. L.

Shephard, Martha Johnson. _Indiana_, Helen M. Gongar, May Wright

Sewall, Laura Kregelo, Alexiana S. Maxwell. _Maine_, Sophronia C.

Snow. _Massachusetts_, Mrs. Harriet H. Robinson, Harriette R.

Shattuck, Laura E. Brooks, Mary R. Brown, Emma F. Clary.

_Nebraska_, Clara B. Colby. _New Jersey_, Mrs. Stanton, Mrs.

Chandler. _New York_, Mrs. Caroline Gilkey Rogers, Mrs. Blake, Mrs.

Gage, Miss Anthony, Mrs. Helen M. Loder. _Pennsylvania_, Mrs.

McClellan Brown, Rachel G. Foster, Emma C. Rhodes. _Rhode Island_,

Rev. Frederick A Hinckley, Mrs. Burgess. _Wisconsin_, Miss Eliza

Wilson and Mrs. Painter.

[85] Short speeches were made by Mrs. Robinson and Mrs. Shattuck of

Massachusetts, Mrs. Sewall and Mrs. Gougar of Indiana, Mrs. Saxon

of Louisiana, Mrs. Colby of Nebraska.

[86] When Mrs. Stanton, Mrs. Gage and Mrs. Blake of New York, Mrs.

Hooker of Connecticut and Mrs. Saxon of Louisiana, and Mrs. Sewall,

by special request of the chairman, again addressed the committee.

[87] Mr. Blackburn, Mr. Robeson, and Mr. Reed were present.

[88] Mrs. Saxon, Mrs. Gage, Mrs. Sewall, Mrs. McClellan Brown, Mrs.

Colby, Miss Couzins, Miss Anthony, Edward M. Davis, Robert Purvis,

Mrs. Shattuck, Rev. Frederick A. Hinckley, Mrs. Robinson.

[89] Those present were Mesdames Spofford, Stanton, Robinson,

Shattuck, Sewall and Saxon; Misses Thompson, Anthony, Couzins and

Foster. Many pleasant ladies from the Society of Friends were there

also and contributed to the dignity and interest of the occasion.

[90] The speakers in the American convention were Lucy Stone, Henry

B. Blackwell, Margaret W. Campbell, Mary E. Haggart, Judge Kingman

and Governor Hoyt of Wyoming, Hannah Tracy Cutler, Mary B. Clay,

Dr. Mary F. Thomas, Rebecca N. Hazzard, Ada M. Bittenbender, Mrs.

O. C. Dinsmore, Matilda Hindman, Rev. W. E. Copeland, Erasmus M.

Correll.

The speakers at the National convention were Virginia L. Minor,

Phoebe Couzins, Mrs. Saxon, Mrs. Bloomer, Mrs. McKinney, Mrs.

Shattuck, Mrs. Neyman, Mrs. Colby, Mrs. Sewall, Mrs. Mason, Mrs.

Brooks, Mrs. Blake, Miss Anthony, Mrs. Dinsmore, Miss Hindman, Mrs.

Gougar, Mr. Correll and Mrs. Harbert. Many of those from both

associations took part in the canvass. Miss Rachel G. Foster went

out in the spring and made all the arrangements for the work of the

National. She studied the geography of the State, and the

railroads, and mapped out all the meetings for its twelve speakers.

[91] For full reports of the American convention see the _Woman's

Journal_, edited by Lucy Stone and published in Boston.

[92] For reports of the National see _Our Herald_, edited by Helen

M. Gougar and published in Lafayette, Ind. The daily papers of

Omaha had full reports, the most fair by the _Republican_, edited

by Mr. Brooks.

[93] Their many courtesies are well summed up by Miss Foster in a

letter to _Our Herald_:--DEAR HERALD: As your readers will know

from the report of the executive meetings, it was decided to have a

headquarters for National Woman Suffrage Association speakers at

Omaha. When your editor left, the arrangements had not been

completed for office-room and furnishings. It is finally decided

that I, as secretary of the National Woman's Suffrage Association,

remain in charge of this Omaha office, with Mrs. C. B. Colby as my

associate, while Mrs. Bittenbender has charge of the headquarters

at Lincoln, and manages the American and State speakers, these two

officers of the campaign committee being in constant consultation.

I cannot too strongly express the gratitude which our committee,

and especially our National Woman's Suffrage Association, owes to

the kind firm of Kitchen Brothers, proprietors of the Paxton Hotel.

During our late convention their attention has been unremitting,

and they now crown it by giving us, rent free, a large,

well-lighted office to be occupied until election as the Omaha

headquarters of our campaign committee. I was somewhat puzzled

about the suitable furnishings for the room, but Mr. Kitchen told

me he would attend to that himself, and through his kindness it

will be made very comfortable for us to occupy for the next five

weeks.

Messrs. Dewey and Stone of this city, large dealers in furniture,

have given the use of a handsome and convenient desk which will

enable us to bring order out of chaos. So you can imagine us,

surrounded by all convenient appliances, hard at work in our new

quarters a good part of every day for this last month before

election. We can certainly not complain that we are not made

welcome to the best the city affords by these kind citizens of

Omaha. Why, we even had a special engine and car given us by the

accommodating manager of the Burlington & Missouri railroad to run

one of our speakers from Omaha to Lincoln to enable her to attend a

meeting which would otherwise have lacked a speaker. Mr.

Montmorency, on behalf of the Burlington & Missouri railroad,

extended this courtesy (and in our need at that hour it was highly

appreciated) to us because of the work in which we are engaged. As

all know ere this, both this road and the Union Pacific have given

to our speakers and delegates generous reductions over all their

lines in this State.

Mayor Boyd, owner of the Opera House, has also done his share to

aid us toward success, in his great reduction of ordinary rates to

us while we occupy his handsome building with our suffrage mass

meetings. We have the Opera House now secured for October 4, 13,

19, 26, November 2 and 6, on which dates large meetings will be

addressed by some of our principal speakers. The first date is to

be filled by Miss Phoebe Couzins, on "The Woman Without a Country."

The full report of our proceedings at the Omaha and Lincoln

conventions, with the newspaper comments upon the size and

character of the audiences there assembled, as well as the

courtesies which I have just mentioned, will convince our readers

that we are seemingly welcome guests here in Nebraska, and I may

say especially in Omaha. I will keep the _Herald_ posted from week

to week upon campaign committee work.

Yours for success, RACHEL G. FOSTER.

Headquarters of Suffrage Campaign Committee, Paxton House, Omaha,

October 2, 1882.

[94] A private letter was received from Mrs. Ellen Clark Sargent,

enclosing a check for $50.

[95] Miss Stanton, having studied astronomy with Professor Maria

Mitchell, went to Europe to take a degree in Mathematics from the

College of France; but before completing her course, she shared the

fate of too many of our American girls; she expatriated herself by

marrying a foreigner.

[96] Letters were also received from Rebecca Moore, England; Mrs.

Z. G. Wallace, Indianapolis; Frederick Douglass, Washington, D. C.;

Theodore Stanton, Paris, France; Sarah Knox Goodrich, Clarina

Howard Nichols, California, and many others.

[97] WHEREAS, The National Woman Suffrage Association has labored

unremittingly to secure the appointment of a committee in the

congress of the United States to receive and consider the petitions

of women and whereas, this Association realizes the importance of

such a committee,

_Resolved_, That the thanks of this Association are due and are

hereby tendered to congress for the appointment at its last session

of a Select Woman Suffrage Committee in each house.

_Resolved_, That the thanks of this Association are hereby tendered

to Senators Lapham, Ferry, Blair and Anthony, of the Select

Committee, for their able majority report.

_Resolved_, That it is the paramount duty of congress at its next

session to submit a sixteenth amendment to the constitution which

shall secure the enfranchisement of the women of the republic.

_Resolved_, That the recent action of King Christian of Denmark, in

conferring the right of municipal suffrage upon the women in

Iceland, and the similar enlargement of woman's political freedom

in Scotland, India and Russia, are all encouraging evidences of the

progress of self-government even in monarchical countries. And

farther, that while the possession of these privileges by our

foreign sisters is an occasion of rejoicing to us, it still but

emphasizes the inconsistency of a republic which refuses political

recognition to one-half of its citizens.

_Resolved_, That the especial thanks of the officers and delegates

of this convention are due and are hereby most cordially tendered

to Mrs. Clara Bewick Colby, for the exceptionally efficient manner

in which she has discharged the onerous duties which devolved upon

her in making all preparations for this convention and for the

grand success which her efforts have secured.

_Resolved_, That the National Woman Suffrage Association on the

occasion of this, its fourteenth annual convention, does, in the

absence of its honored president, desire to send greeting to

Elizabeth Cady Stanton, and to express to her the sympathetic

admiration with which the members of this body have followed her in

her reception in a foreign land.

[98] Committee on Resolutions, composed of Lillie Devereux Blake of

New York city, Virginia L. Minor of St. Louis, Harriet R. Shattuck

of Boston, May Wright Sewall of Indianapolis, and Ellen H. Sheldon

of the District of Columbia.

[99] Mrs. Spofford, the treasurer, reported that $5,000 were spent

in Nebraska in the endeavor to carry the amendment in that State.

[100] Short speeches were made by Mrs. Rogers, Mrs. Lockwood, Mrs.

McKinney, Mrs. Loder and others.

[101] This was the last word from this dear friend to one of our

number. I met her afterward as Mrs. Hudson with her husband in

London. We dined together one evening at the pleasant home of

Moncure D. Conway. She was as full as ever of plans for future

usefulness and enjoyment. From England she went for a short trip on

the continent. In parting I little thought she would so soon finish

her work on earth. E. C. S.

[102] Mr. Springer had never been present at a single meeting of

the committee, though always officially notified. Neither did Mr.

Muldrow of Mississippi ever honor the committee with his presence.

However, Mr. Stockslager of Indiana and Mr. Vance of North Carolina

were always in their places, and the latter, we thought, almost

persuaded to consider with favor the claims of women to political

equality.

[103] Reports of congressional action and the conventions of

1884-85 have been already published in pamphlet form, and we shall

print the reports hereafter once in two years, corresponding with

the terms of congress. Our plan is to bind these together once in

six years, making volumes of the size of those already published.

These pamphlets, as well as the complete History in three volumes,

are for sale at the publishing house of Charles Mann, 8 Elm Park,

Rochester, N. Y.

CHAPTER XXXI.

MASSACHUSETTS.

BY HARRIET H. ROBINSON.

The Woman's Hour--Lydia Maria Child Petitions Congress--First New

England Convention--The New England, American and Massachusetts

Associations--_Woman's Journal_--Bishop Gilbert Haven--The

Centennial Tea-party--County Societies--Concord

Convention--Thirtieth Anniversary of the Worcester

Convention--School Suffrage Association--Legislative

Hearing--First Petitions--The Remonstrants Appear--Women in

Politics--Campaign of 1872--Great Meeting in Tremont

Temple--Women at the Polls--Provisions of Former State

Constitutions--Petitions, 1853--School-Committee Suffrage,

1879--Women Threatened with Arrest--Changes in the Laws--Woman

Now Owns her own Clothing--Harvard Annex--Woman in the

Professions--Samuel E. Sewall and William I. Bowditch--Supreme

Court Decisions--Sarah E. Wall--Francis Jackson--Julia Ward

Howe--Mary E. Stevens--Lucia M. Peabody--Lelia Josephine

Robinson--Eliza (Jackson) Eddy's Will.

From 1860 to 1866 there is no record to be found of any public

meeting on the subject of woman's rights, in Massachusetts.[104]

During these years the war of the rebellion had been fought.

Pending the great struggle the majority of the leaders, who were

also anti-slavery, had thought it to be the wiser policy for the

women to give way for a time, in order that all the working energy

might be given to the slave. "It is not the woman's but the negro's

hour"; "After the slave--then the woman," said Wendell Phillips in

his stirring speeches, at this date. "Keep quiet, work for us,"

said other of the anti-slavery leaders to the women. "Wait! help us

to abolish slavery, and then we will work for you." And the women,

who had the welfare of the country as much at heart as the men,

kept quiet; worked in hospital and field; sacrificed sons and

husbands; did what is always woman's part in wars between man and

man--and waited. If anything can make the women of the State regret

that they were silent as to their own claims for six eventful years

that the freedom of the black man might be secured, it is the

fact that now in 1885 his vote is ever adverse to women's

enfranchisement. When the fourteenth amendment to the United States

Constitution was proposed, in which the negro's liberty and his

right to the ballot were to be established, an effort was made to

secure in it some recognition of the rights of woman. Massachusetts

sent a petition, headed with the name of Lydia Maria Child, against

the introduction of the word "male" in the proposed amendment. When

this petition was offered to the greatest of America's emancipation

leaders, for presentation to congress, he received and presented it

under protest. He thought the woman question should not be

forced at such a time, and the only answer from congress this

"woman-intruding" petition received was found in the fourteenth

amendment itself, in which the word "male," with unnecessary

iteration, was repeated, so that there might be no mistake in

future concerning woman's rights, under the Constitution of the

United States.[105]

The war was over. The rights of the black man, for whom the women

had worked and waited, were secured, but under the new amendment,

by which his race had been made free, the white women of the United

States were more securely held in political slavery. It was time,

indeed, to hold conventions and agitate anew the question of

woman's rights. The lesson of the war had been well learned. Women

had been taught to understand politics, the "science of

government," and to take an interest in public events; and some who

before the war had not thought upon the matter, began to ask

themselves why thousands of ignorant _men_ should be made voters

and they, or their sex, still kept in bondage under the law.

In 1866, May 31, the first meeting of the American Equal Rights

Association was held at the Meionaon in Boston.[106] In 1868 the

call for a New England convention was issued and the meeting was

held November 18, 19, at Horticultural Hall, Boston. James Freeman

Clarke presided. In this convention sat many of the distinguished

men and women of the New England States,[107] old-time advocates,

together with newer converts to the doctrine, who then became

identified with the cause of equal rights irrespective of sex. This

convention was called by the Rev. Olympia Brown.[108] The hall was

crowded with eager listeners anxious to hear what would be said on

a subject thought to be ridiculous by a large majority of people in

the community. Some of the teachers of Boston sent a letter to the

convention, signed with their names, expressing their interest as

women. Henry Wilson avowed his belief in the equal rights of woman,

but thought the time had not yet come for such a consummation, and

said that, for this reason, he had voted against the question in

the United States Senate; "though," he continued, "I was afterwards

ashamed of having so voted." Like another celebrated Massachusetts

politician, he believed in the principle of the thing, but was

"agin its enforcement." At this date the popular interest

heretofore given to the anti-slavery question was transferred to

the woman suffrage movement.

The New England Woman Suffrage Association was formed at this

convention. Julia Ward Howe was elected its president, and made her

first address on the subject of woman's equality with man. On its

executive board were many representative names from the six New

England States.[109] By the formation of this society, a great

impetus was given to the suffrage cause in New England. It held

conventions and mass-meetings, printed tracts and documents, and

put lecturers in the field. It set in motion two woman suffrage

bazars, and organized subscription festivals, and other enterprises

to raise money to carry on the work. It projected the American, and

Massachusetts suffrage associations; it urged the formation of

local and county suffrage societies, and set up the _Woman's

Journal_. The New England Association held its first anniversary in

May, 1869, and the meeting was even more successful than the

opening one of the preceding year. On this occasion Mrs. Livermore

spoke in Boston for the first time, and many new friends coming

forward gave vigor and freshness to the movement.[110] Wendell

Philips, Lucy Stone and Gilbert Haven, spoke at this convention. It

was on this occasion that the "good Bishop," as he afterward came

to be called, was met on leaving the meeting by one who did not

know his opinion on the subject. This person expressed surprise on

seeing him at a woman's rights meeting, and said: "_What! you_

here?" "Yes," said he, "I _am_ here! I _believe_ in this reform. I

am going to start in the beginning, and ride with the procession."

After this, not until his earthly journey was finished, was his

place in "the procession" found vacant. Since 1869 the New England

Association has held its annual meeting in Boston during

anniversary week, in May, when reports from various States are

offered, concerning suffrage work done during the year. The

American Woman Suffrage Association was organized in 1869. Since

its formation it has held its annual conventions in some of the

chief cities of the several States.[111] A meeting was held in

Horticultural Hall, Boston, January 28, 1870, to organize the

Massachusetts Woman Suffrage Association.[112]

The Massachusetts Association is the most active of the three

societies named. Its work is generally local though it has sent

help to Colorado, Michigan, and other Western States. It has kept

petitions in circulation, and has presented petitions and memorials

to the State legislatures. It has asked for hearings and secured

able speakers for them. It has held conventions, mass-meetings,

Fourth of July celebrations. It has helped organize local Woman

suffrage clubs and societies, and has printed for circulation

numerous woman suffrage tracts. The amount of work done by its

lecturing agents can be seen by the statement of Margaret W.

Campbell, who alone, as agent of the American, the New England and

the Massachusetts associations, traveled in twenty different States

and two territories, organizing and speaking in conventions.[113]

As part of the latest work of this society may be mentioned its

efforts to present before the women of the State, in clear and

comprehensive form, an explanation of the different sections of the

new law "allowing women to vote for school committees." As soon as

the law passed the legislature of 1879, a circular of instructions

to women was carefully prepared by Samuel E. Sewall, an eminent

lawyer and member of the board of the Massachusetts Association, in

which all the points of law in relation to the new right were ably

presented. Thousands of copies of this circular were sent to women

all over the State.

The Centennial Tea Party was held in Boston, December 15, 1873, in

response to the following call:

The women of New England who believe that "taxation without

representation is tyranny," and that our forefathers were

justified in defying despotic power by throwing the tea into

Boston harbor, invite the men and women of New England to unite

with them in celebrating the one-hundredth anniversary of that

event in Fanueil Hall.[114]

Three thousand people were in attendance, and it was altogether an

enthusiastic occasion and one long to be remembered.

The record of conventions and meetings held by the Massachusetts

Association by no means includes all such gatherings held in

different towns and cities of the State. The county and local

societies have done a vast amount of work. The Hampden society was

started in 1868, with Eliphalet Trask, Frank B. Sanborn and

Margaret W. Campbell as leading officers. This was the first county

society formed in the State. Julia Ward Howe, a fresh convert of

the recent convention went to Salem to lecture on woman suffrage,

and the Essex county society was formed with Mrs. Sarah G. Wilkins

and Mrs. Delight R. P. Hewitt--the only two Salem women who went to

the 1850 convention at Worcester--on its executive board. The

Middlesex county society followed, planned by Ada C. Bowles and

officered by names well known in that historic old county. The

Hampshire and Worcester societies brought up the rear; the former

planned by Seth Hunt of Northampton. Notable conventions were held

by the Middlesex society in 1876--one in Malden, one in Melrose and

one in Concord, organized and conducted by its president, Harriet

H. Robinson. This last celebrated town had never before been so

favored. These meetings were conducted something after the style of

local church conferences. They were well advertised, and many

people came. A collation was provided by the ladies of each town,

and the feast of reason was so judiciously mingled with the

triumphs of cookery, that converts to the cause were never so

easily won. Many women present said to the president: "I never

before heard a woman's rights speech. If these are the reasons why

women should vote, I believe in voting."

The Concord convention was held about a month after the great

centennial celebration of April 19, 1875--a celebration in which no

woman belonging to that town took any official part. Nor was there

any place of honor found for the more distinguished women who had

come long distances to share in the festivities. Some of the women

were descendents of Governor John Hancock, Dr. Samuel Prescott,

Major John Buttrick, Rev. William Emerson and Lieutenant Emerson

Cogswell. Though no seat of honor in the big tent in which the

speeches were made was given to the women of to-day, silent

memorials of those who had taken part in the events of one hundred

years ago, had found a conspicuous place there--the scissors that

cut the immortal cartridges made by the women on that eventful day,

and the ancient flag that the fingers of some of the mothers of the

Revolution had made. Though the Concord women were not permitted to

share the centennial honors, they were not deprived of the

privilege of paying their part of the expenses incident to the

occasion. To meet these, an increased tax-rate was assessed upon

all the property owners in the town; and, since one-fifth of the

town tax of Concord is paid by women, it will be seen what was

their share in the great centennial celebration of 1876.

The knowledge of the proceedings at Concord added new zest to the

spirit of the three conventions, and the events of the day were

used by the speakers to point the moral of the woman's rights

question. Lucy Stone made one of her most effective and eloquent

speeches upon this subject. She said:

FELLOW CITIZENS (I had almost said fellow subjects): What we need

is that women should feel their mean position; when that happens,

they will soon make an effort to get out of it. Everything is

possible to him that wills. All that is needed for the success of

the cause of woman suffrage is to have women know that they want

to vote. Concord and Lexington got into a fight about the

centennial, and Concord voted $10,000 for the celebration in

order to eclipse Lexington. One-fifth of the tax of Concord is

paid by the women, yet not one of these women dared to go to the

town hall and cast her vote upon that subject. This is exactly

the same thing which took place one hundred years ago--taxation

without representation, against which the _men_ of Concord then

rebelled. If I were an inhabitant of Concord, I would let my

house be sold over my head and my clothes off my back and be

hanged by the neck before I would pay a cent of it! Men of

Melrose, Concord and Malden, why persecute us? Would you like to

be a slave? Would you like to be disfranchised? Would you like to

be bound to respect the laws which you cannot make? There are

15,000,000 of women whom the government denies legal rights.

It might be supposed that a spot upon which the battle for freedom

and independence was first begun would always be the vantage ground

of questions relating to personal liberty. But such is not the

fact. Concord was never an anti-slavery town, though some of its

best citizens took active part in all the abolition movements. When

the time came that women were allowed to vote for school

committees, the same intolerant spirit which ignored and shut them

out of the centennial celebration was again manifested toward

them--not only by the leading magnates, but also by the petty

officials of the town. Some of them have from the first shown a

great deal of ingenuity in inventing ways to intimidate and mislead

the women voters.

At the annual convention of the Massachusetts Association, in May,

1880, the following resolution was passed:

WHEREAS, We believe in keeping the land-marks and traditions of

our movement; and

WHEREAS, It will be thirty years next October since the first

woman's rights meeting was held in the State, and it seems

fitting that there should be some celebration of the event;

therefore,

_Resolved_, That we will hold a woman suffrage jubilee in

Worcester, October 23 and 24 next, to commemorate the anniversary

of our first convention.

A committee[115] of arrangements was chosen, and the meeting was

held. There were present many whose silver hairs told of long and

faithful service. The oldest ladies there were Mrs. Lydia Brown of

Lynn, Mrs. Wilbour of Worcester, and Julia E. Smith Parker of

Glastonbury, Conn. On the afternoon of the first day there was an

informal gathering of friends in the ante-room of Horticultural

Hall. Old-time memories were recalled by those who had not seen

each other for many years, and the common salutation was: "How gray

you've grown!" Many of them had indeed grown gray in the service,

and their faces were changed, but made beautiful by a life devoted

to a noble purpose. There were many present who had attended the

convention of thirty years ago--Abby Kelley Foster, Lucy Stone,

Antoinette Brown Blackwell, Paulina Gerry, Rev. Samuel May, Rev. W.

H. Channing, Joseph A. Howland, Adeline H. Howland, Dr. Martha H.

Mowry and many, many others. It was very pleasant indeed to hear

these veterans whose clear voices have spoken out so long and so

bravely for the cause. The speaking[116] at all the sessions was

excellent, and the spirit of the convention was very reverent and

hopeful.

The tone of the press concerning woman's rights meetings had

changed greatly since thirty years before. "Hen conventions" had

gone by, and a woman's meeting was now called by its proper name.

Representatives of leading newspapers from all parts of the State

were present, and the reports were written in a just and friendly

spirit.

[Illustration: Harriet H. Robinson]

The Massachusetts School Suffrage Association was formed in 1880,

Abby W. May, president.[117] Its efforts are mostly confined to

Boston. An independent movement of women voters in Boston, distinct

from all organizations, was formed in 1884, and subdivided into

ward and city committees. These did much valuable work and secured

a larger number of voters than had qualified in previous years. In

1880 the number of registered women in the whole State was 4,566,

and in Boston 826. In 1884, chiefly owing to the ward and city

committees, the number in Boston alone was 1,100. This year (1885)

a movement among the Roman Catholic women has raised the number who

are assessed to vote to 1,843; and it is estimated that when the

tax-paying women are added, the whole number will be about 2,500.

The National Woman Suffrage Association[118] of Massachusetts was

formed in January, 1882, of members who had joined the National

Association at its thirteenth annual meeting, held in Tremont

Temple, Boston, May 26, 27, 1881. According to Article II. of its

constitution, its object is to secure to women their right to the

ballot, by working for national, State, municipal, school, or any

other form of suffrage which shall at the time seem most expedient.

While it is auxiliary to the National Association, it reserves

to itself the right of independent action. It has held

conventions[119] in Boston and some of the chief cities of the

State, sent delegates to the annual Washington Convention[120] and

published valuable leaflets.[121] It has rolled up petitions to the

State legislature and to congress. Its most valuable work has been

the canvass made in certain localities in the city and country in

1884, to ascertain the number of women in favor of suffrage, the

number opposed and the number indifferent. The total result showed

that there were 405 in favor, 44 opposed, 166 indifferent, 160

refusing to sign, 39 not seen; that is, over nine who would sign

themselves in favor to one who would sign herself opposed. This

canvass was made by women who gave their time and labor to this

arduous work, and the results were duly presented to the

legislature.

In 1883 this Association petitioned the legislature to pass a

resolution recommending congress to submit a proposition for a

sixteenth amendment to the national constitution. The Senate

Committee on Woman Suffrage granted a hearing March 23, and soon

after presented a favorable report; but the resolution, when

brought to a vote, was lost by 21 to 11. This was the first time

that the National doctrine of congressional action was ever

presented or voted upon in the Massachusetts legislature. A second

hearing[122] was granted on February 28, 1884, before the Committee

on Federal Relations. They reported leave to withdraw.

The associations mentioned are not the only ones that are aiding

the suffrage movement. Its friends are found in all the women's

clubs, temperance associations, missionary movements, charitable

enterprises, educational and industrial unions and church

committees. These agencies form a network of motive power which is

gradually carrying the reform into all branches of public work.

The _Woman's Journal_ was incorporated in 1870 and is owned by a

joint stock company, shares being held by leading members of the

suffrage associations of New England. Shortly after it was

projected, the _Agitator_, then published in Chicago by Mary A.

Livermore, was bought by the New England Association on condition

that she should "come to Boston for one year, at a reasonable

compensation, to assist the cause by her editorial labor and

speaking at conventions." Lucy Stone and Henry B. Blackwell,

invited by the same society to "return to the work in

Massachusetts," at once assumed the editorial charge. T. W.

Higginson, Julia Ward Howe and W. L. Garrison were assistant

editors. "Warrington," Kate N. Doggett, Samuel E. Sewall, F. B.

Sanborn, and many other good writers, lent a helping hand to the

new enterprise. The _Woman's Journal_ has been of great value to

the cause. It has helped individual women and brought their

enterprises into public notice. It has opened its columns to

inexperienced writers and advertised young speakers. To sustain the

paper and furnish money for other work, two mammoth bazars or fairs

were held in Music Hall in 1870, 1871. Nearly all the New England

States and many of the towns in Massachusetts were represented by

tables in these bazars. Donations were sent from all directions and

the women worked, as they generally do in a cause in which they are

interested, to raise money to furnish the sinews of war. The

newspapers from day to day were full of descriptions of the

splendors of the tables, and the reporters spoke well of the women

who had taken this novel method to carry on their movement. People

who had never heard of woman suffrage before came to see what sort

of women were those who thus made a public exhibition of their zeal

in this cause. In remote places, as well as nearer the scene of

action, many people who had never thought of the significance of

the woman's rights movement, began to consider it through reading

the reports of the woman suffrage bazar.

Female opponents of the suffrage movement began to make a stir as

early as 1868. A remonstrance was sent into the legislature, from

two hundred women of Lancaster, giving the reasons why women should

not enjoy the exercise of the elective franchise: "It would

diminish the purity, the dignity and the moral influence of woman,

and bring into the family circle a dangerous element of discord."

In _The Revolution_ of August 5, 1869, Parker Pillsbury said:

Dolly Chandler and the hundred and ninety-four other women who

asked the Massachusetts legislature not to allow the right of

suffrage, were very impudent and tyrannical, too, in petitioning

for any but themselves. They should have said: "We, Dolly

Chandler and her associates, to the number of a hundred and

ninety-five in all, do not want the right of suffrage; and we

pray your honorable bodies to so decree and enact that we shall

never have it." So far they might go. But when they undertake to

prevent a hundred and ninety-four thousand other women who do

want the ballot and who have an acknowledged right to it, and are

laboring for it day and night, it is proper to ask, What business

have Dolly Chandler and her little coterie to interpose? Nobody

wants them to vote unless they themselves want to. They can stay

at home and see nobody but the assessor, the tax-gatherer and the

revenue collector, from Christmas to Christmas, if they so

prefer. Those gentlemen they will be pretty likely to see,

annually or quarterly, and to feel their power, too, if they have

pockets with anything in them, in spite of all petitions to the

legislature.

It did not occur to these women that by thus remonstrating they

were doing just what they were protesting against. What _is_ a

vote? An expression of opinion or a desire as to governmental

affairs, in the shape of a ballot. The "aspiring blood of

Lancaster" should have mounted higher than this, since, if it

really was the opinion of these remonstrants that woman cannot vote

without becoming defiled, they should have kept themselves out of

the legislature, should have kept their hands from petitioning and

their thoughts from agitation on either side of the subject. Just

such illogical reasoning on the woman suffrage question is often

brought forward and passes for the profoundest wisdom and

discreetest delicacy! The same arguments are used by the

remonstrants of to-day, who are now fully organized and doing very

efficient political work in opposing further political action by

women. In their carriages, with footman and driver, they solicit

names to their remonstrances. As a Boston newspaper says:

The anti-woman suffrage women get deeper and deeper into politics

year by year in their determination to keep out of politics. By

the time they triumph they will be the most accomplished

politicians of the sex, and unable to stop writing to the papers,

holding meetings, circulating remonstrances, any more than the

suffrage sisterhood.

These persons, men and women, bring their whole force to bear

before legislative committees at woman suffrage hearings, and use

arguments that might have been excusable forty years ago. However

this is merely a phase of the general movement and will work for

good in the end. It can no more stop the progress of the reform

than it can stop the revolution of the globe.

Political agitation on the woman suffrage question began in

Massachusetts in 1870. A convention to discuss the feasibility of

forming a woman suffrage political party was held in Boston, at

which Julia Ward Howe presided, and Rev. Augusta Chapin offered

prayer. The question of a separate nomination for State officers

was carefully considered.[123] Delegates were present from the

Labor Reform and Prohibition parties, and strong efforts were made

by them to induce the convention to nominate Wendell Phillips, who

had already accepted the nomination of those two parties, as

candidate for governor. The convention at one time seemed strongly

in favor of this action, the women in particular thinking that in

Mr. Phillips they would find a staunch and well tried leader. But

more politic counsels prevailed, and it was finally concluded to

postpone a separate nomination until after the Republican and

Democratic conventions had been held. A State central committee was

formed, and at once began active political agitation. A memorial

was prepared to present to each of the last-named conventions; and

the candidates on the State tickets of the four political parties

were questioned by letter concerning their opinions on the right of

the women to the ballot. At the Republican State convention held

October 5, 1870, the question was fairly launched into politics, by

the admission, for the first time, of two women, Lucy Stone and

Mary A. Livermore, as regularly accredited delegates. Both were

invited to speak, and the following resolution drawn up by Henry B.

Blackwell, was presented by Charles W. Slack:

_Resolved_, That the Republican party of Massachusetts is mindful

of its obligations to the loyal women of America for their

patriotic devotion to the cause of liberty; that we rejoice in

the action of the recent legislature in making women eligible as

officers of the State; that we thank Governor Claflin for having

appointed women to important political trusts; that we are

heartily in favor of the enfranchisement of women, and will hail

the day when the educated, intelligent and enlightened conscience

of the women of Massachusetts has direct expression at the ballot

box.

This resolution was presented to the committee, who did not agree

as to the propriety of reporting it to the convention, and they

instructed their chairman, George F. Hoar, to state the fact and

refer the resolution back to that body for its own action. A warm

debate arose, in which several members of the convention made

speeches on both sides of the question. The resolution was finally

defeated, 137 voting in its favor, and 196 against it. Although

lost, the large vote in the affirmative was thought to mean a great

deal as a guaranty of the good faith of the Republican party, and

the women were willing to trust to its promises. It was thought

then, as it has been thought since, that most of the friends of

woman suffrage were in the Republican party, and that the interests

of the cause could best be furthered by depending on its action.

The women were, however, mistaken, and have learned to look upon

the famous resolution in its true light. It is now known as the

_coup d'etat_ of the Worcester convention of 1870, which

really had more votes than it was fairly entitled to. After

that,--"forewarned, forearmed," said the enemies of the enterprise,

and woman suffrage resolutions have received less votes in

Republican conventions.

When the memorial prepared by the State Central Committee was

presented to the Democratic State convention, that body, in

response, passed a resolution conceding the _principle_ of women's

right to suffrage, but at the same time declared itself against its

being _enforced_, or put into practice. To finish the brief record

of the dealings of the Democratic party, with the women of the

State, it may be said that since 1870, it has never responded to

their appeals, nor taken any action of importance on the question.

In 1871 a resolution endorsing woman suffrage was passed in the

Republican convention. In June, 1872, the national convention at

Philadelphia, passed the following:

_Resolved_, That the Republican party is mindful of its

obligations to the loyal women of America for their noble

devotion to the cause of freedom; their admission to wider fields

of usefulness is viewed with satisfaction; and the honest demand

of any class of citizens for additional rights, should be treated

with respectful consideration.

The Massachusetts Republican State Convention, following this lead,

again passed a woman suffrage resolution:

_Resolved_, That we heartily approve the recognition of the

rights of woman contained in the fourteenth clause of the

national Republican platform; that the Republican party of

Massachusetts, as the representative of liberty and progress, is

in favor of extending suffrage to all American citizens

irrespective of sex, and will hail the day when the educated

intellect and enlightened conscience of woman shall find direct

expression at the ballot-box.

This was during the campaign of 1872, when General Grant's chance

of reelection was thought to be somewhat uncertain, and the

Republican women in all parts of the country were called on to

rally to his support. The National Woman Suffrage Association had

issued "an appeal to the women of America," asking them to

cooeperate with the Republican party and work for the election of

its candidates. In response to this appeal a ratification meeting

was held at Tremont Temple, in Boston, at which hundreds stayed to

a late hour listening to speeches made by women on the political

questions of the day. An address was issued from the "Republican

women of Massachusetts to the women of America." In this address

they announced their faith in and willingness to "trust the

Republican party and its candidates, as saying what they mean and

meaning what they say, and in view of their honorable record we

have no fear of betrayal on their part." Mrs. Livermore, Lucy Stone

and Huldah B. Loud took part in the canvass, and agents employed by

the Massachusetts Association were instructed to speak for the

Republican party.[124] Women writers furnished articles for the

newspapers and the Republican women did as much effective work

during the campaign as if each one had been a "man and a voter."

They did everything but vote. All this agitation was a benefit to

the Republican party, but not to woman suffrage, because for a time

it arrayed other political parties against the movement and caused

it to be thought merely a party issue, while it is too broad a

question for such limitation.

General Grant was reelected and the campaign was over. When the

legislature met and the suffrage question came up for discussion,

that body, composed in large majority of Republicans, showed the

women of Massachusetts the difference between "saying what you mean

and meaning what you say," the Woman Suffrage bill being defeated

by a large majority. The women learned by this experience that

nothing is to be expected of a political party while it is in

power. To close the subject of suffrage resolutions in the platform

of the Republican party, it may be said that they continued to be

put in and seemed to mean something until after 1875, when they

became only "glittering generalities," and were as devoid of real

meaning or intention as any that were ever passed by the old Whig

party on the subject of abolition. Yet from 1870 to 1874 the

Republican party had the power to fulfill its promises on this

question. Since then, it has been too busy trying to keep breath in

its own body to lend a helping hand to any struggling reform. At

the Republican convention, held in Worcester in 1880, an attempt

was made by Mr. Blackwell to introduce a resolution endorsing the

right conferred upon women in the law allowing them to vote for

school committees, passed by the legislature of 1879. This

resolution was rejected by the committee, and when offered in

convention as an amendment, it was voted down without a single

voice, except that of the mover, being raised in its support. Yet

this resolution only asked a Republican convention to endorse an

existing right, conferred on the women of the State by a Republican

legislature! A political party as a party of freedom must be very

far spent when it refuses at its annual convention to endorse an

act passed by a legislature the majority of whose members are

representatives elected from its own body. Since that time the

Republican party has entirely ignored the claims of woman. In 1884,

at its annual convention, an effort was made, as usual, by Mr.

Blackwell, to introduce a resolution, but without success, and yet

some of the best of our leaders advised the women to "stand by the

Republican party."[125]

The question of forming a woman suffrage political party had, since

1870, been often discussed.[126] In 1875 Thomas J. Lothrop proposed

the formation of a separate organization. But it was not until 1876

that any real effort in this direction was made. The Prohibitory

(or Temperance) party sometimes holds the balance of political

power in Massachusetts, and many of the members of that party are

also strong advocates of suffrage. The feeling had been growing

for several years that if forces could be joined with the

Prohibitionists some practical result in politics might be reached,

and though there was a difference of opinion on this subject, many

were willing to see the experiment tried.

The Prohibitory party had at its convention in 1876 passed a

resolution inviting the women to take part in its primary meetings,

with an equal voice and vote in the nomination of candidates and

transaction of business. After long and anxious discussions, the

Massachusetts Woman Suffrage State Central Committee, in whose

hands all political action rested, determined to accept this

invitation. A woman suffrage political convention was held, at

which the Prohibitory candidates were endorsed and a joint State

ticket was decided on, to be headed "Prohibition and Equal Rights."

These tickets were sent to women all over the State, and they were

strongly urged to go to the polls and distribute them on election

day. Lucy Stone, Mary A. Livermore and other leading speakers took

part in the campaign, and preparations were completed by which it

was expected both parties would act harmoniously together. Clubs

were formed at whose headquarters were seen men and women gathered

together to organize for political work. From some of these

headquarters hung transparencies with "Baker and Eddy" on one side,

and "Prohibition and Equal Rights" on the other. Caucuses and

conventions were held in Chelsea, Taunton, Malden, Lynn, Concord,

and other places. A Middlesex county (first district) senatorial

convention was called and organized by women, and its proceedings

were fully reported by the Boston newspapers.[127]

The nominations made at these caucuses were generally unanimous,

and it seemed at the time as if the two wings of the so-called

"Baker party" would work harmoniously together. But, with a few

honorable exceptions, the Prohibitionists, taking advantage of the

fact that the voting power of the women was over, once outside the

caucus, repudiated the nominations, or held other caucuses and shut

the doors of entrance in the faces of the women who represented

either the suffrage or the Prohibitory party. This was the case

invariably, excepting in towns where the majority of the voting

members of the Prohibitory party were also in favor of woman

suffrage. This result is what might have been expected. Of what use

was woman in the ranks of any political party, with no vote outside

the caucus?

After being thus ignored in one of their caucuses in Malden,

Middlesex county, the suffragists in that town determined to hold

another caucus. This was accordingly done, and two "straight"

candidates were nominated as town representatives to the

legislature. A "Woman Suffrage ticket"[128] was thereupon printed

to offer to the voters on election day. The next question was, who

would distribute these ballots most effectively at the polls. Some

men thought that the women themselves should go and present in

person the names of their candidates. At first the women who had

carried on the campaign shrank from this last test of their

faithfulness; but, after carefully considering the matter, they

concluded that it was the right thing to do. The repugnance felt at

that time, at the thought of "women going to the polls" can hardly

be appreciated to-day. Since they have begun to vote in

Massachusetts the terror expressed at the idea of such a proceeding

has somewhat abated; but in 1876 it was thought to be a rash act

for a woman to appear at the polls in company with men. Some

attempt was made to deter them from their purpose, and stories of

pipes and tobacco and probable insults were told; but they had no

terrors for women who knew better than to believe that their

neighbors would be turned into beasts (like the man in the fairy

tale) for this one day in the year.[129]

It was a sight to be remembered, to behold women "crowned with

honor" standing at the polls to see the freed slave go by and vote,

and the newly-naturalized fellow-citizen, and the blind, the

paralytic, the boy of twenty-one with his newly-fledged vote, the

drunken man who did not know Hayes from Tilden, and the man who

read his ballot upside down. All these voted for the men they

wanted to represent them, but the women, being neither colored, nor

foreign, nor blind, nor paralytic, nor newly-fledged, nor drunk,

nor ignorant, but only _women_, could not vote for the men they

wanted to represent them.[130]

The women learned several things during this campaign in

Massachusetts. One was, that weak parties are no more to be trusted

than strong ones; and another, that men grant but little until the

ballot is placed in the hands of those who make the demand. They

learned also how political caucuses and conventions are managed.

The resolution passed by the Prohibitionists enabled them to do

this. So the great "open sesame" is reached. It is but fair to

state that since 1876 the Prohibitory party has treated the woman

suffrage question with consideration. In its annual convention it

has passed resolutions endorsing woman's claims to political

equality, and has set the example to other parties of admitting

women as delegates. At the State convention in 1885 the following

resolution was adopted by a good majority:

_Resolved_, That women having interests to be promoted and rights

to be protected, and having ability for the discharge of

political duties, should have the right to vote and to be voted

for, as is accorded to man.

In the early history of Massachusetts, when the new colony was

governed by laws set down in the Province charter (1691, third year

of William and Mary) women were not excluded from voting. The

clause in the charter relating to this matter says:

The great and general court shall consist of the governor and

council (or assistants for the time being) and of such

freeholders as shall be from time to time elected or deputed by

the major part of the freeholders and other inhabitants of the

respective towns or places, who shall be present at such

elections.

In the original constitution (1780) women were excluded from voting

except for certain State officers.[131] In the constitutional

convention of 1820, the word "male" was first put into the

constitution of the State, in an amendment to define the

qualifications of voters. In this convention, a motion was made at

three different times, during the passage of the act, to strike out

the intruding word, but the motion was voted down. Long before the

second attempt was made to revise the constitution of the State,

large numbers of women began to demand suffrage. Woman's sphere of

operations and enterprise had become so widened, that they felt

they had not only the right, but also an increasing fitness for

civil life and government, of which the ballot is but the sign and

the symbol.

In the constitutional convention of 1853, twelve petitions were

presented, from over 2,000 adult persons, asking for the

recognition of woman's right to the ballot, in the proposed

amendments to the constitution of the State. The committee reported

leave to withdraw, giving as their reason that the "consent of the

governed" was shown by the small number of petitioners. Hearings

before this committee were granted.[132] The chairman of this

committee, in presenting the report, moved that all debate on the

subject should cease in thirty minutes, and on motion of Benjamin

F. Butler of Lowell, the whole report, excepting the last clause,

was stricken out. There was then left of the whole document

(including more than two closely-printed pages of reasoning) only

this: "It is inexpedient for this convention to take any action."

Legislative action on the woman's rights question began in 1849,

when William Lloyd Garrison presented the first petition on the

subject to the State legislature. Following him was one from

Jonathan Drake and others, "for a peaceable secession of

Massachusetts from the Union." Both these petitions were probably

considered by the legislature to which they were addressed as of

equally incendiary character, since they both had "leave to

withdraw." In 1851 an order was introduced asking "whether any

legislation was necessary concerning the wills of married women?"

In 1853 a bill was enacted "to exempt certain property of widows

and unmarried women from taxation." In the legislature of 1856 the

first great and important act relating to the property rights of

women was passed. It was to the effect that women could hold all

property earned or acquired independently of their husbands. This

act was amended and improved the next session.

In 1857 a hearing was held before the Committee on the Judiciary to

listen to arguments in favor of the petition of Lucy Stone and

others for equal property rights for women and for the "right of

suffrage." Another hearing was held in the same place in February,

1858, before the Joint Special Committee on the Qualifications of

Voters. A second hearing on the right of suffrage for women was

held the following week before the same committee. Thomas W.

Higginson made an address and Caroline Kealey Dall read an essay.

In 1858, Stephen A. Chase of Salem, from the same Committee on the

Qualifications of Voters, made a long report on the petitions. This

report closed with an order that the State Board of Education make

inquiry and report to the next legislature "whether it is not

practicable and expedient to provide by law some method by which

the women of this State may have a more active part in the control

and management of the schools." There is nothing in legislative

records to show that the State Board of Education reported

favorably; but from the above statement it appears that ten years

before Samuel E. Sewall's petition on the subject, a movement was

made towards making women "eligible to serve as members of

school-committees."

The petitions for woman's rights were usually circulated by women

going from house to house. They did the drudgery, endured the

hardships and suffered the humiliations attendant upon the early

history of our cause; but their names are forgotten, and others

reap the benefit of their labors. These women were so modest and so

anxious for the success of their petitions, that they never put

their own names at the head of the list, preferring the signature

of some leading man, so that others seeing his name, might be

induced to follow his example. Among the earliest of these silent

workers was Mary Upton Ferrin. Her petitions were for a change in

the laws concerning the property rights of married women, and for

the political and legal rights of all women. In 1849 she prepared a

memorial to the Massachusetts legislature in which are embodied

many of the demands for woman's equality before the law, which have

so often been made to that body since that time.[133]

In 1861 the legislature debated a bill to allow a widow, "if she

have woodland as a part of her dower, the privilege of cutting wood

enough for one fire." This bill failed, and the widow, by law, was

_not_ allowed to keep herself warm with fuel from her own wood-lot.

In 1863 a bill providing that "a wife may be allowed to be a

witness and proceed against her husband for desertion," was

reported inexpedient, and a bill was passed to _prevent_ women from

forming copartnerships in business. In 1865, Gov. John A. Andrew,

seeing the magnitude of the approaching woman question, in his

annual message to the legislature, made a memorable suggestion:

I know of no more useful object to which the commonwealth can

lend its aid, than that of a movement, adopted in a practical

way, to open the door of emigration to young women who are wanted

for teachers and for every appropriate, as well as domestic,

employment in the remote West, but who are leading anxious and

aimless lives in New England.

By the "anxious and aimless" it was supposed the governor meant the

widowed, single or otherwise unrepresented portion of the citizens

of the State. No action was taken by the legislature on this

portion of the governor's message. But a member of the Senate

actually made the following proposition before that body:

That the "anxious and aimless women" of the State should assemble

on the Common on a certain day of the year (to be hereafter

named), and that Western men who wanted wives, should be invited

to come here and select them.

Legislators who make such propositions, do not foresee that the

time may come, when perhaps those nearest and dearest to them, may

be classed among the superfluous or "anxious and aimless" women!

In 1865 bills allowing married women to testify in suits at law

where their husbands are parties, and permitting them to hold trust

estates were rejected. It will be seen that though all this

legislation was adverse to woman's interest, the question had

forced itself upon the attention of the members of both House and

Senate. In 1866 a joint committee of both houses was appointed to

consider:

If any additional legislation can be adopted, whereby the means

of obtaining a livelihood by the women of this commonwealth may

be increased and a more equal and just compensation be allowed

for their labor.

In 1867, Francis W. Bird presented the petition of Mehitable

Haskell of Gloucester for "an amendment to the constitution

extending suffrage to women." In 1868 Mr. King of Boston presented

the same petition, and it was at this time, and in answer thereto,

that the subject first entered into the regular orders of the day,

and became a part of the official business of the House of

Representatives. Attempts to legislate on the property question

were continued in 1868, in bills "to further protect the property

of married women," "to allow married women to contract for

necessaries," and if "divorced from bed and board, to allow them to

dispose of their own property." These bills were all defeated.

Annual legislative hearings on woman suffrage began in 1869. These

were first secured through the efforts of the executive committee

of the New England Woman Suffrage Association. Eight thousand women

had petitioned the legislature that suffrage might be allowed them

on the same terms as men, and in answer, two hearings were held in

the green room at the State House.[134] In 1870 a joint special

committee on woman suffrage was formed, and since that time there

have been one or more annual hearings on the question. To what

extent legislative sentiment has been created will be shown later

in the improvement of many laws with regard to the legal status of

woman.

William Claflin was the first governor of Massachusetts to present

officially to the voters of the commonwealth the subject of woman's

rights as a citizen. In his address to the legislature of 1871, he

strongly recommended a change in the laws regarding suffrage and

the property rights of woman. His attitude toward this reform made

an era in the history of the executive department of the State.

Since that time nearly every governor of the State has, in

his annual message, recommended the subject to respectful

consideration. In 1879 Governor Thomas Talbot proposed a

constitutional amendment which should secure the ballot to women on

the same terms as to men. In response to this portion of the

governor's message, and to the ninety-eight petitions presented on

the subject, a general suffrage bill passed the Senate by a

two-thirds majority, and an act to "give women the right to vote

for members of school committees," passed both branches of the

legislature and became a law of the State.[135] Governor John D.

Long, in his inaugural address before the legislature of 1880,

expressed his opinion in favor of woman suffrage perhaps more

decidedly than any who had preceded him in that high official

position. He said:

I repeat my conviction of the right of woman suffrage. If the

commonwealth is not ready to give it in full by a constitutional

amendment, I approve of testing it in municipal elections.

The law allowing women to vote for school committees is one of the

last results of the legislative agitations, though it is true that

the petition, the answer to which was the passage of this act, did

not emanate from any suffrage association. It was the outcome of a

conference on the subject, held in the parlors of the New England

Women's Club.[136]

But the petitions of the suffragists had always been for general

and unrestricted suffrage, and they opposed any scheme for securing

the ballot on a class or a restricted basis, holding that the true

ground of principle is equality of rights with man. The practical

result, so far, of voting for school committees has justified this

position; for, as shown by the recent elections, the women of the

State have not availed themselves to any extent of their new right

to vote, and, therefore, the measure has not forwarded the cause of

general suffrage. In fact, the school-committee question is not a

vital one with either male or female voters, and it is impossible

to get up any enthusiasm on the subject. As a test question upon

which to try the desire of the women of the State to become voters,

it is a palpable sham. Our Revolutionary fathers would not have

fought, bled and died for such a figment of a right as this; and

their daughters, or grand-daughters, inherit the same spirit, and

if they vote at all, want something worth voting for. The result

is, that the voting has been largely done by those women who have

long been in favor of suffrage, and who have gone to the polls on

election day from pure principle and a sense of duty.[137]

The law allowing women to vote for school committees was very

elastic and capable of many interpretations. It reminded one of the

old school exercise in transposing the famous line in Gray's Elegy,

"The ploughman homeward plods his weary way,"

which has been found to be capable of over twenty different

transpositions. The collectors and registrars in some towns and

cities took advantage of this obscurity of expression, and

interpreted the law according to their individual opinion on the

woman suffrage question. In places where these officials were in

sympathy, a broad construction was put upon the provisions of the

law, the poll-tax payers were allowed to vote upon the payment of

one dollar (under the divided tax law of 1879), and the women

voters generally were given all necessary information, and treated

courteously both by the assessors and registrars and at the polls.

In places where leading officials were opposed to women's voting,

the case was far different. Without regarding the clause in the law

which said that a woman may vote upon paying either State or county

poll-tax, such officials have threatened the women with arrest when

they refused to pay both. In some towns they have been treated with

great indignity, as if they were doing an unlawful act. In one town

the women were actually required to pay a poll-tax the second year,

in spite of the clause in the law that a female citizen who has

paid a State or county tax within two years shall have the right to

vote. The town assessor, whose duty it was to inform the women on

this point of the law when asked concerning the matter, _willfully_

withheld the desired information, saying he "did not know," though

he afterwards said that he _did_ know, but intended to let the

women "find out for themselves." This assessor forgot that the

women, as legal voters, had a right to ask for this information,

and that by virtue of his official position he was legally obliged

to answer. In another town two ladies who were property tax-payers

were made to pay the two dollars poll-tax, and the record of this

still stands on the town books. Some ladies were frightened and

paid the tax under protest; others ran the risk. Here is a letter

addressed to a lady 83 years of age:

MALDEN, Dec. 2, 1879.

HARRIET HANSON: There is a balance of ninety cents due on your

poll-tax of 1879, duly assessed upon you. Payment of the same is

hereby demanded, and if not paid within fourteen days from this

date, with twenty cents for the summons, the collector is

required to proceed forthwith to collect the same in manner

provided by law.

THEODORE N. FOGUE, _Collector_.

Mrs. Hanson paid no attention to the summons, and that was the end

of it.

In 1881, under the amended act the poll-tax was reduced to fifty

cents, and the property tax-paying women (who are not required to

pay a poll-tax) are no longer obliged to make a return of property

exempt from taxation, as was required under the original statute.

Though some of the disabilities were removed, yet the privileges

are no greater; and it is for members of school-committees and for

nothing else, that the women of this State can vote. This is hardly

worthy to be called "school suffrage"! It is to be regretted that a

better test than that of school-committee suffrage, could not have

been given to the women of the State, so that the issue of what

under the circumstances cannot be called a fair trial of their

desire to vote, might be more nearly what the friends of reform had

desired.

The first petition to the Massachusetts legislature, asking that

women might be allowed to serve on school-boards was presented in

1866 by Samuel E. Sewall of Boston. The same petition was again

presented in 1867. About this time Ashfield and Monroe, two of the

smallest towns in the State, elected women as members of the school

committee. Worcester and Lynn soon followed the good example, and

in 1874, Boston, for the first time, chose six women to serve in

this capacity.[138] There had hitherto been no open objection to

this innovation, but the school committee of Boston not liking the

idea of women co-workers, declared them ineligible to hold such

office. Miss Peabody applied to the Supreme Court for its opinion

upon the matter, but the judges refused to answer, and dismissed

the petition on the ground that the school committee itself had

power to decide the question of the qualifications of members of

the board. The subject was brought before the legislature of the

same year, and that body, almost unanimously, passed "An Act to

Declare Women Eligible to Serve as Members of School Committees."

Thus the women members were reinstated.[139]

This refusal on the part of the Supreme Judicial Court of

Massachusetts to answer a question relating to woman's rights under

the law, was received with a knowing smile by those who remembered

the three adverse decisions relating to women which had been given

by that august body. The first of these was on the case of Sarah E.

Wall of Worcester. The second was concerning a clause in the will

of Francis Jackson of Boston, who left $5,000 and other property to

the woman's rights cause. Its third adverse decision was given in

1871. In that year, Julia Ward Howe and Mary E. Stevens were

appointed by Governor Claflin as justices of the peace. Some member

of the governor's council having doubted whether women could

legally hold the office, the opinion of the Supreme Court was asked

and it decided substantially that because women were women, or

because women were not _men_, they could _not_ be justices of the

peace; and the appointment was not confirmed.

Changes in the common law began in 1845 with reference to the

wife's right to hold her own property. In 1846 she could legally

sign a receipt for money earned or deposited by herself.[140]

Before 1855 a woman could not hold her own property, either earned

or acquired by inheritance. If unmarried, she was obliged to place

it in the hands of a trustee, to whose will she was subject. If she

contemplated marriage, and desired to call her property her own,

she was forced by law to make a contract with her intended husband,

by which she gave up all title or claim to it. A woman, either

married or unmarried, could hold no office of trust or power. She

was not a person. She was not recognized as a citizen. She was not

a factor in the human family. She was not a unit; but a zero, a

nothing, in the sum of civilization.

To-day, a married woman can hold her own property, if it is held or

bought in her own name, and can make a will disposing of it. A man

is no longer the sole heir of his wife's property. A married woman

can make contracts, enter into co-partnerships, carry on business,

invest her own earnings for her own use and behoof,--and she is

also responsible for her own debts. She can be executor,

administrator, guardian or trustee. She can testify in the courts

for or against her husband. She can release, transfer, or convey,

any interest she may have in real estate, subject only to the life

interest which the husband may have at her death. Thirty years ago,

when the woman's rights movement began, the status of a married

woman was little better than that of a domestic servant. By the

English common law, her husband was her lord and master. He had the

sole custody of her person, and of her minor children. He could

"punish her with a stick no bigger than his thumb," and she could

not complain against him.[141] But the real "thumb" story seems to

have originated with a certain Judge Buller of England, who lived

about one hundred years ago. In his ruling on one of those cases of

wife-beating, now so common in our police courts, he said that a

man had a right to punish his wife, "with a stick no bigger than

his thumb." That was his opinion. Shortly after this some ladies

sent the judge a letter in which they prayed him to give the size

of his thumb! We are not told whether he complied with their

request.]

The common law of this State held man and wife to be one person,

but that person was the husband. He could by will deprive her of

every part of his property, and also of what had been her own

before marriage. He was the owner of all her real estate and of her

earnings. The wife could make no contract and no will, nor, without

her husband's consent, dispose of the legal interest of her real

estate. He had the income of her real estate till she died, and if

they ever had a living child his ownership of the real estate

continued to his death. He could forbid her to buy a loaf of bread

or a pound of sugar, or contract for a load of wood to keep the

family warm. She did not own a rag of her own clothing. She had no

personal rights, and could hardly call her soul her own.

Her husband could steal her children, rob her of her clothing, and

her earnings, neglect to support the family; and she had no legal

redress. If a wife earned money by her labor, the husband could

claim the pay as his share of the proceeds. There is a clause

sometimes found in old wills, to the effect that if a widow marry

again, she shall forfeit all right to her husband's property. The

most conservative judge in the commonwealth would now rule that a

widow cannot be kept from her fair share of the property, by any

such unjust restriction. In a husband's eyes of a hundred and fifty

years ago, a woman's mission was accomplished after she had been

_his_ wife and borne _his_ children. What more could be desired of

her, he argued, but a corner somewhere in which, respectably

dressed as his _relict_, she could sit down and mourn for him, for

the rest of her life.[142]

The law no longer sanctions such a will, but provides that the

widow shall have a fair share of all personal property. If a widow

permits herself to-day to be defrauded of her legal rights in the

division of property, it is her own fault, and because she does not

study and understand for herself the general statutes of

Massachusetts, and the laws concerning the rights of married women.

The result of thirty years of property legislation for women is

well stated by Mr. Sewall in his admirable pamphlet, in which he

says, "the last thirty years have done more to improve the law for

married women than the four hundred preceding." The legislature

has, during this time, enacted laws allowing women to vote in

parishes and religious societies, declaring that women _must_

become members of the board of trustees of the three State primary

and reform schools, of the State workhouse, of the State almshouse

at Tewksbury, and of the board of prison commissioners; also, that

certain officers and managers of the reformatory prison for women

at Sherborn "shall be women." Without legislation, women now are

school supervisors, overseers of the poor, trustees of public

libraries and members of the State Board of Education and of the

State Board of Health, Lunacy and Charity.[143]

These great changes in legislation for the women of Massachusetts

are the result of their own labors. By conventions and documents

they have informed the people and enlightened public sentiment. By

continued agitation the question has been kept prominently before

their representatives in the legislature. And, though so much has

been gained, they are still hard at work, nor will they rest until,

woman's equality with man before the law is firmly established.

Among the most important acts passed recently is one of 1879, by

which a married woman is the owner of her own clothing to the value

of $2,000, although the act granting this calls such apparel the

"gifts of her husband," not recognizing the fact that most married

women earn or help to earn their own clothes. A law was passed, in

1881, to "mitigate the evils of divorce." Two important acts were

passed by the legislature of 1882, one allowing women to become

practising attorneys, and the other providing, that in case of the

death of a married woman intestate and leaving children, one-half

only of her personal estate shall go to her husband, instead of the

whole, as in previous years. In 1883, a wife was given the right of

burial in any lot or tomb belonging to her husband. In 1884, the

only measures were a bill providing for the appointment of women on

the board of State lunatic hospitals, and another providing for the

appointment of women assistant physicians in the same hospitals,

and an act giving women the power to dispose of their separate

estates by will or deed. In 1885, very little was done to improve

the legal status of women.

When any vote on the Suffrage bill is taken, it is enough to make

the women who sit in the gallery weep to hear the "O's" and the

"Mc's," almost to a man, thunder forth the emphatic "_No!_"; and to

think that these men (some of whom a few years ago were walking

over their native bogs, with hardly the right to live and breathe)

should vote away so thoughtlessly the rights of the women of the

country in which they have found a shelter and a home. When they

came to this country, poor, and with no inheritance but the

"shillalah," the ballot was freely given to them, as the poor man's

weapon for defence. Why cannot men, who have been political serfs

in their own country, see the incongruity of voting against the

enfranchisement of over one-half of the inhabitants of the State

which has made free human beings of them? It is not long since one

of these adopted citizens, in a discussion, said:

When the women show that they want to vote, I am willing to give

them all the rights they want.

Give! I thought. Where did you get the right to _give_

Massachusetts women the right to vote? You did not inherit it. In

what consists your prerogative over the women whose ancestors

fought to secure the very right of suffrage of which you so glibly

talk, and which neither you, nor your father before you, did aught

to establish or maintain?

The improvement in the social or general condition of woman has

been even greater than that in legislation. Previous to 1840, women

were employed only as teachers of summer schools, to "spell the

men" during the haying season; and this only occasionally. They

held no responsible position in any public school in the State.

To-day there are eight women to one man employed in all grades of

this profession, and there are numerous instances where women are

head-teachers of departments, or principals of high, normal and

grammar schools. Previous to 1825, girls could attend only the

primary schools of Boston. Through the influence of Rev. John

Pierpont, the first high-school for girls was opened in that city.

There was a great outcry against this innovation; and, because of

the excitement on the subject, and the _great number of girls_ who

applied for admission, the scheme was abandoned. The public-school

system, as it is now called, was established in Boston in 1789;

boys were admitted the whole year round; girls, from April to

October. This inequality in the opportunities for education roused

John Pierpont's indignation, and moved him to make strenuous

efforts to secure justice for girls. Now there are 6,246 schools,

seventy-two academies, six normal schools, two colleges, Boston

University and the "Harvard Annex" all open to girls. In the town

of Plymouth, where the Pilgrim fathers and mothers first landed,

when the question whether girls should receive any public

instruction first came up in town-meeting, there was great

opposition to it. However, the majority showed a liberal spirit,

and voted to give the girls one hour of instruction daily. This

was in 1793. In 1853 a normal school for girls was established in

Boston; in 1855 its name was changed to the Girls' High and Normal

School. In 1878 the Girls' Latin School in Boston was founded. The

establishment of this successful institution was the result of

discussions on the subject first brought before the public by

ladies of Boston. High schools in almost all the towns and cities

of the State have long been established, in which the boys and

girls are educated together. In 1880 the pupils in the high and

normal schools of Boston were about 2,000 girls to 1,000 boys. In

1867 the Lowell Institute and the Massachusetts Institute of

Technology advertised classes free to both sexes in French,

mathematics and in practical science.[144] Since that time Chauncy

Hall School and Boston University have been opened to women, with

the equal privileges of male students. It might be explained here

that the "Harvard Annex," or "Private Collegiate Instruction for

Women," is not an organic part of the University itself. Under a

certain arrangement, a limited number of young women are allowed a

few of the privileges of the young men. They are also permitted to

use all the books belonging to the library and to attend many of

the lectures. No college-building is appropriated for this purpose,

but recitation-rooms are provided in private houses. A witty

Cambridge lady called this mythical college the "Harvard Annex";

the public adopted the name, and many people suppose that there is

such a building. From the last annual report of the "Private

Collegiate Instruction for Women," it appears that in 1885

sixty-five women availed themselves of the privilege of attending

this course of instruction.[145] Three-fourths of this number are

Massachusetts girls. Some of the professors say that the average of

scholarship there is higher than in the University. Fifty courses

of studies are open to women students. Miss Brown of Concord, a

graduate of 1884, astonished the faculty by her high per cent. in

the classics. Her average was higher than that reached by any young

man. These students go unattended to the lectures and to the

library of the college. A great change indeed, since the time when

women began to attend the Lowell Institute lectures! Then it was

thought almost disgraceful to go to a public meeting without male

protection, and they went with veiled faces, as if ashamed to be

seen of men. The "Annex" has some advantages, but they cannot

compare with Girton and Newnham of Cambridge, England.

The treasurer of the "Harvard Annex" declares the great need that

exists for funds to provide a suitable building, etc., for the

numerous women who continue to apply there for admission; and he

appeals to the generosity of the public for contributions of money

to be used for this purpose. The casual observer might suggest that

those women who will hereafter become the benefactors of this

university should remember the needs of their own sex, and leave

their donations or bequests so that they can be used for the

benefit of the "Harvard Annex," which is a wholly private

enterprise, conducted by the University instructors and supervised

by a committee of ladies.

Colleges for women have also been founded. Wellesley and Smith have

long been doing good university work. Thirty years ago there was no

college in the country, except Oberlin, to which women were

admitted. To-day, even conservative Harvard begins to melt a little

under this regenerating influence, and invites women, through the

doors of its "Annex," to come and enjoy some of the privileges

found within its sacred halls of learning. This was a late act of

grace from a college whose inception was in the mind of a

woman[146] longing for a better opportunity than the new colony

could give to educate her afterward ungrateful son.

The number of young men educated by the individual efforts of women

cannot be estimated. T. W. Higginson, in the _Woman's Journal_,

says:

The late President Walker once told me that, in his judgment,

one-quarter of the young men in Harvard College were being

carried through by the special self-denial and sacrifices of

women. I cannot answer for the ratio, but I can testify to having

been an instance of this, myself; and to having known a

never-ending series of such cases of self-devotion.

Some of these men, educated by the labor and self-sacrifice of

others, look down upon the social position in which their women

friends are still forced to remain. The result to the recipient has

often been of doubtful value, so far as the development of the

affections is concerned. Sometimes the great obligation has been

forgotten. Only in rare instances, to either party did the

life-long sacrifice on the part of the women of the family become

of permanent and spiritual value!

The average woman of forty years ago was very humble in her notions

of the sphere of woman. What if she did hunger and thirst after

knowledge? She could do nothing with it, even if she could get it.

So she made a _fetich_ of some male relative, and gave him the

mental food for which she herself was starving, and devoted all her

energies towards helping him to become what she felt, under better

conditions, she herself might have been. It was enough in those

early days to be the _mother_ or _sister_ of somebody. Women were

almost as abject in this particular as the Thracian woman of old,

who said:

"I am not of the noble Grecian race,

I'm poor Abrotonon, and born in Thrace;

Let the Greek women scorn me, if they please,

I was the mother of Themistocles."

There are women still left who believe their husbands, sons, or

male friends can study, read and _vote_ for them. They are like

some frugal house-mothers, who think their is no need of a dinner

if the good-man of the family is not coming home to share it. Just

as if the man-half of the human family can "eat, learn and inwardly

digest," to make either physical or mental strength for the other

half!

Maria Mitchell of Massachusetts became Professor of Astronomy and

Mathematics at Vassar, in 1866, the first woman in the country to

hold such a position. Since that time women have become members of

the faculty in several of the large colleges in the country.

In the early days of the commonwealth women practiced midwifery,

and were very successful. Mrs. John Eliot, Anne Hutchinson, Mrs.

Fuller and Sarah Alcock were the first in the State. Janet

Alexander, a Scotchwoman, was a well-trained midwife.[147] She

lived in Boston, and was always recognized as a good practitioner

in her line by the leading doctors in that city. Dr. John C. Warren

of Boston invited this lady to come to this country. His biography,

recently published, contains a short record of the matter, in which

he says: "We determined to recommend Mrs. Alexander. She was a

Scotchwoman, regularly educated, and having Dr. Hamilton's

diploma." Quite a storm was raised among the younger physicians of

Boston by this attempted innovation, because they thought Dr.

Warren was trying to deprive them of profitable practice. But Mrs.

Alexander, supported by Dr. Warren, and perhaps other physicians,

continued her occupation and educated her daughter in the same

profession. Dr. Harriot K. Hunt practiced in Boston as early as

1835. She sought admission to the Harvard Medical School, and was

many times refused. She was not what is called a "regular

physician." In her day there existed no schools or colleges for the

medical education of women, but she studied by herself, and

acquired some knowledge of diseases peculiar to women. Her success

was so great in her line of practice that she proved the need

existing for physicians of her own sex.

Dr. Hunt's tussle with the medical faculty will long be remembered.

She was the first woman in the State who dared assert her right to

recognition in this profession. For this, and for her persistent

efforts to secure for them a higher education, she deserves the

gratitude of every woman who has since followed her footsteps into

a profession over which the men had long held undisputed control.

In 1853 the degree of M. D. was conferred on her by the Woman's

Medical College of Pennsylvania. The first medical college for

women, organized by Dr. Samuel Gregory of Boston, was chartered in

1856, under the name of the New England Female Medical College, and

in 1874, by an act of the legislature, united with the Boston

University School of Medicine. In 1868 it had graduated seventy-two

women, among whom were Dr. Lucy E. Sewall and Dr. Helen Morton (who

afterwards went to Paris and studied obstetrics at Madame Aillot's

Hospital of Maternity) and Dr. Mercy B. Jackson.[148] There are now

205 regular practitioners in the State.

In 1863, Dr. Zakrzewska, in cooeperation with Lucy Goddard and Ednah

D. Cheney, established the New England Hospital for Women and

Children. Its avowed objects were: (1) to provide women the medical

aid of competent physicians of their own sex; (2) to assist

educated women in the practical study of medicine; (3) to train

nurses for the care of the sick. This was the first hospital in New

England over which women have had entire control, both as

physicians and surgeons. Boston University is open to both sexes,

with equal studies, duties and privileges. This institution was

incorporated in 1869, and includes, among other schools and

colleges, schools of theology, law and medicine. The faculty

consists of many distinguished men and women. Boston University

School of Medicine (homeopathic) was organized in 1873. Of the

thirty-two lecturers and professors who constitute the faculty,

five are women. In 1884 the three highest of the four prizes for

the best medical thesis were won by women. Of the 610 pupils in

1884, 155 were women; sixty of these were in the school of

medicine. There are women in all departments, except agriculture

and theology. They do not study theology because they cannot be

ordained to preach in any of the leading churches.

The Massachusetts Medical Society in 1884, on motion of Dr. Henry

I. Bowditch, voted to admit women to membership. Dr. Emma L. Call

and Dr. Harriet L. Harrington were the first two women admitted.

January 11, 1882, at the monthly meeting of Harvard overseers, the

question of admitting women to the Medical School came before the

board. An individual desiring to contribute a fund for the medical

education of women in Harvard University asked the president and

fellows whether such a fund would be accepted and used as designed.

Majority and minority reports were submitted by the committee in

charge, and after a long discussion it was voted, 11 to 6, to

accept the fund, the income to be ultimately used for the medical

education of women. At the April meeting, the Committee on the

Medical Education of Women presented a report, which was adopted by

a vote of 13 to 12:

That, in the opinion of the board, it is not advisable for the

University to hold out any encouragement that it will undertake

the medical education of women.

The Harvard Divinity School at Cambridge sometimes admits women,

but does not recognize them publicly, nor grant them degrees; but

there are other theological schools in the State where a complete

preparation for the ministerial profession can be obtained. The

attitude of the churches toward women has changed greatly within

thirty years. As early as 1869, women began to serve on committees,

and to be ordained deaconesses of churches. They also hold

important offices connected with the different church

organizations. They serve on the boards of State and national

religious associations. There are also missionary associations,

both home and foreign, and Christian unions, all officered and

managed exclusively by women. Even the treasurers of these large

bodies are women, and their husbands or trustees are no longer

required to give bonds for them.[149] At the general conference of

the Methodist Episcopal Church, the word "male" was stricken from

the discipline, and the word "person" inserted in its place, in all

cases save those that concerned the ordination of clergy.

Olympia Brown was the first woman settled as pastor in the State.

Her parish was at Weymouth Landing. In 1864 she petitioned the

Massachusetts legislature "that marriages performed by a woman

should be made legal." The Committee on the Judiciary, to whom the

matter was referred, reported that no legislation was necessary, as

marriages solemnized by women were already legal.[150] Thus the

legislature of the State established the precedent, that "he" meant

"she" under the law, in one instance at least. Phebe Hanaford, Mary

H. Graves and Lorenza Haynes were the first Massachusetts women to

be ordained preachers of the gospel. Rev. Lorenza Haynes has been

chaplain of the Maine House of Representatives.

The three best-known women sculptors in this country were born and

bred in Massachusetts. They are Harriet Hosmer, Margaret Foley and

Anne Whitney. Harriet Hosmer was the first to free herself from the

traditions of her sex and follow her profession as a sculptor. When

she desired to fit herself for her vocation there was no art school

east of the Mississippi river where she could study anatomy, or

find suitable models. Margaret Foley, who, amid the hum of the

machinery of the Lowell cotton mills, first conceived the idea of

chiseling her thought on the surface of a "smooth-lipped shell,"

was obliged to go to Rome in order to get the necessary instruction

in cameo-cutting. There her genius developed so much that she began

to model in clay, and soon became a successful sculptor in marble.

Lucy Larcom, in her "Idyl of Work," says of Miss Foley:

"That broad-browed delicate girl will carve at Rome

Faces in marble, classic as her own."

One of her finest creations is "The Fountain," first exhibited in

Horticultural Hall at the Centennial Exposition in Philadelphia,

1876. A free art-school was opened to women in Boston in 1867, and

Anne Whitney was not obliged to go to Rome for instruction in the

appliances of her art. Harriet Hosmer and Margaret Foley have both

made statues which adorn the public buildings and parks of their

native country; and Anne Whitney's statues of Samuel Adams and

Harriet Martineau are the crowning works of her genius.

No great work has yet been done by Massachusetts women in oil

painting; but in water colors, and in decorative art, many have

excelled, first prizes in superiority of design having been taken

by them over their masculine competitors. Lizzie B. Humphrey,

Jessie Curtis, Sarah W. Whitman and Fidelia Bridges, take high rank

as artists. Helen M. Knowlton, a pupil of William M. Hunt, is a

skillful artist in charcoal and has produced some fine pictures.

Women form a large proportion of the students in the school of

design recently opened in Boston. A great deal of the ornamental

painting now so fashionable on cards and all fancy articles is done

by the deft fingers of women. The census of 1880 reports 268

artists and 1,270 musicians and teachers of music.

Of woman as actress and public singer, it is unnecessary to speak,

since she has the right of way in both these professions. Here,

fortunately, the supply does not exceed the demand; consequently

she has her full share of rights, and what is better, equitable pay

for her labor. In 1880 there were 111 actresses. Charlotte Cushman,

Clara Louise Kellogg and Annie Louise Cary were born in

Massachusetts.

The drama speaks too feebly on the right side of the woman

question. No successful modern dramatist has made this "humour" of

the times the subject of his play. An effort was made in 1879, by

the executive committee of the New England Association, to secure a

woman suffrage play: but it was not successful, and there is yet to

be written a counteractive to that popular burlesque, "The Spirit

of '76." It is to be regretted that the stage still continues to

ridicule the woman's rights movement and its leaders; for, as

Hamlet says:

"The play's the thing,

Wherein I'll catch the conscience of the king."

In 1650, when Anne Bradstreet lived and wrote her verses, a woman

author was almost unknown in English literature. This lady was the

wife of the governor of Massachusetts, and because of her literary

tendencies was looked upon by the people of her time as a marvel of

womankind. Her contemporaries called her the "tenth muse lately

sprung up in America," and one of them, Rev. Nathaniel Ward, was

inspired to write an address to her, in which he declares his

wonder at her success as a poet, and playfully foretells the

consequences if women are permitted to intrude farther into the

domain of man. The closing lines express so well the conflicting

emotions which torment the minds of the opponents of the woman

suffrage movement, that I venture to quote them:

"Good sooth," quoth the old Don, "tell ye me so?

I muse whither at length these Girls will go.

It half revives my chil, frost-bitten blood

To see a woman once do aught that's good.

And, chode by Chaucer's Boots and Homer's Furrs,

Let men look to't least Women wear the Spurrs."

In 1818, Hannah Mather Crocker, grand-daughter of Cotton Mather,

published a book, called "Observations on the Rights of Women." In

speaking of Mary Wollstonecraft, Mrs. Crocker says, that while that

celebrated woman had a very independent mind, and her "Rights of

Woman" is replete with fine sentiments, yet, she continues,

patronizingly, "we do not coincide with her respecting the total

independence of the sex." Mrs. Crocker evidently wanted her sex to

be not too independent, but just independent enough.[151]

In 1841, when Lydia Maria Child edited the _Anti-Slavery Standard_,

Margaret Fuller the _Dial_, and Harriot F. Curtis and Harriet

Farley the _Lowell Offering_, there were perhaps in New England no

other well-known women journalists or editors. Cornelia Walter of

the _Evening Transcript_ was the first woman journalist in Boston.

To-day, women are editors and publishers of newspapers all over the

United States; and the woman's column is a part of many leading

newspapers. Sallie Joy White was the first regular reporter in

Boston. She began on the _Boston Post_, a Democratic newspaper, in

1870. Her first work was to report the proceedings of a woman

suffrage meeting. She is now on the staff of the _Boston Daily

Advertiser_. Lilian Whiting is on the staff of the _Traveller_, and

most of the other Boston newspapers have women among their editors

and reporters. Some of the best magazine writing of the time is

done by women; one needs but to look over the table of contents of

the leading periodicals to see how large a proportion of the

articles is written by them. Really, the sex seems to have taken

possession of what Carlyle called the "fourth estate"--the literary

profession, and they journey into unexplored regions of thought to

give the omniverous modern reader something new to feed upon. The

census of 1880 reports 445 women as authors and literary persons.

The newspaper itself, that great engine "whose ambassadors are in

every quarter of the globe, whose couriers upon every road," has

slowly swung round, and is at last headed in the right direction.

Reporters for the daily press in Massachusetts no longer write in a

spirit of flippancy or contempt, and there is not an editor in the

State of any account who would permit a member of his staff to

report a woman's meeting in any other spirit than that of courtesy.

Teachers occupying high positions and presidents of colleges have

given pronounced opinions in favor of the reform. Said President

Hopkins of Williams College, in 1875:

I would at this point correct my teaching in "The Law of Love,"

to the effect that _home_ is peculiarly the sphere of woman, and

civil government that of man. I now regard the home as the joint

sphere of man _and_ woman, and the sphere of civil government

more of an open question between the two.

The New England Women's Club, parent[152] of the modern clubs and

associations for the advancement of women, has been one of the

factors in the woman's rights movement. Its members have, in their

work and in their lives, illustrated the doctrine of woman's

equality with man. It was formed in February, 1868.[153]

There has never been, from time immemorial, much difference of

opinion concerning woman's right to do a good share in the

_drudgery_ of the world. But in the remunerative employments,

before 1850, she was but sparsely represented. In 1840, when

Harriet Martineau visited this country, she found to her surprise

that there were only seven vocations, outside home, into which the

women of the United States had entered. These were "teaching,

needlework, keeping boarders, weaving, type-setting, and folding

and stitching in book-bindery." In contrast, it is only necessary

to mention that in Massachusetts alone, woman's ingenuity is now

employed in nearly 300 different branches of industry. It cannot be

added that for doing the same kind and amount of work women are

paid men's wages. The census does not include the services of the

mother and daughter among the _paid_ vocations, though, as is well

known, in many instances they do all the housework of the family.

They get no wages, and therefore do not appear among the

"useful classes." They are not earners, but savers of money. A

money-_saver_ is not a recognized factor, either in political

economy or in the State census. The mother, daughter or wife is put

down in its pages as "keeping house." If they were paid for their

services they would be called "housekeepers," and would have their

place among the paid employments.

Among the many rights woman has appropriated to herself must be

included the "patent right." The charge has often been made that

women never invent anything, but statistics on the subject declare

that in 1880 patents for their own inventions were issued to

eighty-seven different women in the United States. A fair

proportion of these were from Massachusetts.

This progress in the various departments encountered great

opposition from certain teachers and writers. Dr. Bushnell's

"Reform Against Nature," Dr. Fulton's talk both in and out of the

pulpit, served to show the weakness of that side of the question.

Frances Parkman, Dr. Holland, Dr. W. H. Hammond, Rev. Morgan Dix,

and even some women have added their so-called arguments in the

vain attempt to keep woman as they think "God made her."

Much the stronger writers and speakers have been found on the right

side of this question. The names of leading speakers, such as

William Lloyd Garrison, Wendell Phillips and Theodore Parker, have

already been mentioned. Perhaps the most suggestive articles in

favor of the reform were T. W. Higginson's "Ought Women to Learn

the Alphabet," published in the _Atlantic Monthly_ of February,

1859, and Samuel Bowles' "The Woman Question and Sex in Politics,"

published at a later date in the _Springfield Republican_.

"Warrington," in his letters to the same newspaper, from 1868 to

1876, never failed to present a good and favorable argument on some

phase of the woman question. Caroline Healey Dall's lectures before

1860, and her book "The College, the Market and the Court,"

published in 1868, were seed-grain sown in the field of this

reform. Samuel E. Sewall's able digest of the laws relating to the

legal condition of married women, and William I. Bowditch's

admirable pamphlets,[154] have done incalculable service.

Of women in the civil service, there are: 58 clerks, 266 employes

and 387 officials--total, 411. This includes postmasters and clerks

in bureaus. In 1880, General F. A. Walker, superintendent of the

census, instructed the supervisors of the several districts to

appoint women as enumerators when practicable. They were

accordingly so appointed in many parts of the United States.

Carroll D. Wright, supervisor of the district of Massachusetts was

in favor of General Walker's instructions, and out of the 903

enumerators appointed by him, thirty were women. This was an

exceedingly large proportion compared with the number appointed in

States where supervisors were not in favor of women enumerators.

Thanks to the efforts of Caroline Healey Dall, the American Social

Science Association, formed in 1865, put women on its board of

officers, as did the Boston Social Science Association, organized

the same year. These were the first large organizations in the

country to admit women on an absolute equality with men. The result

of this action vindicated at once and forever woman's fitness to

occupy positions of honor in associations that man had hitherto

claimed for himself alone. This has encouraged women to express

themselves in the presence of the wisest men, and enabled them to

present to the public the woman side of some great questions. Women

are officers as well as members of many societies originally

established exclusively for men. A national society for political

education, formed in 1880, of which women are members, has at least

one woman on its board of officers. What would have been thought

thirty years ago, if women had studied finance, banks and banking,

money, currency, sociology and political science?

The Summer School of Philosophy at Concord was founded in

1879.[155] A majority of the students are women, as was not the

case in the elder schools of philosophy, and they come from far and

near to spend a few weeks of their summer vacation in the enjoyment

of this halcyon season of rest. Day after day they sit patiently on

the aesthetic benches of the Hillside chapel and bask in the calm

light of mild philosophy. Its seed was sown forty years ago, in

what was called the Transcendental movement in New England. The

Concord school finds in Mr. Sanborn its executive spirit, without

which it could no more have come into existence at this time than

its first seed could have been planted forty years ago, without the

conceptive thought of Mr. Emerson, Mr. Alcott and Margaret Fuller.

Boston University long ago offered the advantages of its law-school

to women, but they do not much avail themselves of this privilege.

Lelia J. Robinson, in March, 1881, made her application for

admission to the bar. In presenting her claim before the court,

April 23, Mr. Charles R. Train admitted that it was a novel one;

but in a very effective manner he went on to state the cogent

reasons why a woman who had carefully prepared herself for the

profession of the law should be permitted to practice in the

courts. At the close, Chief-Justice Gray gave the opinion,

informally, that the laws, as they now exist, preclude woman from

being attorney-at-law; but he reserved the matter for the

consideration of the full bench. The Supreme Judicial Court

rendered an adverse decision. Petitions were then sent to the

legislature of 1882, and that body passed an act[156] declaring

that, "The provisions of law relating to the qualification and

admission to practice of attorneys-at-law shall apply to women."

The petition of Lelia Josephine Robinson to the Supreme Court was

as follows:

1. The best administration of justice may be most safely secured

by allowing the representation of all classes of the people in

courts of justice.

2. To allow women to practice at the bar as attorneys is only to

secure to the people the right to select their own counsel. It is

to give the women of Massachusetts the opportunity of consulting

members of their own sex for that advice and assistance which

none but authorized attorneys and counsellors are legally

qualified to give.

3. To exclude women from the bar would be to do an injustice to

the community, in preventing free and wholesome competition of

existing talent, and to do still greater injustice to those women

who are qualified for the profession, by shutting them out from

an honorable and remunerative means of gaining a livelihood.

4. To exclude women from the bar because there are certain

departments of the profession which are peculiarly ill-adapted to

their sex and nature, would be to assume arbitrarily that, with

entire lack of judgment or discretion, modesty or policy, they

would seek or accept such business; and to close to them those

avenues of the profession for which they are generally admitted

to be eminently well adapted, for such a reason, and upon such an

assumption, would be so grossly unjust that no argument can be

based on such an impossible contingency.

Your applicant, having faithfully and diligently pursued the

study of law for three years, being a graduate of the Boston

University Law School, and having complied with the other

requirements of the statute and the rules of court upon the

subject, respectfully prays that her petition for examination,

which was duly filed, may be favorably considered, and that it be

included in the general notice to the Board of Examiners of

Suffolk county. LELIA JOSEPHINE ROBINSON.

The opinion given by the Supreme Judicial Court, so far as it

relates to the main point at issue, is as follows:

The question presented by this petition and by the report on

which it has been reserved for our determination, is whether,

under the laws of the commonwealth, an unmarried woman is

entitled to be examined for admission as an attorney and

counsellor of this Court. This being the first application of the

kind in Massachusetts, the Court, desirous that it might be fully

argued, informed the executive committee of the Bar Association

of the city of Boston of the application, and has received

elaborate briefs from the petitioner in support of her petition

and from two gentlemen of the bar as _amici curiae_ in opposition

thereto. The statute under which the application is made is as

follows: "A citizen of this State, or an alien who has made the

primary declaration of his intention to become a citizen of the

United States, and who is an inhabitant of this State, at the age

of twenty-one years and of good moral character, may, on the

recommendation of an attorney, petition the Supreme Judicial or

Superior Court to be examined for admission as an attorney,

whereupon the Court shall assign a time and place for the

examination, and if satisfied with his acquirements and

qualifications he shall be admitted." St. 1876, c. 107.

The word "citizen," when used in its most common and most

comprehensive sense, doubtless includes women; but a woman is

not, by virtue of her citizenship, vested by the Constitution of

the United States, or by the constitution of the commonwealth,

with any absolute right, independent of legislation, to take part

in the government, either as voter or as an officer, or to be

admitted to practice as an attorney. _Miuor vs. Happersett, 51

Wall. 162. Bradwell vs. Illinois, 16 Wall. 130._ The rule that

"words importing the masculine gender maybe applied to females,"

like all other general rules of construction of statutes, must

yield when such construction would be either "repugnant to the

context of the same statute," or "inconsistent with the manifest

intent of the legislature." Gen. Sts. c. 3, Sec. 7.

The only statute making any provisions concerning attorneys, that

mentions women, is the poor-debtor act, which, after enumerating

among the cases in which an arrest of the person may be made on

execution in an action of contract, that in which "the debtor is

attorney-at-law," who has unreasonably neglected to pay to his

client money collected, enacts, in the next section but one,

"that no woman shall be arrested on any civil process except for

tort." Gen. Sts. c. 124, Sec.Sec. 5, 7. If these provisions do not

imply that the legislature assumed that women should not be

attorneys, they certainly have no tendency to show that it

intended that they should. The word "citizen," in the statute

under which this application is made, is but a repetition of the

word originally adopted with a view of excluding aliens, before

the statute of 1852, c. 154, allowed those aliens to be admitted

to the bar who had made the preliminary declaration of intention

to become citizens. Rev. Sts., c. 88, Sec. 19. Gen. Sts., c. 121, Sec.

28.

The reenactment of the act relating to the admission of attorneys

in the same words without more so far as relates to the personal

qualifications of the applicant, since other statutes have

expressly modified the legal rights and capacity of women in

other important respects, tends rather to refute than to advance

the theory that the legislature intended that these words should

comprehend women. No inference of an intention of the legislature

to include women in the statutes concerning the admission of

attorneys can be drawn from the mere omission of the word "male."

The only statute to which we have referred, in which that word is

inserted, is the statute concerning the qualifications of voters

in town affairs, which, following the language of the article of

the constitution that defines the qualifications of voters for

governor, lieutenant-governor, senators and representatives,

speaks of "every male citizen of twenty-one years of age," etc.

Gen. Sts. c. 18, Sec. 19. Const. Mass. Amendments, art. 3. Words

which taken by themselves would be equally applicable to women

and to men are constantly used in the constitution and statutes,

in speaking of offices which it could not be contended, in the

present state of law, that women were capable of holding.

The Courts of the commonwealth have not assumed by their rules to

admit to the bar any class of persons not within the apparent

intent of the legislature as manifested in the statutes. The word

"persons," in the latest rule of Court upon the subject, was the

word used in the rule of 1810 and in the statutes of 1785 and

1836, at times when no one contemplated the possibility of a

woman's being admitted to practice as an attorney. 121 Mass. 600.

6. Mass. 382. St. 1785, c. 23. Rev. St. c. 18, 20. Gen. Sts. c.

121, Sec. 29. The United States Court of Claims, at December term,

1873, on full consideration, denied an application of a woman to

be admitted to practice as an attorney upon the ground "that

under the constitution and laws of the United States a Court is

without power to grant such an application, and that a woman is

without legal capacity to take the office of an attorney."

_Lockwood's Case, 9 Ct. of Claims, 346, 356._ At October terms

1876 of the Supreme Court of the United States, the same

petitioner applied to be admitted to practice as an attorney and

counsellor of that Court, and her application was denied.

The decision has not been officially reported, but upon the

record of the Court, of which we have an authentic copy, it is

thus stated: "Upon the presentation of this application, the

chief-justice said that notice of this application having been

previously brought to his attention, he had been instructed by

the Court to announce the following decision upon it: By the

uniform practice of the Court from its organization to the

present time, and by the fair construction of its rules, none but

men are permitted to practice before it as attorneys and

counsellors. This is in accordance with immemorial usages in

England, and the law and the practice in all the States until

within a recent period, and the Court does not feel called upon

to make a change until such change is required by statute or a

more extended practice in the highest Courts of the States." The

subsequent act of congress of February 15, 1879, enables only

those women to be admitted to practice before the Supreme Court

of the United States who have been for three years members of the

bar of the highest Court of a State or territory, or of the

Supreme Court of the District of Columbia.

The conclusion that women cannot be admitted to the bar under the

existing statutes of the commonwealth is in accordance with

judgments of the highest Courts of the States of Illinois and

Wisconsin. _Bradwell's Case, 55 Ill., 525. Goodell's Case, 39

Wis., 232._ The suggestion in the brief of the petitioner that

women have been admitted in other States can have no weight here,

in the absence of all evidence that (except under clear

affirmative words in a statute) they have ever been so admitted

upon deliberate consideration of the question involved, or by a

Court whose decisions are authoritative.

It is hardly necessary to add that our duty is limited to

declaring the law as it is, and that whether any change in that

law would be wise or expedient is a question for the legislative

and not for the judicial department of the government.

Petition dismissed. MARCUS MORTON, _Chief-Justice_,

[Signed:] CHARLES DEVENS, WILLIAM E. ENDICOTT,

WILLIAM ALLEN, OTIS P. LORD,

CHARLES ALLEN, WALBRIDGE A. FIELD.

The three preceding decisions of the Supreme Judicial Court of

Massachusetts against the rights of the women of the commonwealth

were as follows:

The first decision was in the case of Sarah E. Wall of Worcester,

who had refused to pay her taxes under the following protest:

Believing with the immortal Declaration of Independence that

taxation and representation are inseparable; believing that the

constitution of the State furnishes no authority for the taxation

of woman; believing also that the constitution of the higher law

of God, written on the human soul, requires us, if we would be

worthy the rich inheritance of the past and true to ourselves and

the future, to yield obedience to no statute that shall tend to

fetter its aspirations, I shall henceforth pay no taxes until the

word _male_ is stricken from the voting clauses of the

constitution of Massachusetts.

Worcester _Daily Spy_, October 5, 1858. SARAH E. WALL.

Miss Wall was prosecuted by the city collector, and she carried her

case before the Supreme Court, where she appeared for herself, W.

A. Williams appearing for the collector. In an account of this

matter in 1881, Miss Wall says: "Although it was in 1858 that my

resistance to taxation commenced, it was not until 1863 that the

contest terminated and the decision was rendered. I think the

Supreme Court would always find some way to evade a decision on

this question."

_Wheeler vs. Wall, 6 Allen, 558_: By the constitution of

Massachusetts, c. 1, Sec. 1, article 4, the legislature has power to

impose taxes upon all the inhabitants of and persons resident,

and estates lying within the said commonwealth. By the laws

passed by the legislature in pursuance of this power and

authority, the defendant is liable to taxation, although she is

not qualified to vote for the officers by whom the taxes were

assessed. The Court, acting under the constitution, and bound to

support it and maintain its provisions faithfully, cannot declare

null and void a statute which has been passed by the legislature,

in pursuance of an express authority conferred by the

constitution.--[Opinion by the chief-justice, George Tyler

Bigelow.

The second decision on the will of Francis Jackson is copied

_verbatim_ from _Allen's Reports_:

_Jackson vs. Phillips and others, 14 Allen, 539_: A bequest to

trustees, to be expended at their discretion, * * * * "to secure

the passage of laws granting whether women, married or unmarried,

the right to vote, to hold office, to hold, manage and devise

property, and all other civil rights enjoyed by men," is not a

charity.

_Bill in equity by the executor of the will of Francis Jackson of

Boston, for instructions as to the validity and effect of the

following bequests and devises:_

Art. 6th. "I give and bequeath to Wendell Phillips of said

Boston, Lucy Stone, formerly of Brookfield, Mass., now the wife

of Henry Blackwell of New York, and Susan B. Anthony of

Rochester, N. Y., their successors and assigns, $5,000, not for

their own use, but in trust, nevertheless, to be expended by them

without any responsibility to any one, at their discretion, in

such sums, at such times and in such places as they may deem fit,

to secure the passage of laws granting women, whether married or

unmarried, the right to vote, to hold office, to hold, manage and

devise property, and all other civil rights enjoyed by men; and

for the preparation and circulation of books, the delivery of

lectures, and such other means as they may judge best; and I

hereby constitute them a board of trustees for that intent and

purpose, with power to add two other persons to said board if

they deem it expedient. And I hereby appoint Wendell Phillips

president and treasurer, and Susan B. Anthony secretary of said

board. I direct the treasurer of said board not to loan any part

of said bequest, but to invest, and, if need be, sell and

reinvest the same in bank or railroad shares, at his discretion.

I further authorize and request said board of trustees, the

survivor and survivors of them, to fill any and all vacancies

that may occur from time to time by death or resignation of any

member or any officer of said board. One other bequest,

hereinafter made, will, sooner or later, revert to this board of

trustees. My desire is that they may become a permanent

organization, until the rights of women shall be established

equal with those of men; and I hope and trust that said board

will receive the services and sympathy, the donations and

bequests, of the friends of human rights. And being desirous that

said board should have the immediate benefit of said bequest,

without waiting for my exit, I have already paid it in advance

and in full to said Phillips, the treasurer of said board, whose

receipt therefor is on my files."

OPINION.--Gray, J. IV. It is quite clear that the bequest in

trust to be expended "to secure the passage of laws granting

women, whether married or unmarried, the right to vote, to hold

office, to hold, manage and devise property, and all other civil

rights enjoyed by men," cannot be sustained as a charity. No

precedent has been cited in its support. This bequest differs

from the others, in aiming directly and exclusively to change the

laws; and its object cannot be accomplished without changing the

constitution also. Whether such an alteration of the existing

laws and frame of government would be wise and desirable, is a

question upon which we cannot, sitting in a judicial capacity,

properly express any opinion. Our duty is limited to expounding

the laws as they stand. And those laws do not recognize the

purpose of overthrowing or changing them, in whole or in part, as

a charitable use. This bequest, therefore, not being for a

charitable purpose, nor for the benefit of any particular

persons, and being unrestricted in point of time, is inoperative

and void. For the same reason, the gift to the same object, of

one-third of the residue of the testator's estate after the death

of his daughter, Mrs. Eddy, and her daughter, Mrs. Bacon, is also

invalid, and will go to his heirs-at-law as a resulting trust.

Decision third was on the right of women to hold judicial offices.

To quote again from _Allen's Reports_:

On June 8, 1871, the following order was passed by the governor

and council, and on June 10 transmitted to the Justices of the

Supreme Judicial Court, who, on June 29, returned the reply which

is annexed. _Ordered_, That the opinion of the Supreme Judicial

Court be requested as to the following questions: _First_--Under

the constitution of this commonwealth, can a woman, if duly

appointed and qualified as a justice of the peace, legally

perform all acts appertaining to that office? _Second_--Under the

laws of this commonwealth, would oaths and acknowledgments of

deeds, taken before a married or unmarried woman duly appointed

and qualified as a justice of the peace, be legal and valid?

OPINION.--By the constitution of the commonwealth, the office of

justice of the peace is a judicial office, and must be exercised

by the officer in person, and a woman, whether married or

unmarried, cannot be appointed to such an office. The law of

Massachusetts at the time of the adoption of the constitution,

the whole frame and purport of the instrument itself, and the

universal understanding and unbroken practical construction for

the greater part of a century afterwards, all support this

conclusion, and are inconsistent with any other. It follows that,

if a woman should be formally appointed and commissioned as a

justice of the peace, she would have no constitutional or legal

authority to exercise any of the functions appertaining to that

office. Each of the questions proposed must, therefore, be

respectfully answered in the negative.

[Signed:] REUBEN A. CHAPMAN, HORACE GRAY, JR.,

JOHN WELLS, JAMES D. COLT,

SETH AMES, MARCUS MORTON.

_Boston_, June 29, 1871.

It is to be remarked that the clause on which the court determined

its judgment was of no practical consequence, since the money

devised had already been paid to Wendell Phillips, who had disposed

of it as the bequest required, and he had given his receipt to the

testator for the amount.

Even the Supreme Judicial Court of Massachusetts has begun to

understand the trend of the woman's rights movement, and has

rendered its first favorable decision, in the famous Eddy-will

case. Wendell Phillips told me that he drew up this will, and that

its provisions were so carefully worded, that even the Supreme

Court could find no flaw in it. It is in his own hand-writing, and

Chandler R. Ransom was the executor. Eliza F. Eddy was the daughter

of Francis Jackson, and just before her death in 1882, desiring to

help the suffrage cause and thus carry out her father's intentions,

she made her will in which she bequeathed $40,000 for this purpose.

The clause relating to this bequest is as follows:

Whatever is left, after paying the above legacies, I direct shall

be divided into equal portions. One of said portions I leave to

Susan B. Anthony of Rochester, N. Y.; and the other portion I

leave to Lucy Stone, wife of Henry B. Blackwell, as her own

absolute separate property, free from any control by him. I

request said Susan and Lucy to use said fund thus given to

further what is called the "Woman's Rights' Cause"; but neither

of them is under any legal responsibility to any one or any court

to do so.

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