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I am not afraid of negro suffrage if you allow female suffrage to go hand in hand with it. I believe that if there is any one influence in the country which will break down this tribal antipathy, which will make the two races one in political harmony and political action, not in actuality as races by amalgamation, but which will induce that harmony and that co-operation which may bring about the highest state, perhaps, of social civilization and development, it is the fact that woman and not man must interfere in order to smooth the pathway for these two races to go along harmoniously together. And it is for that reason that I insist that when you do make this step, this step forward which once made can never be retrieved, you must do that other thing which assures its success after it is made. Let the negro male vote now, and you open the arena of strife and contention; let both sexes vote, and then you close that arena of strife, you bring in that element which subdues all strife, which has made America what she is, which has made the American political meeting, which has made the American political convention, not the scene of strife or angry contention, where armed men met together to settle political differences, as in the Polish Diet, but a convention where all were subjected to reason, influenced, as it might properly be, by eloquence and by that "feast of reason" which is "the flow of the soul" to those who enjoy it. And therefore, Mr. President, I beg to assure everybody, and especially my honorable friend from Rhode Island, who agrees with me, I know, upon this topic, that I am serious and in earnest in urging this amendment; in dead earnest, in good earnest, and why not? I am not so blind as to mistake the signs of the times.
I might have refused to believe long ago, when my honorable friend from Ohio [Mr. Wade] predicted that this was coming. I might have disbelieved when my honorable friend from Massachusetts [Mr. Wilson] predicted this was coming; when he blew his bugle-blast and announced what an army was coming behind to enforce his doctrine and his principles. I might, like Thomas of old, have doubted; but now I have had my fingers in the very wounds of which he spoke. I know of a certainty now that this movement is in progress, and that this movement will go on. I know of a certainty that black men must vote in the District of Columbia. Who can doubt it? Those who are in favor of that measure here are in force sufficient to carry it constitutionally beyond all question. Well, if it is to be I am reconciled to it, but at the same time I want to throw about it as many safeguards as are possible under the circumstances, and among those safeguards I think that of allowing females suffrage to be not only the best, but the only one which will be efficacious in this behalf. Mr. President, I have trespassed a great deal longer upon the Senate than I intended. I beg to return my thanks for the indulgence they have exhibited in listening to what I had to say.
Mr. MORRILL: Mr. President, the honorable Senator began by saying that he was in earnest, and he concludes by affirming the same thing. Doubtless he had made the impression upon his own mind that after all he had said, there might be a doubt in the minds of the Senate on that point. Does any one who has heard the speech, somewhat extraordinary, of the honorable Senator, suppose that he is at all in earnest or sincere in a single sentiment he has uttered on this subject? I do not imagine he believes that any one here is idle enough for a moment to suppose so. Now, his attempt at being facetious has not been altogether a failure. I think he has succeeded in being amusing; he has evidently amused himself; and if he could afford the sacrifice, I admit he has amused the galleries and probably the most of us; but that he has convinced anybody that he was arguing to enlighten the Senate or the public mind on a question which he says is important, he does not believe and he does not expect anybody else to believe it. If it is true, as he intimates, that he is desirous of becoming a Radical, I am not clear that I should not be willing to accept his service, although there is a good deal to be repented of before he can be taken into full confidence. [Laughter].
When a man has seen the error of his ways and confesses it, what more is there to be done except to receive him seventy and seven times? Now if this is an indication that the honorable Senator means to out-radical the Radicals, "Come on, Macduff," nobody will object provided you can show us you are sincere. That is the point. If it is mischief you are at, you will have a hard time to get ahead. While we are radical we mean to be rational. While we intend to give every male citizen of the United States the rights common to all, we do not intend to be forced by our enemies into a position so ridiculous and absurd as to be broken down utterly on that question, and whoever comes here in the guise of a Radical and undertakes to practice that, probably will not make much by the motion. I am not surprised that those of our friends who went out from us and have been feeding on the husks, desire to get in ahead; but I am surprised at the indiscretion and the want of common sense exercised in making so profound a plunge at once! If these gentlemen desire to be taken into companionship and restored to good standing, I am the first man to reach out the hand and say, "Welcome back again, so that you are repentant and regenerated;" but, sir, I am the last man to allow that you shall indorse what you call radicalism for the purpose of breaking down measures which we propose!
So much for the radicalism of my honorable friend. Now, sir, what is the sincerity of this proposition? What is the motive of my honorable friend in introducing it? Is it to perfect this bill? Is it to vindicate a principle in which he believes? Not a bit of it. It is the old device of the enemy—if you want to defeat a measure, make it as hateful and odious and absurd as possible and you have done it. That is the proposition. Does he believe in the absolute right of women to vote? Not a bit of it, for he has said here time and again in the beginning, middle, and end of his discourse that he does not believe a word of it.
Mr. COWAN: And never did.
Mr. MORRILL: He says it is no natural right whatever either to man or woman, and therefore he does not stand here to vindicate a right.
Mr. COWAN: I should like to ask the honorable Senator whether he believes it is a natural right either in man or woman.
Mr. MORRILL: I have said distinctly on a former occasion that I did not; and therefore I am not to be put in the attitude of so arguing. The Senator does not believe that; he is not here urging a principle in which he believes. What is he doing? Trying to do mischief; trying to make somebody believe he is sincere. That is labor lost here. It will not succeed, of course. Now, what is his position? "I do not believe in woman suffrage, and do not believe in negro suffrage, but if you will insist upon male negro suffrage I will insist upon woman negro suffrage." That is his position exactly. "If you insist that the male negro shall vote, I insist the female shall." That is his attitude, nothing more nor less. Mr. President, I do not think there is much force in the position. He has not offered an argument on the subject. He has read from a paper. He has introduced here the discourse of some ladies in some section of the country, upon what they esteem to be their own rights, in illustration; that is all; not as argument; he does not offer it as an argument, but to illustrate his theme and to put us in an attitude, as he supposes, of embarrassment on that subject. He has read papers which are altogether foreign from his view of this subject, and which he for a moment will not indorse. He offers these as an illustration with a view of illustrating his side of the question, and particularly with a view of embarrassing this measure.
Mr. COWAN: Well, now, Mr. President, I desire to answer a question of the Senator. He alleges that I am not serious in the amendment I have moved, that I am not in earnest about it. How does he know? By what warrant does he undertake to say that a brother Senator here is not serious, not in earnest. I should like to know by what warrant he undertakes to do that. He says I do not look serious. I have not perhaps been trained in the same vinegar and persimmon school [laughter]; I have not been doctrinated into the same solemn nasal twang which may characterize the gentleman, and which may be considered to be the evidence of seriousness and earnestness. I generally speak as a man, and as a good-natured man, I think. I hope I entertain no malice toward anybody. But the honorable gentleman thinks I want to become a radical. Why, sir, common charity ought to have taught the honorable Senator better than that. I think no such imputation, even on the part of the most virulent opponent that I may have, can with any justice be laid to my door. I have never yielded to his radicalism; I have never truckled to it. Whether it be right or wrong, I have never bowed the knee to it. From the very word "go" I have been a conservative; I have endeavored to save all in our institutions that I thought worth saving.
I suppose, in the opinion of the gentleman, I have made sacrifices. I suppose I am in the condition of Dr. Caius: "I have had losses." Certainly if any man has given evidence of the sincerity of his doctrines, I have done so; I have lost all of that, perhaps, which the Senator from Maine may think valuable; I have lost all the feathers that might have adorned my cap by opposition to radicalism; and now I stand perfectly free and independent upon this floor; free, as I supposed, not only from all imputation of interest, but free from all imputation of dishonor. I am out of the contest. If I had chosen to play the radical; if I had chosen to out-Herod Herod, I could have out-Heroded Herod perhaps as well as the honorable gentleman, and I could have had quite as stern and vigorous a following as he or any other man, more than likely without asserting any very large amount of vanity to myself [Mr. Morrill rose]; but now, when I stand here, as, I think, free, unquestionably free from all imputation either of interest or dishonor, to be told this is—If the Senator wants to say anything I will hear him.
Mr. MORRILL: The honorable Senator will allow me to say that I do not think this line of argument is open to him, because to-day once or twice he certainly repeated that this was a race of radicalism, and he did not intend to be outdone. My remark was predicated simply on the assumption of the honorable Senator that he was disposed to enter into the race, and rather in a disposition to welcome than discourage him.
Mr. COWAN: Mr. President, I agree that if you will allow the gentleman to put arguments in my mouth, and to furnish me theories as his fancy paints them, he can demolish them. I will not agree that he is my master in any particular; but I do agree that he can take a pair of old pantaloons out in the country and stuff them, and make a man of straw, and that he can overthrow it and trample upon it and kick it about with the utmost impunity. But I do not choose to allow the honorable Senator to make either my theories or my arguments, nor do I allow him to make quotations from me unless he does it fairly. I gave utterance to no such idea as that which he has just attributed to me. I did not say that in this race of radicalism I was determined to be in front. I said no such thing. I said that there was an onward movement, that I yielded to that movement, and that while I yielded to it against my own better opinion that any change was impolitic, yet that change was inevitable, I wanted it to be as perfect as possible, and I wanted it to be made with all the safeguards possible.
That was my argument. I said so yesterday; I said so to-day; I say so now; and I appeal to my friends here who have talked about this onward movement, this progress of things, this inevitable which was in the future, to stand now upon their theories and upon their doctrines. That was my ground, ground simply stated, and for that I am not to be charged here with a desire to conciliate the honorable gentleman, or his faction, or his party, or any other party in this country. Mr. President, I am not a proud man, I hope; not a vain man, I hope; but I would rather be deprived of the right of suffrage, high punishment as it is, I would rather suffer all the penalties that would be inflicted even by the most malignant lawgiver, than to cower or cringe or yield to anything of mortal mould on this planet, except by duress and by force. No man dare charge me with that. I have endeavored to act here as an honest man feeling his own responsibilities, feeling the responsibilities of the oath upon him when he took it; obliged to interpret the Constitution as he himself understands it; feeling that that Constitution was a restraint upon him, a restraint upon the people, a restraint upon everybody; that we were sent here for the purpose of standing upon it even against the rage of the people, even against their desire to trample it under foot. Feeling all these things, I have stood here, and appeal to my fellow-Senators to know if any one of them can say that at any time I have manifested the smallest disposition to yield in any one particular. I scorn the imputation; I would rather have the approval of my own conscience, I would rather walk in the star-light and look up to them and to the God who made me free and independent, than to seek the highest station upon the earth by truckling to any man or to any set of people, or giving up my free opinions.
And yet I propose not to be irrational in this matter. As I said yesterday, and as I said to-day, I have struggled against change; but if it is to be made I wish to direct it properly. I made in my own person, two or three years ago, a motion which passed this body by, I think, a vote of precisely two to one—I believe it was 28 to 14—that the voters of the District of Columbia should be confined to white males; but upon that occasion I stated—and the debates will bear me out, I think—that if the door of the franchise was to be opened, if it was thought that the safety of the country required more people to cast ballots, more people to enjoy this privilege, I would open it to the women of the country sooner than I would open it to the negroes. I say so to-day. You are determined to open it to the negroes. I appeal to you to open it to the women. You say there is no danger in opening it to the negroes. I say there is no danger then in opening it to the women. You say that it is safe in the hands of the negroes. I say it is equally safe in the hands of our sisters, and more safe in the hands of our wives and our mothers. I say more to you. I say you have not demonstrated that it is safe to confer the franchise upon men just emerged from the barbarism of slavery; I say you have not demonstrated that it is safe to give the ballot to men who require a Freedmen's Bureau to take care of them, and who it is not pretended anywhere have that intelligence which is necessary to enable them to comprehend the questions which agitate the people of this nation, and of which the people are supposed to have an intelligent understanding. I say you have not demonstrated all that; but you have expressed your determination. You are determined to do it, and when you are determined to do it I want to put along with that element, that doubtful element, that ignorant element, that debased element, that element just emerged from slavery, I want you to put along with it into the ballot-box, to neutralize its poison if poison there be, to correct its dangers if danger there be, the female element of the country.
That is my position. If you abandon the whole project I have no objection. I am willing to rest the safety of the country where it is and has been so far. I am open to conviction, open to argument, open to reason even upon that subject; but I am willing to leave this question of suffrage where our fathers left it, where the world leaves it to-day, where all wise men leave it. If, however, it is to be opened, if there is to be a new era, if political power is to be distributed per capita according to a particular age, then I am for extending it to women as well as men. Let me tell the honorable Senator I am not alone in this opinion; the Senator from Ohio with me is not alone; one of the first intellects of this age, perhaps the first man of the first country of the earth, is of the same opinion. I allude to John Stuart Mill, of Great Britain. He is now agitating for this very thing in England. So that it need not seem surprising that I should be in earnest in this; and I trust that after the explanation I have made of my position and my doctrines. I shall not be charged either with insincerity or with a desire to ingratiate myself with the majority of this body, with the majority of the people, or with any one, because, thank God, I am free from all entanglements of that kind at this present speaking, and if I retain my senses I think I shall keep free.
Mr. WADE: Mr. President, I did not intend to say a word upon this subject, because on the first day of the last session of Congress I introduced the original bill now before the Senate, to which the Committee have proposed several amendments, and that action on my part I supposed demonstrated sufficiently to all who might read the bill what were my views and sentiments upon the question of suffrage; and, sir, they are of no sudden growth. I have always been of the opinion that in a republican government the right of voting ought to be limited only by the years of discretion. I have always believed that when a person arrived at the age when by the laws of the country he was remitted to the rights of citizens, when the laws fixed the age of majority when the person was supposed to be competent to manage his own affairs, then he ought to be suffered to participate in the Government under which he lives. Nor do I believe that any such rule is unsafe. I imagine that safety is entirely on the other side, for just in proportion as you limit the franchise, you create in the same degree an aristocracy, an irresponsible Government; and gentlemen must be a little tinctured with a fear of republican sentiment when they fear the extension of the right of suffrage.
If I believed, as some gentlemen do, that to participate in Government required intellect of the highest character, the greatest perspicacity of mind, the greatest discipline derived from education and experience, I should be convinced that a republican form of government could not live. It is because I believe that all that is essential in government for the welfare of the community is plain, simple, level with the weakest intellects, that I am satisfied this Government ought to stand and will stand forever. Who is it that ought to be protected by these republican governments? Certainly it is the weak and ignorant, who have no other manner of defending their rights except through the ballot-box.
The argument for aristocracies and monarchies has ever been that the masses of the people do not know enough to take care of the high concerns of government. If they do not, the human race is in a miserable condition. If, indeed, the great masses of mankind, who are permitted to transact their own business, are incompetent to participate in government, then farewell to the republican system of government; it can not stand a day; it is a wrong foundation. Our principles of government are radically wrong if gentlemen's fears on this subject are well grounded. Thank God, I know they are not. I know that all the defects and evils of our Government have not come from the ignorant masses; but the frauds and the devices of the higher intellects and the more cultivated minds have brought upon our Government all those scars by which it has been disfigured.
Why, sir, look at the administration of the Southern governments in the seceded States, where their public men were advocates of the doctrine that suffrage should be restricted, and generally that republican governments were wrong. I had a great deal of private conversation with the gentlemen who were formerly in these halls representing those governments, and I hardly ever conversed with a single man of them from that part of the country who believed that a republican government could or ought to stand. Some of them used to say, "How can the mechanic, how can the laboring man understandingly participate in these high and complicated affairs of Government?" Those men at heart were aristocrats or monarchists; they did not believe in your republican Government. I, on the other hand, believe that the safety of our Government depends on unlimited franchise, or, rather, I should say, on franchise limited only by that discretion which fits a man to manage his own concerns. Let a man arrive at the years of majority, when the Government and the experience of the world say that he has attained to such an age and such discretion that it is safe to intrust him with his own affairs, and then if he can not be permitted to participate in the Government, I say again, farewell to republican government; it can not stand.
It was for these reasons that, when I introduced the original bill, I put it upon the most liberal principles of franchise except as to females. The question of female suffrage had not then been much agitated, and I knew the community had not thought sufficiently upon it to be ready to introduce it as an element in our political system. While I am aware of that fact, I think it will puzzle any gentleman to draw a line of demarkation between the right of the male and the female on this subject. Both are liable to all the laws you pass; their property, their persons, and their lives are affected by the laws. Why, then, should not the females have a right to participate in their construction as well as the male part of the community? There is no argument that I can conceive or that I have yet heard, that makes any discrimination between the two on the question of right.
Why should there be any restriction? Is it because gentlemen apprehend that the female portion of the community are not as virtuous, that they are not as well-calculated to consider what laws and principles of the Government will conduce to their welfare as men are? The great mass of our educated females understand all these great concerns of government infinitely better than that great mass of ignorant population from other countries which you admit to the polls without hesitation.
But, sir, the right of suffrage, in my judgment, has bearings altogether beyond any rights of persons or property that are to be vindicated by it. I lay it down that in any free community, if any particular class of that community are excluded from this right they can not maintain their dignity; it is a brand of Cain upon their foreheads that will sink them into contempt, even in their own estimation. My judgment is that if this right was accorded to females, you would find that they would be elevated in their minds and in their intellects. The best discipline you can offer them would be to permit and to require them to participate in these great concerns of Government, so that their rights and the rights of their children should depend in a manner upon the way in which they understand these great things.
What would be the effect upon their minds? Would it not be, I ask you, sir, to lead them from that miserable amusement of reading frivolous books and novels and romances that consume two-thirds of their time now, from which they learn nothing, and draw their attention to matters of more moment, more substance, better calculated to well-discipline the mind? In my judgment it would. I believe it would tend to educate them as well as the male part of the population. Take the negroes, who, it is said, are ignorant, the moment you confer the franchise on them it will lead them to struggle to get an understanding of the affairs of Government, so as to be able to participate intelligently in them. They will then understand that they are made responsible for the Government under which they live. In my judgment, this is the reason why the fact exists, which is acknowledged everywhere, that the great mass of our population rise immensely higher in intellect and every quality that should adorn human nature, above the peasantry and working-classes of the Old World. Why is this? I think much of it results from the fact that the people of this country are compelled to serve on juries, to participate in the government of their own localities in various capacities, and finally to take part in all the great concerns of Government. That elevates a man, and makes him feel his own consequence in the community in which he lives.
It is for these reasons as much as any other, that I wish to see the franchise extended to every person of mature age and discretion who has committed no crime. I know very well that prejudices against female voting have descended legitimately to us from the Old World; yea, more than anything else, from that common law which we lawyers have all studied as the first element in jurisprudence. That system of law really sank the female to total contempt and insignificance, almost annihilated her from the face of the earth. It made her responsible for nothing. So far was she removed from participating in anything or being responsible for anything, that if she even committed a crime in the presence of her husband she was not by that old law answerable for it. He was her guardian; he had the right to correct her as the master did his slave in the South. Such was the chivalry of that old common law from which we derive our judicial education. A vast remnant of that old prejudice is still lurking in the minds of our community. It is a mere figment of proscription and nothing else, descended to us, and we have not overcome it. It is not founded in reason; it is not founded in common sense; and it is being done away with very fast too.
I know that those women who have taken these things into consideration, with minds as enlightened and as intelligent as our own, have done immense good to their sex by agitating these great subjects against all the ridicule and all the contempt that has been wielded against them from the time they commenced the agitation. I know that in my own State we had, a few years ago, a great many laws on our statute-book depriving females of a great many rights without the least reason upon earth. Perhaps it was because the question was not agitated, and because it did not particularly concern the males, that they did not turn their attention to it; but when agitated in the Women's Rights Conventions that have been so abused and ridiculed throughout the country, man could no longer shut his eyes to the glaring defects that existed in our system, and our Legislature has corrected many of those abuses, and placed the rights of the female upon infinitely higher grounds than they occupied there thirty years ago; I believe this remark is as applicable to many other States as it is to Ohio. I tell you the agitation of these subjects has been salutary and good; and our male population would no more go back to divest women of the rights they have acquired, than they would go back now to slavery itself, in the advance we have lately made.
What do I infer, then, from all this? Seeing that their rights rest upon the same foundation and are only kept down by proscription and prejudice, I think I know that the time will come—not to-day, but the time is approaching—when every female in the country will be made responsible for the just government of our country as much as the male; her right to participate in the Government will be just as unquestioned as that of the male. I know that my opinions on this subject are a little in advance of the great mass, probably, of the community in which I live; but I am advancing a principle. I shall give a vote on this amendment that will be deemed an unpopular vote, but I am not frightened by that. I have been accustomed to give such votes all my life almost, but I believe they have been given in the cause of human liberty and right and in the way of the advancing intelligence of our age; and whenever the landmark has been set up the community have marched up to it. I think I am advocating now the same kind of a principle, and I have no doubt that sooner or later it will become a fixed fact, and the community will think it just as absurd to exclude females from the ballot-box as males.
I do not believe it will have any unfavorable effect upon the female character, if women are permitted to come up to the polls and vote. I believe it would exercise a most humane and civilizing influence upon the roughness and rudeness with which men meet on these occasions, if the polished ladies of the land would come up to the ballot-box clothed with these rights and participate in the exercise of the franchise. It has not been found that association with ladies is apt to make men rude and uncivilized; and I do not think the reflex of it prevents that lady-like character which we all prize so highly. I do not think it has that effect. On the other hand, in my judgment, if it was popular to-day for ladies to go to the polls, no man would regret their presence there, and the districts where their ballots were given would be harmonized, civilized, and rendered more gentlemanly, if I may say so, on the one side and on the other, and it would prevent the rude collisions that are apt to occur at these places, while it would reflect back no uncivilizing or unlady-like influence upon the female part of the community. That is the way I judge it. Of course, as it has never been tried in this country, it is more or less of an experiment; but here in this District is the very place to try your experiment.
I know that the same things were said about the abolition of slavery. I was here. Gentlemen know very well that there was a strong desire entertained by many gentlemen on this floor that emancipation, if it took place, should be very gradual, very conservative, a little at a time. I was the advocate of striking off the shackles at one blow, and I said that the moment you settled on that the community would settle down upon this principle of righteousness, justice, and liberty, and be satisfied with it, but just as long as you kept it in a state of doubt and uncertainty, going only half way, just so long it would be an irritating element in our proceedings. It is just so now with this question. Do not understand that I expect that this amendment will be carried. I do not. I do not know that I would have agitated it now, although it is as clear to me as the sun at noonday, that the time is approaching when females will be admitted to this franchise as much as males, because I can see no reason for the distinction. I agree, however, that there is not the same pressing necessity for allowing females as there is for allowing the colored people to vote, because the ladies of the land are not under the ban of a hostile race grinding them to powder. They are in high fellowship with those who do govern, who, to a great extent, act as their agents, their friends, promoting their interests in every vote they give, and, therefore, communities get along very well without conferring this right upon the female. But when you speak of it as a right, and as a great educational power in the hands of females, and I am called on to vote on the subject, I will vote that which I think under all circumstances is right, just, and proper. I shrink not from the question because I am told by gentlemen that it is unpopular. The question with me is, is it right? Show me that it is wrong, and then I will withhold my vote; but I have heard no argument that convinces me that the thing is not right.
There has been something said about this right of voting, as to whether it is a natural or a conventional right. I do not know that there is much difference between a natural and a conventional right. Right has its hold upon the conscience in the inevitable fitness of things, and whether it springs from nature or from any other cause right is right, and a conventional right is as sacred as a natural right. I can not distinguish them; I know of no difference between them. It certainly does not seem to me that it would be right now if a new community is about to set up a government, for one-third of them to seize upon that government and say they will govern, and the rest shall have nothing to do with it. It seems to me there is a wrong done to those who are shut out from any participation in the Government, and that it is a violation of their rights; and what odds does it make whether you call it a natural, or conventional, or artificial right? I contend that when you set up a Government you shall call every man who has arrived at the years of discretion, who has committed no crime, into your community and ask him to participate in setting up that Government; and if you shut him out without any reason, you do him a wrong, one of the greatest wrongs that you can inflict upon a man. If it is to be done to me or to my posterity, I say to you take their lives, but do not deprive them of the right of standing upon the same foothold, upon the same platform in their political rights with any other man in the community. I will compromise no such principles. I contend before God and man ever, always, that they shall stand upon the same platform in setting up their governments, and in continuing them after they are set up, and I will brand it as a wrong and an injustice in any man to deprive any portion of the population, unless it be for crime or offence, from participating in the Government to the same extent that he participates himself. If they are ignorant, so much the greater necessity that they have this weapon in their hands to guard themselves against the strong. The weaker, the more ignorant, and the more liable they are to be imposed upon, the greater the necessity of having this great weapon of self-defence in their hands.
I know very well that great prejudices have existed against colored people; but my word for it, the moment they are admitted to the ballot-box, especially about the second Tuesday of October in our State, you will find them as genteel a set of men as you know anywhere; as much consideration will be awarded to them; they will be men; they will be courted; their rights will be awarded to them; they will be made to feel, and it will go abroad that they are not the subjects of utter contempt that can be treated as men see fit to treat them; but they will rise in the scale of the community, and finally occupy a platform according to their merits, which they never can obtain; and you will never be able to make anything of any portion of the community black or white, while you exclude them from the ballot-box.
These, sir, are the reasons why I introduce this bill, and to vindicate them I have spoken. I know I am not able to set forth anything new on this subject. Every American citizen has reflected upon it until his mind is made up, and the thing itself is so universally approved by our community, that the only wonder is that when we propose to extend this franchise to all the people alike anybody is found in opposition to it.
Mr. YATES: Mr. President, I propose to occupy the time of the Senate for but a few moments by way of explanation of my position on this subject. Honorable Senators seem to think there is some little embarrassment in the position in which we are placed upon this question. There is certainly none whatever to my mind. I must confess, after an examination of this question, that logically there are no reasons in my mind which would not permit women to vote as well as men, according to the theory of our Government—a Government of the people, by the people, and for the people.
But, sir, that question as to whether ladies shall vote or not is not an issue now. That was not the question at the last election. That was not the question that was argued in another part of this Capitol. That was not embraced in the bill now before us for consideration. Questions of a different character engross our attention; and, sir, we have but one straightforward course to pursue in this matter. While I may and do indorse, I believe, substantially all that my honorable friend from Ohio has said, and while I can not state perhaps a good reason why under our form of government all persona, male and female, should not exercise the right of suffrage, yet we have another matter on hand now. We have fought the fight, and our banners blaze victoriously in the sky. The honorable Senator from Pennsylvania stands humbled and overcome at his defeat, and he might just as well bow his head before the wheels of that Juggernaut of which he spoke, which has crushed him to the earth, and say, let the vox populi, which is the vox Dei, be the rule of this land.
I believe that this issue will come, and if the gentleman proposes to make it in the next elections, I shall be with him perhaps on the question of universal suffrage; for, sir, I am for universal suffrage. I am not for qualified suffrage; I am not for property suffrage; T am not for intelligent suffrage, as it is termed; but I am for universal suffrage. That is my doctrine. But, sir, when it is proposed to crush out the will of the American people by an issue which certainly is not made in sincerity and truth, then I have no difficulty whatever. While I do not commit myself against the progress of human civilization, because I believe that time is coming, in voting "no" on this amendment I only vote to maintain the position for which I have fought, and for which my State has fought. My notions are peculiar on this subject. I confess that I am for universal suffrage, and when the time comes I am for suffrage by females as well as males; but that is not the point before us.
Mr. WILSON: The Senator from Pennsylvania demands that I shall express my concurrence in or my opposition to his amendment. I tell him, without the least hesitation, I shall vote against it. I am opposed to connecting together these two questions, enfranchisement of black men and the enfranchisement of women, and therefore shall vote against his amendment.
These ladies in the conventions recently held seem to have made a great impression upon the Senator from Pennsylvania. While I heard him reading their speeches, I could not but regret that the Senator had not read the speeches of some of those ladies and the speeches of some of those gentlemen who attended those recent meetings, before he came into the Senate. If he had read the speeches of the ladies and gentlemen who have attended these conventions during the past few years, their speeches might have made as great an impression on him at an earlier day as they seem to have done at this; and if they had done so, the Senator might have made a record for liberty, justice, and humanity he would have been proud of after he leaves the Senate. I have, sir, quite the advantage of the honorable Senator. I have been accustomed to attend the meetings of some of these ladies and gentlemen for many years, and read their speeches too. I read these speeches for the freedom of all, and for the enfranchisement of all, woman included. Before I came to the Senate of the United States, I entertained the conviction that it would be better for this country, that our legislation would be more humane, more for liberty, more for a high civilization, if the women of the country were permitted to vote, and every year of my life has confirmed that conviction. I have been more than ever convinced of it since I have read the opinions of one of the foremost men of this or any other age—John Stuart Mill.
But I say to the Senator from Pennsylvania that while these are my opinions, while I will vote now or at any time for woman suffrage, if he or any other Senator will offer it as a distinct, separate measure, I am unalterably opposed to connecting that question with the pending question of negro suffrage. The question of negro suffrage is now an imperative necessity; a necessity that the negro should possess it for his own protection; a necessity that he should possess it that the nation may preserve its power, its strength, and its unity. We have fought that battle, as has been stated by the Senator from Illinois; we have won negro suffrage for the District of Columbia, and I say I believe we have won for all the States; and before the 4th of March, 1869, before this Administration shall close, I hope that the negro in all the loyal States will be clothed with the right of suffrage. That they will be in the ten rebel States I can not doubt, for patriotism, liberty, justice, and humanity demand it.
This bill, embodying pure manhood suffrage, is destined to become the law in spite of all opposition and all lamentations. I am opposed, therefore, to associating with this achieved measure the question of suffrage for women. That question has been discussed for many years by ladies of high intelligence and of stainless character—ladies who have given years of their lives to the cause of liberty, to the cause of the bondman, to the cause of justice and humanity, to the improvement of all and the elevation of all. No one could have heard them or have read their speeches years ago, without feeling that they were in earnest. They have made progress; these women have instructed the country; women, and men too, have been instructed; progress is making in that direction; but the public judgment is not so pronounced in any one State to-day in favor of woman suffrage, as to create any large and general movement for it. Time is required to instruct the public mind and to carry forward and to concentrate the public judgment in favor of woman suffrage. All public men are not in its favor as is the Senator from Ohio, as has already been proved in this debate. I am, therefore, sir, for keeping these questions apart. I am for securing the needed suffrage for the colored race. I am for enfranchising the black man, and then if this other question shall come up in due time, and I have a vote to give, I shall be ready to give my vote for it. But to vote for it now is to couple it with the great measure now pressing upon us, to weaken that measure and to endanger its immediate triumph, and therefore I shall vote against the amendment proposed by the Senator from Pennsylvania, made, it is too apparent, not for the enfranchisement of woman, but against the enfranchisement of the black man.
Mr. JOHNSON: The immediate question before the Senate, I understand, is upon the amendment offered by the honorable member from Pennsylvania, which, if I am correctly informed, is to strike out the word "male," so as to give to all persons, independent of sex, the right of voting. It is, therefore, a proposition to admit to the right of suffrage all the females in the District of Columbia who may have the required residence and are of the required age. I am not aware that the right is given to that class anywhere in the United States. I believe for a very short time—my friend from New Jersey will inform me if I am correct—it was more or less extended to the women of New Jersey; but, if that be an exception, it is, as far as I am informed, the only exception; and there are a variety of reasons why, as I suppose, the right has never been extended as now proposed.
Ladies have duties peculiar to themselves which can not be discharged by anybody else; the nurture and education of their children, the demands upon them consequent upon the preservation of their household; and they are supposed to be more or less in their proper vocation when they are attending to those particular duties. But independent of that, I think if it was submitted to the ladies—I mean the ladies in the true acceptation of the term—of the United States, the privilege would not only not be asked for, but would be rejected. I do not think the ladies of the United States would agree to enter into a canvass, and to undergo what is often the degradation of seeking to vote, particularly in the cities, getting up to the polls, crowded out and crowded in. I rather think they would feel it, instead of a privilege, a dishonor. There is another reason why the right should not be extended to them, unless it is the purpose of the honorable member and of the Senate to go a step further. The reason why the males are accorded the privilege, and why it was almost universal in the United States with reference to those of a certain age, is that they may be called upon to defend the country in time of war or in time of insurrection. I do not suppose it is pretended that the ladies should be included in the militia organization or be compelled to take up arms to defend the country. That must be done by the male sex, I hope.
But I rose not so much for the purpose of expressing my own opinion, or reasoning rather upon the opinion, as to refer to a sentence or two in a letter written many years ago, by the elder Adams, to a correspondent in Massachusetts. It was proposed at that time in Massachusetts to alter the suffrage. It was then limited in that State. That limitation, it was suggested, should be taken away in whole or in part, and the correspondent to whom this letter was addressed seems to have been in favor of that change. Mr. Adams, under date of the 26th of May, 1776, writes to his correspondent, Mr. James Sullivan, a name famous in the annals of Massachusetts, and well known to the United States, a long letter, of which I shall read only a sentence or two. It is to be found in the ninth volume of the works of John Adams, beginning at page 375. In that letter Mr. Adams, among other things, says: "But let us first suppose that the whole community, of every age, rank, sex, and condition, has a right to vote. This community is assembled. A motion is made and carried by a majority of one voice. The minority will not agree to this. Whence arises the right of the majority to govern and the obligation of the minority to obey?
"From necessity, you will say, because there can be no other rule. But why exclude women?
"You will say, because their delicacy renders them unfit for practice and experience in the great businesses of life and the hardy enterprises of war, as well as the arduous cares of state. Besides, their attention is so much engaged with the necessary nurture of their children, that nature has made them fittest for domestic cares. And children have not judgment or will of their own. True."
And he closes the letter by saying: "Society can be governed only by general rules. Government can not accommodate itself to every particular case as it happens, nor to the circumstances of particular persons. It must establish general comprehensive regulations for cases and persons. The only question is, which general rule will accommodate most cases and most persons. Depend upon it, sir, it is dangerous to open so fruitful a source of controversy and altercation as would be opened by attempting to alter the qualifications of voters; there will be no end of it. New claims will arise; women will demand a vote; lads from twelve to twenty-one will think their rights not enough attended to; and every man who has not a farthing will demand an equal voice with any other in all acts of state. It tends to confound and destroy all distinctions, and prostrate all ranks to one common level."
The honorable member from Ohio seems to suppose that the right should be given as a means, if I understood him, of protecting themselves and as a means of elevating them intellectually. I had supposed the theory was that the woman was protected by the man. If she is insulted she is not expected to knock the man who insults her down, or during the days of the duello to send him a challenge. She goes to her male friend, her husband or brother or acquaintance. Nature has not made her for the rough and tumble, so to speak, of life. She is intended to be delicate. She is intended to soften the asperities and roughness of the male sex. She is intended to comfort him in the days of his trial, not to participate herself actively in the contest either in the forum, in the council chamber, or on the battle-field. As to her not being protected, what lady has ever said that her rights were not protected because she had not the right of suffrage? There are women, respectable I have no doubt in point of character, moral and virtuous women no doubt, but they are called, and properly called, the "strong-minded"; they are in the public estimation contradistinguished from the delicate; they are men in women's garb, ready, I have no doubt, such people would be—and I deem it no disparagement to them; I have no doubt they are conscientious—to go upon the battle-field. Such things have happened. They are willing to take an insult, and horse-whip and chastise the man who has extended the rudeness to them; but they are exceptions to the softness which is the charm of the female character. I appeal to my friend from New York [Mr. Morgan]—I can speak for Baltimore—and to the member from Pennsylvania [Mr. Cowan] who I suppose can speak for Philadelphia, would they have their wives and their daughters seeking to get up to the poll on a hotly-contested election, driven with indignation at times from it, insulted, violence used to them, as is often the case, rudeness of speech sure to be indulged in——
Mr. WADE: I should like to know if that is the character of your city?
Mr. JOHNSON: Yes.
Mr. WADE: Then it is very different from the community in which I live.
Mr. JOHNSON: I rather think you might make Cincinnati an exception from what I have heard. I am not speaking for the country, though I have seen it pretty rough in the country; and they have been rough occasionally in Ohio. If they were all of the same temper with my honorable friend who interrupts me of course it would be different, and all could have their rights accorded them.
Mr. COWAN: I should like to ask whether the presence of ladies on an occasion of that kind would not tend to suppress everything of that sort? Would it not turn the blackguard into a gentleman, so that we should have nothing but good conduct?
Mr. JOHNSON: No, sir; you can not turn a blackguard into a gentleman.
Mr. COWAN: Except by a lady.
Mr. JOHNSON: No, sir; by no means known to human power. There may be some revulsion that will cause him to cease to be a blackguard for the moment, but as to a lady making a gentleman of a man who insults her it has not happened that I know of anywhere. He may be made somewhat of a gentleman by being cowhided. But the question I put I put in all seriousness. I have seen the elections in Baltimore, where they are just as orderly as they are in other cities; but we all know that in times of high party excitement it is impossible to preserve that order which would be sufficient to protect a delicate female from insult, and no lady would venture to run the hazard of being subjected to the insults that she would be almost certain to receive.
They do not want this privilege. As to protecting themselves, as to taking a part in the Government in order to protect themselves, if they govern those who govern, is not that protection enough? And who does not know that they govern us? Thank God they do. But what more right has a woman, as a mere matter of right independent of all delicacy, to the suffrage than a boy who is just one day short of twenty-one? You put him in your military service when he is eighteen; you may put him in it at a younger age if you think proper; but you will not let him vote. Why? Only upon moral grounds; that is all; not because that boy may not be able to exercise the right, but because, in the language of Mr. Adams, there must be some general rule, which must be observed, because in the absence of such general rule, if you permit excepted cases you might as well abolish all rules, and then where are we, as he properly asks.
I like to learn wisdom from the men of 1776. I know we have had the advantage of living in an age which they did not witness. I have lived a good many years and watched the public men of the day, and I do not think, and I have never been able with all my disposition to think that we are any better than were the men of 1776 and our predecessors on this floor, the men who participated in the deliberations of the Convention which led to the adoption of the Constitution of the United States, the men who were the authors of the State papers which were issued during that period, and which filled the world with admiration and amazement.
From the days of colonization down to the present hour no such proposition as this has received, so far as I am aware, any support, unless it was for a short time in the State of New Jersey. It has nothing to do with the right of negroes to vote. That is perfectly independent. If I desired because I am opposed to that to defeat the bill, I might perhaps, as a mere party scheme, as a measure known to party tactics which govern occasionally some—I do not say that they have not governed me heretofore—vote for this amendment with a view to defeat the bill: but I have lived to be too old and have become too well satisfied of what I think is my duty to the country to give any vote which I do not believe, if it should be supported by the votes of a sufficient number to carry the measure into operation, would redound to the interests and safety and honor of the country.
Mr. WADE: The gentleman seems to suppose that the only reason females should have the right to vote is that they might defend themselves with a cowhide against those who insult them. I do not suppose that giving them the right to vote will add anything to their physical strength or courage. That is the argument of the Senator, and the whole of his argument: but I did not propose that they should vote on such hypothesis or with any view that it should have any such effect. But I do know that as the law stood until very recently in many of the States a husband was not the best guardian for his wife in many cases, and frequently the greatest hardships that I have ever known in the community have arisen from the fact that a good-for-nothing, drunken, miserable man had married a respectable lady with property, and your law turned the whole of it right over to him and left her a pauper at his will. While I was at the bar I was more conversant with the manner in which these domestic affairs were transacted than I am now; and I knew instances of the greatest hardship arising from the fact that the law permitted such things to be done. I have known a drunken, miserable wretch of a husband take possession of a large property of a virtuous, excellent woman, who had a family of small children depending upon her, and turn her out to support her family by sewing and by manual labor; and it is not an uncommon case. The legislators, the males having the law-making power in their hands, especially were not very prompt to correct these evils; they were very slow in doing so. They continued from the old common law, when the memory of man did not run to the contrary, down to a time that is within the recollection of us all; and I do not know but that in some of the States this absurd rule prevails even now. It would not have prevailed if ladies had been permitted to vote for their legislators. They would have instructed them, and would have withheld their votes from every one who would not correct these most glaring evils.
The Senator tells us that the community in which he lives is so barbarous and rude that a lady could not go to the polls to perform a duty which the law permitted without insult and rudeness. That is a state of things that I did not believe existed anywhere. I do not believe that it exists in Baltimore to-day. I do not believe if the ladies of Baltimore should go up to the polls clothed with the legal right to select their own legislators that there is anybody in Baltimore who would insult them on their way in performing that duty. I do not believe that our communities have got to that degree of depravity yet that such kind of rascally prudence is necessary to be exercised in making laws. On the other hand, I have always found wherever I have gone that the rude and the rough in their conduct were civilized and ameliorated by the presence of females; for I do believe, as much as I believe anything else, that, take the world as it is, the female part of it are really more virtuous than the males. I think so; and I think if we were to permit them to have this right, it would tend to a universal reform instead of the reverse; and I do not believe any lady would be insulted in any community that I know anything about while on her way to perform this duty.
As I can see no good reason to the contrary, I shall vote for this proposition. I shall vote as I have often voted, as the Senator from Massachusetts has often voted, what he believed to be right; not because he believed a majority were with him, but because he believed the proposition which he was called upon to vote for was right, just, and proper. It is because I can not see that this is not so that I vote for it. It comes from a Senator who does not generally vote with us; it is a proposition unlooked for from his general course of action in this body, being, as he says, on the conservative list, and generally for holding things just as they are. Well, sir, I am for holding them just as they are, when I think they are right, and when I think they are not, I am for changing them and making them right. I do not think it is right to exclude females from the right of suffrage. As I said before, I do not expect that public opinion will be so correct at this time that my vote will be effective; but nevertheless it would be no excuse for me that I did not do my part toward effecting a reform that I think the community requires, because I did not see that the whole world was going with me. I do not wait for that. I am frequently in minorities. I would as lief be there as anywhere else, provided I see that I am right; and I do not wait for the majority to go with me when I think a proposition is right. Therefore I shall vote for this amendment if nobody else votes for it, trusting that if I am right the world will finally see it and come up to the mark where I am; if I am wrong, on further investigation and further thought I shall be left in the lurch. Believing that I am right, and believing that the world will come up to this standard finally, I am ambitious to make my mark upon it right here.
Mr. FRELINGHUYSEN: Mr. President, the Senator from Maryland has made an inquiry as to the law of New Jersey in reference to women voting. There was a period in New Jersey when, in reference to some local matters, and those only, women voted; but that period has long since passed away; and I think I am authorized in saying that the women of New Jersey to-day do not desire to vote. Sir, I confess a little surprise at the remark which has been so frequently made in the Senate, that there is no difference between granting suffrage to colored citizens and extending it to the women of America. The difference, to my mind, is as wide as the earth. As I understand it, we legislate for classes, and the women of America as a class do vote now, though there are exceptions from the peculiar circumstances of individuals. Do not the American people vote in this Senate to-day on this question? Do they not vote in the House of Representatives? So the women of America vote by their faithful and true representatives, their husbands, their brothers, their sons; and no true man will go to the polls and deposit his ballot without remembering that true and loving constituency that he has at home. More than that, sir, ninety-nine out of a hundred, I believe nine hundred and ninety-nine out of a thousand, of the women in America do not want the privilege of voting in any other manner than that which I have stated. In both these regards there is a vast difference between the situation of the colored citizen and the women of America.
But Mr. President, besides that, the women of America are not called upon to serve the Government as the men of America are. They do not bear the bayonet, and have not that reason why they should be entitled to the ballot; and it seems to me as if the God of our race has stamped upon them a milder, gentler nature, which not only makes them shrink from, but disqualifies them for the turmoil and battle of public life. They have a higher and a holier mission. It is in retirement, to make the character of the coming men. Their mission is at home, by their blandishments and their love to assuage the passions of men as they come in from the battle of life, and not themselves by joining in the contest to add fuel to the very flames. The learned and eloquent Senator from Pennsylvania said, yesterday, with great beauty, that he wanted to cast the angel element into the suffrage system of America. Sir, it seems to me that it would be ruthlessly tearing the angel element from the homes of America, for the homes of the people of America are infinitely more valuable than any suffrage system. It will be a sorry day for this country when those vestal fires of piety and love are put out. Mr. President, it seems to me that the Christian religion, which has elevated woman to her true position as a peer by the side of man from which she was taken; that religion which is a part of the common law of this land, in its very spirit and declarations recognizes man as the representative of woman. The very structure of that religion which for centuries has been being built recognizes that principle, and it is written on its very door-posts. The woman, it is true, was first tempted; but it was in Adam that we all died. The angel, it is true, appeared to Mary; but it is in the God-man that we are all made alive. I do not see that there is any parity of reasoning between the case of the women of America, entitling them or making it desirable that they should have suffrage, and that of the colored citizens of the United States.
Mr. CONNESS: It does not appear that we can come to a vote to-night upon this proposition, and I therefore rise to propose an adjournment.
Mr. MORRILL: Perhaps we can get a vote on this simple amendment.
Mr. BROWN and others: Oh, no; let us adjourn.
Mr. MORRILL: I doubt whether there is any inclination to talk further on this amendment, and I should be glad to get a vote on it before we adjourn.
Mr. CONNESS: If the Senate will come to a vote, I will not move an adjournment.
Mr. BROWN: Mr. President——
Mr. DOOLITTLE: If the honorable Senator from Missouri will give way, I will renew the motion to adjourn.
Mr. BROWN: I do not care particularly to detain the Senate. I have but a very few remarks to make.
Several SENATORS: Let us adjourn.
Mr. DOOLITTLE: If the honorable Senator will give way, I will renew the motion to adjourn.
The PRESIDENT pro tem.: Does the Chair understand the Senator from Missouri as yielding the floor?
Mr. BROWN: Yes, sir.
Mr. DOOLITTLE: I move that the Senate do now adjourn.
The motion was agreed to; and the Senate adjourned.
In SENATE, WEDNESDAY, December 12, 1866.
Prayer by the Chaplain, Rev. E. H. Gray.
The Journal of yesterday was read and approved.
PETITIONS AND MEMORIALS.
The PRESIDENT pro tem.: The Chair has received, and takes this opportunity to lay before the Senate, the memorial of William Boyd, of Washington City, District of Columbia, the substance of which, stated in his own words, is:
I humbly ask your Honorable Body that you make no distinctions in regard to either color or sex if you should think proper to extend the elective franchise in this District, which I beg of your Honorable Body to do immediately; so that hereafter there shall be no distinction of race or sex. I am among those who believe that slavery will never die, until all laws are so constructed as to hold all mankind as equal before the law.
SUFFRAGE IN THE DISTRICT.
The PRESIDENT pro tem.: The unfinished business is the bill (S. No. 1) to regulate the elective franchise in the District of Columbia which is now before the Senate as in Committee of the Whole. The pending question is on the motion of the Senator from Pennsylvania [Mr. Cowan], to amend the amendment reported by the Committee on the District of Columbia, by striking out in the second line of its first section the word "male" before "person." Upon this question the Senator from Missouri is entitled to the floor.
Mr. BROWN: Mr. President, I do not believe that the pending amendment to the bill extending the franchise to women in the District of Columbia, offered by the Senator from Pennsylvania, was designed to be carried out into practical legislation at this time or in this connection. I think it was rather intended to elicit an expression of opinion from members of the Senate upon the general proposition involved. If it were to go into practical effect, I am one of those who believe that it would be necessary to accompany it by a good deal of other legislation to prevent it from degenerating into abuse, and perhaps corrupting many of those it designs to advance in position and influence. But accepting the matter in the light which I have stated, for one I am willing to express an opinion very freely on the subject. I have to say then, sir, here on the floor of the American Senate, I stand for universal suffrage, and as a matter of fundamental principle do not recognize the right of society to limit it on any ground of race, color, or sex. I will go further and say that I recognize the right of franchise as being intrinsically a natural right; and I do not believe that society is authorized to impose any limitation upon it that does not spring out of the necessities of the social state itself. These may seem, Mr. President, extreme views, but they conform to the rigid logic of the question, and I defy any Senator here who abides that logic to escape that conclusion. Sir, I have been shocked, yes, shocked, during the course of this debate at expressions which I have heard so often fall from distinguished Senators, and apparently with so little consideration of what the heresy irresistibly leads to, saying in substance that they recognize in this right of franchise only a conventional or political arrangement that may be abrogated at will and taken from any; that it is simply a privilege yielded to you and me and others by society or the Government which represents society; that it is only a gracious boon from some abstract place and abstract body for which we should be proud and thankful; in other words, that it is not a right in any sense, but only a concession. Mr. President, I do not hold my liberties by any such tenure. On the contrary, I believe that whenever you establish that doctrine, whenever you crystalize that idea in the public mind of this country, you ring the death-knell of American liberties. You take from each, what is perhaps the highest safeguard of all, the conviction that there are rights of men embracing their liberty in society, and substitute a skepticism on all matters of personal freedom and popular liberties which will lay them open to be overthrown whenever society shall become sufficiently corrupted by partyism or whenever constitutional majorities shall become sufficiently exasperated by opposition.
Mr. President, so important, yea, so crucial, so to speak, do I deem this position, that I trust I may be pardoned by the Senate if I refer to the abstract grounds, the invincible agreement upon which I deem it to rest. I do this the more readily because in my belief the metaphysical always controls ultimately the practical in all the affairs of life. Now, what are abstract rights? And are there any intrinsic necessary conditions that go to constitute liberty in society? I believe that there are, and that those conditions are as determinable as the liberties they protect. The foundation upon which all free government rests, and out of which all natural rights flow as from a common center, has been well stated by Mr. Herbert Spencer in a late work on "Social Statics," to be "the liberty of each limited by the like liberty of all." As the fundamental truth originating and yet circumscribing the validity of laws and constitutions, it can not be stated in a simpler form. As the rule in conformity with which society must be organized, and which distinguishes where the rightful subordination terminates, and where tyranny, whether of majorities or minorities, begins, it can not be too much commended. "Every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man," is stated as the law of just social relationships, and in it the rights of individual liberty of thought, of speech, of action, find their complete expression. It will be observed that equality is the essence of it all. In fact, any recognition of an inequality of rights is fatal to liberty.
Observe, furthermore, that those rights inhere in the individual, are part of his existence, and not the gift of any man or aggregation of men. If they were, equality under a despotism might find its justification in the postulate just as well as equality under a republic. Caesarean Democracy could claim like paternity with American Democracy. The assumption, then, that freedom in any of its forms is a privilege conceded by society is utterly unwarrantable, because society itself is a concession from the individual—the liberty of each limited by the like liberty of all—and such limitation is what society or Government represents. And it is in this sense, and flowing from this axiom, that the rights of franchise originally appertain to all alike; for franchise is in itself nothing more than a mode of participating in the common Government, and represents only the interest each has therein. That limitations may attach thereto, just as they attach to freedom of speech or freedom of action, is perfectly true; but they must be equal limitations, applicable to all alike, growing out of the social relation, and not leveled at the inherent right of any individual or class. Thus the exclusion of criminals from the franchise, the designation of terms of minority as connected with the exercise of political duties, the regulation of the admission to citizenship of persons coming from foreign countries, find their justification in a principle which, so far from recognizing in Government or society a purely arbitrary control of the rights and exercise of self-government or personal liberty, brings it down within rigid and narrow limits of equality and necessity.
There are those, and I am sorry some such have arisen in the Senate to-day, who seek to escape this conclusion, and put the blush upon all free government by affirming, as I have said, that the right of franchise is a purely political right, neither inherent nor inalienable, and may be divested by the citizen or the State at will. The consideration mentioned, that the right of franchise is neither more nor less than the right of self-government as exercised through a participation in the common government of all, shows, however, that if it be not a natural right it will be difficult to say in what a natural right consists. Indeed, it is perhaps the most natural of any of our rights, inasmuch as its denial is the denial of all right to personal liberty, for how can such latter right exist when the right to maintain it among men and the societies of men is denied? Again, if the right to share in the joint government is not inherent, from whence does it come? Who can give the right to govern another? and how can any give what he has not got? Society is but the aggregate of individuals, and in its authority represents only the conceded limitations on all, not any reservoir of human rights, otherwise human rights would vary with every changing association. Still again, if the right of a man as regards Government can be divested either by himself or Government at will, then Government has no limit to its rightful tyranny—it may divest not only one man, but a hundred or a thousand; indeed, why not all but the chosen few or the imperial one, thus arriving logically at oligarchic or despotic rule. And if a man may divest himself of this right, what right is sacred from his renunciation? That a man may refuse to exercise any right is true, and that in changing his abode he may sever his political and social relations is equally true; but these facts only prove that his natural rights inhere in his person, go with him in his movement, subject always to be exercised under the conditions and limitations before recited. After all, to demonstrate the utter falsity and pernicious consequence of the idea that the right to share in the common Government (which is only a synonym for the right of franchise) is a privilege to be farmed out by Government at discretion and to whom it chooses, it is only necessary to ask, if that be so, whence comes the right to representation? Wherein is the foundation for any democratic society, predicated on the rights of individuals? That various mixed Governments do undertake to limit the franchise to the few as a privilege coming from the body-corporate, has nothing to do with the question, for I am discussing now rights, not practices; republics, not aristocracies.
Such I believe, Mr. President, to be the principles on which our personal rights, our liberties in society repose. It is true the argument carries us very far, but not farther, I apprehend, than republican government must go whenever it undertakes to conform its practice to its logic. And having examined the general reasoning that controls the whole question of franchise, let me now advert more particularly to the bearing of that argument upon the proposition submitted by the Senator from Pennsylvania. I know that many affirm that the results to which such reasoning as that I have adduced would lead are themselves conclusive against its force. But that is scarcely a fair mode of judging of the strength and invincibility of any argument, far less one touching interests so momentous in character. To give the objection its greatest force it may be said, "If suffrage be the right of all men, why is it not also the right of all women, of all children?" "Are they not equally interested in good government, and are they not equally capable of expressing through a vote their wish in relation to public affairs?" "Do they not come within the category, the equal liberty of each limited by the like liberty of all, and if so, can the infringement of their liberty by disfranchisement be justified!" To such questions, and, in fact, to the whole inquiry, it may be replied that as freedom finds the expression of its limits in the social relation itself, so long as the marital and paternal state remain as they are now, essential parts to that social relation, so long will there be more or less of constraint involved in their expression through governmental forms. And it may be added also that in so far as marriage and paternity establish an identity of interest between husband and wife, or parent and child, so far the participation of the one in the Government is virtually the participation of both, the franchise of one the franchise of both. Such identity is not always true or equable, but it nevertheless approximates truth, and is therefore the more readily accepted as such in practical affairs.
That the rights of women, however, are intrinsically the same with those of men, may not be consistently denied; and that all the advance of modern civilization has been toward according them greater equality of condition is attested by the current history of every nation within its pale. Rights of married women and minors are constantly finding new expression in our laws and new force in our public opinion, which is only law in process of formation. While it will not be necessary, therefore, to go into those deeper and anterior questions of social life involving the substitution of voluntary for compulsory modes which are agitating so profoundly the intellect of this age, it is important to note that of the three great departments of control in human affairs, namely, morals or conscience, manners or society, governments or laws, the two former have been unreservedly conceded to the full and equal participation of women. And furthermore, I venture to affirm with all confidence, that although the social relation, as it embraces a recognition of family dependence, may present obstacles to an equal influence under present forms of government and to the full exercise of citizen rights on the part of women, yet that the purity, the refinement, the instinctive reading of character, the elegant culture of the women of our land, if brought to bear upon the conduct of political affairs, would do much to elevate them in all their aims, and conform them to higher standards of justice.
Mr. President, I have listened in vain for the argument on which is predicated the assertion that sex alone affords a rightful ground for exclusion from the rights of franchise. I do not find anything to justify that view, even in the position of those who contend that franchise is a mere political privilege and not founded in any right, for that would apply to men equally as to women, and does not touch the question of relative rights. The position would still remain to be established why the franchise should be given to the one and not to the other. It would remain still to present grounds of principle on which that right as such may be denied to her and not denied to him. I have heard reasons of policy, reasons of sentiment, reasons of precedent advanced to justify this exclusion; but in all frankness, and with no disrespect intended, I must say that those which have been presented during this debate seem to me trivial, illogical, and contradictory of one another.
First, it has been said that if women are entitled to the rights of franchise they would correspondingly come under the obligation to bear arms. But, sir, I do not know that there is any necessary connection between the right of franchise and the requirement of service in your army. On the contrary, I do know that all Governments which have existed among men do now recognize the fact that there is no necessary connection between the two; and I do know that no Government has more distinctly recognized this position than the Government of the United States. Are there not large classes even among men in this country who are exempt from service in our armies for physical incapacity and for other reasons? And if exemptions which appertain to males may be recognized as valid, why not similar exemptions for like reason when applied to females? Does it not prove that there is nothing in the argument so far as it involves the question of right? There are Quakers and other religious sects; there are ministers of the gospel—persons having conscientious scruples; indeed, all men over a certain age who under the laws of many of the States are released from service of that character. Indeed, it is the boast of the republic that ours is a volunteer military establishment. Hence I say there is nothing in the position that because she may not be physically qualified for service in your army, therefore you have the right to deny her the franchise on the score of sex. It might be an inquiry of very great interest and worthy of being pursued much further than I have the time or the ability to pursue it just now, how far, if the ballot should be extended to all the women in this land, it would go to modify existing opinion and action and relationship among States so as to obliterate in a great degree the very necessity for your army and navy. I believe, sir, that a very large majority of the wars that have been waged in this world have been wars that were condemned by the moral sense of the nations on both sides; wars that would have been terminated forthwith if that moral sense could have had its rightful influence in controlling the affairs of Government; and I say it is a question that is worthy of consideration how far such an element introduced into your political control would go to obviate these barbarous resorts to force which you now deem essential and which we all deplore, but which it is a folly, if not a crime, to say constitute a reason woman should be denied any right to which she would be otherwise entitled.
Mr. President, a second objection has been taken to any extension of the franchise in this direction, and it is one that perhaps has more seeming force in it than the other. It has been said with a great deal of pathos by the Senator from New Jersey: what, would you have your wives and your daughters mingle in the scenes at the election-booths, go into the riotous demonstrations that attend upon the exercise of the ballot, and become participants in the angry and turbulent strifes that are so characteristic of our political modes. I say with frankness that I would not have wife or daughter mingle in any such scene; I would be loth to have their purity and their virtue exposed to such demoralized surroundings, surroundings that are only too apt to corrupt even the males that mingle in the political arena. But, sir, I contend that that is an argument against the ballot and the hustings and the polling-booths, and not against the rights of woman. It is an argument against those corruptions that you have permitted to grow and fasten upon your political methods and appliances, and not an argument against her rights as contrasted with the rights of man. What! usurp an exclusive control—then degrade the modes of exercising power, and after that say the degradation is reason why the usurpation should continue unchallenged. What profanation of the very powers of thought is that! On the contrary, I am prepared to say that I see no reason, I never have seen any reason, why there might not be changes introduced in your modes of taking the sense of the community, of ascertaining public opinion upon public measures, of making selection even of its individuals for important offices, that would conform them far more to those refinements and those elevations which should characterize and control them, purifications that must render them appropriate for participation in by the most refined of the land, whether male or female. I see no reason why it should not be done. The change has been constant already from the very rudest forms to the forms which we now have, and which I am sorry to say, are sufficiently rude to disgrace the civilization of the age. Why not further amelioration and adaptation? Are we to have no progress in the modes of government among men? Are we and future generations to be ever imprisoned in the uncouth alternative of monarchical or democratic forms as they now obtain? I can not believe it. For five years past we have had revolution enough among us to satisfy even the most conservative that the present is no ultimatum, either of form or substance in political or social affairs. I will go further and venture to say, that there are now seething underneath all the forms of this Government, revolutions still more striking than any one of us have yet witnessed. Beneath all these methods and appliances of administrations and controls among men, I believe there is under our very feet a heaving, unsteady ocean of aroused questioning in which many modes now practiced will sink to rise no more, and out of which other adaptations will emerge that will render far more perfect the reflection of the will of the people; that will perhaps represent minorities as well as majorities; that will disarm corruptions by dispensing with party organizations. It is the very witching hour of change. |
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