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Rev. WM. H. CHANNING: They say the public platform is not in woman's sphere; but let us understand why. Jenny Lind stands on that platform before thousands of men and women, and sings, "I know that my Redeemer liveth," with all hearts approving, all voices applauding, and nobody lisps a word that she is out of her sphere. Well, Antoinette Brown believes the sentiment so sang to be the hope of a lost world, and feels herself called to bear witness in behalf of that religion, and to commend His salvation to the understanding and hearts of all who will hear her. Why may she not obey this impulse, and bear the tidings of a world's salvation to those perishing in darkness and sin? What is there unfeminine or revolting in her preaching the truth which Jenny Lind may sing without objection and amid universal applause?
Answer by things "in male costumes." Hiss-s-s.
Mrs. ERNESTINE L. ROSE: The law declares husband and wife one; and such we all feel that they should be, and must be when the marriage is a true one. Now, why should that same law base their union or oneness on inequality or subjugation? The wife dies and the husband inherits all her property, as is right; but let the husband die, and the greater part of the property is taken from the wife and given to others, even though all that property was earned or inherited by the wife. She may be turned out of the house she was born in and which was hers until marriage, and see it given to her husband's brothers or other kindred who are strangers to her. I insist that the wife should own and inherit the property of the husband just to the same extent that the husband inherits that of the wife—why not?
Answer to the aforesaid—Hiss-s-s-s! Bow-ow-ow!
HARRIOT K. HUNT: I plant myself on the basis of the Declaration of Independence and insist, with our Revolutionary sires, that taxation without representation is tyranny. Well; here am I, an independent American woman, educated for and living by the practice of medicine. I own property, and pay taxes on that property. I demand of the Government that taxes me that it should allow me an equal voice with the other tax-payers in the disposal of the public money. I am certainly not less intelligent than thousands who, though scarcely able to read their ballots, are entitled to vote. I am allowed to vote in any bank or insurance company when I choose to be a stockholder; why ought I not to vote in the disposition of public money raised by tax, as well as those men who do not pay taxes, or those who do either?
Answer of the aforesaid—Yah! wow! Hiss-s-s-s!
LUCY STONE: I plead for the right of woman to the control of her own person as a moral, intelligent, accountable being. I know a wife who has not set foot outside of her husband's house for three years, because her husband forbids her doing so when he is present, and locks her up when he is absent. That wife is gray with sorrow and despair though now in middle life, but there is no redress for her wrongs because the law makes her husband her master, and there is no proof that he beats or bruises her; there is nothing in his treatment of her that the law does not allow. I protest against such a law and demand its overthrow; and I protest against any law which limits the sphere of woman, as a bar to her intellectual development. You say she can not do this and that, but if so, what need of a law to prevent her? You say her intellectual achievements have not equaled those of man; but I answer, that she has had no motive, no opportunity for such achievement. Close all the avenues, take away all the incitement for man's ambition, and he would do no more than woman does. Grant her freedom, education, and opportunity, and she will do what God intended she should do, no less, no more. Men! you dwarf, you wrong yourselves in restraining and fettering the intellectual development of woman! I ask for her liberty to do whatever moral and useful deed she proves able to do—why should I ask in vain?
Answer by time-serving Press: Men, Women, and Bloomers! Faugh! Bah!
ANTOINETTE BROWN: I plead that the mother may not be legally robbed of her children. I know a mother who was left a widow with three young children. She was able, and most willing to support them in humble independence; but her husband before he died, had secretly given two of them to his relatives, and the law tore them from the mother's bosom, and left her but the youngest, who was soon taken from her by death. That, mother lived to see her two surviving children, grow up, the one to be a drunkard and the other a felon, all through neglect and the want of that care and guardianship which none so well as a parent can be relied on to afford. I plead for woman as a mother, that her right to her children be recognized as at least equal to that of the father, and that he, being dead, no other can have a right to their guardianship paramount or even equal to hers.
Pantalooned mob as aforesaid: Oh, dry up! Bow-ow! Waugh! Hiss-s-s! Get out!
The case is still on.
WOMAN'S RIGHTS STATE CONVENTION,
ROCHESTER, N. Y., NOVEMBER 30 AND DECEMBER 1, 1853.
As William Henry Channing resided at Rochester, and felt that the time had come for some more active measures, he was invited to prepare the call and resolutions for the Convention. The following was issued and extensively circulated, and signed by many of the leading men and women of the State:
THE JUST AND EQUAL RIGHTS OF WOMEN.
To the Men and Women of New York:
The "Woman's Rights" Movement is a practical one, demanding prompt and efficient action for the relief of oppressive wrongs; and, as the Conventions held for several years past in different States, have answered their end of arousing earnest public attention, the time has come for calling upon the people to reform the evils from which women suffer, by their Representatives in Legislative Assemblies.
The wise and humane of all classes in society, however much they may differ upon speculative points as to woman's nature and function, agree that there are actual abuses of women, tolerated by custom and authorized by law, which are condemned alike by the genius of republican institutions and the spirit of the Christian religion. Conscience and common sense, then, unite to sanction their immediate redress. Thousands of the best men and women, in all our communities, are asking such questions as these:
1. Why should not woman's work be paid for according to the quality of the work done, and not the sex of the worker?
2. How shall we open for woman's energies new spheres of well remunerated industry?
3. Why should not wives, equally with husbands, be entitled to their own earnings?
4. Why should not widows, equally with widowers, become by law the legal guardians, as they certainly are by nature the natural guardians, of their own children?
5. On what just ground do the laws make a distinction between men and women, in regard to the ownership of property, inheritance, and the administration of estates?
6. Why should women, any more than men, be taxed without representation?
7. Why may not women claim to be tried by a jury of their peers, with exactly the same right as men claim to be and actually are?
8. If women need the protection of the laws, and are subject to the penalties of the laws equally with men, why should they not have an equal influence in making the laws, and appointing Legislatures, the Judiciary, and Executive?
And, finally, if governments—according to our National Declaration of Independence—"derive their just powers from the consent of the governed," why should women, any more than men, be governed without their own consent; and why, therefore, is not woman's right to suffrage precisely equal to man's?
For the end of finding out practical answers to these and similar questions, and making suitable arrangements to bring the existing wrongs of women, in the State of New York, before the Legislature at its next session, we, the undersigned, do urgently request the men and women of the Commonwealth to assemble in Convention, in the city of Rochester, on Wednesday, November 30th, and Thursday, December 1, 1853.[122]
The Convention assembled at Corinthian Hall at 10 o'clock. Rev. Samuel J. May, of Syracuse, in the chair.[123] After thanking the Convention for the honor conferred, he ran the parallel between the laws for married women and the slaves on the Southern plantation, and then introduced Ernestine L. Rose, to paint in more vivid colors the picture he had outlined.
Mrs. ROSE said: The remarks of the president have impressed us to do our duty with all the earnestness in our power. This is termed a woman's rights movement. Alas! that the painful necessity should exist, for woman's calling a Convention to claim her rights from those who have been created to go hand in hand, and heart in heart with her; whose interests can not be divided from hers. Why does she claim them? Because every human being has a right to all the advantages society has to bestow, if his having them does not injure the rights of others. Life is valueless without liberty, and shall we not claim that which is dearer than life? In savage life, liberty is synonymous with aggression. In civilized countries it is founded on equality of rights. Oppression always produces suffering through the whole of the society where it exists; this movement ought, therefore, to be called a human rights movement. The wrongs of woman are so many (indeed there is scarcely anything else but wrongs) that there is not time to mention them all in one convention. She would speak at present of legal wrongs, and leave it to her hearers, if all are not—men, perhaps, more than women—sufferers by these wrongs. How can woman have a right to her children when the right to herself is taken away? At the marriage altar the husband says in effect, "All this is mine, all mine is my own." She ceases to exist legally, except when she violates the laws; then she assumes her identity just long enough to receive the penalty. When the husband dies poor, leaving the widow with small children (here the speaker pictured thrillingly the suffering of a poor, weak-minded, helpless woman, with small children dependent on her), she is then acknowledged the guardian of her children. But any property left them takes away her right of control. If there is property the law steps in as guardian of it and therefore of the children. The widowed mother is their guardian, only on condition that the husband has made her so by will. Can any human being be benefited by such gross violations of humanity?
MATILDA JOSLYN GAGE said: The legal disabilities of woman are many, as not only known to those who bear them, but they are acknowledged by Kent, Story, and many other legal authorities. A wife has no management in the joint earnings of herself and her husband; they are entirely under control of the husband, who is obliged to furnish the wife merely the common necessaries of life; all that she receives beyond these is looked upon by the law as a favor, and not held as her right. A mother is denied the custody of her own child; a most barbarous and unjust law, which robs her of the child placed in her care by the great Creator himself. A widow is allowed the use merely of one-third of the real estate left at the husband's death; and when her minor children have grown up she must surrender the personal property, even to the family Bible, and the pictures of her dear children. In view of such laws the women engaged in this movement ask that the wife shall be made heir to the husband to the same extent that he is now her heir.
Taxation without representation is another of the wrongs that woman endures. In this she is held below the negro in the political scale; for the black man, when not possessing property to the extent of two hundred and fifty dollars, is not allowed to vote, but neither is he taxed. The present law of divorce is very unjust; the husband, whether the innocent or the guilty party, retaining all the wife's property, as also the control of the children unless by special decree of the court they are assigned to the mother.
Rev. ANTOINETTE BROWN said: The wife owes service and labor to her husband as much and as absolutely as the slave does to his master. This grates harshly upon the ears of Christendom; but it is made palpably and practically true all through our statute books, despite the poetic fancy which views woman as elevated in the social estate; but a little lower than the angels.
Letters were read from Paulina Wright Davis, Dr. Trail, Mary C. Vaughan, and Hon. William Hay. A series of fourteen resolutions were presented by Mr. Channing, and discussed, which suggested the appointment of various committees. One to prepare an address to the Legislature, and to ask a special hearing before a joint committee to consider the whole subject of the just and equal rights of woman; another to prepare an address to the capitalists and industrialists of New York on the best modes of employing and remunerating women.
Resolved, That the movement, now in progress throughout the United States, for securing the just and equal rights of women, in education, industry, law, politics, religion, and social life, is timely, wise, and practical; that it is authorized by all the essential principles of Republican institutions, and sanctioned by the spirit of the Christian religion; and finally that it is but a carrying on to completeness of a reform, already begun, by legal provisions, in the most advanced States of the Union.
Resolved, That the design of all true legislation should be the elevation of every member of the community—and that the violation of this legitimate design, in depriving woman of her just and equal rights, is not only highly injurious to her, but by reason of the equilibrium which pervades all existence, that man, too, is impeded in his progress by the very chains which bind woman to the lifeless skeleton of feudal civilization.
Resolved, That we do not ask for woman's political, civil, industrial, and social equality with man, in the spirit of antagonism, or with a wish to produce separate and conflicting interests between the sexes, but because the onward progress of society and the highest aspirations of the human race, demand that woman should everywhere be recognized as the co-equal and co-sovereign of man.
Resolved, That women justly claim an equally free access with men, to the highest means of mental, moral, and physical culture, provided in seminaries, colleges, professional and industrial schools; and that we call upon all friends of progress and upon the Legislature of New York, in establishing and endowing institutions, to favor pre-eminently those which seek to place males and females on a level of equal advantages in their system of education.
Resolved, That, inasmuch as universal experience proves the inseparable connection between dependence and degradation—while it is plain to every candid observer of society that women are kept poor, by being crowded together, to compete with and undersell one another in a few branches of labor, and that from this very poverty of women, spring many of the most terrible wrongs and evils, which corrupt and endanger society: therefore do we invite the earnest attention of capitalists, merchants, traders, manufacturers, and mechanics, to the urgent need, which everywhere exists, of opening to women new avenues of honest and honorable employment, and we do hereby call upon all manly men to make room for their sisters to earn an independent livelihood.
Resolved, That, whereas, the custom of making small remuneration for woman's work, in all departments of industry, has sprung from her dependence, which dependence is prolonged and increased by this most irrational and unjust habit of half pay; therefore do we demand, in the name of common sense and common conscience, that women equally with men, should be paid for their services according to the quality and quantity of the work done, and not the sex of the worker.
Resolved, That, whereas, the State of New York, in the acts of 1848 and 1849, has honorably and justly placed married women on the footing of equality with unmarried women, in regard to the receiving, holding, conveying, and devising of all property, real and personal, we call upon the Legislature of the State to take the next step—so plainly justified by its own precedents—of providing that husbands and wives shall be joint owners of their joint earnings—the community estate passing to the survivor at the death of either party.
Resolved, That, whereas, the evident intent of the Legislature of the State of New York has for many years been progressively to do away with the legal disabilities of women, which existed under the savage usages of the old common law, therefore we do urgently call upon the Legislature of this State, at its next session, to appoint a joint committee to examine and revise the statutes, and to propose remedies for the redress of all legal grievances from which women now suffer, and suitable measures for the full establishment of women's legal equality with men.
Resolved, That, whereas, under the common law, the father is regarded as the guardian, by nature, of his children, having the entire control of their persons and education, while only upon the death of the father, does the mother become the guardian by nature; and, whereas, by the revised statutes of New York, it is provided, that where an estate in lands shall become vested in an infant, the guardianship of such infant, with the rights, powers, and duties of a guardian in soccage, shall belong to the father, and only in case of the father's death, to the mother; and, whereas, finally and chiefly, by the revised statutes of New York, it is provided, that every father may, by his deed or last will, duly executed, dispose of the custody and tuition of his children, during their minority, "to any person or persons in possession or remainder"; therefore, do we solemnly protest against the utter violation of every mother's rights, authorized by existing laws, in regard to the guardianship of infants, and demand, in the name of common humanity, that the Legislature of New York so amend the statutes, as to place fathers and mothers on equal footing in regard to the guardianship of their children. Especially do we invite the Legislature instantly to pass laws, entitling mothers to become their children's guardians, in all cases where, by habitual drunkenness, immorality, or improvidence, fathers are incompetent to the sacred trust.
Resolved, That, whereas, according to the amendments of the Constitution of the United States, it is provided that "in all criminal cases, the accused shall enjoy the right to a speedy and public trial, by an impartial jury," and that "in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved"; and, whereas, according to the revised statutes of New York, it is provided, that "no member of this State can be disfranchised or deprived of any of the rights or privileges, secured to any citizen thereof, unless by the law of the land, or the judgment of his peers"; therefore, do we demand, that women, as "members" and "citizens" of this State, equally with men, should be entitled to claim a trial by "an impartial jury of their peers." And especially do we remonstrate against the partial, mean, and utterly inequitable custom, everywhere prevalent, that in questions of divorce, men, and men alone, should be regarded as "an impartial jury."
Resolved, That, whereas, in the Declaration of Independence of the United States, one of the "injuries and usurpation" complained of is Taxation without the consent of the persons taxed; and, whereas, it is provided in the revised statutes of New York, that "no tax, duty, aid or imposition whatever—except such as may be laid by a law of the United States—can be taken or levied within this State, without the grant and assent of the people of this State; by their representatives in Senate and Assembly"; and that "no citizen of this State can be compelled to contribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States, or by the Legislature of the State"; therefore do we proclaim, that it is a gross act of tyranny and usurpation, to tax women without their consent, and we demand, either that women be represented by their own appointed representatives, or that they be freed from the imposition of taxes.
Resolved, That inasmuch as it is the fundamental principle of the Nation and of every State in this Union, that all "governments derive their just powers from the consent of the governed"—it is a manifest violation of the Supreme Law of the land for males to govern females without their consent; and therefore do we demand, of the people of New York, such a change in the Constitution of the State, as will secure to women the right of suffrage which is now so unjustly monopolized by men.
Resolved, That Elizabeth Cady Stanton, Samuel J. May, Ernestine L. Rose, William Hay, Susan B. Anthony, Burroughs Phillips, Antoinette L. Brown, W. H. Channing, and Lydia A. Jenkins, be a committee to prepare and to present an address to the Legislature of New York, at its next session, stating, as specifically as they shall see fit, the legal disabilities of women, and to ask a hearing before a joint committee, specially appointed to consider the whole subject of the just and equal rights of women.
Resolved, That Horace Greeley, Mary C. Vaughan, Abram Pryne, Sarah Pellet, and Matilda Joslyn Gage be a committee to prepare an address to capitalists and industrialists of New York, on the best modes of employing and remunerating the industry of women.
The President invited any one who saw errors or fallacies in the arguments brought forward, to make them apparent.
Mr. PRYNE, of Cazenovia, editor of the Progressive Christian, said: If women desire to enter the ordinary avocations of men, they must be brave enough to become shopkeepers and mechanics. There is no law to prevent it, neither is there to woman's voting. The men have made an arrangement by which their votes are not counted, but still they might provide ballot-boxes, and decide upon whom they would prefer as magistrates and legislators. A man who was thus voted to stay at home, by an overwhelming majority of women, even if elected by the men, would find himself in an uncomfortable position.
Mr. CHANNING said he understood that in a town in Ohio the women did so, and cast sixty votes.
Mr. PRYNE was glad to hear that there were practical women in Ohio. Man is where he is because he is what he is, and when woman gets the same elements of moral and physical power she will have no more wrongs to complain of.
Mrs. ROSE said it was a true maxim that he who would be free, himself must strike the blow. But woman could not, as things were, help herself. As well might the slaveholder say that the slave was fit for no other condition while he consents to occupy that position. To a certain extent this is true, and the same principles apply to both classes. But all human beings are not martyrs; the majority accept the conditions in which they find themselves, rather than make their lives one long struggle for freedom. Woman must be educated to take the stand which Mr. Pryne invites her to assume. The only object for which woman is now reared is to be married; and is she fitted even for that; to become a companion, an assistant, an aid, a comforter to man; and above all, a mother? That alone; to fit a woman for that sphere; she must possess all the extended education which would fit her to take any position in life to which man aspires.
MARY F. LOVE said there might be hindrances in the way of woman too great for her to surmount. Men in their straggles for liberty have sometimes met insuperable obstacles; there have been unsuccessful revolutions at all stages of human development.
FREDERICK DOUGLASS, in discussing the injustice to woman in the world of work, said: Some one whispers in my ear that as teachers women get one-fourth the pay men do, while a girl's tuition is the same as a boy's.
The PRESIDENT observed, that the girl gets twice as much education, being uniformly more studious and attentive.
E. A. HOPKINS, a lawyer of Rochester, spoke to the eighth resolution, which asks fora committee to examine the whole subject; he said: I believe if this question was properly presented to the Legislature, we might have well grounded hope for the relief of women from their legal disabilities, and indicated the amendments which ought to be made in the present laws regulating the relations of the married state. He argued against making the man and wife joint owners of property, execpt in certain specific cases.
Rev. Mr. CHANNING said that in Louisiana and California this joint ownership was recognized by the laws.
Mr. HOPKINS was not aware of that; and he did not see why labor, worth in the market no more than one or two dollars per week, should be paid for at the rate of, it may be, $200 per week. He thought the law should be altered so that the widow may have control of property while her children are minors. The right to vote, which was claimed under the idea that representation should go before taxation, he discussed with ability, taking ground against women voting. The arguments used by the other side were shown to be fallacious, or at least partaking of the aristocratic element. Women are already tried by "their peers," though not by those of their own sex. As to women holding office, this movement had proved the position of Dr. Channing, in his discussion with Miss Martineau, that "influence was good, and office bad." Women should be content to exercise influence, without seeking for the spoils and risking the temptations of office. He argued upon the maxim that "governments derive their just powers from the consent of the governed," contending that it was not true; those powers are derived from the majority who are brave enough to set up and sustain the government.[124]
Frederick Douglass, in the course of his remarks, said he had seen two young women assistants in the County Clerk's office, also young women going into printing-offices to set type; and he might have added the following, which we clip from the The Una of the same date:
Female compositors have been employed in the offices of the three Cincinnati daily papers which stood out against the demands of the Printer's Union. The Pittsburg Daily Dispatch is also set up entirely by females. The experiment was commenced on that paper two months ago, and the proprietors now announce its entire success. The Louisville Courier announces its intentions to try the experiment in the spring.
Wherever the change has been made it seems to be completely successful.—Courier and Enquirer.
Mr. MAY said: If a woman should not leave her family to go to the Legislature, neither should a man. The obligation is mutual: and while children require the care of both parents, both should share the duty, and not leave them from ambitious motives. It is only those who have well discharged their duties to their families who are fit to become legislators. We are now giving the nation into the hands of boys and half-grown men. Had we such women as Lucretia Mott and Angelina Grimke in the Legislature, there would be more wisdom there than we have to-day. When I look through the nation and see the shameful mismanagement, I am convinced that it is the result, in part, of the absence of the feminine element in high stations; it is because the maternal influence is wanting that we run riot as we do. The State is in a condition of half orphanage, and needs the care and guidance of a mother.
E. A. HOPKINS, Esq.: Thought the movement was not entirely timely, wise, and practicable, though parts of it might be. He took Up and answered each of the questions appended to the call for the Convention. His speech was characteristic of the lawyer, and the frequent recurrence of the idea, it is right because it is customary, will illustrate its moral character. He stated three several points where he thought woman was aggrieved and should have legislative redress. Office was a temptation, and he thought woman was better off without it.
Miss BROWN proposed that the men, for a while, be relieved from this great evil, and excused from the burdens of office. If this necessary duty was so burdensome, woman should be a helper and share its burdens with him. We are taught to be grateful for small favors. Our friend has been giving you milk, but to me it seems, even at that, diluted with water. There is one law, "All things whatsoever ye would that men should do to you, do ye even so to them." When our brothers are ready to be paid a dollar a week for keeping house and nursing the children, let them dictate this also to us. We women now offer to take the burden and responsibility of government upon ourselves. We would be willing to save our friends for a time from temptation and care, as they have so generously done by us; if we are to be satisfied with things as they are, so should the slave be. He should be grateful for the care of his master, for according to the established price paid for labor, he does not earn enough to take care of himself. We should be satisfied with our present license laws; they are right, just, and good, judged by our friend's reasoning. If our offer to rule alone is not liked, we are ready, then, to co-operate with man in this according to the original design and arrangement of the Creator.
Mr. HOPKINS opposed with several objections, one of which was, that private stations demand as high qualifications, and more surely command a just recompense, than public offices; woman has yet taken few lucrative private employments; why, then, till these are taken, should she seek for public office?
FREDERICK DOUGLASS again raised the inquiry, in the investment of money or the use of property, where there is joint ownership, and in regard to which there may be disagreement between husband and wife, how shall the matter be settled between them? Law is not a necessity of human nature; if love ruled, statutes would be obsolete; genuine marriages and harmonious co-operations would prevent any such necessity.
Miss BROWN proposed to reply in a word: Law must regulate differences where there is not true union, and as a business copartnership, if the matter could not be adjusted between themselves to mutual satisfaction, let it be referred to a third person; where it is a property transaction, let the usual business custom be observed; but if there be a difficulty of a different nature, so serious that the parties, bound to each other for life, can not enjoy existence together if they can not make each other happy, but are to each other a mutual source of discomfort, why, let them separate; let them not be divorced, but let them each be content to live alone for the good of society.
Mrs. LOVE, of Randolph, read an address, flowery in style, but full of truth, upon the discord that pervades social life. Homes should be reformed; from domestic uncongeniality spring the chief evils of society. She advised men and women to beware of inharmonious alliances, and made a touching appeal in behalf of the fallen of her sex.
Mr. CHANNING said: Whenever he heard a woman, in face of existing prejudices, speak the simple truth in regard to the social wrongs of her sisters, as Mrs. Love had done, asking no leave of the Convention, and making no apology for her sincere words, however they might startle false delicacy, he felt bound as a man, and in the name of man, to offer her the tribute of his hearty respect.
Mr. Channing presented two forms of petitions—one for property rights, the other for suffrage—which were adopted. Rev. Lydia A. Jenkins read a carefully prepared address. Emma R. Coe made a full review of the laws, which, at that early day, was the burden of almost every speech. At the close of the sixth session, the audiences having grown larger and larger, until the spacious and beautiful Corinthian Hall was packed to its utmost, the Convention adjourned, to begin its real work in canvassing the State with lectures and petitions, preparing an address to the Legislature, securing a hearing, and holding a Convention at Albany during the coming session of that body.
An appeal[125] to the women of the State was at once issued, and all editors requested to publish it with the forms of petitions. The responses came back in the form of 13,000 signatures in two months, gathered in thirty out of the sixty counties of the Empire State. The lecturers were: Susan B. Anthony, Mary F. Love, Sarah Pellet, Lydia A. Jenkins, and Matilda Joslyn Gage. Over sixty women were engaged in the work of circulating the petitions.
Horace Greeley, chairman of the Committee on Industry, published in The New York Tribune the following report:
WOMAN AND WORK.
Whether women should or should not be permitted to vote, to hold office, to serve on juries, and to officiate as lawyers, doctors, or divines, are questions about which a diversity of opinions is likely long to exist. But that the current rates of remuneration for woman's work are entirely, unjustly inadequate, is a proposition which needs only to be considered to insure its hearty acceptance by every intelligent, justice-loving human being. Consider a few facts:
Every able-bodied man inured to labor, though of the rudest sort, who steps on shore in America from Europe, is worth a dollar per day, and can readily command it. Though he only knows how to wield such rude, clumsy implements as the pick and spade, there are dozens of places where his services are in request at a dollar per day the year through, and he can even be transported hence to the place where his services are wanted, on the strength of his contract to work and the credit of his future earnings. We do not say this is the case every day in the year, for it may not be at this most inclement and forbidding season; but it is the general fact, as every one knows. And any careful, intelligent, resolute male laborer is morally certain to rise out of the condition of a mere shoveler, into a position where the work is lighter and the pay better after a year or two of faithful service.
But the sister of this same faithful worker, equally careful, intelligent, and willing to do anything honest and reputable for a living, finds no such chances proffered her. No agent meets her on the dock to persuade her to accept a passage to Illinois or Upper Canada, there to be employed on fair work at a dollar per day and expectations. On the contrary, she may think herself fortunate if a week's search opens to her a place where by the devotion of all her waking hours she can earn five to six dollars per month, with a chance of its increase, after several years' faithful service, to seven or eight dollars at most.
The brother is in many respects the equal of his employer; may sit down beside him at the hotel where they both stop for dinner; their votes may balance each other at any election; the laborer lives with those whose company suits him, and needs no character from his last place to secure him employment or a new job when he gets tired of the old one. But the sister never passes out of the atmosphere of caste—of conscious and galling inferiority to those with whom her days must be spent. There is no election day in her year, and but the ghost of a Fourth of July. She must live not with those she likes, but with those who want her; she is not always safe from libertine insult in what serves her for a home; she knows no ten-hour rule, and would not dare to claim its protection if one were enacted. Though not a slave by law, she is too often as near it in practice as one legally free can be.
Now this disparity between the rewards of man's and woman's labor at the base of the social edifice, is carried up to its very pinnacle. Of a brother and sister equally qualified and effective as teachers, the brother will receive twice as much compensation as the sister. The mistress who conducts the rural district school in summer, usually receives less than half the monthly stipend that her brother does for teaching that same school in winter, when time and work are far less valuable; and here there can be no pretence of a disparity in capacity justifying that in wages. Between male and female workers in the factories and mills, the same difference is enforced.
Who does not feel that this is intrinsically wrong? that the sister ought to have equal (not necessarily identical) opportunities with the brother—should be as well taught, industrially as well as intellectually, and her compensation made to correspond with her capacity, upon a clear understanding of the fact that, though her muscular power is less than his, yet her dexterity and celerity of manipulation are greater?
Where does the wrong originate? Suppose that, by some inexorable law in the spirit of Hindoo caste, it were settled that negroes, regardless of personal capacity, could do nothing for a living but black boots, and that red-haired men were allowed to engage in no avocation except horse-currying; who does not perceive that, though boot-blacking and horse-currying might be well and cheaply done, black-skinned and also red-haired men would have but a sorry chance for making a living? Who does not see that their wages, social standing, and means of securing independence, would be far inferior to those they now enjoy?
The one great cause, therefore, of the inadequate compensation and inferior position of woman, is the unjust apportionment of avocation. Man has taken the lion's share to himself, and allotted the residue to woman, telling her to take that and be content with it, if she don't want to be regarded as a forward, indelicate, presuming, unwomanly creature, who is evidently no better than she should be. And woman has come for the most part to accept the lot thus assigned her, with thankfulness, or, rather, without thought, just as the Mussulman's wife rejoices in her sense of propriety which will not permit her to show her face in the street, and the Brahmin widow immolates herself on the funeral pyre of her husband.
What is the appropriate remedy?
Primarily and mainly, a more rational and healthful public sentiment with regard to woman's work; a sentiment which shall welcome her to every employment wherein she may be useful and efficient without necessarily compromising her purity or overtasking her strength. Let her be encouraged to open a store, to work a garden, plant and tend an orchard, to learn any of the lighter mechanical trades, to study for a profession, whenever her circumstances and her tastes shall render any of these desirable. Let woman, and the advocates of justice to women, encourage and patronize her in whatever laudable pursuits she may thus undertake; let them give a preference to dry-goods stores wherein the clerks are mainly women; and so as to hotels where they wait at table, mechanics' shops in which they are extensively employed and fairly paid. Let the ablest of the sex be called to the lecture-room, to the temperance rostrum, etc.; and whenever a post-office falls vacant and a deserving woman is competent to fill and willing to take it, let her be appointed, as a very few have already been. There will always be some widow of a poor clergyman, doctor, lawyer, or other citizens prematurely cut off, who will be found qualified for and glad to accept such a post if others will suggest her name and procure her appointment. Thus abstracting more and more of the competent and energetic from the restricted sphere wherein they now struggle with their sister for a meager and precarious subsistence, the greater mass of self-subsisting women will find the demand for their labor gradually increasing and its recompense proportionally enhancing. With a larger field and more decided usefulness will come a truer and deeper respect; and woman, no longer constrained to marry for a position, may always wait to marry worthily and in obedience to the dictates of sincere affection. Hence constancy, purity, mutual respect, a just independence and a little of happiness, may be reasonably anticipated.
HORACE GREELEY, MARY VAUGHAN, ABRAHAM PRYNE, SARAH PELLET, MATILDA JOSLYN GAGE.
ALBANY CONVENTION.
FEBRUARY 14 AND 15, 1854.
Although the weather was inclement, a large audience assembled in Association Hall on the morning of the 14th, representing the different portions of the State. Susan B. Anthony called the Convention to order and read the call, which had been written by Rev. Wm. Henry Channing, and published in all the leading papers of the State.
JUSTICE TO WOMEN—CONVENTION AT ALBANY, FEB. 14 AND 15, 1854.
The petition asking for such amendments in the Statutes and Constitution of New York as will secure to the women of the State legal equality with the men, and to females equally with the males a right to suffrage, will be presented to the Legislature about the middle of February. We, the Committee appointed at the Convention held at Rochester in December—by whose authority these petitions were issued—do hereby invite all fellow-citizens, of either sex, who are in favor of these measures, to assemble in Convention, at Albany, on Tuesday and Wednesday, February 14th and 15th.
The so-called "Woman's Rights Movement" has been so much misrepresented, that it is desirable to make the appeal for justice earnest, imposing, and effective, by showing how eminently equitable are its principles, how wise and practical are its measures. Let the serious-minded, generous, hopeful men and women of New York then gather in council, to determine whether there is anything irrational or revolutionary in the proposal that fathers, brothers, husbands, sons, should treat their daughters, sisters, wives, and mothers as their peers. This reform is designed, by its originators, to make woman womanly in the highest sense of that term—to exalt, not to degrade—to perfect, not to impair her refining influence in every sphere. The demand is made only to take off burdens, to remove hindrances, to leave women free as men are free, to follow conscience and judgment in all scenes of duty. On what ground—except the right of might—do men, claiming to be Republicans and Christians, deny to woman privileges which they would die to gain and keep for themselves? What evil—what but good can come from enlarging woman's power of usefulness? How can society be otherwise than a gainer by the increased moral and mental influence of one-half of its members? Let these and similar questions be fairly, candidly, thoroughly discussed in the hearing of the Legislature of New York.
Come then, fellow-citizens, to this Convention prepared to speak, to hear, to act. Lucy Stone, Wendell Phillips, Mrs. C. I. H. Nichols, and other earnest friends of the cause from New England and the West, as well as from our own State, are to be with us. And may the spirit of Truth preside over all.
ELIZABETH C. STANTON, SAMUEL J. MAY, ERNESTINE L. ROSE, ANTOINETTE L. BROWN, WILLIAM HENRY CHANNING, WM. HAY, BURROUGHS PHILLIPS, LYDIA ANN JENKINS, SUSAN B. ANTHONY.
Those having petitions in their hands will please send them to Susan B. Anthony, Rochester, until the first of February, after which they should be forwarded to Lydia Mott, Albany.
N. B.—Editors please copy. January 23, 1854.
The officers[126] of the Convention being reported, Mrs. Elizabeth Cady Stanton (President) took the chair, and after returning her acknowledgments for the honor conferred, introduced Rev. Antoinette L. Brown, who read a series of resolutions:
1. Resolved, That the men who claim to be Christian Republicans, and yet class their mothers, sisters, wives, and daughters among aliens, criminals, idiots, and minors, unfit to be their coequal citizens, are guilty of absurd inconsistency and presumption; that for males to govern females, without consent asked or granted, is to perpetuate an aristocracy, utterly hostile to the principles and spirit of free institutions; and that it is time for the people of the United States and every State in the Union to put away forever that remnant of despotism and feudal oligarchy, the caste of sex.
2. Resolved, That women are human beings whose rights correspond with their duties; that they are endowed with conscience, reason, affection, and energy, for the use of which they are individually responsible; that like men they are bound to advance the cause of truth, justice, and universal good in the society and nation of which they are members; that in these United States women constitute one-half the people; men constitute the other half; that women are no more free in honor than men are to withhold their influence and example from patriotic and philanthropic movements, and that men who deny women to be their peers, and who shut them out from exercising a fair share of power in the body politic, are arrogant usurpers, whose only apology is to be found in prejudices transmitted from half-civilized and half-christianized ages.
WHEREAS, The family is the nursery of the State and the Church—the God-appointed seminary of the human race. Therefore
3. Resolved, That the family, by men as well as women, should be held more sacred than all other institutions; that it may not, without sin, be abandoned or neglected by fathers any more than by mothers, for the sake of any of the institutions devised by men—for the government of the State or the Nation any more than for the voluntary association of social reformers.
4. Resolved, That women's duties and rights as daughters, sisters, wives, and mothers, are not bounded within the circle of home; that in view of the sacredness of their relations, they are not free to desert their fathers, brothers, husbands, and sons amidst scenes of business, politics, and pleasure, and to leave them alone in their struggles and temptations, but that as members of the human family, for the sake of human advancement, women are bound as widely as possible to give to men the influence of their aid and presence; and finally, that universal experience attests that those nations and societies are most orderly, high-toned, and rich in varied prosperity, where women most freely intermingle with men in all spheres of active life.
5. Resolved, That the fundamental error of the whole structure of legislation and custom, whereby women are practically sustained, even in this republic, is the preposterous fiction of law, that in the eye of the law the husband and wife are one person, that person being the husband; that this falsehood itself, the deposit of barbarism, tends perpetually to brutalize the marriage relation by subjecting wives as irresponsible tools to the capricious authority of husbands; that this degradation of married women re-acts inevitably to depress the condition of single women, by impairing their own self-respect and man's respect for them; and that the final result is that system of tutelage miscalled protection, by which the industry of women is kept on half-pay, their affections trifled with, their energies crippled, and even their noblest aspirations wasted away in vain efforts, ennui, and regret.
6. Resolved, That in consistency with the spirit and intent of the Statutes of New York, enacted in 1848 and 1849, the design of which was to secure to married women the entire control of their property, it is the duty of the Legislature to make such amendments in the laws of the State as will enable married women to conduct business, to form contracts, to sue and be sued in their own names—to receive and hold the gains of their industry, and be liable for their own debts so far as their interests are separate from those of their husbands—to become joint owners in the joint earnings of the partnership, so far as these interests are identified—to bear witness for or against their husbands, and generally to be held responsible for their own deeds.
7. Resolved, That as acquiring property by all just and laudable means, and the holding and devising of the same is a human right, women married and single are entitled to this right, and all the usages or laws which withhold it from them are manifestly unjust.
8. Resolved, That every argument in favor of universal suffrage for males is equally in favor of universal suffrage for females, and therefore if men may claim the right of suffrage as necessary to the protection of all their rights in any Government, so may women for the same reason.
9. Resolved, That if man as man, has any peculiar claim to a representation in the government, for himself, woman as woman, has a paramount claim to an equal representation for herself.
10. Resolved, Therefore, that whether you regard woman as like or unlike man, she is in either case entitled to an equal joint participation with him in all civil rights and duties.
11. Resolved, That although men should grant us every specific claim, we should hold them all by favor rather than right, unless they also concede, and we exercise, the right of protecting ourselves by the elective franchise.
12. Resolved, That if the essence of a trial by an "impartial jury" be a trial by one's own equals, then has never a woman enjoyed that privilege in the hour of her need as a culprit. We, therefore, respectfully demand of our Legislature that, at least, the right of such trial by jury be accorded to women equally with men—that women be eligible to the jury-box, whenever one of their own sex is arraigned at the bar.
13. Resolved, That could the women of the State be heard on this question, we should find the mass with us; as the mother's reluctance to give up the guardianship of her children; the wife's unwillingness to submit to the abuse of a drunken husband, the general sentiment in favor of equal property rights, and the thousands of names in favor of our petition, raised with so little effort, conclusively prove.
WHEREAS, The right of petition is guaranteed to every member of this republic; therefore
14. Resolved, That it is the highest duty of legislators impartially to investigate all claims for the redress of wrong, and alter and amend such laws as prevent the administration of justice and equal rights to all.
Resolved, That all true-hearted men and women pledge themselves never to relinquish their unceasing efforts in behalf of the full and equal rights of women, until we have effaced the stigma resting on this republic, that while it theoretically proclaims that all men are created equal, deprives one-half of its members of the enjoyment of the rights and privileges possessed by the other.
The salient points of the question as embodied in the resolutions and the address were ably presented by William Henry Channing, Samuel J. May, Mrs. Nichols, Mrs. Rose, Mrs. Love, Miss Brown, Miss Anthony, Mrs. Jenkins, Hon. William Hay, and Giles B. Stebbins. At the evening session Mrs. Stanton read her address prepared for the Legislature, which Miss Anthony had stereotyped and published. A copy was laid on the desk of every legislator, and twenty thousand scattered like snow-flakes over the State.
MRS. STANTON'S ADDRESS.
To the Legislature of the State of New York:
"The thinking minds of all nations call for change. There is a deep-lying struggle in the whole fabric of society; a boundless, grinding collision of the New with the Old."
The tyrant, Custom, has been summoned before the bar of Common-Sense. His majesty no longer awes the multitude—his sceptre is broken—his crown is trampled in the dust—the sentence of death is pronounced upon him. All nations, ranks, and classes have, in turn, questioned and repudiated his authority; and now, that the monster is chained and caged, timid woman, on tiptoe, comes to look him in the face, and to demand of her brave sires and sons, who have struck stout blows for liberty, if, in this change of dynasty, she, too, shall find relief. Yes, gentlemen, in republican America, in the nineteenth century, we, the daughters of the revolutionary heroes of '76, demand at your hands the redress of our grievances—a revision of your State Constitution—a new code of laws. Permit us then, as briefly as possible, to call your attention to the legal disabilities under which we labor.
1st. Look at the position of woman as woman. It is not enough for us that, by your laws we are permitted to live and breathe, to claim the necessaries of life from our legal protectors—to pay the penalty of our crimes; we demand the full recognition of all our rights as citizens of the Empire State. We are persons; native, free-born citizens; property-holders, tax-payers; yet are we denied the exercise of our right to the elective franchise. We support ourselves, and, in part, your schools, colleges, churches, your poor-houses, jails, prisons, the army, the navy, the whole machinery of government, and yet we have no voice in your councils. We have every qualification required by the Constitution, necessary to the legal voter, but the one of sex. We are moral, virtuous, and intelligent, and in all respects quite equal to the proud white man himself, and yet by your laws we are classed with idiots, lunatics, and negroes; and though we do not feel honored by the place assigned us, yet, in fact, our legal position is lower than that of either; for the negro can be raised to the dignity of a voter if he possess himself of $250; the lunatic can vote in his moments of sanity, and the idiot, too, if he be a male one, and not more than nine-tenths a fool; but we, who have guided great movements of charity, established missions, edited journals, published works on history, economy, and statistics; who have governed nations, led armies, filled the professor's chair, taught philosophy and mathematics to the savants of our age, discovered planets, piloted ships across the sea, are denied the most sacred rights of citizens, because, forsooth, we came not into this republic crowned with the dignity of manhood! Woman is theoretically absolved from all allegiance to the laws of the State. Sec. 1, Bill of Rights, 2 R. S., 301, says that no authority can, on any pretence whatever, be exercised over the citizens of this State but such as is or shall be derived from, and granted by the people of this State.
Now, gentlemen, we would fain know by what authority you have disfranchised one-half the people of this State? You who have so boldly taken possession of the bulwarks of this republic, show us your credentials, and thus prove your exclusive right to govern, not only yourselves, but us. Judge Hurlburt, who has long occupied a high place at the bar in this State, and who recently retired with honor from the bench of the Supreme Court, in his profound work on Human Rights, has pronounced your present position rank usurpation. Can it be that here, where we acknowledge no royal blood, no apostolic descent, that you, who have declared that all men were created equal—that governments derive their just powers from the consent of the governed, would willingly build up an aristocracy that places the ignorant and vulgar above the educated and refined—the alien and the ditch-digger above the authors and poets of the day—an aristocracy that would raise the sons above the mothers that bore them? Would that the men who can sanction a Constitution so opposed to the genius of this government, who can enact and execute laws so degrading to womankind, had sprung, Minerva-like, from the brains of their fathers, that the matrons of this republic need not blush to own their sons!
Woman's position, under our free institutions, is much lower than under the monarchy of England. "In England the idea of woman holding official station is not so strange as in the United States. The Countess of Pembroke, Dorset, and Montgomery held the office of hereditary sheriff of Westmoreland, and exercised it in person. At the assizes at Appleby, she sat with the judges on the bench. In a reported case, it is stated by counsel, and substantially assented to by the court, that a woman is capable of serving in almost all the offices of the kingdom, such as those of queen, marshal, great chamberlain and constable of England, the champion of England, commissioner of sewers, governor of work-house, sexton, keeper of the prison, of the gate-house of the dean and chapter of Westminster, returning officer for members of Parliament, and constable, the latter of which is in some respects judicial. The office of jailor is frequently exercised by a woman.
"In the United States a woman may administer on the effects of her deceased husband, and she has occasionally held a subordinate place in the post-office department. She has therefore a sort of post mortem, post-mistress notoriety; but with the exception of handling letters of administration and letters mailed, she is the submissive creature of the old common law." True, the unmarried woman has a right to the property she inherits and the money she earns, but she is taxed without representation. And here again you place the negro, so unjustly degraded by you, in a superior position to your own wives and mothers; for colored males, if possessed of a certain amount of property and certain other qualifications, can vote, but if they do not have these qualifications they are not subject to direct taxation; wherein they have the advantage of woman, she being subject to taxation for whatever amount she may possess. (Constitution of New York, Article 2, Sec. 2). But, say you, are not all women sufficiently represented by their fathers, husbands, and brothers? Let your statute books answer the question.
Again we demand in criminal cases that most sacred of all rights, trial by a jury of our own peers. The establishment of trial by jury is of so early a date that its beginning is lost in antiquity; but the right of trial by a jury of one's own peers is a great progressive step of advanced civilization. No rank of men have ever been satisfied with being tried by jurors higher or lower in the civil or political scale than themselves; for jealousy on the one hand, and contempt on the other, has ever effectually blinded the eyes of justice. Hence, all along the pages of history, we find the king, the noble, the peasant, the cardinal, the priest, the layman, each in turn protesting against the authority of the tribunal before which they were summoned to appear. Charles the First refused to recognize the competency of the tribunal which condemned him: For how, said he, can subjects judge a king? The stern descendants of our Pilgrim Fathers refused to answer for their crimes before an English Parliament. For how, said they, can a king judge rebels? And shall woman here consent to be tried by her liege lord, who has dubbed himself law-maker, judge, juror, and sheriff too?—whose power, though sanctioned by Church and State, has no foundation in justice and equity, and is a bold assumption of our inalienable rights. In England a Parliament-lord could challenge a jury where a knight was not empanneled; an alien could demand a jury composed half of his own countrymen; or, in some special cases, juries were even constituted entirely of women. Having seen that man fails to do justice to woman in her best estate, to the virtuous, the noble, the true of our sex, should we trust to his tender mercies the weak, the ignorant, the morally insane? It is not to be denied that the interests of man and woman in the present undeveloped state of the race, and under the existing social arrangements, are and must be antagonistic. The nobleman can not make just laws for the peasant; the slaveholder for the slave; neither can man make and execute just laws for woman, because in each case, the one in power fails to apply the immutable principles of right to any grade but his own.
Shall an erring woman be dragged before a bar of grim-visaged judges, lawyers, and jurors, there to be grossly questioned in public on subjects which women scarce breathe in secret to one another? Shall the most sacred relations of life be called up and rudely scanned by men who, by their own admission, are so coarse that women could not meet them even at the polls without contamination? and yet shall she find there no woman's face or voice to pity and defend? Shall the frenzied mother, who, to save herself and child from exposure and disgrace, ended the life that had but just begun, be dragged before such a tribunal to answer for her crime? How can man enter into the feelings of that mother? How can he judge of the agonies of soul that impelled her to such an outrage of maternal instincts? How can he weigh the mountain of sorrow that crushed that mother's heart when she wildly tossed her helpless babe into the cold waters of the midnight sea? Where is he who by false vows thus blasted this trusting woman? Had that helpless child no claims on his protection? Ah, he is freely abroad in the dignity of manhood, in the pulpit, on the bench, in the professor's chair. The imprisonment of his victim and the death of his child, detract not a tithe from his standing and complacency. His peers made the law, and shall law-makers lay nets for those of their own rank? Shall laws which come from the logical brain of man take cognizance of violence done to the moral and affectional nature which predominates, as is said, in woman?
Statesmen of New York, whose daughters, guarded by your affection, and lapped amidst luxuries which your indulgence spreads, care more for their nodding plumes and velvet trains than for the statute laws by which their persons and properties are held—who, blinded by custom and prejudice to the degraded position which they and their sisters occupy in the civil scale, haughtily claim that they already have all the rights they want, how, think ye, you would feel to see a daughter summoned for such a crime—and remember these daughters are but human—before such a tribunal? Would it not, in that hour, be some consolation to see that she was surrounded by the wise and virtuous of her own sex; by those who had known the depth of a mother's love and the misery of a lover's falsehood; to know that to these she could make her confession, and from them receive her sentence? If so, then listen to our just demands and make such a change in your laws as will secure to every woman tried in your courts, an impartial jury. At this moment among the hundreds of women who are shut up in prisons in this State, not one has enjoyed that most sacred of all rights—that right which you would die to defend for yourselves—trial by a jury of one's peers.
2d. Look at the position of woman as wife. Your laws relating to marriage—founded as they are on the old common law of England, a compound of barbarous usages, but partially modified by progressive civilization—are in open violation of our enlightened ideas of justice, and of the holiest feelings of our nature. If you take the highest view of marriage, as a Divine relation, which love alone can constitute and sanctify, then of course human legislation can only recognize it. Men can neither bind nor loose its ties, for that prerogative belongs to God alone, who makes man and woman, and the laws of attraction by which they are united. But if you regard marriage as a civil contract, then let it be subject to the same laws which control all other contracts. Do not make it a kind of half-human, half-divine institution, which you may build up, but can not regulate. Do not, by your special legislation for this one kind of contract, involve yourselves in the grossest absurdities and contradictions.
So long as by your laws no man can make a contract for a horse or piece of land until he is twenty-one years of age, and by which contract he is not bound if any deception has been practiced, or if the party contracting has not fulfilled his part of the agreement—so long as the parties in all mere civil contracts retain their identity and all the power and independence they had before contracting, with the full right to dissolve all partnerships and contracts for any reason, at the will and option of the parties themselves, upon what principle of civil jurisprudence do you permit the boy of fourteen and the girl of twelve, in violation of every natural law, to make a contract more momentous in importance than any other, and then hold them to it, come what may, the whole of their natural lives, in spite of disappointment, deception, and misery? Then, too, the signing of this contract is instant civil death to one of the parties. The woman who but yesterday was sued on bended knee, who stood so high in the scale of being as to make an agreement on equal terms with a proud Saxon man, to-day has no civil existence, no social freedom. The wife who inherits no property holds about the same legal position that does the slave on the Southern plantation. She can own nothing, sell nothing. She has no right even to the wages she earns; her person, her time, her services are the property of another. She can not testify, in many cases, against her husband. She can get no redress for wrongs in her own name in any court of justice. She can neither sue nor be sued. She is not held morally responsible for any crime committed in the presence of her husband, so completely is her very existence supposed by the law to be merged in that of another. Think of it; your wives may be thieves, libelers, burglars, incendiaries, and for crimes like these they are not held amenable to the laws of the land, if they but commit them in your dread presence. For them, alas! there is no higher law than the will of man. Herein behold the bloated conceit of these Petruchios of the law, who seem to say:
"Nay, look not big, nor stamp, nor stare, nor fret, I will be master of what is mine own; She is my goods, my chattels; she is my house, My household stuff, my field, my barn, My horse, my ox, my ass, my anything; And here she stands, touch her whoever dare; I'll bring my action on the proudest he, That stops my way, in Padua."
How could man ever look thus on woman? She, at whose feet Socrates learned wisdom—she, who gave to the world a Saviour, and witnessed alike the adoration of the Magi and the agonies of the cross. How could such a being, so blessed and honored, ever become the ignoble, servile, cringing slave, with whom the fear of man could be paramount to the sacred dictates of conscience and the holy love of Heaven? By the common law of England, the spirit of which has been but too faithfully incorporated into our statute law, a husband has a right to whip his wife with a rod not larger than his thumb, to shut her up in a room, and administer whatever moderate chastisement he may deem necessary to insure obedience to his wishes, and for her healthful moral development! He can forbid all persons harboring or trusting her on his account. He can deprive her of all social intercourse with her nearest and dearest friends. If by great economy she accumulates a small sum, which for future need she deposit, little by little, in a savings bank, the husband has a right to draw it out, at his option, to use it as he may see fit.
"Husband is entitled to wife's credit or business talents (whenever their inter-marriage may have occurred); and goods purchased by her on her own credit, with his consent, while cohabiting with him, can be seized and sold in execution against him for his own debts, and this, though she carry on business in her own name."—7 Howard's Practice Reports, 105, Lovett agt. Robinson and Whitbeck, sheriff, etc.
"No letters of administration shall be granted to a person convicted of infamous crime; nor to any one incapable by law of making a contract; nor to a person not a citizen of the United States, unless such person reside within this State; nor to any one who is under twenty-one years of age; nor to any person who shall be adjudged incompetent by the surrogate to execute duties of such trust, by reason of drunkenness, improvidence, or want of understanding, nor to any married woman; but where a married woman is entitled to administration, the same may be granted to her husband in her right and behalf."
There is nothing that an unruly wife might do against which the husband has not sufficient protection in the law. But not so with the wife. If she have a worthless husband, a confirmed drunkard, a villain, or a vagrant, he has still all the rights of a man, a husband, and a father. Though the whole support of the family be thrown upon the wife, if the wages she earns be paid to her by her employer, the husband can receive them again. If, by unwearied industry and perseverance, she can earn for herself and children a patch of ground and a shed to cover them, the husband can strip her of all her hard earnings, turn her and her little ones out in the cold northern blast, take the clothes from their backs, the bread from their mouths; all this by your laws may he do, and has he done, oft and again, to satisfy the rapacity of that monster in human form, the rum-seller.
But the wife who is so fortunate as to have inherited property, has, by the new law in this State, been redeemed from her lost condition. She is no longer a legal nonentity. This property law, if fairly construed, will overturn the whole code relating to woman and property. The right to property implies the right to buy and sell, to will and bequeath, and herein is the dawning of a civil existence for woman, for now the "femme covert" must have the right to make contracts. So, get ready, gentlemen; the "little justice" will be coming to you one day, deed in hand, for your acknowledgment. When he asks you "if you sign without fear or compulsion," say yes, boldly, as we do. Then, too, the right to will is ours. Now what becomes of the "tenant for life"? Shall he, the happy husband of a millionaire, who has lived in yonder princely mansion in the midst of plenty and elegance, be cut down in a day to the use of one-third of this estate and a few hundred a year, as long he remains her widower? And should he, in spite of this bounty on celibacy, impelled by his affections, marry again, choosing for a wife a woman as poor as himself, shall he be thrown penniless on the cold world—this child of fortune, enervated by ease and luxury, henceforth to be dependent wholly on his own resources? Poor man! He would be rich, though, in the sympathies of many women who have passed through just such an ordeal. But what is property without the right to protect that property by law? It is mockery to say a certain estate is mine, if, without my consent, you have the right to tax me when and how you please, while I have no voice in making the tax-gatherer, the legislator, or the law. The right to property will, of necessity, compel us in due time to the exercise of our right to the elective franchise, and then naturally follows the right to hold office.
3d. Look at the position of woman as widow. Whenever we attempt to point out the wrongs of the wife, those who would have us believe that the laws can not be improved, point us to the privileges, powers, and claims of the widow. Let us look into these a little. Behold in yonder humble house a married pair, who, for long years, have lived together, childless and alone. Those few acres of well-tilled land, with the small, white house that looks so cheerful through its vines and flowers, attest the honest thrift and simple taste of its owners. This man and woman, by their hard days' labor, have made this home their own. Here they live in peace and plenty, happy in the hope that they may dwell together securely under their own vine and fig-tree for the few years that remain to them, and that under the shadow of these trees, planted by their own hands, and in the midst of their household gods, so loved and familiar, they may take their last farewell of earth. But, alas for human hopes! the husband dies, and without a will, and the stricken widow, at one fell blow, loses the companion of her youth, her house and home, and half the little sum she had in bank. For the law, which takes no cognizance of widows left with twelve children and not one cent, instantly spies out this widow, takes account of her effects, and announces to her the startling intelligence that but one-third of the house and lot, and one-half the personal property, are hers. The law has other favorites with whom she must share the hard-earned savings of years. In this dark hour of grief, the coarse minions of the law gather round the widow's hearth-stone, and, in the name of justice, outrage all natural sense of right; mock at the sacredness of human love, and with cold familiarity proceed to place a moneyed value on the old arm-chair, in which, but a few brief hours since, she closed the eyes that had ever beamed on her with kindness and affection; on the solemn clock in the corner, that told the hour he passed away; on every garment with which his form and presence were associated, and on every article of comfort and convenience that the house contained, even down to the knives and forks and spoons—and the widow saw it all—and when the work was done, she gathered up what the law allowed her and went forth to seek another home! This is the much-talked-of widow's dower. Behold the magnanimity of the law in allowing the widow to retain a life interest in one-third the landed estate, and one-half the personal property of her husband, and taking the lion's share to itself! Had she died first, the house and land would all have been the husband's still. No one would have dared to intrude upon the privacy of his home, or to molest him in his sacred retreat of sorrow. How, I ask you, can that be called justice, which makes such a distinction as this between man and woman?
By management, economy, and industry, our widow is able, in a few years, to redeem her house and home. But the law never loses sight of the purse, no matter how low in the scale of being its owner may be. It sends its officers round every year to gather in the harvest for the public crib, and no widow who owns a piece of land two feet square ever escapes this reckoning. Our widow, too, who has now twice earned her home, has her annual tax to pay also—a tribute of gratitude that she is permitted to breathe the free air of this republic, where "taxation without representation," by such worthies as John Hancock and Samuel Adams, has been declared "intolerable tyranny." Having glanced at the magnanimity of the law in its dealings with the widow, let us see how the individual man, under the influence of such laws, doles out justice to his helpmate. The husband has the absolute right to will away his property as he may see fit. If he has children, he can divide his property among them, leaving his wife her third only of the landed estate, thus making her a dependent on the bounty of her own children. A man with thirty thousand dollars in personal property, may leave his wife but a few hundred a year, as long as she remains his widow.
The cases are without number where women, who have lived in ease and elegance, at the death of their husbands have, by will, been reduced to the bare necessaries of life. The man who leaves his wife the sole guardian of his property and children is an exception to the general rule. Man has ever manifested a wish that the world should indeed be a blank to the companion whom he leaves behind him. The Hindoo makes that wish a law, and burns the widow on the funeral pyre of her husband; but the civilized man, impressed with a different view of the sacredness of life, takes a less summary mode of drawing his beloved partner after him; he does it by the deprivation and starvation of the flesh, and the humiliation and mortification of the spirit. In bequeathing to the wife just enough to keep soul and body together, man seems to lose sight of the fact that woman, like himself, takes great pleasure in acts of benevolence and charity. It is but just, therefore, that she should have it in her power to give during her life, and to will away at her death, as her benevolence or obligations might prompt her to do.
4th. Look at the position of woman as mother. There is no human love so strong and steadfast as that of the mother for her child; yet behold how ruthless are your laws touching this most sacred relation. Nature has clearly made the mother the guardian of the child; but man, in his inordinate love of power, does continually set nature and nature's laws at open defiance. The father may apprentice his child, bind him out to a trade, without the mother's consent—yea, in direct opposition to her most earnest entreaties, prayers and tears.
He may apprentice his son to a gamester or rum-seller, and thus cancel his debts of honor. By the abuse of this absolute power, he may bind his daughter to the owner of a brothel, and, by the degradation of his child, supply his daily wants: and such things, gentlemen, have been done in our very midst. Moreover, the father, about to die, may bind out all his children wherever and to whomsoever he may see fit, and thus, in fact, will away the guardianship of all his children from the mother. The Revised Statutes of New York provide that "every father, whether of full age or a minor, of a child to be born, or of any living child under the age of twenty-one years, and unmarried, may by his deed or last will, duly executed, dispose of the custody and tuition of such child during its minority, or for any less time, to any person or persons, in possession or remainder." 2 R. S., page 150, sec. 1. Thus, by your laws, the child is the absolute property of the father, wholly at his disposal in life or at death.
In case of separation, the law gives the children to the father; no matter what his character or condition. At this very time we can point you to noble, virtuous, well-educated mothers in this State, who have abandoned their husbands for their profligacy and confirmed drunkenness. All these have been robbed of their children, who are in the custody of the husband, under the care of his relatives, whilst the mothers are permitted to see them but at stated intervals. But, said one of these mothers, with a grandeur of attitude and manner worthy the noble Roman matron in the palmiest days of that republic, I would rather never see my child again, than be the medium to hand down the low animal nature of its father, to stamp degradation on the brow of another innocent being. It is enough that one child of his shall call me mother.
If you are far-sighted statesmen, and do wisely judge of the interests of this commonwealth, you will so shape your future laws as to encourage woman to take the high moral ground that the father of her children must be great and good. Instead of your present laws, which make the mother and her children the victims of vice and license, you might rather pass laws prohibiting to all drunkards, libertines, and fools, the rights of husbands and fathers. Do not the hundreds of laughing idiots that are crowding into our asylums, appeal to the wisdom of our statesmen for some new laws on marriage—to the mothers of this day for a higher, purer morality?
Again, as the condition of the child always follows that of the mother, and as by the sanction of your laws the father may beat the mother, so may he the child. What mother can not bear me witness to untold sufferings which cruel, vindictive fathers have visited upon their helpless children? Who ever saw a human being that would not abuse unlimited power? Base and ignoble must that man be who, let the provocation be what it may, would strike a woman; but he who would lacerate a trembling child is unworthy the name of man. A mother's love can be no protection to a child; she can not appeal to you to save it from a father's cruelty, for the laws take no cognizance of the mother's most grievous wrongs. Neither at home nor abroad can a mother protect her son. Look at the temptations that surround the paths of our youth at every step; look at the gambling and drinking saloons, the club rooms, the dens of infamy and abomination that infest all our villages and cities—slowly but surely sapping the very foundations of all virtue and strength.
By your laws, all these abominable resorts are permitted. It is folly to talk of a mother moulding the character of her son, when all mankind, backed up by law and public sentiment, conspire to destroy her influence. But when woman's moral power shall speak through the ballot-box, then shall her influence be seen and felt; then, in our legislative debates, such questions as the canal tolls on salt, the improvement of rivers and harbors, and the claims of Mr. Smith for damages against the State, would be secondary to the consideration of the legal existence of all these public resorts, which lure our youth on to excessive indulgence and destruction.
Many times and oft it has been asked us, with, unaffected seriousness, "What do you women want? What are you aiming at?" Many have manifested a laudable curiosity to know what the wives and daughters could complain of in republican America, where their sires and sons have so bravely fought for freedom and gloriously secured their independence, trampling all tyranny, bigotry, and caste in the dust, and declaring to a waiting world the divine truth that all men are created equal. What can woman want under such a government? Admit a radical difference in sex, and you demand different spheres—water for fish, and air for birds.
It is impossible to make the Southern planter believe that his slave feels and reasons just as he does—that injustice and subjection are as galling as to him—that the degradation of living by the will of another, the mere dependent on his caprice, at the mercy of his passions, is as keenly felt by him as his master. If you can force on his unwilling vision a vivid picture of the negro's wrongs, and for a moment touch his soul, his logic brings him instant consolation. He says, the slave does not feel this as I would. Here, gentlemen, is our difficulty: When we plead our cause before the law-makers and savants of the republic, they can not take in the idea that men and women are alike; and so long as the mass rest in this delusion, the public mind will not be so much startled by the revelations made of the injustice and degradation of woman's position as by the fact that she should at length wake up to a sense of it.
If you, too, are thus deluded, what avails it that we show by your statute books that your laws are unjust—that woman is the victim of avarice and power? What avails it that we point out the wrongs of woman in social life; the victim of passion and lust? You scorn the thought that she has any natural love of freedom burning in her breast, any clear perception of justice urging her on to demand her rights.
Would to God you could know the burning indignation that fills woman's soul when she turns over the pages of your statute books, and sees there how like feudal barons you freemen hold your women. Would that you could know the humiliation she feels for sex, when she thinks of all the beardless boys in your law offices, learning these ideas of one-sided justice—taking their first lessons in contempt for all womankind—being indoctrinated into the incapacities of their mothers, and the lordly, absolute rights of man over all women, children, and property, and to know that these are to be our future presidents, judges, husbands, and fathers; in sorrow we exclaim, alas! for that nation whose sons bow not in loyalty to woman. The mother is the first object of the child's veneration and love, and they who root out this holy sentiment, dream not of the blighting effect it has on the boy and the man. The impression left on law students, fresh from your statute books, is most unfavorable to woman's influence; hence you see but few lawyers chivalrous and high-toned in their sentiments toward woman. They can not escape the legal view which, by constant reading, has become familiarized to their minds: "Femme covert," "dower," "widow's claims," "protection," "incapacities," "incumbrance," is written on the brow of every woman they meet.
But if, gentlemen, you take the ground that the sexes are alike, and, therefore, you are our faithful representatives—then why all these special laws for woman? Would not one code answer for all of like needs and wants? Christ's golden rule is better than all the special legislation that the ingenuity of man can devise: "Do unto others as you would have others do unto you." This, men and brethren, is all we ask at your hands. We ask no better laws than those you have made for yourselves. We need no other protection than that which your present laws secure to you.
In conclusion, then, let us say, in behalf of the women of this State, we ask for all that you have asked for yourselves in the progress of your development, since the Mayflower cast anchor beside Plymouth rock; and simply on the ground that the rights of every human being are the same and identical. You may say that the mass of the women of this State do not make the demand; it comes from a few sour, disappointed old maids and childless women.
You are mistaken; the mass speak through us. A very large majority of the women of this State support themselves and their children, and many their husbands too. Go into any village you please, of three or four thousand inhabitants, and you will find as many as fifty men or more, whose only business is to discuss religion and politics, as they watch the trains come and go at the depot, or the passage of a canal boat through a lock; to laugh at the vagaries of some drunken brother, or the capers of a monkey dancing to the music of his master's organ. All these are supported by their mothers, wives, or sisters.
Now, do you candidly think these wives do not wish to control the wages they earn—to own the land they buy—the houses they build? to have at their disposal their own children, without being subject to the constant interference and tyranny of an idle, worthless profligate? Do you suppose that any woman is such a pattern of devotion and submission that she willingly stitches all day for the small sum of fifty cents, that she may enjoy the unspeakable privilege, in obedience to your laws, of paying for her husband's tobacco and rum? Think you the wife of the confirmed, beastly drunkard would consent to share with him her home and bed, if law and public sentiment would release her from such gross companionship? Verily, no! Think you the wife with whom endurance has ceased to be a virtue, who, through much suffering, has lost all faith in the justice of both heaven and earth, takes the law in her own hand, severs the unholy bond, and turns her back forever upon him whom she once called husband, consents to the law that in such an hour tears her child from her—all that she has left on earth to love and cherish? The drunkards' wives speak through us, and they number 50,000. Think you that the woman who has worked hard all her days in helping her husband to accumulate a large property, consents to the law that places this wholly at his disposal? Would not the mother whose only child is bound out for a term of years against her expressed wish, deprive the father of this absolute power if she could?
For all these, then, we speak. If to this long list you add the laboring women who are loudly demanding remuneration for their unending toil; those women who teach in our seminaries, academies, and public schools for a miserable pittance; the widows who are taxed without mercy; the unfortunate ones in our work-houses, poor-houses, and prisons; who are they that we do not now represent? But a small class of the fashionable butterflies, who, through the short summer days, seek the sunshine and the flowers; but the cool breezes of autumn and the hoary frosts of winter will soon chase all these away; then they, too, will need and seek protection, and through other lips demand in their turn justice and equity at your hands.
The friends of woman suffrage may be said to have fairly held a protracted meeting during the two following weeks in Albany, with hearings before both branches of the Legislature, and lectures evening after evening in Association Hall, by Mrs. Rose, Mr. Channing, Mr. Phillips, and Miss Brown, culminating in a discussion by the entire press of the city and State; for all the journals had something to say on one side or the other, Mrs. Rose, Mr. Channing, Miss Brown, and several anonymous writers taking part in the newspaper debate. As this was the first Convention held at the Capitol, it roused considerable agitation on every phase of the question, not only among the legislators on the bills before them, but among the people throughout the State.
The Albany Transcript thus sums up the WOMAN'S RIGHTS CONVENTION.—The meeting last evening was attended by the largest and most brilliant audience of the series. A large number of members of the Legislature were there, and a full representation of our most influential citizens. Indeed they could not have asked for a more numerous or talented body of hearers. Mrs. Rose was the sole speaker, owing to the necessity which had called the others away.... She was listened to with the most profound attention, and encouraged by frequent and prolonged applause.
Thus has ended the first Convention of women designed to influence political action. On Monday the 6,000 petitions will be presented in the Legislature, and the address be placed on the members' tables. Whatever may be the final disposition of the matter, it is well to make a note of this first effort to influence the Legislature. It was originated by Miss Susan B. Anthony, and has been managed financially by her. Though a stranger amongst us, she has made the contracts for the room, advertised in the papers, employed the speakers, published the address, and performed much other arduous labor.
Mrs. Nichols, one of the speakers, has long been connected with the press, and is a woman of no mean ability. Her mild, beaming countenance and the affectionate tones of her voice, disprove that she is any less a woman than those who do not "speak in public on the stage." Mrs. Love is a new caterer to public favor, and promises well. Some have remarked that she is well named, being a "Love of a woman." Mrs. Jenkins is a fluent and agreeable speaker, and has a good degree of power in swaying an audience. But Mrs. Rose is the queen of the company. On the educational question in particular, she rises to a high standard of oratorical power. When speaking of Hungary and her own crushed Poland, she is full of eloquence and pathos, and she has as great a power to chain an audience as any of our best male speakers.
The Evening Journal (Thurlow Weed, editor): WOMAN'S RIGHTS.—Mr. Channing and Mrs. Rose pleaded the cause of woman's rights before the Senate Committee of bachelors yesterday. The only effect produced was a determination more fixed than ever in the minds of the committee, to remain bachelors in the event of the success of the movement. And who would blame them?
The same champions, with others probably, will speak to the House Committee in the Assembly Chamber this afternoon; and Mr. Channing and Mrs. Rose make addresses in Association Hall this evening. Price twenty-five cents.
The Albany Register: WOMEN IN THE SENATE CHAMBER.—The Senate was alarmed yesterday afternoon. It surrendered to progress. The Select Committee to whom the women's rights petitions had been referred, took their seats on the president's platform, looking as grave as possible. Never had Senators Robertson, Yost, and Field been in such responsible circumstances. They were calm, but evidently felt themselves in great peril.
In the circle of the Senate, ranged in invincible row, sat seven ladies, from quite pretty to quite plain.
Ernestine L. Rose and Rev. William Henry Channing presented the arguments and appeals to the Committee, and Mrs. Rose invited them to ask questions. The Register concludes:
The Honorable Senators quailed beneath the trial. There was a terrible silence, and the audience eager to hear what the other ladies had to say, were wretched when they found that the Committee had silently dissolved—surrendered. Oh, what a fall was there, my countrymen!
The Albany Argus of March 4th, says: THE RIGHTS OF WOMEN DEFINED BY THEMSELVES.—Miss Anthony and Mrs. Rose before the House Committee, March 3d. The Committee took their seats in the clerk's desk, and the ladies took possession of the members' seats, filling the chamber, many members of the Legislature being present. Miss Anthony presented a paper prepared by Judge William Hay, of Saratoga, asking that husband and wife should be tenants in common of property without survivorship, but with a partition on the death of one; that a wife shall be competent to discharge trusts and powers the same as a single woman; that the statute in respect to a married woman's property descend as though she had been unmarried; that married women shall be entitled to execute letters testamentary, and of administration; that married women shall have power to make contracts and transact business as though unmarried; that they shall be entitled to their own earnings, subject to their proportionable liability for support of children; that post-nuptial acquisitions shall belong equally to husband and wife; that married women shall stand on the same footing with single women, as parties or witnesses in legal proceedings; that they shall be sole guardians of their minor children; that the homestead shall be inviolable and inalienable for widows and children; that the laws in relation to divorce shall be revised, and drunkenness made cause for absolute divorce; that better care shall be taken of single women's property, that their rights may not be lost through ignorance, that the preference of males in descent of real estate shall be abolished; that women shall exercise "the right of suffrage," and be eligible to all offices, occupations, and professions; entitled to act as jurors; eligible to all public offices; that courts of conciliation shall be organized as peace-makers; that a law shall be enacted extending the masculine designation in all statutes of the State to females.
Mrs. Rose then addressed the Committee, saying: The right of petition is of no avail unless the reform demanded be candidly considered by the legislators. We judge of the intellectual inferiority of our fellow-men by the amount of resistance they oppose to oppression, and to some extent we judge correctly by this test. The same rule holds good for women; while they tamely submit to the many inequalities under which they labor, they scarcely deserve to be freed from them.... These are not the demands of the moment or the few; they are the demands of the age; of the second half of the nineteenth century. The world will endure after us, and future generations may look back to this meeting to acknowledge that a great onward step was here taken in the cause of human progress.
Mrs. Rose took her seat amidst great applause from the galleries and lobbies. The Committee adjourned.
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Albany Register, March 7: WOMAN'S RIGHTS IN THE LEGISLATURE.—While the feminine propagandists of women's rights confined themselves to the exhibition of short petticoats and long-legged boots, and to the holding of Conventions, and speech-making in concert-rooms, the people were disposed to be amused by them, as they are by the wit of the clown in the circus, or the performances of Punch and Judy on fair days, or the minstrelsy of gentlemen with blackened faces, on banjos, the tambourine, and bones. But the joke is becoming stale. People are getting cloyed with these performances, and are looking for some healthier and more intellectual amusement. The ludicrous is wearing away, and disgust is taking the place of pleasurable sensations, arising from the novelty of this new phase of hypocrisy and infidel fanaticism. People are beginning to inquire how far public sentiment should sanction or tolerate these unsexed women, who make a scoff of religion, who repudiate the Bible and blaspheme God; who would step out from the true sphere of the mother, the wife, and the daughter, and taking upon themselves the duties and the business of men, stalk into the public gaze, and by engaging in the politics, the rough controversies, and trafficking of the world, upheave existing institutions, and overturn all the social relations of life.
It is a melancholy reflection, that among our American women who have been educated to better things, there should be found any who are willing to follow the lead of such foreign propagandists as the ringleted, glove-handed exotic, Ernestine L. Rose. We can understand how such men as the Rev. Mr. May, or the sleek-headed Dr. Channing may be deluded by her to becoming her disciples. They are not the first instances of infatuation that may overtake weak-minded men, if they are honest in their devotion to her and her doctrines. Nor would they be the first examples of a low ambition that seeks notoriety as a substitute for true fame, if they are dishonest. Such men there are always, and honest or dishonest, their true position is that of being tied to the apron-strings of some "strong-minded woman," and to be exhibited as rare specimens of human wickedness, or human weakness and folly. But, that one educated American woman should become her disciple and follow her infidel and insane teachings, is a marvel. |
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