"Have they done as they promised?" she asked. "When we come asking

protection under the new guarantees of the Constitution, the same men

say to us ... to wait the action of Congress and State legislatures in

the adoption of a Sixteenth Amendment which shall make null and void

the word 'male' in the Fourteenth and supply the want of the word

'sex' in the Fifteenth. Such tantalizing treatment imposed upon

yourselves or any class of men would have caused rebellion and in the

end a bloody revolution...."

Unconvinced of the urgency or even the desirability of votes for

women, the Senate judiciary committee promptly issued an adverse

report, but Susan was assured that her cause had a few persistent

supporters in Congress when Benjamin Butler presented petitions to the

House for a declaratory act for the Fourteenth Amendment and

Congressman Parker of Missouri introduced a bill granting women the

right to vote and hold office in the territories.

* * * * *

Susan now turned to the more sympathetic West to take her plea for

woman suffrage directly to the people. Speaking almost daily in

Kansas, Nebraska, Iowa, and Illinois, she had little time to think of

the work in the East; the glamor of Victoria Woodhull faded, and she

realized that her own hard monotonous spade work would in the long run

do more for the cause than the meteoric rise of a vivid personality

who gave only part of herself to the task.

When letters came from Mrs. Stanton and Mrs. Hooker showing plainly

that they were falling in with Victoria's plans to form a new

political party, Susan at once dashed off these lines of warning: "We

have no element out of which to make a political party, because there

is not a man who would vote a woman suffrage ticket if thereby he

endangered his Republican, Democratic, Workingmen's, or Temperance

party, and all our time and words in that direction are simply thrown

away. My name must not be used to call any such meeting."[281]

Then she added, "Mrs. Woodhull has the advantage of us because she has

the newspaper, and she persistently means to run our craft into her

port and none other. If she were influenced by women spirits ... I

might consent to be a mere sail-hoister for her; but as it is she is

wholly owned and dominated by _men_ spirits and I spurn the whole lot

of them...."

A few weeks later, as she looked over the latest copy of _Woodhull &

Claflin's Weekly_, she was horrified to find her name signed to a call

to a political convention sponsored by the National Woman Suffrage

Association. Immediately she telegraphed Mrs. Stanton to remove her

name and wrote stern indignant letters begging her and Mrs. Hooker not

to involve the National Association in Victoria Woodhull's

presidential campaign. Although she herself had often called for a new

political party while she was publishing _The Revolution_, she was

practical enough to recognize that a party formed under Victoria

Woodhull's banner was doomed to failure.

Returning to New York, she found both Mrs. Stanton and Mrs. Hooker

still completely absorbed in Victoria's plans. Bringing herself up to

date once more on the latest developments in the colorful life of

Victoria Woodhull, she found that she had been lecturing on "The

Impending Revolution" to large enthusiastic audiences and that she had

again been called into court by her family. Goaded to defiance by an

increasingly virulent press, Victoria had also begun to blackmail

suffragists who she thought were her enemies, among them Mrs. Bullard,

Mrs. Blake, and Mrs. Phelps. This made Susan take steps at once to

free the National Association of her influence.

When Victoria Woodhull, followed by a crowd of supporters, sailed into

the first business session of the National Woman Suffrage Association

in New York, announcing that the People's convention would hold a

joint meeting with the suffragists, Susan made it plain that they

would do nothing of the kind, as Steinway Hall had been engaged for a

woman suffrage convention. With relief, she watched Victoria and her

flock leave for a meeting place of their own. Disgruntled at what she

called Susan's intolerance, Mrs. Stanton then asked to be relieved of

the presidency. Elected to take her place, Susan was now free to cope

with Victoria, should this again become necessary.

Not to be outmaneuvered by Susan, Victoria made a surprise appearance

near the end of the evening session and moved that the convention

adjourn to meet the next morning in Apollo Hall with the people's

convention. Quickly one of her colleagues seconded the motion. Susan

refused to put this motion, standing quietly before the excited

audience, stern and somber in her steel-gray silk dress. Beside her on

the platform, Victoria, intense and vivid, put the motion herself, and

it was overwhelmingly carried by her friends scattered among the

suffragists. Declaring this out of order because neither Victoria nor

many of those voting were members of the National Association, Susan

in her most commanding voice adjourned the convention to meet in the

same place the next morning. Victoria, however, continued her demands

until Susan ordered the janitor to turn out the lights. Then the

audience dispersed in the darkness.

With these drastic measures, Susan rescued the National Woman Suffrage

Association from Victoria Woodhull, who had her own triumph later at

Apollo Hall, where, surrounded by wildly cheering admirers, she was

nominated for President of the United States by the newly formed Equal

Rights party.

Reading about Victoria's nomination in the morning papers, Susan

breathed a prayer of gratitude for a narrow escape, recording in her

diary, "There never was such a foolish muddle--all come of Mrs. S.

[Stanton] consulting and conceding to Woodhull & calling a People's

Con[vention].... All came near being lost.... I never was so hurt with

the folly of Stanton.... Our movement as such is so demoralized by

letting go the helm of ship to Woodhull--though we rescued it--it was

as by a hair breadth escape." She was surprised to find no

condemnation of her actions in _Woodhull & Claflin's Weekly_ but only

the implication that the suffragists were too slow for Victoria's

great work.[282]

The attitude of some of the leading suffragists toward Victoria

Woodhull remained a problem. Fortunately Mrs. Stanton came back into

line, but both Mrs. Hooker and Mrs. Davis seemed bound to drift under

Victoria's influence, and the promising young lawyer, Belva Lockwood,

campaigned for the Equal Rights party and its candidate Victoria

Woodhull.

* * * * *

While Victoria Woodhull's fortunes were speedily dropping from the

sublime heights of a presidential nomination to the humiliation of

financial ruin, the loss of her home, and the suspended publication

of her _Weekly_, Susan was knocking at the doors of the Republican and

Democratic national conventions. She had previously appealed to the

liberal Republicans, among whose delegates were her old friends George

W. Julian, B. Gratz Brown, and Theodore Tilton, but they had ignored

woman suffrage and had nominated for President, Horace Greeley, now a

persistent opponent of votes for women. The Democrats did no better.

Faced with Grant as the strong Republican nominee, they too nominated

Horace Greeley with B. Gratz Brown as his running mate, hoping by this

coalition to achieve victory. The Republicans, still unwilling to go

the whole way for woman suffrage by giving it the recognition of a

plank in their platform, did, however, offer women a splinter at which

Susan grasped eagerly because it was the first time an important,

powerful political party had ever mentioned women in their platform.

"The Republican party," read the splinter, "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

received with satisfaction; and the honest demands of any class of

citizens for equal rights should be treated with respectful

consideration."[283]

Thankful to have escaped involvement with Victoria Woodhull and her

Equal Rights party just at this time when the Republicans were ready

to smile upon women, Susan basked in an aura of respectability thrown

around her by her new political allies. She was even hopeful that the

two woman-suffrage factions could now forget their differences and

work together for "the living, vital issue of today--freedom to

women."

She at once began speaking for the Republican party, looking forward

to carrying the discussion of woman suffrage into every school

district and every ward meeting. In the beginning the Republicans were

generous with funds, giving her $1,000 for women's meetings in New

York, Philadelphia, Rochester, and other large cities. For speakers

she sought both Lucy Stone and Anna E. Dickinson, but Lucy made it

plain in letters to Mrs. Stanton that she would take no part in

Republican rallies conducted by Susan, and Anna responded with a

torrent of false accusations.[284] Only Mary Livermore of the American

Association consented to speak at Susan's Republican rallies; but with

Mrs. Stanton, Mrs. Gage, and Olympia Brown to call upon, Susan did

not lack for effective orators.

In an _Appeal to the Women of America_, financed by the Republicans

and widely circulated, she urged the election of Grant and Wilson and

the defeat of Horace Greeley, whom she described as women's most

bitter opponent. "Both by tongue and pen," she declared, "he has

heaped abuse, ridicule, and misrepresentation upon our leading women,

while the whole power of the _Tribune_ had been used to crush our

great reform...."[285]

Beyond this she was unwilling to go in criticizing her one-time

friend. In fact her sense of fairness recoiled at the ridicule and

defamation heaped upon Horace Greeley in the campaign. "I shall not

join with the Republicans," she wrote Mrs. Stanton, "in hounding

Greeley and the Liberals with all the old war anathemas of the

Democracy.... My sense of justice and truth is outraged by the

Harper's cartoons of Greeley and the general falsifying tone of the

Republican press. It is not fair for us to join in the cry that

everybody who is opposed to the present administration is either a

Democrat or an apostate."[286]

Susan sensed a change in the Republicans' attitude toward women, as

they grew increasingly confident of victory. Not only did they refuse

further financial aid, but criticized Susan roundly because in her

speeches she emphasized woman suffrage rather than the virtues of the

Republican party. She ignored their complaints, and wrote Mrs.

Stanton, "If you are willing to go forth ... saying that you endorse

the party on any other point ... than that of its recognition of

woman's claim to vote, _I_ am not...."[287]

FOOTNOTES:

[262] A former Congressman from Ohio, a personal friend of Senator

Benjamin Wade who was a loyal friend of woman suffrage.

[263] _The Revolution_, V, March 19, 1870, pp. 154-155, 159.

[264] Clipping from _Woodhull & Claflin's Weekly_, Susan B. Anthony

Scrapbook, Library of Congress.

[265] Emanie, Sachs, _The Terrible Siren_ (New York, 1928), p. 87.

After hearing Victoria Woodhull speak at a woman suffrage meeting in

Philadelphia, Lucretia Mott wrote her daughters, March 21, 1871, "I

wish you could have heard Mrs. Woodhull ... so earnest yet modest and

dignified, and so full of faith that she is divinely inspired for her

work. The 30 or 40 persons present were much impressed with her work

and beautiful utterances." Garrison Papers, Sophia Smith Collection,

Smith College.

[266] May 20, 1871, Ida Husted Harper Collection, Henry E. Huntington

Library.

[267] _The Golden Age_, Dec., 1871.

[268] Harper, _Anthony_, I, p. 388.

[269] _Ibid._, pp. 389-390.

[270] _Ibid._, pp. 391-394. Laura Fair, who reportedly had been the

mistress of Alexander P. Crittenden for six years, was acquitted of

his murder on the grounds that his death was not due to her pistol

shot but to a disease from which he was suffering. Julia Cooley

Altrocchi, _The Spectacular San Franciscans_ (New York, 1949).

[271] Ms., Diary, July 13-23, 1871.

[272] Harper, _Anthony_, I, p. 396.

[273] _Ibid._

[274] Ms., Diary, Oct. 13, 1871.

[275] Harper, _Anthony_, I, p. 403.

[276] Ms., Diary, Dec. 15, 1871.

[277] Harper, _Anthony_, I, p. 396.

[278] Ms., Diary, Jan. 2, 1872.

[279] _Woodhull & Claflin's Weekly_, Jan. 23, 1873.

[280] Harper, _Anthony_, I, pp. 410-411.

[281] _Ibid._, p. 413.

[282] Ms., Diary, May 8, 10, 12, 1872.

[283] Harper, _Anthony_, I, pp. 416-417.

[284] Ms., Diary, Sept. 21, 1872. Lucy Stone wrote in the _Woman's

Journal_, July 27, 1872, "We are glad that the wing of the movement to

which these ladies belong have decided to cast in their lot with the

Republican party. If they had done so sooner, it would have been

better for all concerned...."

[285] _History of Woman Suffrage_, II, p. 519. The Republicans

financed a paper, _Woman's Campaign_, edited by Helen Barnard, which

published some of Susan's speeches and which Susan for a time hoped to

convert into a woman suffrage paper.

[286] Harper, _Anthony_, I, p. 422.

[287] _Ibid._

TESTING THE FOURTEENTH AMENDMENT

Susan preached militancy to women throughout the presidential campaign

of 1872, urging them to claim their rights under the Fourteenth and

Fifteenth Amendments by registering and voting in every state in the

Union.

Even before Francis Minor had called her attention to the

possibilities offered by these amendments, she had followed with great

interest a similar effort by Englishwomen who, in 1867 and 1868, had

attempted to prove that the "ancient legal rights of females" were

still valid and entitled women property holders to vote for

representatives in Parliament, and who claimed that the word "man" in

Parliamentary statutes should be interpreted to include women. In the

case of the 5,346 householders of Manchester, the court held that

"every woman is personally incapable" in a legal sense.[288] This

legal contest had been fully reported in _The Revolution_, and

disappointing as the verdict was, Susan looked upon this attempt to

establish justice as an indication of a great awakening and uprising

among women.

There had also been heartening signs in her own country, which she

hoped were the preparation for more successful militancy to come. She

had exulted in _The Revolution_ in 1868 over the attempt of women to

vote in Vineland, New Jersey. Encouraged by the enfranchisement of

women in Wyoming in 1869, Mary Olney Brown and Charlotte Olney French

had cast their votes in Washington Territory. A young widow, Marilla

Ricker, had registered and voted in New Hampshire in 1870, claiming

this right as a property holder, but her vote was refused. In 1871,

Nannette B. Gardner and Catherine Stebbins in Detroit, Catherine V.

White in Illinois, Ellen R. Van Valkenburg in Santa Cruz, California,

and Carrie S. Burnham in Philadelphia registered and attempted to

vote. Only Mrs. Gardner's vote was accepted. That same year, Sarah

Andrews Spencer, Sarah E. Webster, and seventy other women marched to

the polls to register and vote in the District of Columbia. Their

ballots refused, they brought suit against the Board of Election

Inspectors, carrying the case unsuccessfully to the Supreme Court of

the United States.[289] Another test case based on the Fourteenth

Amendment had also been carried to the Supreme Court by Myra Bradwell,

one of the first women lawyers, who had been denied admission to the

Illinois bar because she was a woman.

With the spotlight turned on the Fourteenth Amendment by these women,

lawyers here and there throughout the country were discussing the

legal points involved, many admitting that women had a good case. Even

the press was friendly.

Susan had looked forward to claiming her rights under the Fourteenth

and Fifteenth Amendments and was ready to act. She had spent the

thirty days required of voters in Rochester with her family and as she

glanced through the morning paper of November 1, 1872, she read these

challenging words, "Now Register!... If you were not permitted to vote

you would fight for the right, undergo all privations for it, face

death for it...."[290]

This was all the reminder she needed. She would fight for this right.

She put on her bonnet and coat, telling her three sisters what she

intended to do, asked them to join her, and with them walked briskly

to the barber shop where the voters of her ward were registering.

Boldly entering this stronghold of men, she asked to be registered.

The inspector in charge, Beverly W. Jones, tried to convince her that

this was impossible under the laws of New York. She told him she

claimed her right to vote not under the New York constitution but

under the Fourteenth Amendment, and she read him its pertinent lines.

Other election inspectors now joined in the argument, but she

persisted until two of them, Beverly W. Jones and Edwin F. Marsh, both

Republicans, finally consented to register the four women.

This mission accomplished, Susan rounded up twelve more women willing

to register. The evening papers spread the sensational news, and by

the end of the registration period, fifty Rochester women had joined

the ranks of the militants.

On election day, November 5, 1872, Susan gleefully wrote Elizabeth

Stanton, "Well, I have gone and done it!!--positively voted the

Republican ticket--Strait--this A.M. at 7 o'clock--& swore my vote in

at that.... All my three sisters voted--Rhoda deGarmo too--Amy Post

was rejected & she will immediately bring action against the

registrars.... Not a jeer not a word--not a look--disrespectful has

met a single woman.... I hope the mornings telegrams will tell of many

women all over the country trying to vote.... I hope you voted

too."[291]

* * * * *

Election day did not bring the general uprising of women for which

Susan had hoped. In Michigan, Missouri, Ohio, and Connecticut, as in

Rochester, a few women tried to vote. In New York City, Lillie

Devereux Blake and in Fayetteville, New York, Matilda Joslyn Gage had

courageously gone to the polls only to be turned away. Elizabeth

Stanton did not vote on November 5, 1872, and her lack of enthusiasm

about a test case in the courts was very disappointing to Susan.

However, the fact that Susan B. Anthony had voted won immediate

response from the press in all parts of the country. Newspapers in

general were friendly, the New York _Times_ boldly declaring, "The act

of Susan B. Anthony should have a place in history," and the Chicago

_Tribune_ venturing to suggest that she ought to hold public office.

The cartoonists, however, reveling in a new and tempting subject,

caricatured her unmercifully, the New York Graphic setting the tone.

Some Democratic papers condemned her, following the line of the

Rochester _Union and Advertiser_ which flaunted the headline, "Female

Lawlessness," and declared that Miss Anthony's lawlessness had proved

women unfit for the ballot.

Before she voted, Susan had taken the precaution of consulting Judge

Henry R. Selden, a former judge of the Court of Appeals. After

listening with interest to her story and examining the arguments of

Benjamin Butler, Francis Minor, and Albert G. Riddle in support of the

claim that women had a right to vote under the Fourteenth and

Fifteenth Amendments, he was convinced that women had a good case and

consented to advise her and defend her if necessary. Judge Selden, now

retired from the bench because of ill health, was practicing law in

Rochester where he was highly respected. A Republican, he had served

as lieutenant governor, member of the Assembly, and state senator.

Susan had known him as one of the city's active abolitionists, a

friend of Frederick Douglass who had warned him to flee the country

after the raid on Harper's Ferry and the capture of John Brown. Such

a man she felt she could trust.

All was quiet for about two weeks after the election and it looked as

if the episode might be forgotten in the jubilation over Grant's

election. Then, on November 18, the United States deputy marshal rang

the doorbell at 7 Madison Street and asked for Miss Susan B. Anthony.

When she greeted him, he announced with embarrassment that he had come

to arrest her.

"Is this your usual manner of serving a warrant?" she asked in

surprise.[292]

He then handed her papers, charging that she had voted in violation of

Section 19 of an Act of Congress, which stipulated that anyone voting

knowingly without having the lawful right to vote was guilty of a

crime, and on conviction would be punished by a fine not exceeding

$500, or by imprisonment not exceeding three years.

This was a serious development. It had never occurred to Susan that

this law, passed in 1870 to halt the voting of southern rebels, could

actually be applicable to her. In fact, she had expected to bring suit

against election inspectors for refusing to accept the ballots of

women. Now charged with crime and arrested, she suddenly began to

sense the import of what was happening to her.

When the marshal suggested that she report alone to the United States

Commissioner, she emphatically refused to go of her own free will and

they left the house together, she extending her wrists for the

handcuffs and he ignoring her gesture. As they got on the streetcar

and the conductor asked for her fare, she further embarrassed the

marshal by loudly announcing, "I'm traveling at the expense of the

government. This gentleman is escorting me to jail. Ask him for my

fare." When they arrived at the commissioner's office, he was not

there, but a hearing was set for November 29.

On that day, in the office where a few years before fugitive slaves

had been returned to their masters, Susan was questioned and

cross-examined, and she felt akin to those slaves. Proudly she

admitted that she had voted, that she had conferred with Judge Selden,

that with or without his advice she would have attempted to vote to

test women's right to the franchise.[293]

"Did you have any doubt yourself of your right to vote?" asked the

commissioner.

"Not a particle," she replied.

On December 23, 1872, in Rochester's common council chamber, before a

large curious audience, Susan, the other women voters, and the

election inspectors were arraigned. People expecting to see bold

notoriety-seeking women were surprised by their seriousness and

dignity. "The majority of these law-breakers," reported the press,

"were elderly, matronly-looking women with thoughtful faces, just the

sort one would like to see in charge of one's sick-room, considerate,

patient, kindly."[294]

The United States Commissioner fixed their bail at $500 each. All

furnished bail but Susan, who through her counsel, Henry R. Selden,

applied for a writ of habeas corpus, demanding immediate release and

challenging the lawfulness of her arrest. When a writ of habeas corpus

was denied and her bail increased to $1,000 by United States District

Judge Nathan K. Hall, sitting in Albany, Susan was more than ever

determined to resist the interference of the courts in her

constitutional right as a citizen to vote. She refused to give bail,

emphatically stating that she preferred prison.

Seeing no heroism but only disgrace in a jail term for his client and

unwilling to let her bring this ignominy upon herself. Henry Selden

chivalrously assured her that this was a time when she must be guided

by her lawyer's advice, and he paid her bail. Ignorant of the

technicalities of the law, she did not realize the far-reaching

implications of this well-intentioned act until they left the

courtroom and in the hallway met tall vigorous John Van Voorhis of

Rochester who was working on the case with Judge Selden. With the

impatience of a younger man, eager to fight to the finish, he

exclaimed, "You have lost your chance to get your case before the

Supreme Court by writ of habeas corpus!"[295]

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