History of Woman Suffrage Volume I Part 68

Hiss-s-s! Get out!

The case is still on.

[Ill.u.s.tration: SUSAN B. ANTHONY (with autograph).]

WOMAN'S RIGHTS STATE CONVENTION,

ROCHESTER, N. Y., NOVEMBER 30 AND DECEMBER 1, 1853.

As William Henry Channing resided at Rochester, and felt that the time had come for some more active measures, he was invited to prepare the call and resolutions for the Convention. The following was issued and extensively circulated, and signed by many of the leading men and women of the State:

THE JUST AND EQUAL RIGHTS OF WOMEN.

_To the Men and Women of New York:_

The "Woman's Rights" Movement is a practical one, demanding prompt and efficient action for the relief of oppressive wrongs; and, as the Conventions held for several years past in different States, have answered their end of arousing earnest public attention, the time has come for calling upon the people to reform the evils from which women suffer, by their Representatives in Legislative a.s.semblies.

The wise and humane of all cla.s.ses in society, however much they may differ upon speculative points as to woman's nature and function, agree that there are actual abuses of women, tolerated by custom and authorized by law, which are condemned alike by the genius of republican inst.i.tutions and the spirit of the Christian religion. Conscience and common sense, then, unite to sanction their immediate redress. Thousands of the best men and women, in all our communities, are asking such questions as these:

1. Why should not woman's work be paid for according to the quality of the work done, and not the s.e.x of the worker?

2. How shall we open for woman's energies new spheres of well remunerated industry?

3. Why should not wives, equally with husbands, be ent.i.tled to their own earnings?

4. Why should not widows, equally with widowers, become by law the legal guardians, as they certainly are by nature the natural guardians, of their own children?

5. On what just ground do the laws make a distinction between men and women, in regard to the ownership of property, inheritance, and the administration of estates?

6. Why should women, any more than men, be taxed without representation?

7. Why may not women claim to be tried by a jury of their peers, with exactly the same right as men claim to be and actually are?

8. If women need the protection of the laws, and are subject to the penalties of the laws equally with men, why should they not have an equal influence in making the laws, and appointing Legislatures, the Judiciary, and Executive?

And, finally, if governments--according to our National Declaration of Independence--"derive their just powers from the consent of the governed," why should women, any more than men, be governed without their own consent; and why, therefore, is not woman's right to suffrage precisely equal to man's?

For the end of finding out practical answers to these and similar questions, and making suitable arrangements to bring the existing wrongs of women, in the State of New York, before the Legislature at its next session, we, the undersigned, do urgently request the men and women of the Commonwealth to a.s.semble in Convention, in the city of Rochester, on Wednesday, November 30th, and Thursday, December 1, 1853.[122]

The Convention a.s.sembled at Corinthian Hall at 10 o'clock. Rev. Samuel J. May, of Syracuse, in the chair.[123] After thanking the Convention for the honor conferred, he ran the parallel between the laws for married women and the slaves on the Southern plantation, and then introduced Ernestine L. Rose, to paint in more vivid colors the picture he had outlined.

Mrs. ROSE said: The remarks of the president have impressed us to do our duty with all the earnestness in our power. This is termed a woman's rights movement. Alas! that the painful necessity should exist, for woman's calling a Convention to claim her rights from those who have been created to go hand in hand, and heart in heart with her; whose interests can not be divided from hers. Why does she claim them? Because every human being has a right to all the advantages society has to bestow, if his having them does not injure the rights of others. Life is valueless without liberty, and shall we not claim that which is dearer than life? In savage life, liberty is synonymous with aggression. In civilized countries it is founded on equality of rights.

Oppression always produces suffering through the whole of the society where it exists; this movement ought, therefore, to be called a human rights movement. The wrongs of woman are so many (indeed there is scarcely anything else but wrongs) that there is not time to mention them all in one convention. She would speak at present of legal wrongs, and leave it to her hearers, if all are not--men, perhaps, more than women--sufferers by these wrongs. How can woman have a right to her children when the right to herself is taken away? At the marriage altar the husband says in effect, "All this is mine, all mine is my own." She ceases to exist legally, except when she violates the laws; then she a.s.sumes her ident.i.ty just long enough to receive the penalty.

When the husband dies poor, leaving the widow with small children (here the speaker pictured thrillingly the suffering of a poor, weak-minded, helpless woman, with small children dependent on her), she is then acknowledged the guardian of her children. But any property left them takes away her right of control. If there is property the law steps in as guardian of it and therefore of the children. The widowed mother is their guardian, only on condition that the husband has made her so by will. Can any human being be benefited by such gross violations of humanity?

MATILDA JOSLYN GAGE said: The legal disabilities of woman are many, as not only known to those who bear them, but they are acknowledged by Kent, Story, and many other legal authorities. A wife has no management in the joint earnings of herself and her husband; they are entirely under control of the husband, who is obliged to furnish the wife merely the common necessaries of life; all that she receives beyond these is looked upon by the law as a favor, and not held as her right. A mother is denied the custody of her own child; a most barbarous and unjust law, which robs her of the child placed in her care by the great Creator himself. A widow is allowed the use merely of one-third of the real estate left at the husband's death; and when her minor children have grown up she must surrender the personal property, even to the family Bible, and the pictures of her dear children.

In view of such laws the women engaged in this movement ask that the wife shall be made heir to the husband to the same extent that he is now her heir.

Taxation without representation is another of the wrongs that woman endures. In this she is held below the negro in the political scale; for the black man, when not possessing property to the extent of two hundred and fifty dollars, is not allowed to vote, but neither is he taxed. The present law of divorce is very unjust; the husband, whether the innocent or the guilty party, retaining all the wife's property, as also the control of the children unless by special decree of the court they are a.s.signed to the mother.

Rev. ANTOINETTE BROWN said: The wife owes service and labor to her husband as much and as absolutely as the slave does to his master. This grates harshly upon the ears of Christendom; but it is made palpably and practically true all through our statute books, despite the poetic fancy which views woman as elevated in the social estate; but a little lower than the angels.

Letters were read from Paulina Wright Davis, Dr. Trail, Mary C.

Vaughan, and Hon. William Hay. A series of fourteen resolutions were presented by Mr. Channing, and discussed, which suggested the appointment of various committees. One to prepare an address to the Legislature, and to ask a special hearing before a joint committee to consider the whole subject of the just and equal rights of woman; another to prepare an address to the capitalists and industrialists of New York on the best modes of employing and remunerating women.

_Resolved_, That the movement, now in progress throughout the United States, for securing the just and equal rights of women, in education, industry, law, politics, religion, and social life, is timely, wise, and practical; that it is authorized by all the essential principles of Republican inst.i.tutions, and sanctioned by the spirit of the Christian religion; and finally that it is but a carrying on to completeness of a reform, already begun, by legal provisions, in the most advanced States of the Union.

_Resolved_, That the design of all true legislation should be the elevation of every member of the community--and that the violation of this legitimate design, in depriving woman of her just and equal rights, is not only highly injurious to her, but by reason of the equilibrium which pervades all existence, that man, too, is impeded in his progress by the very chains which bind woman to the lifeless skeleton of feudal civilization.

_Resolved_, That we do not ask for woman's political, civil, industrial, and social equality with man, in the spirit of antagonism, or with a wish to produce separate and conflicting interests between the s.e.xes, but because the onward progress of society and the highest aspirations of the human race, demand that woman should everywhere be recognized as the co-equal and co-sovereign of man.

_Resolved_, That women justly claim an equally free access with men, to the highest means of mental, moral, and physical culture, provided in seminaries, colleges, professional and industrial schools; and that we call upon all friends of progress and upon the Legislature of New York, in establishing and endowing inst.i.tutions, to favor pre-eminently those which seek to place males and females on a level of equal advantages in their system of education.

_Resolved_, That, inasmuch as universal experience proves the inseparable connection between dependence and degradation--while it is plain to every candid observer of society that women are kept poor, by being crowded together, to compete with and undersell one another in a few branches of labor, and that from this very poverty of women, spring many of the most terrible wrongs and evils, which corrupt and endanger society: therefore do we invite the earnest attention of capitalists, merchants, traders, manufacturers, and mechanics, to the urgent need, which everywhere exists, of opening to women new avenues of honest and honorable employment, and we do hereby call upon all manly men to make room for their sisters to earn an independent livelihood.

_Resolved_, That, whereas, the custom of making small remuneration for woman's work, in all departments of industry, has sprung from her dependence, which dependence is prolonged and increased by this most irrational and unjust habit of half pay; therefore do we demand, in the name of common sense and common conscience, that women equally with men, should be paid for their services according to the quality and quant.i.ty of the work done, and not the s.e.x of the worker.

_Resolved_, That, whereas, the State of New York, in the acts of 1848 and 1849, has honorably and justly placed married women on the footing of equality with unmarried women, in regard to the receiving, holding, conveying, and devising of all property, real and personal, we call upon the Legislature of the State to take the next step--so plainly justified by its own precedents--of providing that husbands and wives shall be joint owners of their joint earnings--the community estate pa.s.sing to the survivor at the death of either party.

_Resolved_, That, whereas, the evident intent of the Legislature of the State of New York has for many years been progressively to do away with the legal disabilities of women, which existed under the savage usages of the old common law, therefore we do urgently call upon the Legislature of this State, at its next session, to appoint a joint committee to examine and revise the statutes, and to propose remedies for the redress of all legal grievances from which women now suffer, and suitable measures for the full establishment of women's legal equality with men.

_Resolved_, That, whereas, under the common law, the father is regarded as the guardian, by nature, of his children, having the entire control of their persons and education, while only upon the death of the father, does the mother become the guardian by nature; and, whereas, by the revised statutes of New York, it is provided, that where an estate in lands shall become vested in an infant, the guardianship of such infant, with the rights, powers, and duties of a guardian in soccage, shall belong to the father, and only in case of the father's death, to the mother; and, whereas, finally and chiefly, by the revised statutes of New York, it is provided, that every father may, by his deed or last will, duly executed, dispose of the custody and tuition of his children, during their minority, "to any person or persons in possession or remainder"; therefore, do we solemnly protest against the utter violation of every mother's rights, authorized by existing laws, in regard to the guardianship of infants, and demand, in the name of common humanity, that the Legislature of New York so amend the statutes, as to place fathers and mothers on equal footing in regard to the guardianship of their children.

Especially do we invite the Legislature instantly to pa.s.s laws, ent.i.tling mothers to become their children's guardians, in all cases where, by habitual drunkenness, immorality, or improvidence, fathers are incompetent to the sacred trust.

_Resolved_, That, whereas, according to the amendments of the Const.i.tution of the United States, it is provided that "in all criminal cases, the accused shall enjoy the right to a speedy and public trial, by an impartial jury," and that "in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved"; and, whereas, according to the revised statutes of New York, it is provided, that "no member of this State can be disfranchised or deprived of any of the rights or privileges, secured to any citizen thereof, unless by the law of the land, or the judgment of his peers"; therefore, do we demand, that women, as "members" and "citizens"

of this State, equally with men, should be ent.i.tled to claim a trial by "an impartial jury of their peers." And especially do we remonstrate against the partial, mean, and utterly inequitable custom, everywhere prevalent, that in questions of divorce, men, and men alone, should be regarded as "an impartial jury."

_Resolved_, That, whereas, in the Declaration of Independence of the United States, one of the "injuries and usurpation"

complained of is Taxation without the consent of the persons taxed; and, whereas, it is provided in the revised statutes of New York, that "no tax, duty, aid or imposition whatever--except such as may be laid by a law of the United States--can be taken or levied within this State, without the grant and a.s.sent of the people of this State; by their representatives in Senate and a.s.sembly"; and that "no citizen of this State can be compelled to contribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States, or by the Legislature of the State"; therefore do we proclaim, that it is a gross act of tyranny and usurpation, to tax women without their consent, and we demand, either that women be represented by their own appointed representatives, or that they be freed from the imposition of taxes.

_Resolved_, That inasmuch as it is the fundamental principle of the Nation and of every State in this Union, that all "governments derive their just powers from the consent of the governed"--it is a manifest violation of the Supreme Law of the land for males to govern females without their consent; and therefore do we demand, of the people of New York, such a change in the Const.i.tution of the State, as will secure to women the right of suffrage which is now so unjustly monopolized by men.

_Resolved_, That Elizabeth Cady Stanton, Samuel J. May, Ernestine L. Rose, William Hay, Susan B. Anthony, Burroughs Phillips, Antoinette L. Brown, W. H. Channing, and Lydia A. Jenkins, be a committee to prepare and to present an address to the Legislature of New York, at its next session, stating, as specifically as they shall see fit, the legal disabilities of women, and to ask a hearing before a joint committee, specially appointed to consider the whole subject of the just and equal rights of women.

_Resolved_, That Horace Greeley, Mary C. Vaughan, Abram Pryne, Sarah Pellet, and Matilda Joslyn Gage be a committee to prepare an address to capitalists and industrialists of New York, on the best modes of employing and remunerating the industry of women.

The President invited any one who saw errors or fallacies in the arguments brought forward, to make them apparent.

Mr. PRYNE, of Cazenovia, editor of the _Progressive Christian_, said: If women desire to enter the ordinary avocations of men, they must be brave enough to become shopkeepers and mechanics.

There is no law to prevent it, neither is there to woman's voting. The men have made an arrangement by which their votes are not counted, but still they might provide ballot-boxes, and decide upon whom they would prefer as magistrates and legislators. A man who was thus voted to stay at home, by an overwhelming majority of women, even if elected by the men, would find himself in an uncomfortable position.

Mr. CHANNING said he understood that in a town in Ohio the women did so, and cast sixty votes.

Mr. PRYNE was glad to hear that there were practical women in Ohio. Man is where he is because he is what he is, and when woman gets the same elements of moral and physical power she will have no more wrongs to complain of.

Mrs. ROSE said it was a true maxim that he who would be free, himself must strike the blow. But woman could not, as things were, help herself. As well might the slaveholder say that the slave was fit for no other condition while he consents to occupy that position. To a certain extent this is true, and the same principles apply to both cla.s.ses. But all human beings are not martyrs; the majority accept the conditions in which they find themselves, rather than make their lives one long struggle for freedom. Woman must be educated to take the stand which Mr. Pryne invites her to a.s.sume. The only object for which woman is now reared is to be married; and is she fitted even for that; to become a companion, an a.s.sistant, an aid, a comforter to man; and above all, a mother? That alone; to fit a woman for that sphere; she must possess all the extended education which would fit her to take any position in life to which man aspires.