History of Woman Suffrage Volume I Part 23

In Ma.s.sachusetts, women voted at an early day. First, under the Old Province Charter, from 1691 to 1780, for all elective officers; second, they voted under the Const.i.tution for all elective officers except the Governor, Council, and Legislature, from 1780 to 1785. The Bill of Rights, adopted with the Const.i.tution of 1780, declared that all men were born free and equal. Upon this, some slaves demanded their freedom, and their masters yielded.[31] Restrictions upon the right of suffrage were very great in this State; church membership alone excluded for thirty years three-fourths of the male inhabitants from the ballot-box.[32]

That women exercised the right of suffrage amid so many restrictions, is very significant of the belief in her right to the ballot, by those early Fathers.[33]

THE FIRST STEP IN Ma.s.sACHUSETTS.

Woman's rights pet.i.tions were circulated in Ma.s.sachusetts as early as 1848. Mary Upton Ferrin, of Salem, in the spring of that year, consulting Samuel Merritt, known as "the honest lawyer of Salem," in regard to the property rights of married women, and the divorce laws, learned that the whole of the wife's personal property belonged to the husband, as also the improvements upon her real estate; and that she could only retain her silver and other small valuables by secreting them, or proving them to have been loaned to her. To such deception did the laws of Ma.s.sachusetts, like those of most States, based on the Old Common Law idea of the wife's subjection to the husband, compel the married woman in case she desired to retain any portion of her own property.

Mrs. Ferrin reported the substance of the above conversation to Mrs.

Phebe King,[34] of Danvers, who at once became deeply interested, saying, "If such are the laws by which women are governed, every woman in the State should sign a pet.i.tion to have them altered."

"Will you sign one if drawn up?" queried Mrs. Ferrin.

"Yes," replied Mrs. King, "and I should think every woman would sign such a pet.i.tion."

As the proper form of pet.i.tions was something with which women were then quite unfamiliar, the aid of several gentlemen was asked, among them Hon. D. P. King and Judge John Heartley, but all refused.

Miss Betsy King then suggested that Judge Pitkin[35] possessed sufficient influence to have the laws amended without the trouble of pet.i.tioning the Legislature. Strong in their faith that the enactment of just laws was the business of legislative bodies, these ladies believed they but had to bring injustice to the notice of a law-maker in order to have it done away. Therefore, full of courage and hope, Judge Pitkin was respectfully approached. But, to their infinite astonishment, he replied:

"The law is very well as it is regarding the property of married women. Women are not capable of taking care of their own property; they never ought to have control of it. There is already a law by which a woman can have her property secured to her."

"But not one woman in fifty knows of the existence of such a law," was the reply.

"They ought to know it; it is no fault of the law if they don't. I do not think the Legislature will alter the law regarding divorce. If they do, they will make it more stringent than it now is."

Repulsed, but not disheartened, Mrs. Ferrin herself drew up several pet.i.tions, circulated them, obtaining many hundred signatures of old and young; though finding the young more ready to ask for change than those inured to ill-usage and injustice. Many persons laughed at her; but knowing it to be a righteous work, and deeming laughter healthful to those indulging in it, Mrs. Ferrin continued to circulate her pet.i.tions.

They were presented to the Legislature by Rev. John M. Usher, a Universalist minister of Lynn, and member of the lower House. Although too late in the session for action, these pet.i.tions form the initiative step for Woman Suffrage in Ma.s.sachusetts.

Early the next fall, similar pet.i.tions were circulated. It was determined to attack the Legislature in such good season, that lateness of time would not again be brought up as an excuse for non-attention to the prayers of women. Mrs. King's interest continued unabated, and through her advice, Mrs. Ferrin prepared an address to accompany the pet.i.tions. Hon. Charles W. Upham, minister of the First Unitarian church of Salem, afterward Representative in Congress, was State Senator that year. From him they received much encouragement. "I concur with you in every sentiment," said he, "but please re-write your address, making two of it; one in the form of a memorial to the Legislature, and the other, an address to the Judiciary Committee, to whom your pet.i.tions will be referred." These two doc.u.ments will be found to suggest most of the important demands, afterward made in every State, for a change of laws relating to woman. The fallacy of "sacredness" for these restrictive laws was shown; the rights of humanity as superior to any outside authority, a.s.serted; and justice made the basis of the proposed reformation. The right of woman to trial by a jury of her peers was claimed, followed by the suggestion that woman is capable of making the laws by which she is governed. The memorial excited much attention, and was printed by order of the Legislature, though the possibility of a woman having written it was denied.[36]

But in 1850, as in 1849, no action was taken, the pet.i.tioners having "leave to withdraw." Pet.i.tions of a similar character were again circulated throughout Salem and Danvers, in 1850, '51, '52, '53, making six successive years, in each of which the pet.i.tioners had "leave to withdraw," as the only reply to their prayers for relief.

The Hon. Mr. Upham, however, remained woman's steadfast friend through all this period, and Mrs. Phebe Upton King was as constantly found among the pet.i.tioners.

In 1852 the pet.i.tions were signed only by ladies over sixty years of age, women of large experience and matured judgment, whose prayers should have received at least respectful consideration from the legislators of the State. We give the appeal accompanying their pet.i.tion:

GENTLEMEN:--Your pet.i.tioners, who are tax-payers and originators of these pet.i.tions, are upwards of three-score years; ten of them are past three-score years and ten; three of them three-score and twenty. If length of days, a knowledge of the world and the rights of man and woman ent.i.tle them to a respectful hearing, few, if any, have prior or more potent claims, for reason has taught them what individual rights are, experience, what woman and her children suffer for the want of just protection in those, and humanity impels them once more to appear before you, it may be for the last time. Let not their gray hairs go down in sorrow to the grave for the want of this justice in your power to extend, as have several of their number whose names are no longer to be found with theirs, whose voices can plead never more in behalf of your own children and those of your const.i.tuents.

In 1853 a pet.i.tion[37] bearing only Mrs. King's name was presented. In 1854 the political organization called the "Know Nothings" came into power, and although no pet.i.tion was presented, a bill securing the control of their own property to all women married subsequent to the pa.s.sage of the law, was pa.s.sed. The power to make a will without the husband's consent, was also secured to wives, though not permitted to thus will more than one-half of their personal property. This law also gave to married women having no children, whose husbands should die without a will, five thousand dollars, and one-half of the remainder of the husband's property. The following year the Divorce Law[38] was amended, and shortly thereafter two old ladies, nearly seventy years of age, having no future marriage in view, but solely influenced by a desire to secure their own property to their own children, which without such divorce they would be unable to do, although one of their husbands had not provided for his wife in twenty years, nor the other in thirty years, availed themselves of its new privileges.

The first change in the tyrannous laws of Ma.s.sachusetts was really due to the work of this one woman, Mary Upton Ferrin, who for six years, after her own quaint method, poured the hot shot of her earnest conviction of woman's wrongs into the Legislature. In circulating pet.i.tions, she traveled six hundred miles, two-thirds of this distance on foot. Much money was expended besides her time and travel, and her name should be remembered as that of one of the brave pioneers in this work.

Although two thousand pet.i.tions were sent into the Const.i.tutional Convention of 1853, from other friends of woman's enfranchis.e.m.e.nt in the State, Mrs. Ferrin totally unacquainted with that step, herself pet.i.tioned this body for an amendment to the Const.i.tution securing justice to women, referring to the large number of pet.i.tions sent to the Legislature during the last few years for this object. Working as she did, almost unaided and alone, Mrs. Ferrin is an exemplification of the dissatisfaction of women at this period with unjust laws.[39]

MRS. FERRIN'S ADDRESS TO THE JUDICIARY COMMITTEE OF THE Ma.s.sACHUSETTS LEGISLATURE IN 1850.

Long have our liberties and our lives been lauded to the skies, to our amus.e.m.e.nt and edification, and until our s.e.x has been as much regaled as has the Southern slave, with "liberty and law."

But, says one, "Women are free." So likewise are slaves free to submit to the laws and to their masters. "A married woman is as much the property of her husband, likewise her goods and chattels, as is his horse," says an eminent judge, and he might have added, many of them are treated much worse. No more apt ill.u.s.tration could have been given. Though man can not beat his wife like his horse, he can kill her by abuse--the most pernicious of slow poisons; and, alas, too often does he do it.

It is for such unfortunate ones that protection is needed.

Existing laws neither do nor can protect them, nor can society, on account of the laws. If they were men, society would protect and defend them. Long, silently, and patiently have they waited until forbearance ceases to be a virtue.

Should a woman make her will without her husband's consent in writing, it is of no use. It is as just and proper that a woman should dispose of her own property to her own satisfaction as that a man should dispose of his. In many cases she is as competent, and sadly to be pitied if not in many cases more so.

And even with her husband's consent she can not bequeath to him her real estate. She can sell it with his consent, but the deeds must pa.s.s and be recorded, and then, if the husband pleases, he can take the money and buy the property back again. Does justice require that a man and his wife should use so much deception, and be at so much unnecessary expense and trouble, to settle their own private affairs to their own satisfaction--affairs which do not in the least affect any other individual? Reason, humanity, and common sense answer--No!

"All men are created free and equal," and all women are born subject to laws which they have neither the power to make or to repeal, but which they are taxed, directly or indirectly, to support, and many of which are a disgrace to humanity and ought to be forthwith abolished. A woman is compelled by circ.u.mstances to work for less than half an ordinary man can earn, and yet she is as essential to the existence, happiness, and refinement of society as is man.

We are told "a great deal has already been done for woman;" in return we would tender our grateful acknowledgments, with the a.s.surance that when ours is the right, we will reciprocate the favor. Much that has been done, does not in the least affect those who are already married; and not one in ten of those who are not married, will ever be apprised of the existence of the laws by which they might be benefited. Few, if any, would marry a man so incompetent as in their opinion to render it necessary to avail themselves of such laws; neither would any spirited man knowingly marry a woman who considered him so incompetent; hence, instead of being a blessing, much labor and expense accrue to those who desire to avail themselves of their benefit; and such a step often induces the most bitter contention.

We are told "the Bible does not provide for divorce except for one offence." Neither does the Bible prohibit divorce for any other justifiable cause. Inasmuch as men take the liberty to legislate upon other subjects of which the Bible does, and does not, take particular notice, so likewise are they equally at liberty to legislate and improve upon this, when the state of society demands it.... A woman who has a good husband glides easily along under his protection, while those who have bad husbands, of which, alas! there are too many, are not aware of the depths of their degradation until they suddenly and unexpectedly find themselves, through the influence of the law, totally dest.i.tute, condemned to hopeless poverty and servitude, with an ungrateful tyrant for a master. No respectable man with a decent woman for a wife, will ever demean himself so much as to insult or abuse his wife. Wherever such a state of things exists, it is a disgrace to the age and to society, by whomsoever practiced, encouraged, or protected, whether public or private--whether social, political, or religious.

A very estimable and influential lady, whose property was valued at over $150,000, married a man, in whom she had unbounded, but misplaced confidence, as is too often the case; consequently the most of her property was squandered through intemperance and dissipation, before she was aware of the least wrong-doing. So deeply was she shocked by the character of her husband, that she soon found a premature grave, leaving several small children to be reared and educated upon the remnant of her scattered wealth.

Nearly twelve years since, a woman of a neighboring town, whose husband had forsaken her, hired a man to carry her furniture in a wagon to her native place, with her family, which consisted of her husband's mother, herself, and six children, the eldest of which was but twelve years old. On her arrival there, she had only food enough for one meal, and nine-pence left. During the summer, in consequence of hardships and deprivations, she was taken violently sick, being deprived of her reason for several weeks. Her husband had not, as yet, appeared to offer her the least a.s.sistance, although apprised of her situation. But, being an uncommonly mean man, he had sold her furniture, piece by piece, and reduced her to penury, so that nothing but the aid of her friends and her own exertions, saved her and her family from the alms-house.

Says the law to this heroic woman, "What, though your property is squandered, your health and spirits broken, and you have six small children, besides yourself and your husband's mother to support! After five years of incessant toil in humility and degradation, why should not your lord and master intrude his loathsome person, like a blood-sucker upon your vitals, never offering you any a.s.sistance; and should your precarious life be protracted to that extent of time, for twenty dollars you can buy a divorce from bed and board, and have your property secured to you. Such, Madam, is your high privilege. Complain then not to us, lest instead of alleviating your sufferings, we strengthen the cords that already bind you."

The moral courage of the "Hero of the Battle-field" would shrink in horror from scenes like these; but such is the fate of woman, to whom G.o.d grant no future "h.e.l.l."

In case a man receives a trifle from a departed friend or any other source, the wife's signature is not required. Recently a poor man left his daughter twenty dollars, of which her husband allowed her ten, retaining the remainder for acknowledging its receipt. It was probably the only ten dollars the woman ever received, except for her own exertions, which were constantly required to supply the necessities of her family, her husband being very intemperate and abusive, often pulling her by the ears so as to cause the blood to flow freely.

No bodily pain, however intense, can compare with the mental suffering which we witness and experience, and which would long since have filled our Insane Asylums to overflowing, were it not for the unceasing drudgery to which we are subjected, in order to save ourselves and families from starvation.

Often does the drunkard bestow upon his wife from one to a dozen children to rear and support until old enough to render her a little a.s.sistance, when they are compelled to seek service in order to clothe themselves decently, and often are their earnings, with those of their mother, appropriated to pay for rum, tobacco, gambling, and other vices. "Say not that we exaggerate these evils; neither tongue nor pen can do it!" says the unfortunate wife of a man whose moral character, so far as she knew, was unimpeachable, but who proved to be an insufferable tyrant, depriving her of the necessaries of life, and often ordering her out of the house which her friends provided for them to live in, using the most abusive epithets which ingenuity, or the want of it, could suggest. Intemperance degraded the character of the man with whom she lived as long as apprehensions for the safety of her life would warrant; from the fact that her health was rapidly failing under the severity and deprivation to which she was subjected, and the repeated threats of violence to her own life and that of her friends. "But one step farther and you drive us to desperation! Sooner would I pour out my heart's blood, drop by drop, than suffer again what I have hitherto experienced, or that my female friends should suffer as I have done, and I know that many of them do. Yet, neither sacrifice, sympathy, argument, or influence can avail us anything under existing circ.u.mstances."

Such an appeal from helpless, down-trodden humanity, though it were made to a council of the most benighted North American savages, would not pa.s.s unheeded. Shall it be made in vain to you?

To many of us death would be a luxury compared to what we suffer in consequence of the abusive treatment we receive from unprincipled men, which existing laws sanction and encourage by their indiscriminate severity, and with which we are told "it would be difficult to meddle on account of their sacredness and sublimity." The idea is sufficiently ludicrous to excite the risibility of the most grave. Though the sublime and the ridiculous may be too nearly allied for females to distinguish the difference, unjust inequality is to them far more contemptible than sacred, having thus far been ungraciously subjected to it. Well may we be called "the weaker s.e.x" if the error in judgment is ours, although we have intellect and energy enough not to respect the circ.u.mstances under which we are placed, nor the powers which would designedly inflict such injustice upon us.

Debased indeed would a man consider himself to employ a woman to plead his cause, with a woman for judge and twelve women for jurors. How much less degraded are women when exposed to a similar a.s.sembly of men, who have for them neither interest, sympathy, nor respect, subjected as they are to insolent questions and the uncharitable remarks of an indifferent mult.i.tude.

It is urged that women are ignorant of the laws. They are sufficiently enlightened to comprehend the meaning of justice--a far more important thing--which admits of neither improvement nor modification, but is applicable to every emergency. With the perceptibility that some can boast, it would require but a short time for them to enact laws sufficient to govern themselves, which is all that the most aspiring can covet; convinced as they are that, as in families, so likewise in government, the mild, indulgent parent who would consult the greatest good of the greatest number, is rewarded with agreeable and honorable children; while the one who is unjust, partial, and severe, is proportionably recompensed for his indiscretion.

In regard to unjust imprisonment we are told, "It is of too rare occurrence to require legal enactments." How many a devoted wife, mother, and child can tell a far different story. Who of us or our children is secure from false accusation and imprisonment, or, perhaps, an ignominious death upon the gallows, to screen some miserable villain from justice? Witnesses, lawyers, judges, jurors, and executioners are paid for depriving innocent persons of their time, liberty, health, and reputation, which, to many, is dearer than life, while the guilty one escapes, and society, when too late, laments the sad catastrophe. The life-blood of many a victim demands not only justice for the guilty, but protection for the innocent.

FIRST NATIONAL CONVENTION IN WORCESTER, OCTOBER 23d and 24th, 1850.

The Conventions in New York and Ohio, though not extensively advertised, nor planned with much deliberation, for in both cases they were hastily decided upon, yet their novelty attracted much attention, and drew large audiences. Those who had long seen and felt woman's wrongs, were now for the first time inspired with the hope that something might be done for their redress by organized action.

When Ma.s.sachusetts decided to call a convention, the initiative steps were well considered, as there were many men and women in that State trained in the anti-slavery school, skilled in managing conventions, who were also interested in woman's enfranchis.e.m.e.nt. But to the energy and earnestness of Paulina Wright Davis, more than to any other one person, we may justly accord the success of the first Conventions in Ma.s.sachusetts.

In describing the preliminary arrangements in a report read in the second decade meeting in New York in 1870, she says:

"In May, 1850, a few women in Boston attending an Anti-Slavery meeting, proposed that all who felt interested in a plan for a National Woman's Rights Convention, should consult in the ante-room.

Of the nine who went out into that dark, dingy room, a committee of seven were chosen to do the work. Worcester was the place selected, and the 23d and 24th of October the appointed time. However, the work soon devolved upon one person.[40] Illness hindered one, duty to a brother another, duty to the slave a third, professional engagements a fourth, the fear of bringing the gray hairs of a father to the grave prevented another from serving; but the pledge was made, and could not be withdrawn.

"The call was prepared, an argument in itself, and sent forth with earnest private letters in all directions. It covered the entire question, as it now stands before the public. Though moderate in tone, carefully guarding the idea of the absolute unity of interests and of the destiny of the two s.e.xes which nature has established, it still gave the alarm to conservatism.