History of Woman Suffrage
Chapter 10 : MEMORIAL.We believe the whole theory of the Common Law in relation to woman is unjust a

MEMORIAL.

We believe the whole theory of the Common Law in relation to woman is unjust and degrading, tending to reduce her to a level with the slave, depriving her of political existence, and forming a positive exception to the great doctrine of equality as set forth in the Declaration of Independence. In the language of Prof. Walker, in his "Introduction to American Law": "Women have no part or lot in the foundation or administration of the government. They can not vote or hold office. They are required to contribute their share, by way of taxes, to the support of the Government, but are allowed no voice in its direction. They are amenable to the laws, but are allowed no share in making them.

This language, when applied to males, would be the exact definition of political slavery." Is it just or wise that woman, in the largest and professedly the freest and most enlightened republic on the globe, in the middle of the nineteenth century, should be thus degraded?

We would especially direct the attention of the Convention to the legal condition of married women. Not being represented in those bodies from which emanate the laws, to which they are obliged to submit, they are protected neither in person nor property. "The merging of woman's name in that of her husband is emblematical of the fate of all her legal rights." At the marriage-altar, the law divests her of all distinct individuality. Blackstone says: "The very being or legal existence of the woman is suspended during marriage, or at least incorporated or consolidated into that of her husband." Legally, she ceases to exist, and becomes emphatically a new creature, and is ever after denied the dignity of a rational and accountable being. The husband is allowed to take possession of her estates, as the law has proclaimed her legally dead. All that she has, becomes legally his, and he can collect and dispose of the profits of her labor without her consent, as he thinks fit, and she can own nothing, have nothing, which is not regarded by the law as belonging to her husband.

Over her person he has a more limited power. Still, if he render life intolerable, so that she is forced to leave him, he has the power to retain her children, and "seize her and bring her back, for he has a right to her society which he may enforce, either against herself or any other person who detains her" (Walker, page 226). Woman by being thus subject to the control, and dependent on the will of man, loses her self-dependence; and no human being can be deprived of this without a sense of degradation. The law should sustain and protect all who come under its sway, and not create a state of dependence and depression in any human being. The laws should not make woman a mere pensioner on the bounty of her husband, thus enslaving her will and degrading her to a condition of absolute dependence.

Believing that woman does not suffer alone when subject to oppressive and unequal laws, but that whatever affects injuriously her interests, is subversive of the highest good of the race, we earnestly request that in the New Const.i.tution you are about to form for the State of Ohio, women shall be secured, not only the right of suffrage, but all the political and legal rights that are guaranteed to men.

After some discussion the memorial was adopted. With the hope of creating a feeling of moral responsibility on this vital question, an earnest address[16] to the women of the State was also presented, discussed, and adopted.

ADDRESS TO THE WOMEN OF OHIO.

How shall the people be made wiser, better, and happier, is one of the grand inquiries of the present age. The various benevolent a.s.sociations hold up to our view special forms of evil, and appeal to all the better feelings of our nature for sympathy, and claim our active efforts and co-operation to eradicate them.

Governments, at times, manifest an interest in human suffering; but their cold sympathy and tardy efforts seldom avail the sufferer until it is too late. Philanthropists, philosophers, and statesmen study and devise ways and means to ameliorate the condition of the people. Why have they so little practical effect? It is because the means employed are not adequate to the end sought for. To ameliorate the effects of evil seems to have been the climax of philanthropic effort. We respectfully suggest that lopping the branches of the tree but causes the roots to strike deeper and cling more closely to the soil that sustains it. Let the amelioration process go on, until evil is exterminated root and branch; and for this end the people must be instructed in the Rights of Humanity;--not in the rights of men and the rights of women; the rights of the master and those of the slave;--but in the perfect equality of the Rights of Man. The rights of man! Whence came they? What are they? What is their design? How do we know them? They are of G.o.d! Those that most intimately affect us as human beings are life, liberty, and the pursuit of happiness. Their design is happiness. The human organization is the charter deed by which we hold them. Hence we learn that rights are coeval with the human race, of universal heritage, and inalienable; that every human being, no matter of what color, s.e.x, condition, or clime, possesses those rights upon perfect equality with all others. The monarch on the throne, and the beggar at his feet, have the same. Man has no more, woman no less.

Rights may not be usurped on one hand, nor surrendered on the other, because they involve a responsibility that can be discharged only by those to whom they belong, those for whom they were created; and because, without those certain inalienable rights, human beings can not attain the end for which G.o.d the Father gave them existence. Where and how can the wisdom and ingenuity of the world find a truer, stronger, broader basis of human rights. To secure these rights, says the Declaration of Independence, "Governments were inst.i.tuted among men, deriving their just powers from the consent of the governed;" and "whenever any form of government becomes destructive of those ends, it is the right of the people to alter or abolish it, and to subst.i.tute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

The Government of this country, in common with all others, has never recognized or attempted to protect women as persons possessing the rights of humanity. They have been recognized and protected as appendages to men, without independent rights or political existence, unknown to the law except as victims of its caprice and tyranny. This government, having therefore exercised powers underived from the consent of the governed, and having signally failed to secure the end for which all just government is inst.i.tuted, should be immediately altered, or abolished.

We can not better describe the political condition of woman, than by quoting from a distinguished lawyer of our own State.

Professor Walker, in his "Introduction to American Law," says

OF HUSBAND AND WIFE,

"We have a few statutory provisions on the subject, but for the most part the law of husband and wife is _Common Law_, and you will find that it savors of its origin in all its leading features. The whole theory is a slavish one, compared even with the civil law. I do not hesitate to say, by way of arousing your attention to the subject, that the law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. I do not mean to say that females are degraded in point of fact. I only say, that the theory of the law degrades them almost to the level of slaves." We thank Prof. Walker for his candor. He might have added that the practice of the law does degrade woman to the level of the slave. He also says: "With regard to political rights, females form a positive exception to the general doctrine of equality. They have no part nor lot in the formation or administration of government. They can not vote or hold office. We require them to contribute their share in the way of taxes for the support of government, but allow them no voice in its direction. We hold them amenable to the laws when made, but allow them no share in making them. This language applied to males, would be the exact definition of political slavery; applied to females, custom does not teach us so to regard it."

Of married women he says: "The legal theory is, marriage makes the husband and wife one person, and that person is the husband.

He the substantive, she the adjective. In a word, there is scarcely a legal act of any description that she is competent to perform. If she leaves him without cause, (legal) he may seize and bring her back, for he has a right to her society, which he may enforce, either against herself, or any other person. All her personality in regard to property becomes the husband's by marriage, unless the property has been specially secured to her.

If the property be not in his possession, he may take measures to reduce it to possession. He can thus dispose of it in spite of her. If debts were due to her, he may collect them. If he was himself the debtor, the marriage cancels the debt. If she has earned money during marriage, he may collect it. In regard to realty (real estate) he controls the income, and without her consent he can not enc.u.mber, or dispose of the property beyond his own life." Women, married or single, have no political rights whatever. While single, their legal rights are the same as those of men; when married, their legal rights are chiefly suspended.

"The condition of the wife may be inferred from what has already been said. She is almost at the mercy of her husband; she can exercise no control over his property or her own. As a general rule, she can make no contracts binding herself or him. Her contracts are not merely voidable, but absolutely void. Nor can she make herself liable for his contracts, torts, or crimes. Her only separate liability is for her own crimes. Her only joint liability, is for her own torts committed without his partic.i.p.ation, and for contracts for which the law authorizes her to unite with him. She has no power over his person, and her only claim upon his property is for a bare support. In no instance can she sue or be sued alone in a civil action; and there are but few cases in which she can be joined in a suit with him. In Ohio, but hardly anywhere else, is she allowed to make a will, if haply she has anything to dispose of."

Women of Ohio! Whose cheek does not blush, whose blood does not tingle at this cool, lawyer-like recital of the gross indignities and wrongs which Government has heaped upon our s.e.x? With these marks of inferiority branded upon our persons, and interwoven with the most sacred relations of human existence, how can we rise to the true dignity of human nature, and discharge faithfully the important duties a.s.signed us as responsible, intelligent, self-controlling members of society? No wonder that so many of our politicians are dough-faced serviles, without independence or manhood; no wonder our priests are time-serving and sycophantic: no wonder that so many men are moral cowards and cringing poltroons. What more could be expected of a progeny of slaves? Slaves are we, politically and legally. How can we, who, it is said, are the educators of our children, present to this nation anything else but a generation of serviles, while we, ourselves, are in a servile condition, and padlocks are on our lips? No! if men would be men worthy of the name, they must cease to disfranchise and rob their wives and mothers; they must forbear to consign to political and legal slavery their sisters and their daughters. And, would we be women worthy the companions.h.i.+p of true and n.o.ble men, we must cease longer to submit to tyranny. Let us rise in the might of self-respect, and a.s.sert our rights, and by the aid of truth, the instincts of humanity, and a just application of the principles of equality, we shall be able to maintain them.

You ask, would you have woman, by engaging in political party bickerings and noisy strife, sacrifice her integrity and purity?

No, neither would we have men do it.... We hold that whatever is essentially wrong for woman to do, can not be right for man. If deception and intrigue, the elements of political craft, be degrading to woman, can they be enn.o.bling to man? If patience and forbearance adorn a woman, are they not equally essential to a manly character? If anger and turbulence disgrace woman, what can they add to the dignity of man? Nothing; because nothing can be morally right for man, that is morally wrong for woman. Woman, by becoming the executioner of man's vengeance on his fellow-man, could inflict no greater wrong on society than the same done by man; but it would create an intenser feeling of shuddering horror, and would, we conceive, rouse to more healthful activity man's torpid feelings of justice, mercy, and clemency. And so, also, if woman had free scope for the full exercise of the heavenly graces that men so gallantly award her, truth, love, and mercy would be invested with a more sacred charm. But while they continue to enforce obedience to arbitrary commands, to encourage love of admiration and a desire for frivolous amus.e.m.e.nts; while they crush the powers of the mind, by opposing authority and precedent to reason and progress; while they arrogate to themselves the right to point us to the path of duty, while they close the avenues of knowledge through public inst.i.tutions, and monopolize the profits of labor, mediocrity and inferiority must be our portion. Shall we accept it, or shall we strive against it?

Men are not dest.i.tute of justice or humanity; and let it be remembered that there are hosts of n.o.ble and truthful ones among them who deprecate the tyranny that enslaves us; and none among ourselves can be more ready than they to remove the mountain of injustice which the savagism of ages has heaped upon our s.e.x. If, therefore, we remain enslaved and degraded, the cause may justly be traced to our own apathy and timidity. We have at our disposal the means of moral agitation and influence, that can arouse our country to a saving sense of the wickedness and folly of disfranchising half the people. Let us no longer delay to use them.

Let it be remembered too, that tyrannical and illiberal as our Government is, low as it places us in the scale of existence, degrading as is its denial of our capacity for self-government, still it concedes to us more than any other Government on earth.

Woman, over half the globe, is now and always has been but a chattel. Wives are bargained for, bought and sold, as other merchandise, and as a consequence of the annihilation of natural rights, they have no political existence. In Hindustan, the evidence of woman is not received in a court of justice. The Hindu wife, when her husband dies, must yield implicit obedience to the oldest son. In Burmah, they are not allowed to ascend the steps of a court of justice, but are obliged to give their testimony outside of the building. In Siberia, women are not allowed to step across the footprints of men or reindeer. The Mohammedan law forbids pigs, dogs, women, and other impure animals to enter the Mosque. The Moors, for the slightest offense, beat their wives most cruelly. The Tartars believe that women were sent into the world for no other purpose than to be useful, convenient slaves. To these heathen precedents our Christian brethren sometimes refer to prove the inferiority of woman, and to excuse the inconsistency of the only Government on earth that has proclaimed the equality of man. An argument worthy its source.

In answer to the popular query, "Why should woman desire to meddle with public affairs?" we suggest the following questions:

1st. Is the principle of taxation without representation less oppressive and tyrannical, than when our fathers expended their blood and treasure, rather than submit to its injustice?

2d. Is it just, politic, and wise, that universities and colleges endowed by Government should be open only to men?

3d. Is it easier for Government to reform lazy, vicious, ignorant, and hardened felons, than for enlightened humanity--loving parents, to "train up a child in the way it should go"?

4th. How can a mother, who does not understand, and therefore can not appreciate the rights of humanity, train up her child in the way it should go?

5th. Whence originates the necessity of a penal code?

6th. It is computed that over ten millions of dollars are annually expended in the United States for the suppression of crime. How much of this waste of treasure is traceable to defective family government?

7th. Can antiquity make wrong right?

In conclusion, we appeal to our sisters of Ohio to arise from the lethargy of ages; to a.s.sert their rights as independent human beings; to demand their true position as equally responsible co-workers with their brethren in this world of action. We urge you by your self-respect, by every consideration for the human race, to arise and take possession of your birthright to freedom and equality. Take it not as the gracious boon tendered by the chivalry of superiors, but as your _right_, on every principle of justice and equality.

The present is a most favorable time for the women of Ohio to demand a recognition of their rights. The organic law of the State is about to undergo a revision. Let it not be our fault if the rights of humanity, and not alone those of "free white male citizens," are recognized and protected. Let us agitate the subject in the family circle, in public a.s.semblies, and through the press. Let us flood the Const.i.tutional Convention with memorials and addresses, trusting to truth and a righteous cause for the success of our efforts.

This Convention had one peculiar characteristic. It was officered entirely by women; not a man was allowed to sit on the platform, to speak, or vote. _Never did men so suffer._ They implored just to say a word; but no; the President was inflexible--no man should be heard. If one meekly arose to make a suggestion he was at once ruled out of order. For the first time in the world's history, men learned how it felt to sit in silence when questions in which they were interested were under discussion. It would have been an admirable way of closing the Convention, had a rich banquet been provided, to which the men should have had the privilege of purchasing tickets to the gallery, there to enjoy the savory odors, and listen to the after-dinner speeches. However, the gentlemen in the Convention pa.s.sed through this severe trial with calm resignation; at the close, organized an a.s.sociation of their own, and generously endorsed all the ladies had said and done.

Though the women in this Convention were unaccustomed to public speaking and parliamentary tactics, the interest was well sustained for two days, and the deliberations were conducted with dignity and order. It was here Josephine S. Griffing uttered her first brave words for woman's emanc.i.p.ation, though her voice had long been heard in pathetic pleading for the black man's rights. This Convention, which was called and conducted by Mrs. Emily Robinson, with such aid as she could enlist, was largely attended and entirely successful.

A favorable and lengthy report found its way into the _New York Tribune_ and other leading journals, both East and West, and the proceedings of the Convention were circulated widely in pamphlet form.

All this made a very strong impression upon the public mind. From the old world, too, the officers of the Convention received warm congratulations and earnest words of sympathy, for the new gospel of woman's equality was spreading in England as well as America.

AKRON CONVENTION.

The advocates for the enfranchis.e.m.e.nt of woman had tripled in that one short year. The very complimentary comments of the press, and the attention awakened throughout the State, by the presentation of "the memorial" to the Const.i.tutional Convention, had accomplished a great educational work. Soon after this, another convention was called in Akron. The published proceedings of the first convention, were like clarion notes to the women of Ohio, rousing them to action, and when the call to the second was issued, there was a generous response. In 1851, May 28th and 29th, many able men and women rallied at the stone church, and hastened to give their support to the new demand, and most eloquently did they plead for justice to woman.

Frances D. Gage, Hannah Tracy Cutler, Jane G. Swisshelm, Caroline M.

Severance, Emma R. Coe, Maria L. Giddings, Celia C. Burr (afterward Burleigh), Martha J. Tilden, and many other n.o.ble women who were accustomed to speaking in temperance and anti-slavery meetings, helped to make this Convention most successful. Frances D. Gage was chosen President of the Convention. On taking the chair she said:

I am at a loss, kind friends, to know whether to return you thanks, or not, for the honor conferred upon me. And when I tell you that I have never in my life attended a regular business meeting, and am entirely inexperienced in the forms and ceremonies of a deliberative body, you will not be surprised that I do not feel remarkably grateful for the position. For though you have conferred an honor upon me, I very much fear I shall not be able to reflect it back. I will try.

When our forefathers left the old and beaten paths of New England, and struck out for themselves in a new and unexplored country, they went forth with a slow and cautious step, but with firm and resolute hearts. The land of their fathers had become too small for their children. Its soil answered not their wants.

The parents shook their heads and said, with doubtful and foreboding faces: "Stand still, stay at home. This has sufficed for us; we have lived and enjoyed ourselves here. True, our mountains are high and our soil is rugged and cold; but you won't find a better; change, and trial, and toil, will meet you at every step. Stay, tarry with us, and go not forth to the wilderness."

But the children answered: "Let us go; this land has sufficed for you, but the one beyond the mountains is better. We know there is trial, toil, and danger; but for the sake of our children, and our children's children, we are willing to meet all." They went forth, and pitched their tents in the wilderness. An herculean task was before them; the rich and fertile soil was shadowed by a mighty forest, and giant trees were to be felled. The Indians roamed the wild, wide hunting-grounds, and claimed them as their own. They must be met and subdued. The savage beasts howled defiance from every hill-top, and in every glen. They must be destroyed. Did the hearts of our fathers fail? No; they entered upon their new life, their new world, with a strong faith and a mighty will. For they saw in the prospection a great and incalculable good. It was not the work of an hour, nor of a day; not of weeks or months, but of long struggling, toiling, painful years. If they failed at one point, they took hold at another. If their paths through the wilderness were at first crooked, rough, and dangerous, by little and little they improved them. The forest faded away, the savage disappeared, the wild beasts were destroyed, and the hopes and prophetic visions of their far-seeing powers in the new and untried country, were more than realized.

Permit me to draw a comparison between the situation of our forefathers in the wilderness, without even so much as a bridle-path through its dark depths, and our present position.

The old land of moral, social, and political privilege, seems too narrow for our wants; its soil answers not to our growing, and we feel that we see clearly a better country that we might inhabit.

But there are mountains of established law and custom to overcome; a wilderness of prejudice to be subdued; a powerful foe of selfishness and self-interest to overthrow; wild beasts of pride, envy, malice, and hate to destroy. But for the sake of our children and our children's children, we have entered upon the work, hoping and praying that we may be guided by wisdom, sustained by love, and led and cheered by the earnest hope of doing good.

I shall enter into no labored argument to prove that woman does not occupy the position in society to which her capacity justly ent.i.tles her. The rights of mankind emanate from their natural wants and emotions. Are not the natural wants and emotions of humanity common to, and shared equally by, both s.e.xes? Does man hunger and thirst, suffer cold and heat more than woman? Does he love and hate, hope and fear, joy and sorrow more than woman?

Does his heart thrill with a deeper pleasure in doing good? Can his soul writhe in more bitter agony under the consciousness of evil or wrong? Is the suns.h.i.+ne more glorious, the air more quiet, the sounds of harmony more soothing, the perfume of flowers more exquisite, or forms of beauty more soul-satisfying to his senses, than to hers? To all these interrogatories every one will answer, No!

Where then did man get the authority that he now claims over one-half of humanity? From what power the vested right to place woman--his partner, his companion, his helpmeet in life--in an inferior position? Came it from nature? Nature made woman his superior when she made her his mother; his equal when she fitted her to hold the sacred position of wife. Does he draw his authority from G.o.d, from the language of holy writ? No! For it says that "Male and female created he _them_, and gave _them_ dominion." Does he claim it under law of the land? Did woman meet with him in council and voluntarily give up all her claim to be her own law-maker? Or did the majesty of might place this power in his hands?--The power of the strong over the weak makes man the master! Yes, there, and there only, does he gain his authority.

In the dark ages of the past, when ignorance, superst.i.tion, and bigotry held rule in the world, might made the law. But the undertone, the still small voice of Justice, Love, and Mercy, have ever been heard, pleading the cause of humanity, pleading for truth and right; and their low, soft tones of harmony have softened the lion heart of might, and little by little, he has yielded as the centuries rolled on; and man, as well as woman, has been the gainer by every concession. We will ask him to yield still; to allow the voice of woman to be heard; to let her take the position which her wants and emotions seem to require; to let her enjoy her natural rights. Do not answer that woman's position is now all her natural wants and emotions require. Our meeting here together this day proves the contrary; proves that we have aspirations that are not met. Will it be answered that we are factious, discontented spirits, striving to disturb the public order, and tear up the old fastnesses of society? So it was said of Jesus Christ and His followers, when they taught peace on earth and good-will to men. So it was said of our forefathers in the great struggle for freedom. So it has been said of every reformer that has ever started out the car of progress on a new and untried track.

We fear, not man as an enemy. He is our friend, our brother. Let woman speak for herself, and she will be heard. Let her claim with a calm and determined, yet loving spirit, her place, and it will be given her. I pour out no harsh invectives against the present order of things--against our fathers, husbands, and brothers; they do as they have been taught; they feel as society bids them; they act as the law requires. Woman must act for herself.

Oh, if all women could be impressed with the importance of their own action, and with one united voice, speak out in their own behalf, in behalf of humanity, they could create a revolution without armies, without bloodshed, that would do more to ameliorate the condition of mankind, to purify, elevate, enn.o.ble humanity, than all that has been done by reformers in the last century.

When we consider that Mrs. Gage had led the usual arduous domestic life, of wife, mother, and housekeeper, in a new country, overburdened with the care and anxiety incident to a large family reading and gathering general information at short intervals, taken from the hours of rest and excessive toil, it is remarkable, that she should have presided over the Convention, in the easy manner she is said to have done, and should have given so graceful and appropriate an extemporaneous speech, on taking the chair. Maria L. Giddings, daughter of Joshua R. Giddings, who represented Ohio many years in Congress, presented a very able digest on the common law. Betsey M.