Another candidate on that ticket was a saloon-keeper who had grown rich in the traffic, but whose private character was much above the morals of his business. He had recently married a very nice young lady in the East, and she was much excited when she learned how matters were progressing. She told her husband she was ashamed of him and would vote against him, and would enlist all the members of her church against him if she could; and she went to work in earnest and was a most efficient cause of the defeat of the ticket. Her husband also was proud of her, and said it served him right and he was glad of it. I have never heard that the domestic harmony of either of these families was in anyway disturbed by these events, but I know that they have prospered and are still successful and happy.

Still the legislature was strongly Democratic. There were four Republicans and five Democrats in the Council, and four Republicans and nine Democrats in the House. When they met in November, 1871, many Democrats were found to be bitterly opposed to woman suffrage and determined to repeal the act; they said it was evident they were losing ground and the Republicans gaining by reason of the women voting, and that it must be stopped. The Republicans were all inclined to sustain the law. Several caucuses were held by the Democrats to determine on their course of action and overcome the opposition in their own ranks. These caucuses were held in one of the largest drinking saloons in Cheyenne and all the power of whiskey was brought to bear on the members to secure a repeal of the woman suffrage act. It required considerable time and a large amount of whiskey, but at last the opposition was stifled and the Democratic party was brought up solid for repeal. A bill was introduced in the House for the purpose, but was warmly resisted by the Republicans and a long discussion followed. It was finally carried by a strict party vote and sent to the Council, where it met with the same opposition and the same result followed. It then went to the governor for his approval. There was no doubt in his mind as to the course he ought to take. He had seen the effects produced by the act of enfranchisement, and unhesitatingly approved all of them. He promptly returned the bill with his veto; and the accompanying message is such an able paper and so fully sets forth the reasons in favor of the original act, and the good results of its operation, that at least a few extracts well deserve a prominent place in this record:

I return herewith to the House of Representatives, in which it originated, a bill for "An Act to repeal Chapter XXXI. of the Laws of the First Legislative Assembly of the Territory of Wyoming."

I regret that a sense of duty compels me to dissent from your honorable body with regard to any contemplated measure of public policy. It would certainly be more in accordance with the desire I have to secure and preserve the most harmonious relations among all the branches of our territorial government, to approve the bill. A regard, however, for the rights of those whose interests are to be affected by it, and for what I believe to be the best interests of the territory, will not allow me to do so. The consideration, besides, that the passage of this bill would be, on the part of those instrumental in bringing it about, a declaration that the principles upon which the enfranchisement of women is urged are false and untenable, and that our experience demonstrates this, influences me not a little in my present action.

While I fully appreciate the great danger of too much attention to abstract speculation or metaphysical reasoning in political affairs, I cannot but perceive that there are times and circumstances when it is not only proper but absolutely necessary to appeal to principles somewhat general and abstract, when they alone can point out the way and they alone can guide our conduct. So it was when, two years ago, the act which this bill is designed to repeal was presented for my approval. There was at that time no experience to which I might refer and test by its results the conclusions to which the application of certain universally admitted principles led me. In the absence of all such experience I was driven to the application of principles which through the whole course of our national history have been powerfully and beneficially operative in making our institutions more and more popular, in framing laws more and more just and in securing amendments to our federal constitution. If the ballot be an expression of the wish, or a declaration of the will, of the tax-payer as to the manner in which taxes should be levied and collected and revenues disbursed, why should those who hold in their own right a large proportion of the wealth of the country be excluded from a voice in making the laws which regulate this whole subject? If, again, the ballot be for the physically weak a guarantee of protection against the aggression and violence of the strong, upon what ground can the delicate bodily organism of woman be forbidden this shelter for her protection? If, once more, each ballot be the declaration of the individual will of the person casting it, as to the relative merit of opposed measures or men, surely the ability to judge and determine—the power of choice—does not depend upon sex, nor does womanhood deprive of personality. If these principles are too general to be free from criticism, and if this reasoning be too abstract to be always practically applicable, neither the principles nor the reasoning can fail of approbation when contrasted with the gloomy misgivings for the future and the dark forebodings of evils, imaginary, vague and undefined, by dwelling upon which the opponents of this reform endeavor to stay its progress. Aggressive reasoning and positive principles like these must be met with something more than mere doubtful conjectures, must be resisted by something more than popular prejudices, and overthrown—if overthrown at all—by something stronger than the force of inert conservatism; yet what is there but conjecture, prejudice and conservatism opposing this reform? * * * * * * * *

The law granting to women the right to vote and to hold office in this territory was a natural and logical sequence to the other laws upon our statute-book. Our laws give to the widow the guardianship of her minor children. Will you take from her all voice in relation to the public schools established for the education of those children? Our laws permit women to acquire and possess property. Will you forbid them having any voice in relation to the taxation of that property? This bill says too little or too much. Too little, if you legislate upon the assumption that woman is an inferior who should be kept in a subordinate position, for in that case the other laws affecting her should be repealed or amended; and too much, if she is, as no one will deny, the equal of man in heart and mind, for in that case we cannot afford to dispense with her counsel and assistance in the government of the territory.

I need only instance section 9 of the school act, which declares that, "In the employment of teachers no discrimination shall be made in the question of pay on account of sex when the persons are equally qualified." What is more natural than that the men who thought that women were competent to instruct the future voters and legislators of our land, should take the one step in advance of the public sentiment of yesterday and give to her equal wages for equal work? And when this step had been taken, what more natural than that they should again move forward—this time perhaps a little in advance of the public sentiment of to-day—and give to those whom they consider competent to instruct voters, the right to vote.

To the statement, so often made, that the law which this bill is intended to repeal was passed thoughtlessly and without proper consideration, I oppose the fact to which I have adverted, that the law perfectly conforms to all the other laws in relation to women upon our statute-book. Studied in connection with the other laws it would seem to have grown naturally from them. It harmonizes entirely with them, and forms a fitting apex to the grand pyramid which is being built up as broadly and as surely throughout all the States of the Union as it has been built up and capped in Wyoming.

The world does not stand still. The dawn of Christianity was the dawn of light for woman. For eighteen centuries she has been gradually but slowly rising from the condition of drudge and servant for man, to become his helpmeet, counselor and companion. As she has been advanced in the social scale, our laws have kept pace with that advancement and conferred upon her rights and privileges with accompanying duties and responsibilities. She has not abused those privileges, and has been found equal to the duties and responsibilities. And the day is not far distant when the refining and elevating influence of women will be as clearly manifested in the political as it now is in the social world.

Urged by all these considerations of right, and justice, and expediency, and the strong conviction of duty, I approved that act of which this bill contemplates the repeal, and it became a law. To warrant my reconsidering that action, there ought to be in the experience of the last two years something to show that the reasons upon which it was founded were unsound, or that the law itself was wrong or at least unwise and inexpedient. My view of the teachings of this experience is the very reverse of this. Women have voted, and have the officers chosen been less faithful and zealous and the legislature less able and upright? They have sat as jurors, and have the laws been less faithfully and justly administered, and criminals less promptly and adequately punished? Indeed the lessons of this two years' experience fully confirm all that has been claimed by the most ardent advocate of this innovation.

In this territory women have manifested for its highest interests a devotion strong, ardent, and intelligent. They have brought to public affairs a clearness of understanding and a soundness of judgment, which, considering their exclusion hitherto from practical participation in political agitations and movements, are worthy of the greatest admiration and above all praise. The conscience of women is in all things more discriminating and sensitive than that of men; their sense of justice, not compromising or time-serving, but pure and exacting; their love of order, not spasmodic or sentimental merely, but springing from the heart; all these,—the better conscience, the exalted sense of justice, and the abiding love of order, have been made by the enfranchisement of women to contribute to the good government and well-being of our territory. To the plain teachings of these two years' experience I cannot close my eyes. I cannot forget the benefits that have already resulted to our territory from woman suffrage, nor can I permit myself even to seem to do so by approving this bill.

There is another, and in my judgment, a serious objection to this bill, which I submit for the consideration and action of your honorable body. It involves a reference to that most difficult of questions, the limitations of legislative power. High and transcendent as that power undoubtedly and wisely is, there are limits which not even it can pass. Two years ago the legislature of this territory conferred upon certain of its citizens valuable rights and franchises. Can a future legislature, by the passage of a law not liable to the objection, that it violates the obligation of contracts, take away those rights? It is not claimed, so far as I have been informed, that the persons upon whom these franchises were conferred have forfeited or failed to take advantage of them. But even if such were the case it would be rather a matter for judicial determination than for legislative action. What that determination would be is clearly indicated in the opinion of Associate-justice Story in the celebrated case of Trustees of Dartmouth College vs. Woodward: "The right to be a freeman of a corporation is a valuable temporal right. * * It is founded on the same basis as the right of voting in public elections; it is as sacred a right; and whatever might have been the prevalence of former doubts, since the time of Lord Holt, such a right has always been deemed a valuable franchise or privilege."

But even if we concede that these rights once acquired may be taken away, the passage of this bill would be, in my judgment, a most dangerous precedent. Once admit the right of a representative body to disfranchise its own constituents, and who can establish the limits to which that right may not be carried? If this legislature takes from women their franchises or privileges, what is to prevent a future legislature from depriving certain men, or classes of men, that, from any consideration they desire to disfranchise, of the same rights? We should be careful how we inaugurate precedents which may "return to plague the inventors," and be used as a pretext for taking away our liberties.

It will be remembered that in my message to the legislature at the commencement of the present session I said: "There is upon our statue book an act granting to the women of Wyoming territory the right of suffrage and to hold office which has now been in force two years. Under its liberal provisions women have voted in the territory, served on juries, and held office. It is simple justice to say that the women, entering for the first time in the history of the country upon these new and untried duties, have conducted themselves with as much tact, sound judgment, and good sense as the men. While it would be claiming more than the facts justify, to say that this experiment, in a limited field, has demonstrated beyond a doubt the perfect fitness of woman, at all times and under all circumstances, for taking a part in the government, it furnishes at least reasonable presumptive evidence in her favor, and she has a right to claim that, so long as none but good results are made manifest, the law should remain unrepealed."

These were no hastily formed conclusions, but the result of deliberation and conviction, and my judgment to-day approves the language I then used. For the first time in the history of our country we have a government to which the noble words of our Magna Charta of freedom may be applied,—not as a mere figure of speech, but as expressing a simple grand truth,—for it is a government which "derives all its just powers from the consent of the governed." We should pause long and weigh carefully the probable results of our action before consenting to change this government. A regard for the genius of our institutions, for the fundamental principles of American autonomy, and for the immutable principles of right and justice, will not permit me to sanction this change.

These reasons for declining to give my consent to the bill, I submit with all deference for the consideration and judgment of your honorable body.

J. A. CAMPBELL.

The Republicans in the House made an ineffectual effort to sustain the veto, but the party whip and the power of the saloons were too strong for them, and the bill was passed over the veto by a vote of 9 to 4. It met a different and better fate, however, in the Council, where it was sustained by a vote of 4 to 5, a strict party vote in each case. Mr. Corlett, a rising young lawyer, at that time in the Council and since then a delegate in congress, made an able defense of the suffrage act and resisted its repeal, sustaining the veto with much skill and final success. And there was much need, for the Democrats had made overtures to one of the Republican members of the Council (they lacked one vote) and had obtained a promise from him to vote against the veto; but Mr. Corlett, finding out the fraud in season, reclaimed the fallen Republican and saved the law. It is due to Mr. Corlett to say that he has always been an able and consistent supporter of woman's rights and universal suffrage. He is now the leading lawyer of the territory.

Since that time the suffrage act has grown rapidly in popular favor, and has never been made a party question. The leading men of both parties, seeing its beneficial action, have given it an unqualified approval; and most, if not all, of its former enemies have become its friends and advocates. Most of the new settlers in the territory, though coming here with impressions or prejudices against it, soon learn to respect its operation, and admire its beneficial results. There is nowhere in the territory a voice raised against it, and it would be impossible to get up a party for its repeal.

The women uniformly vote at all our elections, and are exerting every year a more potent influence over the character of the candidates selected by each party for office, by quietly defeating those most objectionable in point of morals. It is true they are not now summoned to serve on juries, nor are they elected to office; and there are some obvious reasons for this. In the first place, they never push themselves forward for such positions, as the men invariably do; and in the second place, the judges who have been sent to the territory, since the first ones, have not insisted on respecting the women's rights as jurors, and in some cases have objected to their being summoned as such. But these matters will find a remedy by and by. It used to be an important question in the nominating caucuses, "Will this candidate put up money enough to buy the saloons, and catch the loafers and drinkers that they control?" Now the question is, "Will the women vote for this man, if we nominate him?" There have been some very remarkable instances where men, knowing themselves to be justly obnoxious to the women, have forced a nomination in caucus, relying on their money and the drinking shops and party strength to secure an election, who have been taught most valuable lessons by signal defeat at the polls. It would be invidious to call names or describe individual cases, and could answer no necessary purpose. But I would ask particular attention to the following articles, taken from recent newspapers, as full and satisfactory evidence of the truth of these statements, and of the wisdom of granting universal suffrage and equal rights to the citizens of Wyoming territory.

The Laramie City Daily Sentinel of December 16, 1878, J. H. Hayford, editor, has the following leading editorial:

For about eight years now, the women of Wyoming territory have enjoyed the same political rights and privileges as the men, and all the novelties of this new departure, all the shock it carried to the sensibilities of the old conservatives, have long since passed away. For a long time—even for years past—we have frequently received letters asking for information as to its practical results here, and still more frequently have received copies of eastern papers with marked articles which purported to be written by persons who resided here, or had visited the territory and witnessed the awful results or the total failure of the experiment. We have usually paid no attention to these false and anonymous scribblers, who took this method to display their shallow wit at the sacrifice of truth and decency. But recently we have received more than the usual number of such missives, and more letters, and from a more respectable source than before, and we take this occasion and method to answer them all at once, and once for always, and do it through the columns of the Sentinel, one of the oldest and most widely circulated papers in the territory, because it will be readily conceded that we would not publish here at home, false statements and misrepresentations upon a matter with which all our readers are familiar, and which, if false, could be easily refuted.

We assert here, then, that woman suffrage in Wyoming has been in every particular a complete success.

That the women of Wyoming value as highly the political franchise, and as generally exercise it, as do the men of the territory.

That being more helpless, more dependent and more in need of the protection of good laws and good government than are men, they naturally use the power put into their hands to secure these results.

That they are controlled more by principle and less by party ties than men, and generally cast their votes for the best candidates and the best measures.

That while women in this territory frequently vote contrary to their husbands, we have never heard of a case where the family ties or domestic relations were disturbed thereby, and we believe that among the pioneers of the West there is more honor and manhood than to abuse a wife because she does not think with her husband about politics or religion.

We have never seen any of the evil results growing out of woman suffrage which we have heard predicted for it by its opponents. On the contrary, its results have been only good, and that continually. Our elections have come to be conducted as quietly, orderly and civilly as our religious meetings, or any of our social gatherings, and the best men are generally selected to make and enforce our laws. We have long ago generally come to the conclusion that woman's influence is as wholesome and as much needed in the government of the State as in the government of the family. We do not know of a respectable woman in the territory who objects to or neglects to use her political power, and we do not know of a decent man in the territory who wishes it abolished, or who is not even glad to have woman's help in our government.

Our laws were never respected or enforced, and crime was never punished, or life or property protected until we had woman's help in the jury box and at the polls, and we unhesitatingly say here at home that we do not believe a man can be found who wishes to see her deprived of voice and power, unless it is the one "who fears not God nor regards man," who wants to pursue a life of vice or crime, and consequently fears woman's influence and power in the government. We assert further that the anonymous scribblers who write slanders on our women and our territory to the eastern press, are either fools, who know nothing about what they write, or else belong to that class of whom the poet says:

"No rogue e'er felt the halter draw With good opinion of the law."

We took some pains to track up and find out the author of one of the articles against woman suffrage to which our attention was called, and found him working on the streets of Cheyenne, with a ball and chain to his leg. We think he was probably an average specimen of these writers. And, finally, we challenge residents in Wyoming who disagree with the foregoing sentiments, and who endorse the vile slanders to which we refer, to come out over their own signature and in their own local papers and take issue with us, and our columns shall be freely opened to them.

There are some obvious inferences to be drawn and some rather remarkable lessons to be learned, from the foregoing narrative. In the first place, the responsibilities of self government, with the necessity of making their own laws, was delegated to a people, strangers to each other, with very little experience or knowledge in such matters, and composed of various nationalities, with a very large percentage of the criminal classes. It is a matter of surprise that they should have so soon settled themselves into an orderly community, where all the rights of person and property are well protected, and as carefully guarded and fully respected as in any of our old eastern commonwealths. It is a still greater surprise that a legislature selected by such a constituency, under such circumstances as characterized our first election, and composed of such men as were in fact elected, should have been able to enact a body of laws containing so much that was good and practicable, and so little that was injudicious, unwise or vicious.

In the next place, it is evident that there was no public sentiment demanding the passage of the woman suffrage law, and but few advocates of it at that time in the territory; that its adoption, under such circumstances, was not calculated to give it a fair chance to exert a favorable influence in the community, or even maintain itself among the permanent customs and laws of the territory. The prospect was, that it would either remain a dead letter, or be swept away under the ridicule and abuse of the press, and the open attacks of its enemies. But it has withstood all these adverse forces, and from small beginnings has grown to be a permanent power in our politics, a vital institution, satisfactory to all our people. The far-reaching benefits it will yet accomplish can be easily foreseen. To make either individuals or classes respected and induce them to respect themselves, you must give them power and influence, a fair field and full enjoyment of the results of their labors. We have made a very creditable beginning in this direction, so far as woman is concerned, and we have no doubts about the outcome of it. Wyoming treats all her citizens alike, and offers full protection, equal rewards, and equal power, to both men and women.

Again it is very evident that while our women take no active part in the primary nomination of candidates for office, they exercise a most potent influence by the independent manner in which they vote, and the signal defeat they inflict on many unworthy candidates. Their successful opposition to the power of the bar-rooms is a notable and praiseworthy instance of the wise use of newly-acquired rights. The saloon-keepers used to sell themselves to that party, or that man, who would pay the most, and while robbing the candidates, degraded the elections and debauched the electors. So long as it was understood that in order to secure an election it was necessary to secure the rum-shops, good men were left out of the field, and unscrupulous ones were sought after as candidates. The women have already greatly modified this state of affairs and are likely to change it entirely in the end.

Another wonderful consequence which has attended the presence of women at the polls, is the uniform quiet and good order on election day. All the police that could be mustered, could not insure half the decorum that their simple presence has everywhere secured. No man, not even a drunken one, is willing to act like a rowdy when he knows the women will see him. Nor is he at all anxious to expose himself in their presence when he knows he has drank too much. Such men quit the polls, and slink out of the streets, to hide themselves from the eyes of the women in the obscurity of the drinking shops.

Another fact of great importance is the uniform testimony as to woman's success as a juror. It is true that there has been but a limited opportunity, thus far, to establish this as a fact beyond all doubt. But a good beginning has been made, a favorable impression produced, and no bad results have accompanied or followed the experiment. If our jury system of trying cases is to be preserved, as a tolerable method of settling disputes and administering justice in our courts, every one will admit that a great improvement in the character of the jurors must be speedily found. At present, a jury trial is generally regarded as a farce, or something worse. The proof of this is seen in the fact that in most of our courts the judges are required to try all cases without a jury, where the parties to the action consent, and that in a great portion of the cases the parties do consent.

Another notable observation is the rapid growth of opinion in favor of woman suffrage among our people, after its first adoption; but more particularly the change effected in the minds of the new settlers, who come to the territory with old prejudices and fixed notions against it. Neither early education, nor personal bias, nor party rancor, has been able to withstand the overwhelming evidence of its good effects, and of its elevating and purifying influence in our political and social organization.

I must add, in conclusion, that the seventh legislature of our territory has just closed its session of sixty days. It was composed of more members than the earlier legislatures were, there being thirteen in the Council and twenty-six in the House. Many important questions came up for consideration, and a wide field of discussion was traveled over, but not one word was at any time spoken by any member against woman suffrage.

Hon. M. C. Brown, district-attorney for the territory, confirms the testimony given by the judges and Governor Campbell, in a letter to the National Suffrage Convention held in Washington in 1884, which will be found in the pamphlet report of that year.

FOOTNOTES:

[491] Messrs. Wade, Anthony, Gratz Brown, Buckalew, Cowan, Foster, Nesmith, Patterson, Riddle. See Vol. II., Chapter XVII.

[492] Ex-Governor Hoyt in his public speeches frequently gives this bird's-eye view of Bright's domestic and political discussions: "Betty, it's a shame that I should be a member of the legislature and make laws for such a woman as you. You are a great deal better than I am; you know a great deal more, and you would make a better member of the Assembly than I, and you know it. I have been thinking about it and have made up my mind that I will go to work and do everything in my power to give you the ballot. Then you may work out the rest in your own way." So he went over and talked with other members of the legislature. They smiled. But he got one of the lawyers to help him draw up a short bill, which he introduced. It was considered and discussed. People smiled generally. There was not much expectation that anything of that sort would be done; but this was a shrewd fellow, who managed the party card in such a way as to get, as he believed, enough votes to carry the measure before it was brought to the test. I will show you a little behind the curtain, so far as I can draw it. Thus he said to the Democrats: "We have a Republican governor and a Democratic Assembly. Now, then, if we can carry this bill through the Assembly and the governor vetoes it, we shall have made a point, you know; we shall have shown our liberality and lost nothing. But keep still; don't say anything about it." They promised. He then went to the Republicans and told them that the Democrats were going to support his measure, and that if they did not want to lose capital they had better vote for it too. He didn't think there would be enough of them to carry it, but the vote would be on record and thus defeat the game of the other party. And they likewise agreed to vote for it. So when the bill came to a vote it went right through! The members looked at, each other in astonishment, for they hadn't intended to do it, quite. Then they laughed and said it was a good joke, but they had "got the governor in a fix." So the bill went, in the course of time, to John A. Campbell, who was then governor—the first governor of the territory of Wyoming—and he promptly signed it! His heart was right. He saw that it was long-deferred justice, and so signed it as gladly as Abraham Lincoln wrote his name to the Proclamation of Emancipation of the slaves. Of course the women were astounded! If a whole troop of angels had come down with flaming swords for their vindication, they would not have been much more astonished than they were when that bill became a law and the women of Wyoming were thus clothed with the habiliments of citizenship.

[493] No sooner had these gentlemen left than Mrs. Post and Mrs. Arnold had a long interview with the governor, urging him to sign the bill on the highest moral grounds; not only to protect the personal rights of the women of the territory but to compel the men to observe the decencies of life and to elevate the social and political status of the people.—[E. C. S.

[494] In the summer of 1871 Mrs. Stanton and myself, en route for California, visited Wyoming and met the women who were most active in the exercise of their rights of citizenship. At Cheyenne we were the guests of Mrs. M. B. Arnold and Mrs. Amalia B. Post. Mrs. Arnold had a large cattle-ranch and Mrs. Post an equally large sheep-ranch a few miles out of the city, which they superintended, and from which each received an independent income. They had not only served as jurors, but acted as foremen. At Laramie we were the guests of Mr. J. H. Hayford, editor of the Laramie Sentinel, and met Grandma Swain, who was the first woman to cast her ballot in that city. We also met Judges Howe and Kingman and Governor Campbell, and heard from them of the wonderful changes wrought in the court-room and at the polls by the presence of enfranchised women. We spoke in the very court-room in which women had sat as jurors and felt an added inspiration from that fact.—[S. B. A.

[495] The following is the list of the first grand jury at Laramie City, composed of nine men and six women, as impanneled and sworn: C. H. Bussard, foreman; Mrs. Jane E. Hilton, T. W. DeKay, Jeremiah Boies, Mrs. H. C. Swain. Joseph DeMars, M. N. Merrill, Mrs. M. A. Pierce, Mrs. C. Blake, Richard Turpin, G. W. Cardwell, Mrs. S. L. Larimer, N. C. Worth, Mrs. Jane Mackle, W. H. Mitchell.



CHAPTER LIII.

CALIFORNIA.

Liberal Provisions in the Constitution—Elizabeth T. Schenck—Eliza W. Farnham—Mrs. Mills' Seminary, now a State Institution—Jeannie Carr, State Superintendent of Schools—First Awakening—The Revolution—Anna Dickinson—Mrs. Gordon Addresses the Legislature, 1868—Mrs. Pitts Stevens Edits The Pioneer—First Suffrage Society on the Pacific Coast, 1869—State Convention, January 26, 1870, Mrs. Wallis, President—State Association Formed, Mrs. Haskell of Petaluma, President—Mrs. Gordon Nominated for Senator—In 1871, Mrs. Stanton and Miss Anthony Visit California—Hon. A. A. Sargent Speaks in Favor of Suffrage for Woman—Ellen Clarke Sargent Active in the Movement—Legislation Making Women Eligible to Hold School Offices, 1873—July 10, 1873, State Society Incorporated, Sarah Wallis, President—Mrs. Clara Foltz—A Bill Giving Women the Right to Practice Law—The Bill Passed and Signed by the Governor—Contest Over Admitting Women into the Law Department of the University—Supreme Court Decision Favorable—Hon. A. A. Sargent on the Constitution and Laws—Journalists and Printers—Silk Culture—Legislative Appropriation—Mrs. Knox Goodrich Celebrates July 4, 1876—Imposing Demonstration—Ladies in the Procession.

The central figure in the seal of California is the presiding goddess of that State, her spear in one hand, the other resting on her shield, the cabalistic word "Eureka" over her head and a bear crouching quietly at her feet. She seems to be calmly contemplating the magnificent harbor within the Golden Gate. The shadows on the distant mountains, the richly-laden vessels and the floating clouds indicate the peaceful sunset hour, and the goddess, in harmony with the scene is seated at her ease, as if after many weary wanderings in search of an earthly Paradise she had found at last the land of perennial summers, fruits and flowers—a land of wonders, with its mammoth trees, majestic mountain-ranges and that miracle of grandeur and beauty, the Yosemite Valley. Verily it seems as if bounteous Nature in finishing the Pacific Slope did her best to inspire the citizens of that young civilization with love and reverence for the beautiful and grand.

California, admitted to the Union in 1850, owing to the erratic character of her early population, has passed through more vicissitudes than any other State, but she secured at last social order, justice in her courts and a somewhat liberal constitution, as far as the personal and property rights of the "white male citizen" were concerned. By its provisions—

All legal distinctions between individuals on religious grounds are prohibited; the utmost freedom of assembling, of speech and of the press is allowed, subject only to restraint for abuse; there is no imprisonment for debt, except where fraud can be proved; slavery and involuntary servitude, except for crime, are prohibited; wives are secured in their separate rights of property; the exemption of a part of the homestead and other property of heads of families from forced sale is recognized.

So far so good; but while the constitution limits the franchise to every "white male citizen" over twenty-one, who has been a resident of the State six months, and thus makes outlaws and pariahs of all the noble women who endured the hardships of the journey by land or by sea to that country in the early days, who helped to make it all that it is, that instrument cannot be said to secure justice, equality and liberty to all its citizens. The position in the constitution and laws of that vast territory, of the real woman who shares the every-day trials and hardships of her sires and sons inspires no corresponding admiration and respect, with the ideal one who gilds and glorifies the great seal of the State.

For the main facts of this chapter we are indebted to Elizabeth T. Schenck.[496] She says:

Out of the stirring scenes and tragical events characterizing the early days of California one can well understand that there came of necessity many brave and adventurous argonauts and many women of superior mental force, from among whom in after years the woman suffrage cause might receive most devoted adherents. For nearly a score of years after the great incursion of gold-seekers into this newly-acquired State no word was uttered by tongue or pen demanding political equality for women—none at least which reached the public ear. There were no preceding causes, as in the older States, to stimulate the discussion of the question, and even that mental amazon, Eliza W. Farnham who was one of the distinguished pioneers of California, gathered her inspiration from afar, and thought and wrote for the whole world of women without once sounding the tocsin for woman's political emancipation. Many of the women who braved the perils of the treacherous deep, or still more terrible dangers of the weary march over broad deserts, inhospitable mountains, and through the fastnesses of hostile and merciless Indians, to reach California in the early times, entertained broad views upon the intellectual capacity and political rights of women, but their efforts were confined to fields of literature. While this advanced guard of progressive women was moulding into form a social system out of the turbulent and disorganized masses thrown together by the rapidly-increasing population from all parts of the globe, the elements were aggregating which in after years produced powerful, outspoken thought and earnest action in behalf of disfranchised women.

Here as elsewhere women took the lead in school matters and were the most capable and efficient educators from the days of "'49." One of our permanent State institutions, Mills' Seminary, was founded by a woman whose name it bears, and who, assisted by her husband, Rev. Mr. Mills, conducted the school for nearly a quarter of a century, until by an act of the legislature, she conveyed it to the State. Several principals of the public schools in San Francisco have held their positions for over twenty consecutive years. Mrs. Jeanne Carr, deputy state superintendent of public instruction from 1871 to 1875, was succeeded by Mrs. Kate M. Campbell, who served most efficiently for the full term. During Mrs. Carr's public service she visited nearly every county in the State, attending teachers' institutes, and lecturing upon educational topics with great ability. For many years women have been eligible to school offices in California and there is not a county in the State where women have not filled positions as trustees or been elected to the office of county superintendent.[497] Mrs. Coleman has been reelected to that office in Shasta county, and Mrs. E. W. Sullivan in Mono county has served for several terms.

The first attempt to awaken the public mind to the question of suffrage for woman was a lecture given by Laura De Force Gordon in Platt's Hall, San Francisco, February 19, 1868. Although the attendance was small, a few earnest women were there[498] who formed the nucleus of what followed. Soon after Mrs. Gordon addressed the legislature in the senate-chamber at Sacramento, and made an eloquent appeal for the political rights of women. Among the audience were many members of the legislature who became very deeply impressed with the justice of her demand, including the subsequent governor of the State, George C. Perkins, then senator from Butte county. Soon afterwards Mrs. Gordon removed to Nevada, and no more lectures on woman suffrage were given until the visit of Anna Dickinson in the summer of 1869.

The way was being prepared however, for further agitation by the appearance of The Revolution in 1868 in New York, which was hailed by the women of California (as elsewhere) as the harbinger of a brighter and better era. Its well filled pages were eagerly read and passed from hand to hand, and the effect of its startling assertions was soon apparent. Mrs. Pitts Stevens had about that time secured a proprietary interest in the San Francisco Mercury, and was gradually educating her readers up to a degree of liberality to endorse suffrage. Early in 1869 she became sole proprietor, changing the name to Pioneer, and threw the woman suffrage banner to the breeze in an editorial of marked ability.

The organization of the National Woman Suffrage Association in New York, May, 1869, gave fresh impetus to the movement, and the appointment of Mrs. Elizabeth T. Schenck as vice-president for California by that association, met with the approval of all those interested in the movement. Soon after this Mrs. Schenck with her gifted ally, Mrs. Stevens, decided to organize a suffrage society, and at an impromptu meeting of some of the friends at the residence of Mrs. Nellie Hutchinson, July 27, 1869, the first association for this purpose on the Pacific coast was formed. There were just a sufficient number of members[499] to fill the offices. This society grew rapidly and within a month the parlors were found inadequate to the constantly increasing numbers. Through the courtesy of the Mercantile Library Association their commodious apartments were secured.

The advent of Anna Dickinson afforded the ladies an opportunity to attest their admiration for her as a representative woman, which they did, giving her a public breakfast, September 14. Their honored guest appreciated the compliment; and in an earnest and eloquent speech referred to it, saying that although she had received many demonstrations of the kind, this was the first ever given her exclusively by her own sex.[500]

Soon after Miss Dickinson's departure, Mrs. Schenck, much to the regret of the society, resigned the chair, and Mrs. J. W. Stow was appointed to fill the vacancy. The ladies having for some time considered the organizing of a State Society of great importance, it was decided to hold a grand mass convention for that purpose. There was need of funds to carry forward the work, and a course of three lectures was suggested as a means to raise money. This carried, on motion of Mrs. Stow, and her offer to deliver the first lecture of the course was accepted. All the members of the society devoted their energies to secure the success of the undertaking. Many of them engaged in selling tickets for the two weeks intervening, and on November 2, Mrs. Stow gave her lecture to a large and interested audience, taking for her theme, "Woman's Work." The Rev. Mr. Hamilton followed, November 9, with "The Parlor and the Harem," and the Rev. C. G. Ames concluded the course, November 18, with "What Does it Mean?" The lectures were well received, and though not particularly directed to the right of suffrage for women, succeeded in attracting attention to the society under whose auspices they were given, and helped it financially. About this time Mrs. Gordon returned from the East and took an active part in canvassing the State, lecturing and forming county societies preparatory to securing as large a representation as possible at the coming convention. The following report of the proceedings is taken from the San Francisco dailies:



The convention to form a State Woman Suffrage Society, held its first meeting in Dashaway Hall, Wednesday afternoon, January 26, 1870. The hall was well filled. Mrs. E. T. Schenck, vice-president of the National Association, was chosen president, pro. tem., and Miss Kate Atkinson, Secretary. A committee on credentials was appointed by the chair, consisting of one member from each organization.[501] During the absence of the committee quite an animated discussion arose as to the admission of delegates. Mrs. Gordon said the greatest possible liberality should be exercised in admitting persons to the right to speak and vote; that all who signed the roll, paid the fee, and expressed themselves in sympathy with the movement, should be admitted. After some discussion, Mrs. Gordon's views prevailed, and the names of those who chose to qualify themselves were enrolled. About 120 delegates were thus chosen from nine suffrage societies in different parts of the State. Many counties were represented in which no organizations had yet been formed. Some rather humorous discussion was had as to whether the president should be called Mrs. Chairman or Mrs. Chairwoman. The venerable Mr. Spear arose and suggested the title be Mrs. President, which was adopted. Mrs. Gordon said she had noticed that when questions were put to the meeting not more than a dozen timid voices could be heard saying "aye," or "no." The ladies must not sit like mummies, but open their mouths and vote audibly. This disinclination to do business in a business-like way, is discreditable. (Cheers). Mrs. Gordon's hint was taken, and unequivocal demonstration of voices was made thereafter upon the taking of each vote. Long before the time arrived for the evening session, the hall in every part, platform, floor and gallery, was crowded, and large numbers were unable to gain entrance.

The Committee on Permanent Organization presented the following names for officers of the convention: President, Mrs. Wallis of Mayfield; Vice-Presidents, J. A. Collins, C. G. Ames, Mrs. Mary W. Coggins; Secretaries, Mrs. McKee, Mrs. Rider, Mrs. Perry; Treasurer, Mrs. Collins. On motion, Mrs. Haskell and Mrs. Ames escorted the president to the rostrum, and introduced her to the convention. Mrs. Wallis is a lady of imposing presence, and very earnest in the movement. Upon being introduced she said:

LADIES AND GENTLEMEN—I thank you for this expression of your high esteem and confidence in electing me to preside over your deliberations. I regard this as a severe ordeal, but, having already been tested in this respect, I do not fear the trials to come. I shall persevere until the emancipation of women is effected, and in order to fulfill my duties successfully upon this occasion, I ask the hearty cooeperation of all. [Applause].

Mrs. Stow gave the opening address, after which delegates[502] from various localities made interesting reports. An able series of resolutions was presented and discussed at length by various members of the convention, and letters of sympathy were read from friends throughout the country.[503]

From the first session, some anxiety was felt regarding the action of the State Society in affiliating with one of the two rival associations in the East. The Rev. C. G. Ames of San Francisco, whose wife had been in attendance upon the Cleveland convention of the American Association, was appointed vice-president for California, while Mrs. E. T. Schenck had been appointed vice-president by the National Association. In addition to the names of officers of county societies appended to the call for this convention, both Mrs. Schenck and Mrs. Ames signed in their official capacity, as vice-president of their respective Associations. Under these circumstances it was not strange that a spirit of rivalry should manifest itself, but it was unfortunate that it was carried so far as to breed disturbance in this infant organization. The leading women looked upon Mrs. E. Cady Stanton and Miss Susan B. Anthony as among the first who organized the suffrage movement in the United States, and therefore felt that it was due to them that our California Society which owed its existence mainly to the efforts of Mrs. Schenck whom they had appointed vice-president for California, should show its loyalty, devotion and gratitude to them, by becoming auxiliary to the National Association. On the other hand, Rev. C. G. Ames, being an enthusiastic admirer of some of the leading spirits in the American Association, desired it to be auxiliary to that. This conflict having been foreshadowed, a letter was written to Miss Anthony in relation to it. Her reply was received by Mrs. Schenck on the first day of the convention, breathing a noble spirit of unselfishness, advising us not to allow any personal feelings towards Mrs. Stanton or herself to influence us in the matter, but rather to keep our association entirely independent, free to cooeperate with all societies having for their object the enfranchisement of woman. Accordingly, the following resolution was almost unanimously adopted:

Resolved, That the California Woman Suffrage Society remain independent of all other associations for one year.

The result was satisfactory to Mrs. Schenck and her sympathizers, but Mr. Ames seemed loth to relinquish his preference for the American, and the course taken had the effect of lessening his zeal and that of his followers, until they gradually dropped from the ranks. But the convention, despite the unfortunate schism, was a grand success. The sessions were crowded, and so great was the interest awakened in the public mind that a final adjournment was not had until Saturday night, after four days of earnest, profitable work. The press of the city gave full and fair reports of the proceedings, though very far from endorsing woman's claim to suffrage, and men and women of all classes and professions took an active part in the deliberations. But of the multitude who met in that first woman suffrage convention on the Pacific coast but few were prominent in after years.

The newly organized society immediately arranged to send a delegation to Sacramento, to present to the legislature then in session a petition for woman suffrage. The delegation consisted of Laura DeForce Gordon, Caroline H. Spear and Laura Cuppy Smith, who were accorded a hearing before a special committee of the Senate, of which the venerable Judge Tweed, an able advocate of woman suffrage, was chairman. The proceeding was without a parallel in the history of the State. The novelty of women addressing the legislature attracted universal attention, and the newspapers were filled with reports of that important meeting.

During the year 1870 a general agitation was kept up. A number of speakers[504] held meetings in various parts of the State. The newspapers were constrained to notice this all-absorbing topic, though most of them were opposed to the innovation, and maintained a bitter war against its advocates. Prominent among them was the sensational San Francisco Chronicle followed by the Bulletin, the Call, and in its usual negative style, the Alta, while the Examiner mildly ridiculed the subject, and a score of lesser journalistic lights throughout the State exhibited open hostility to woman suffrage, or simply mentioned the fact of its agitation as a matter of news. But the brave pioneers in this unpopular movement received kindly sympathy and encouragement from some journals of influence, first among which was the San Francisco Post, then under the management of that popular journalist, Harry George, afterwards distinguished as the author of "Progress and Poverty." The San Jose Mercury was our friend from the first, and its fearless and able editor, J. J. Owen, accepted the office of president of the State woman suffrage society to which he was elected in 1878. The Sacramento Bee also did valiant service in defending and advocating woman's political equality, its veteran editor, James McClatchy, being a man of liberal views and great breadth of thought, whose powerful pen was wielded in advocacy of justice to all until his death, which occurred in October, 1883. There were several county journals that spoke kind words in our behalf, and occasionally one under the editorial management of a woman would fearlessly advocate political equality.

During the year of 1870, Mrs. Gordon traveled extensively over the State, delivering more than one hundred lectures, beside making an extended tour, in company with Mrs. Pitts Stevens, through Nevada, where on the Fourth of July, at a convention held at Battle Mountain, the first suffrage organization for that State was effected. In February, 1871, Mrs. Gordon again lectured in Nevada, remaining several weeks in Carson while the legislature was in session. She was invited by that body to address them upon the proposed amendment to the State constitution to allow women to vote, which amendment was lost by a majority of only two votes, obtained by a political trick, the question being voted upon without a call of the House, when several members friendly to the measure were absent. The author of the proposed amendment was the Hon. C. J. Hillier, a prominent lawyer of Virginia City, who, in bringing the bill before the legislature in 1869, delivered one of the ablest arguments ever given in favor of woman suffrage.

In 1871 Mrs. Gordon again made an extended tour through California, Oregon, and Washington Territory, traveling mostly by stage, enduring hardships, braving dangers and everywhere overcoming prejudice and antagonism to strong-minded women, by the persuasiveness of her arguments. In September, while lecturing in Seaettle, a telegram informed her of her nomination by the Independent party of San Joaquin county for the office of State senator, requesting her immediate return to California. This necessitated a journey of nearly a thousand miles, one-half by stage-coach. Six days of continuous travel brought her to Stockton, where she entered at once upon the senatorial campaign. Mrs. Gordon spoke every night until election, and succeeded in awakening a lively interest in her own candidacy and in the subject of woman suffrage. Her eligibility to the office was vehemently denied, particularly by Republicans, who were badly frightened at the appearance of this unlooked-for rival. The pulpit, press, and stump speakers alternated in ridiculing the idea of a woman being allowed to take a seat in the Senate, even if elected. The Democratic party, being in the minority, offered but little opposition, and watched with great amusement this unequal contest between the great dominant party on the one side, and the little Spartan band on the other. The contest was as exciting as it was brief, and despite the great odds of money, official power, political superiority, and the perfect machinery of party organization in favor of her opponents, Mrs. Gordon received about 200 votes, besides as many more which were rejected owing to some technical irregularity. Among those who took part in that novel campaign and deserving special mention, was the venerable pioneer familiarly called Uncle Jarvis, who had voted a straight Whig or Republican ticket for fifty years, and who for the first time in his life scratched his ticket and voted for Mrs. Gordon.

In July, 1871, California was favored by a visit from Mrs. Stanton and Miss Anthony, who awakened new interest wherever their logical and eloquent appeals were heard. Their advent was hailed with joy, and they received marked attention from all classes, the clergy not excepted. Every lecture given by them drew out large assemblies of the most influential of the citizens. Indeed, they received a continual ovation during their stay in San Francisco. After Mrs. Stanton returned to New York, Miss Anthony remained and traveled in California, Nevada, Oregon and Washington Territory several months, speaking at conventions held in San Francisco and Sacramento, besides lecturing in all the principal towns, winning for herself great praise, and a deeper respect for the cause she so ably represented. A complimentary banquet was tendered her in San Francisco on the eve of her departure eastward, at which eighty guests, distinguished in art, literature and social life, sat down to a sumptuous collation spread in the Grand Hotel.

In the early part of that year, 1871, Hon. A. A. Sargent and wife returned to California from Washington, his term as representative having expired, and both took an active part in the work of woman's political enfranchisement. Mr. Sargent, with commendable bravery, which under the circumstances was indeed a test of courage, delivered an address in favor of woman suffrage at a convention held in San Francisco, just on the eve of an important political campaign, in which he was a candidate for reelection to congress, and also to the United States Senate. Of course, those opposed to woman suffrage tried to make capital out of it against him, but without avail, for that able and distinguished statesman was elected to both offices, his term as representative expiring before he would be called upon to take his seat in the United States Senate. His noble wife, Ellen Clark Sargent, took an active interest in all the woman suffrage meetings, and in November, 1871, was appointed, as was also Mrs. Gordon, to represent California in the National convention to be held in Washington in January, 1872.

During the session of the California legislature in 1871-2 a delegation from the State Society visited Sacramento and was accorded a hearing in the Assembly-chamber before the Judiciary Committee of that body. Addresses were made by Mrs. Pitts Stevens, Mrs. A. A. Haskell, Mrs. E. A. H. DeWolf and Hon. John A. Collins.

During the session of 1873-4 a bill was passed by the legislature making women eligible to school offices, and also one which provided that all women employed in the public schools should receive the same compensation as men holding the same grade certificates.

Mrs. Laura Morton has filled and ably discharged the office of assistant State librarian for the past ten years. Mrs. Mandeville was deputy-controller during the Democratic administration of Governor Irwin, and proved herself fully capable of discharging the duties of that responsible office; while for several years women have been elected to various positions in the legislature and employed as clerks.

July 10, 1873, the Woman Suffrage Society was incorporated under the laws of the State, with Mrs. Sarah Wallis, president. Mrs. Clara S. Foltz, a brilliant young woman who had begun the study of law in San Jose, knew the statutes permitted no woman to be admitted to the bar, and early in the session of 1877 drafted a bill amending the code in favor of women, and sent it to Senator Murphy of Santa Clara to be presented. Five years before this, however, Mrs. Nettie Tator had applied for admission to the bar at Santa Cruz. A committee of prominent attorneys appointed by the court examined her qualifications as a lawyer. She passed creditably and was unanimously recommended by the committee, when it was discovered that the law would not admit women to that learned profession.

Following the presentation of Mrs. Foltz' bill, Mrs. Knox Goodrich, Laura Watkins, Mrs. Wallis and Laura De Force Gordon were appointed by the State Society a committee to visit Sacramento during the session and use their influence to secure the passage of the "Woman's Lawyer Bill," as it was termed, and to petition for suffrage. Mrs. Gordon, who was also reading law, was in Sacramento as editorial correspondent for her paper, the Daily Democrat of Oakland, and had ample opportunity to render valuable service to the cause she had so much at heart. The bill passed the Senate by a vote of 22 to 9, being ably advocated by Senators N. Green Curtis, Judge Niles Searles of Nevada county, Creed Haymond of Sacramento, and Joseph Craig of Yolo. In the Assembly, after weeks of tedious delay and almost endless debate, the bill was indefinitely postponed by a majority of one. By the persistent efforts of Assemblymen Grove L. Johnson of Sacramento, R. W. Murphy, Charles Gildea and Dr. May of San Francisco, the bill was brought up on reconsideration and passed by two majority. The session was within three days of its close, and so bitter was the opposition to the bill that an effort was made to prevent its engrossment in time to be presented for the governor's signature. The women and their allies, who were on the watch for tricks, defeated the scheme of their enemies and had the bill duly presented to Governor Irwin, but not till the last day of the session. Then the suspense became painful to those most interested lest it might not receive his approval. Mrs. Gordon, as editor of a Democratic journal, asserted her claims to some recognition from that party and strongly urged that a Democratic governor should sign the bill. Aided by a personal appeal from Senator Niles Searles to his excellency, her efforts were crowned with success; the governor's message sent to the Senate, when the hands of the clock pointed to fifteen minutes of twelve, midnight (at which hour the president's gavel would descend with the words adjourning the Senate sine die), announced that Senate bill number 66, which permitted the admission of women to all the courts of the State, had received his approval. There was great rejoicing over this victory among the friends everywhere, though the battle was not yet ended.

The same legislature had passed a bill accepting the munificent donation to the State of $100,000 from Judge Hastings to found the Hastings College of Law, on condition that it be the law department of the State University, and the college was duly opened for the admission of students. At the beginning of the December term Mrs. Foltz, who had been admitted to the District Court in San Jose (being the first woman ever admitted to any court in the State), came to San Francisco, and with Mrs. Gordon applied for admission to the law college. The dean, Judge Hastings, himself opposed to women being received as students, told them it was a matter that must be laid before the board of directors, but that they could attend the lectures ad interim. Three days later they were informed that their application had been denied. Satisfied that the law was in their favor, they immediately appealed to the courts. To save time Mrs. Gordon applied to the Supreme Court and Mrs. Foltz to the District Court, simultaneously, for a writ of mandamus to compel the directors to act in obedience to the law which, the petitioners claimed, did not discriminate against women in founding the State University or its departments. The Supreme Court, wishing perhaps to shirk the responsibility of acting in the first instance, sent their petitioner, Mrs. Gordon, to the lower court, which had in the meantime ordered the writ to issue for Mrs. Foltz; so it was decided to make hers the test-case, and by the courtesy of Judge Morrison, now chief-justice of the Supreme Court, Mrs. Gordon was joined with Mrs. Foltz in the prosecution of the cause. The board of directors of the college consisted of the chief-justice of the Supreme Bench and seven other lawyers, among the most distinguished and able in the State. The case attracted great attention and deep interest was taken in the proceedings. Judges Lake and Cope, who were ex-justices of the Supreme Court, assisted by T. B. Bishop, another learned practitioner at the bar, were arrayed as counsel for the defense against these comparatively young students in the law, who appeared unaided in their own behalf. After one of the most interesting legal contests in the history of the State these women came off victors, and the good-natured public, through the press, offered them congratulations. But the defendants would not yield without a stubborn resistance and carried their cause on appeal to the Supreme Court; hence many months elapsed before the final struggle came, but victory again rewarded the petitioners, the Supreme Court deciding that women should be admitted to the law department of the State University. Although excluded from the benefit of the lectures in the college, Mesdames Gordon and Foltz had improved their time in study, and in December, 1879, both were admitted to the Supreme Court of the State, after a thorough examination.

Prior to this legal contest, in the summer of 1878, when delegates to the constitutional convention were to be elected, Mrs. Gordon, urged by her friends in San Joaquin county, became an independent candidate only a week or two before the election. With Mrs. Foltz she made a very brief though brilliant canvass, attracting larger and more enthusiastic audiences than any other speaker. Mrs. Gordon received several hundred votes for the office, and felt compensated for the time and money spent by the great interest awakened in the subject of woman suffrage.

As soon as the constitutional convention assembled in September, Mrs. Gordon, although still pursuing her legal studies, was able as a newspaper correspondent to closely watch the deliberations of that body and urge the insertion of a woman suffrage clause in the new organic law. The State Society delegated Mrs. Knox Goodrich, Mrs. Sarah Wallis and Mrs. Watkins to join Mrs. Gordon in pressing the claims of woman, but the opposition was too strong and the suffrage clause remained declaring male citizens entitled to vote, though a section in the bill of rights, together with other provisions in the new constitution, renders it quite probable that the legislature has the right to enfranchise women without having to amend the organic law. At all events the new instrument is far more favorable to women than the old, as will now be shown. The agitation of the question of the admission of women to the Law College, which began during the session of the convention, led that body to incorporate the following provision in the constitution:

ARTICLE II., SEC. 18. No person shall be debarred admission to any of the collegiate departments of the State University on account of sex.

Remembering the hard struggle by which the right to practice law had been secured to women, and the danger of leaving it to the caprice of future legislatures, Mrs. Gordon drafted a clause which protects women in all lawful vocations, and by persistent effort succeeded in getting it inserted in the new constitution, as follows:

ARTICLE XX., SEC. 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation or profession.

The adoption of this clause, so valuable to women, was mainly accomplished by the skillful diplomacy of Hon. Charles S. Ringgold, delegate from San Francisco, who introduced it in the convention and worked faithfully for its adoption. Thus California stands to-day one of the first States in the Union, as regards the educational, industrial and property rights of women, and the probability of equal political rights being secured to them at an early day, is conceded by the most conservative.

About the time Mrs. Foltz and Mrs. Gordon were admitted to the bar, they, as chief officers of the State W. S. S. (incorporated), called a convention in San Francisco. It convened in February, 1880, and was well attended. Mrs. Sargent took an active part in the meetings, occupied the chair as president pro tem., and subsequently spoke of the work done by the National Association in Washington. Several prominent officials, unable to be present, sent letters heartily endorsing our claims; among these were Governor Perkins, State Senator Chace, and A. M. Crane, judge of the Superior Court. Addresses were delivered by Judge Swift, Marian Todd and Mrs. Thorndyke of Los Angeles, Judge Palmer of Nevada city, and others. The newspapers of the city, though still hostile to the object of the convention, gave very fair reports. In September following, the annual meeting of the society was held, and made particularly interesting by the fact that the proposed new city charter, which contained a clause proscriptive of women, was denounced, and a plan of action agreed upon whereby its defeat should be secured, if possible, at the coming election. The women worked assiduously against the adoption of the city charter, and rejoiced to see it rejected by a large majority.

The following facts in regard to the constitution and statute laws of California were sent us by the Hon. A. A. Sargent:

In 1879, California adopted a new constitution, by means of a constitutional convention. It was an unfortunate time for such organic legislation, for the reason that the State was rife at the time with the agitation of "sand-lotters," as they were called, a violent faction which assailed property rights and demanded extreme concessions to labor. The balance of power in the constitutional convention was held by persons elected by this element, and resulted in a constitution extraordinary in some of its features, but which was adopted by the people after a fierce contest.

Women fared badly at the hands of these constitution-makers, so far as suffrage is concerned. Section 1, article 2, confirms the right of voting to "every native male citizen," and "every male naturalized citizen," although a heroic effort was made by the friends of woman suffrage to keep out the word "male." But section 18, article XX., provides that "no person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation or profession."

Some years before, the State had adopted a "civil code," which was abreast of the world in liberality to women. This code discarded the idea of any servility in the relation of the wife to the husband. This code is still the law, and provides, in effect, that husband and wife contract toward each other obligations of mutual respect, fidelity and support. The husband is the head of the family, and may choose any reasonable place and mode of life, and the wife must conform thereto. Neither has any interest in the property of the other, and neither can be excluded from the other's dwelling. Either may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried. They may hold property as tenants in common or otherwise, with each other, and with others. All property of the wife owned by her before marriage, and acquired afterwards by gift, devise, bequest or descent, with the rents, issues and profit thereof, is her separate property, and she may convey the same without his consent. All property acquired after marriage is community property. The earnings of the wife are not liable for the debts of the husband. Her earnings, and those of minor children in her custody, are her separate property. A married woman may dispose of her separate property by will, without the consent of her husband, as if she were single. One-half of the community property goes absolutely to the wife, on the death of the husband, and cannot be diverted by his testamentary disposition. A married woman can carry on business in her own name, on complying with certain formalities, and her stock, capital and earnings are not liable to her husband's creditors, or his intermeddling. The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education and control of the children of their marriage, while such husband and wife live separate and apart from each other.

The foregoing exhibits the spirit of the California law. It is believed by friends of woman suffrage that had the convention been held under normal conditions, the word "male" might have been eliminated from that instrument.

Several creditable attempts were early made in journalism. In 1855 Mrs. S. M. Clark published the weekly Contra Costa in Oakland. In 1858, The Hesperian, a semi-monthly magazine, was issued in San Francisco, Mrs. Hermione Day and Mrs. A. M. Shultz, editors. It was quite an able periodical,[505] and finally passed into the hands of Elizabeth T. Schenck.

As journalists and printers, women have met with encouraging success. The most prominent among them is Laura DeForce Gordon, who began the publication of the Daily Leader at Stockton in 1873, continued afterward at Oakland as the Daily Democrat, until 1878. In Geo. P. Rowell's Newspaper Reporter for 1874, the Stockton Leader is announced as "the only daily newspaper in the world edited and published by a woman." Mrs. Boyer, known as "Dora Darmoor," published different magazines and journals in San Francisco during a period of several years, the most successful being the Golden Dawn. Mrs. Theresa Corlett has been connected with various leading journals of San Francisco, and is well known as a brilliant and interesting writer. Miss Madge Morris has not only made a place for herself in light literature, but has been acting-clerk in the legislature for several sessions. Mrs. Sarah M. Clark published a volume entitled "Teachings of the Ages"; Mrs. Josephine Wolcott, a volume of poems, called "The World of Song."

Mrs. Amanda Slocum Reed, one of our most efficient advocates of suffrage, has proved her executive ability, and capacity for business, by the management of a large printing and publishing establishment for several years. The liberal magazine called Common Sense, was published by her and her husband—most of its original contents the product of her pen; and when the radicalism of her husband caused the suspension of that journal in 1878, Mrs. Slocum began the publication of Roll Call, a temperance magazine which was mainly edited by her gifted little daughter Clara, only fifteen years old, who also set all the type. Among the earliest printers of California was Lyle Lester. She established a printing office in San Francisco in 1860, in which she employed a large number of girls and women as compositors. Miss Delia Murphy—now Mrs. Dearing—ranks with the best printers in San Francisco, and several women in various portions of the State have taken like standing. "Mrs. Richmond & Son," is the novel sign which decorates the front of a large printing establishment on Montgomery street, San Francisco, known for many years as the "Woman's Cooeperative Printing Company," but which, in fact, was always an individual enterprise. Mrs. Augusta DeForce Cluff has entered upon her seventh year in practical journalism as publisher of a sprightly weekly, the Valley Review, at Lodi, in which enterprise she has met with remarkable success, being a superior business manager as well as a facile and talented writer. Some of her little poems have great merit. Mrs. Cluff and Mrs. Gordon have both filled official positions in the Pacific Coast Press Association. Miss Mary Bogardus, the gifted young daughter of that pioneer journalist, H. B. Bogardus, editor of Figaro, is her father's main assistant in all the business of his office. Mrs. Wittingham has been elected postmaster of the State Senate several terms, and is at present employed in the U. S. branch mint in San Francisco.

One of the most meritorious and successful enterprises occupying the attention of the women of California, is the silk culture, which promises to develop into one of the dominant industries of the nation. Mrs. G. H. Hittel first brought the subject into public notice by able articles on the cultivation of the mulberry tree, published in various journals. In 1880 she formed the Ladies' Silk Culture Society of California. This association like its predecessor, the first Woman Suffrage Society, was organized and held its meetings in private parlors for a time, but it soon required more room. Men have been taken into membership since the object for which the society was formed seemed to be feasible, and, as a natural result, whatever of financial and honorary reward may be accorded the self-sacrificing women who performed the arduous and thankless labor of founding the institution, will be shared with the men who now come into the work.

During the session of the legislature of 1883, a committee was appointed to ask an appropriation from the State for the purpose of establishing a Filature or free silk-reeling school. After considerable delay the committee called to their aid Mrs. Gordon, and asked her to visit the State capital and see what could be done. The session was rapidly drawing to a close, and even the warmest friends of the measure feared that it was too late to accomplish anything. But happily the bill was got through both branches of the legislature and sent to the governor the last hour of the session. By its provisions a State Board of Silk Culture was created consisting of nine members, five of whom were to be women, and the sum of $7,500 was appropriated. Thus women have begun and are now fostering a great industrial enterprise which in the near future will give to millions of hitherto unemployed or ill-paid women and children an occupation peculiarly suited to them, and which will add millions of dollars annually to the revenue of the country. Mrs. Florence Kimball of San Diego county was appointed a member of the State Board of Silk Commissioners by Governor Stoneman in 1883.

Since the expiration of their term as superintendents of the public schools of the State, Dr. and Mrs. James Carr have made their home in that loveliest spot of southern California—Passadena, where, overlooking rich orange groves and luxurious vineyards, they enjoy the blessings of prosperity, and where Mrs. Carr, with her ambitious, active nature, finds congenial employment in demonstrating what woman can accomplish in silk-culture, raisin-making, and the crystalizing of fruit.

Miss Austen, formerly a teacher in the public schools of San Francisco, has a vineyard at Fresno, where she employs women and girls to prepare all her considerable crop of raisins for market, conceded to be of the best quality produced in the State. Mrs. Ellen McConnell Wilson of Sacramento county, from the small beginning, twenty years ago, of 320 acres of land, and less than 1,000 sheep, has now over 5,000 acres of rich farming land and 6,000 sheep. Mrs. H. P. Gregory of Sacramento, left a widow with a large family of little children, succeeded her husband in the shipping and commission business in which he was engaged on a small scale. From such a beginning, Mrs. Gregory has built up one of the largest trades in that city, and has by judicious investments in real estate acquired property of a value exceeding $100,000, besides having reared and educated her numerous family.

Mrs. Elizabeth Hill was one of the early settlers in Calaveras county, where her husband located land on the Mokelumne river near Camanche in 1855. Six years after she was left a widow with four little children. The support of the family devolved upon the mother, and she engaged in cultivating the land, adding thereto several hundred acres. In 1877 Mrs. Hill began the cultivation of the Persian-insect-powder plant, known to commerce as Buhach. So successful has this venture proved that she has now over 200 acres planted to that shrub, and manufactures each year about fifteen tons of the Buhach powder, for which she finds a ready sale. The number of women who have supported their families (often including the husband), and acquired a competency in boarding and lodging-house keeping, dressmaking, millinery, type-setting, painting, fancy work, stock-dealing, and even in manufacturing and mercantile pursuits, is legion.

In regard to the position of women in medicine, Miss Elizabeth Sargent, M. D., writes:

Women are admitted on equal terms with men to the medical and dental departments of the State University, and to the Cooper Medical College of San Francisco. Women are also eligible to membership in the State and various county medical associations, as well as in the dental association. There are in the State 73 women who have been recognized by the authorities as qualified to practice. They may be classified as follows: Practitioners of regular medicine, 30, 16 of whom are established in San Francisco; eclectics, 22, 9 in San Francisco; homoeopathists, 21, 2 in San Francisco. Among these physicians two make a specialty of the eye and ear, one in San Francisco and one in San Jose. Two women have been graduated from the State Dental College, located in San Francisco. In April, 1875, the Pacific Dispensary Hospital for women and children was founded by women. In 1881 a training-school for nurses was added. The hospital department, although admitting women, is intended especially for children, and is the only children's hospital on the coast. The dispensary is for out-patients, both women and children. The board of ten directors, the resident and attending physicians of the hospital, and five out of the seven connected with the dispensary are women. From a small beginning the institution has increased to importance, and bids fair to continue in its present prosperity and capacity for good work. I have written thus lengthily that you may see how energetic our women have been in originating and carrying on such an institution.

The most prominent literary woman of the coast is undoubtedly Miss M. W. Shinn. She is a graduate of our State University and was the medal scholar of her class. At present she is the editor of the Overland Monthly, and the excellent prospects of the magazine are largely the result of her own courage and the hard work she has done.

The higher education in the State is being put upon a secure basis. Hon. Leland Stanford and his wife, Jane Lathrop Stanford, have recently given a great part of their vast fortune for the establishment of a university which bids fair to be the foremost educational institution on the continent. In a letter specifying his views in regard to the management of the university, Governor Stanford says:

We deem it of the first importance that the education of both sexes shall be equally full and complete, varied only as nature dictates. The rights of one sex, political and other, are the same as those of the other sex, and this equality of rights ought to be fully recognized.

There are many men and women throughout the State who have faithfully advocated political equality for all citizens.[506]

Mendocino county has the honor of claiming as a citizen, one of the earliest and ablest women in this reform, Clarina Howard Nichols, who may be said to have sown the seeds of liberty in three States in which she has resided, Vermont, Kansas and California. Since 1870, her home has been with a son in Pomo, where she finished her heroic life January 11, 1885. Though always in rather straitened circumstances, Mrs. Nichols was uniformly calm and cheerful, living in an atmosphere above the petty annoyances of every-day life with the great souls of our day and generation, keeping time in the march of progress. She was too much absorbed in the vital questions of the hour even to take note of her personal discomforts. Many of her able articles published in magazines and the journals of the day, and letters from year to year to our conventions, were written in such conditions of weakness and suffering, as only a hero could have overcome. She was a good writer, an effective speaker, and a preeminently brave woman, gifted with that rarest of all virtues, common sense.

The advocacy of woman's rights began in Santa Cruz county, with the advent of that grand champion of her sex, the immortal Eliza Farnham, who braved public scorn and contumely because of her advanced views, for many years before the suffrage movement assumed organized form. Mrs. Farnham's work rendered it possible for those advocating woman suffrage years later, to do so with comparative immunity from public ridicule. A society was organized there in 1869, and Rev. D. G. Ingraham, E. B. Heacock, H. M. Blackburn, Mrs. Georgiana Bruce Kirby, Mrs. Van Valkenburgh, W. W. Broughton and wife, and Mrs. Jewell were active members.

Prominent in Santa Clara county is Mrs. Sarah Wallis of Mayfield. From the first agitation of the subject in 1868, when she entered heartily into the work of getting subscribers to The Revolution, she has been untiring in her efforts to advance the interests of women. A lady of fine presence, great energy and perseverance, Mrs. Wallis has been able to accomplish great good for her sex. With a large separate estate, when the statutes prevented her as a married woman from managing it, she determined that the laws should be changed, and never ceased her efforts until she succeeded in getting an amendment to the civil code which enables married women to make contracts. The most successful suffrage meetings ever held in Santa Clara county have been at Mayfield. There Mrs. Wallis and her husband, Judge Joseph S. Wallace, make their spacious and luxurious home the rendezvous of lecturers and writers in the great work of woman's emancipation.

Mrs. Sarah Knox Goodrich of San Jose, was among the first to see the significance of the movement for woman's rights in 1868. Her husband, William J. Knox, who shortly before his death had been State senator, secured the passage of a bill, drafted by himself, giving to married women the right to dispose of their own separate property by will. Having been from her youth the cherished companion of a man who believed in the equality of the sexes, and being herself a thoughtful, clear-headed person, she naturally took her place with those whose aim was the social and political emancipation of woman, and has stood from the first a tower of strength in this cause, giving largely of her wealth for the propagation of its doctrines. Mrs. Knox Goodrich has for many years paid her taxes, sometimes exorbitant, under protest, and at important elections has also offered her vote, to have it refused. The county suffrage society has had an untiring leader in Mrs. Goodrich, and on all occasions she has nerved the weak and encouraged the timid by her example of unflinching devotion. The following extracts from a letter written by the lady will show how effective her work has been:

In 1872, our society was invited to take part in the Fourth of July celebration, which we did, and had the handsomest carriages and more of them than any other society in the procession. We paid our own expenses, although the city had made an appropriation for the celebration. In 1876 we were not invited to take part in the festivities, but some of us felt that on such a day, our centennial anniversary, we should not be ignored. Accordingly I started out to see what could be done, but finding some of our most active friends ill and others absent from home, I decided to do what I could alone. I had mottoes from the grand declarations of the Fathers painted and put on my house, which the procession would pass on two sides.

Some of our most prominent ladies seeing that I was determined to make a manifestation, drove with me in the procession, our carriage and horses decorated with flags, the ladies wearing sashes of red, white and blue, and bearing banners with mottoes and evergreens. A little daughter of Mrs. Clara Foltz, the lawyer, dressed in red, white and blue, was seated in the center of the carriage, carrying a white banner with silver fringe, a small flag at the top with a silver star above that, with streamers of red, white and blue floating from it, and in the center, in letters large enough to be seen some distance, the one word "Hope." On my flag the motto was: "We are Taxed without being Represented"; Mrs. Maria H. Weldon's, "We are the disfranchised Class"; Mrs. Marion Hooker's, "The Class entitled to respectful Consideration"; and Miss Hannah Millard's, "We are governed without our Consent." On the front of my house in large letters was the motto: "Taxation without Representation is Tyranny as much in 1876, as it was in 1776"; on the other side was, "We are Denied the Ballot, but Compelled to Pay Taxes"; fronting the other side was, "Governments Derive their Just Powers from the Consent of the Governed." Mrs. McKee also had the last motto on her house. On the evening of July 3, after we had all our preparations completed, we sent to one of the marshals and asked him to give us a place in the procession next to the negroes, as we wished to let our legal protectors have a practical illustration of the position occupied by their mothers, wives, sisters and daughters in this boasted republic. We did want to go in, however, ahead of the Chinamen, as we considered our position at present to be between the two. The marshal willingly assigned us a place, but not the one we desired. "We cannot allow you," said he, "to occupy such a position. You must go in front, next to the Pioneer Association"; and being in part members of that society we accepted the decision. Our carriage was the center of attraction. Many, after reading our mottoes, said: "Well, ladies, we will help you to get your rights"; "It is a shame for you to be taxed and not have the right to vote." Hundreds of people stood and read the mottoes on the house, making their comments, both grave and gay: "Good for Mrs. Knox"; "She is right"; "If I were in her place I would never pay a tax"; "I guess one of the strong-minded lives here."

Mrs. Knox was married to Mr. Goodrich, the well-known architect, in 1878, in whom she has found a grand, noble-souled companion, fully in sympathy with all her progressive views, and with whom she is passing the advancing years of her well-spent life in luxury and unalloyed happiness.

Mrs. Van Valkenburg tried to vote under the claim that the fourteenth amendment to the Constitution of the United States entitled her to registration, and being refused, brought suit against the registrars. The case was decided against her after being carried to the Supreme Court of California. These cases argued in the Supreme Court have been of inestimable value in the progress of the movement, lifting the question of woman's rights as a citizen above the mists of ridicule and prejudice, into the region of reason and constitutional law. We cannot too highly appreciate the bravery and persistence of the few women who have furnished these test cases and compelled the highest courts to record their decisions.

FOOTNOTES:

[496] Having spent several days with Mrs. Schenck, in her cozy, artistic home surrounded with a hedge of brilliant geraniums, I can readily testify to the many virtues and attractions her large circle of friends has always accorded her. From all I had heard I was prepared to find Mrs. Schenck a woman of remarkable cultivation and research, and I was not disappointed. Refined, honorable in her feeling, clear in her judgments of men and measures, just and upright In all her words and actions, she was indeed the fitting leader for the uprising of women on the Pacific Slope. The preparation of this chapter occupied the last year of her life, her one wish to live was to complete the task, but when her failing powers made that impossible she charged her friend Mrs. Manning, with whom she resided, to take up the work that had fallen from her hands and make a fair record of all that had been done and said, by her noble coaedjutors, who had labored so faithfully to inaugurate the greatest reform of the century.—[E. C. S.