FOOTNOTES:
[89] Jerry McHenry was an athletic mulatto, a cooper by trade, who had been living in Syracuse for many years, since his escape from slavery. On the 13th of October, 1850, there was an attempt to kidnap him, but the Abolitionists, with such men as Samuel J. May and Gerrit Smith at their head, succeeded in rescuing him by a coup d'état, from the officers of the law, which involved several trials in Auburn, Canandaigua, Buffalo, and Albany. As this occurred soon after the passage of the Fugitive Slave Law, the leading Abolitionists were determined to test its constitutionality in the courts. It was so systematically and universally violated, that it soon became a dead letter.
[90] A Heroic Woman.—Mrs. Margaret Freeland, of Syracuse, was recently arrested upon a warrant issued on complaint of Emanuel Rosendale, a rum-seller, charging her with forcing an entrance to his house, and with stones and clubs smashing his doors and windows, breaking his tumblers and bottles, and turning over his whisky barrels and spilling their contents. Great excitement was produced by this novel case. It seems that the husband of Mrs. Freeland was a drunkard—that he was in the habit of abusing his wife, turning her out of doors, etc., and this was carried so far that the police frequently found it necessary to interfere to put a stop to his ill-treatment of his family. Rosendale, the complainant, furnished Freeland with the liquor which turned him into a demon. Mrs. Freeland had frequently told him of her sufferings and besought him to refrain from giving her husband the poison. But alas! she appealed to a heart of stone. He disregarded her entreaties and spurned her from his door. Driven to desperation she armed herself, broke into the house, drove out the base-hearted landlord and proceeded upon the work of destruction.
She was brought before the court and demanded a trial. The citizens employed Charles B. Sedgwick, Esq., as her counsel, and prepared to justify her assault upon legal grounds. Rosendale, being at once arrested on complaint of Thomas L. Carson for selling liquor unlawfully, and feeling the force of the storm that was gathering over his head, appeared before the Justice, withdrew his complaint against Mrs. Freeland, paid the costs, and gave bail on the complaint of Mr. Carson, to appear at the General Sessions, and answer to an indictment should there be one found.
Mrs. Freeland is said to be "the pious mother of a fine family of children, and a highly respectable member of the Episcopal Church."
The Carson League commenting on this affair says:
"The rum-seller cowered in the face of public feeling. This case shows that public feeling will justify a woman whose person or family is outraged by a rum-seller, for entering his grocery or tavern and destroying his liquor. If the law lets loose a tiger upon her, she may destroy it. She has no other resort but force to save herself and her children. Were the women of this city to proceed in a body and destroy all the liquor of all the taverns and groceries, they would be justified by law and public opinion. Women should take this war into their hands, when men take side with the murderers of their peace.
"A tavern or grocery which makes the neighbors drunken and insane is a public nuisance, and may be pulled down and destroyed by the neighbors who are injured by it. It is worse than the plague. And if men will not put hands on it, then should the women do it. Tell us not it is property. It ceases to be property when it is employed to destroy the people. If a man lights his torch and sets about putting fire to the houses about him, any person may seize the torch and destroy it. So if a man takes a pistol and passes through the streets shooting the people, the pistol ceases to be property and may be taken from him by force and destroyed by any person who can do it. We sincerely hope that the women of the State will profit by this example, and go to destroying the liquor vessels; and their contents." To all of which we respond amen.
The Lily, June, 1853.
[91] Mrs. Thompson, of Albany; Mrs. Cushman, of New York, Vice-Presidents. Mrs. Fowler and Miss Anthony, Secretaries. Lydia Mott, of Albany; Phebe Hoag Jones, of Troy; Eliza Hoxie Shove, of Easton; and Elizabeth Van Alstine, of Canajoharie, Business Committee.
[92] The following citizens of Rochester concur in the above call: Samuel Richardson, Rev. Wm. H. Goodwin, Samuel Chipman, Geo. A. Avery, James P. Fogg, J. O. Bloss, Wm. K. Hallowell, James Vick, Jr., E. C. Williams, Daniel Anthony.
[93] Vice-Presidents.—Mary C. Vaughan, Olivia Fraser, Frances Stanton Avery, Rhoda De Garmo, Sarah D. Fish, and Mrs. D. C. Ailing.
Secretaries.—Amelia Bloomer and Susan B. Anthony.
Resolutions.—Amy Post, Elizabeth Monroe, Rachel Van Lew.
Finance.—Susan B. Anthony, Mary H. Hallowell, H. Attilia Albro.
[94] See Appendix.
[95] See Appendix.
[96] Vice-Presidents—Mrs. Gerrit Smith, Peterboro; Mrs. E. C. Delevan, Ballston Spa; Mrs. D. C. Alling, Rochester; Lydia F. Fowler, Mrs. J. T. Coachman, Mary S. Rich, New York; Julia Clark Lewis, Oswego; Olivia Fraser, Elmira; Emily Clark, Le Roy; Mrs. A. N. Cole, Belfast; Betsy Hawks, Bethany Centre; Antoinette L. Brown, Henrietta.
Recording Secretaries—Susan B. Anthony, Rochester; Mary C. Vaughan, Oswego.
Corresponding Secretary—Amelia Bloomer, Seneca Falls.
Treasurer—Elvira Marsh, Rochester.
Executive Committee—Sarah T. Gould, Mary H. Hallowell, and Mrs. Samuel Richardson, Rochester.
[97] The Lily was a temperance paper started in Seneca Falls, N. Y., in 1849. It was owned and edited by Mrs. Amelia Bloomer. Though starting as the organ of a society, it soon became her individual property. She carried it successfully six years, her subscription list reaching 4,000. It was as pronounced on woman's rights as temperance, and did good service in both reforms. We are indebted to The Lily for most of our facts on the temperance movement in New York.
[98] Nomination—Lemira Kedzie, Lydia F. Fowler, Amy Post, Mary H. Hallowell, Frederick Douglass, Lydia Jenkins.
Business Committee—Emily Clark, W. H. Channing, Mary H. Hallowell, Rev. S. J. May, Mrs. Robie, Mrs. C. I. H. Nichols.
Finance—Susan B. Anthony, Mrs. Bloomer, H. Attilia Albro. Also, on motion, the President was added to the Business Committee.
[99] Throughout this protracted, disgraceful assault on American womanhood, the clergy baptized each new insult and act of injustice in the name of the Christian religion, and uniformly asked God's blessing on proceedings that would have put to shame an assembly of Hottentots.
[100] Vice-Presidents—Dr. Harriot K. Hunt, Mass.; Charles C. Burliegh, Ct.; Edward M. Davis, Pa.; Frances Dana Gage, Mo.; Ashby Pierce, Oregon; Rowland T. Robinson, Vt.; Melissa J. Driggs, Ind.; Thomas Garrett, Del.; Angelina Grimké Weld, N. J.; Hannah Tracy Cutler, Ill.
[101] See page [152]—Cleveland Convention—for the full description of this mob by Miss Brown herself.
[102] The Binghamton Daily Republican said: Miss Anthony vindicated her resolutions with great eloquence, spirit, and dignity, and showed herself a match, at least, in debate, for any member of the Convention. She was equal if not identical. Whatever may be thought of her notions, or sense of propriety in her bold and conspicuous positions, personally, intellectually, and socially speaking, there can be but one opinion as to her superior ability, energy, and moral courage; and she may well be regarded as an evangel and heroine by her sex; especially by the "Strong Minded" portion of them.
[103] The Daily Standard, Sept. 8th, 1852, said: The Woman's Rights Convention will assemble at the City Hall this morning. Some of the most able women of the country will be present, and the discussion can not fail to be particularly interesting.
The Daily Star, a pro-slavery paper of the most pronounced and reckless character, said: The women are coming! They flock in upon us from every quarter, all to hear and talk about Woman's Rights. The blue stockings are as thick as grasshoppers in hay-time, and mighty will be the force of "jaw-logic" and "broom-stick ethics" preached by the females of both sexes.
THE NATIONAL WOMAN'S RIGHTS CONVENTION.
The friends of equality, justice, and truth are earnestly invited to meet in Syracuse, N. Y., Sept. 8th, 9th, and 10th, 1852, to discuss the important question of "Woman's Rights." We propose to review not only the past and consider the present, but to mark out new and broader paths for the future.
The time has come for the discussion of woman's social, civil, and religious rights, and also for a thorough and efficient organization; a well-digested plan of operation whereby these social rights, for which our fathers fought, bled, and died, may be secured by us. Let woman no longer supinely endure the evils she may escape, but with her own right hand carve out for herself a higher, nobler destiny than has heretofore been hers. Inasmuch as through the folly and imbecility of woman, the race is what it is, dwarfed in mind and body; and as through her alone it can yet be redeemed, all are equally interested in the objects of this Convention.
We therefore solemnly urge those men and women who desire the elevation of humanity, to be present at the coming Convention, and aid us by their wisdom. Our platform will be free to all who are capable of discussing the subject with candor and truth. On behalf of the Central Committee,
Elizabeth Cady Stanton,
Paulina Wright Davis,
William Henry Channing,
Lucy Stone,
Samuel J. May.
[105] President.—Lucretia Mott, Philadelphia.
Vice-Presidents.—Paulina Wright Davis, Rhode Island; Caroline M. Severance, Ohio; Elizabeth Oakes Smith, New York; Clarina I. H. Nichols, Vermont; Gerrit Smith, Peterboro; Sarah L. Miller, Pennsylvania.
Secretaries.—Susan B. Anthony, Martha C. Wright, Samuel J. May, Lydia F. Fowler.
Business Committee.—Elizabeth Oakes Smith, Lucy Stone, Caroline M. Severance, Harriot K. Hunt, Jane Elizabeth Jones, James Mott, Ernestine L. Rose, Elizabeth W. Phillips, Pliny Sexton, Benjamin S. Jones.
Committee on Finance.—Rosa Smith, Joseph Savage, Caroline M. Severance.
Many earnest friends beside the officers were present and took part in the discussions; among them Amy Post, Mary and Sarah Hallowell, Catharine A. F. Stebbins, Thomas and Mary Ann McClintock, Elizabeth Smith Miller, Rev. Lydia Ann Jenkins, Rev. Antoinette L. Brown, Lydia Mott, Phebe H. Jones, Mary A. Springstead, Abby H. Price, Rev. Abraham Pryne, Eliza A. Aldrich, editor Genius of Liberty; Dr. Cutcheon, of McGrawville College; Matilda Joslyn Gage, Lydia P. Savage, Sarah Hallock, Griffith M. Cooper.
[106] See Appendix.
[107] See Pennsylvania Chapter, page [360].
[108] The Syracuse Journal said: "Miss Anthony has a capital voice and deserves to be made clerk of the Assembly."
[109] When Gerrit Smith was in Congress, elected on account of his anti-slavery principles, his power to make friends even among foes was fully illustrated. At his elegant dinners distinguished Southerners were frequent guests. Hence it was said of him that he dined with slaveholders, and would have wined with them but for his temperance principles.
[110] See Appendix.
[111] See Appendix.
[112] This noble man was among the first to append his name to the declaration of rights issued at Seneca Falls, and he did not withdraw it when the press began to ridicule the proceedings of the Convention.
[113] Rev. Mr. Hatch gave his idea of female loveliness. It consisted in that shrinking delicacy which, like the modest violet, hid itself until sought; that modesty which led women to blush, to cast down their eyes when meeting men, or walking up the aisle of a church to drop the veil; to wear long skirts, instead of imitating the sun-flower, which lifted up its head, seeming to say: "Come and admire me." He repeated the remarks made near the door on some of the speakers. The President hoped he would keep in order, and not relate the vulgar conversation of his associates. He went on in a similar strain until the indignation of the audience became universal, when he was summarily stopped.
In the midst of his remarks Miss Anthony suggested that the Reverend gentleman doubtless belonged to the pin-cushion ministry, educated by women's sowing societies! which, on inquiry, proved true. It was almost always the case that the "poor but pious" young man, who had studied his profession at the expense of women, proved most narrow and bigoted in his teachings.
[114] The Jewish.
[115] See Appendix for comments of Syracuse Star and New York Herald.
[116] This sermon was reviewed by Matilda Joslyn Gage, and a newspaper controversy between Mr. Sunderland, Mrs. Gage, and others inaugurated. For several months the press of the city was enlivened by these supplementary debates.
[117] President.—Lucretia Mott.
Vice-Presidents.—Ernestine L. Rose, New York; Paulina W. Davis, Rhode Island; Clarina I. H. Nichols, Vermont; Mary Jackson, England; Caroline M. Severance, Ohio; S. M. Booth, Wisconsin; Wm. Lloyd Garrison, Massachusetts; Mrs. J. B. Chapman, Indiana; Charlotte Hubbard, Illinois; Ruth Dugdale, Pennsylvania; C. C. Burleigh, Connecticut; Angelina G. Weld, New Jersey; Mathilde Franceska Anneké, Germany.
Secretaries.—Lydia F. Fowler, Sidney Peirce, Oliver Johnson.
Business Committee.—Lucy Stone, Antoinette L. Brown, James Mott, Harriot K. Hunt, Mariana Johnson, Lydia Mott, Wendell Phillips, Sarah Hallock, Wm. H. Channing, Ruth Dugdale, Martha J. Tilden, Ernestine L. Rose, Elizabeth Oakes Smith.
Finance Committee.—Susan B. Anthony, Lydia A. Jenkins, Edward A. Stansbury.
[118] See Appendix.
[119] Fanny Ellsler danced for the Bunker Hill monument.
[121] The Committee were: Lueretia Mott, Ernestine L. Rose, Marion C. Houghton, Lucy Stone, Caroline H. Dall, Paulina Wright Davis, Dr. Harriot K. Hunt, Mathilde Franceska Anneké, Dr. Elizabeth Blackwell.
| Elizabeth Cady Stanton, Seneca Falls; | James M'Cune Smith, New York; |
| Mary Cheney Greeley, New York; | S. G. Love, Randolph; |
| Ernestine L. Rose, New York; | Mary F. Love, Randolph; |
| Samuel J. May, Syracuse; | C. M. Crowley, Randolph; |
| George W. Jonson, Buffalo; | R. T. Trail, New York; |
| Antoinette L. Brown, South Butler; | Emily S. Trail, New York; |
| Frederick Douglass, Rochester; | Oliver Johnson, New York; |
| Hiram Corliss, Greenwich; | Mariana W. Johnson, New York; |
| Lydia A. Jenkins, Geneva; | Sydney Howard Gay, New York: |
| William H. Channing, Rochester; | Catharine E. Welling, Elmira; |
| William Hay, Saratoga Springs; | Mrs. Holbrook, Elmira; |
| Amy Post, Rochester; | H. A. Zoller, Little Falls; |
| Mary H. Hallowell, Rochester; | Stephen Haight, Dutchess County; |
| Susan B; Anthony, Rochester; | Sarah A. Burtis, Rochester; |
| William R. Hallowell, Rochester; | Lydia P. Savage, Syracuse; |
| Isaac Post, Rochester; | Lydia Mott, Albany; |
| Mary B. F. Curtis, Rochester; | J. B. Sands, Canandaigua; |
| Lemira Kedzie, Rochester; | Catharine H. Sands, Canandaigua. |
[123] Vice-Presidents.—Ernestine L. Rose, New York; S. C. Cuyler, Wayne; Amy Post, Rochester; Mary F. Love, Randolph; Amelia Bloomer, Seneca Falls; Caroline Keese, Cayuga; Griffith M. Cooper, Wayne.; Rev. Antoinette L. Brown, South Butler; Matilda Joslyn Gage, Manlius; Rev. J. W. Loguin, Syracuse; Sarah A. Burtis, Rochester; Emma R. Coe, Buffalo.
Secretaries.—Susan B. Anthony, Sarah Pellet, Wm. J. Watkins, and Sarah Willis.
Finance Committee.—Mary S. Anthony, Mary H. Hallowell, E. J. Jenkins, Lucy Colman, and Mary Cooper.
Business Committee.—Ernestine L. Rose, William Henry Channing, Antoinette L. Brown, Frederick Douglass, Amy Post, and Samuel J. Love.
[124] Mr. Hopkins further stated that, tenancy by the courtesy operates in favor of the husband, not of the wife. It is the husband's right during his life to the use of the wife's real estate from her death, in case of a child or children born of the marriage. It is defeasible now by the wife's will.—Cow. Rep. 74, 2 K. S., 4th Ed. 331. Tenancy by right of dower is the wife's right during her life to the use of one-third of the husband's real estate from his death. It operates in favor of the wife and not in favor of the husband, and is indefeasible by the husband's will or the husband's acts while living, and does not depend upon the birth of a child by the marriage.
The order of distribution of the husband's personal property on his death is as follows, viz.: 1st, the widow of a family takes articles exempt from execution as hers, also $150 worth of property besides. 2d, she has one-third of the personal property, absolutely—if there be no children, one-half, and if there be no parent or descendant, she is entitled, of the residue, to $2,000, and if also no brother, sister, nephew, or niece, all the residue. This order may be varied or defeated by his will.
The order of distribution of the wife's personal property on her death without will is as follows: It goes, after paying her debts, to her husband, if living; if not, then 1st, to her children, 2d to her father, 3d to her mother, 4th to her collateral relatives. This order may be varied or defeated by her will. She may devise it as she may please.
His property before marriage continues his after marriage, subject to her inchoate rights of dower.
Her property before marriage continues hers absolutely.
Upon marriage he is liable to support her, and may be compelled to do it if he prove refractory.
She is not liable to support him, however wealthy she may be, or poor he may be.
He is liable to support the children. She is not so liable, though possessed of millions.
The husband is the guardian of the wife, as against third persons. (Page 488). But he has no power to preserve, retain, or regain the custody of her against her will. (Page 47).
He may maintain his action against third persons for enticing her away or harboring her. But this harboring, to be actionable, must be more than a mere permission to her to stay with such third person. (4 Barb. 225).
If the husband seek to take away his wife by force, it is an assault and battery upon her. If a third person, resists such force at her request he is not liable to any action. (Barb. 156).
The wife is not the husband's guardian, but if he will desert her he may be put under bonds for her support and the support of her children by him. (2 Rev. Stat., 4th Ed., pp. 53, 54).
The husband is liable for the debts of the wife contracted before marriage, but only now to the extent of her property received by him. (7 W. R. 237, 1st Chitty Pl., 66 to 68, laws of 1853). And he is liable for her debts contracted during marriage, if permitted by him, or if for necessaries which he neglected to provide.
The wife is not liable for her husband's debts contracted at any time.
The law casts the custody of the minor children upon the father and not upon the mother. But if this custody is abused, it is by the Court to the mother.
The father may appoint a guardian for his infant children. (2 Rev. Stat. 33.) But the Court will not allow such guardian to take the children out of the State against the mother's will, much less to separate them unjustly from the mother even though the father's will command it. (5, page 596).
During the separation of husband and wife, it is for the court now to decide, under the circumstances of each case, whether father or mother has such custody. (2 R. S. 330, 332).
When both seek such custody, and both are equally qualified for it, that of daughters and young children is usually given to the mother, and that of the sons to the father, but this is in the discretion of the Court.
The earnings of the husband are his. The earnings of the wife are his, if she live with him and he support her.
But he can not compel her to work for him. And if she separate from him for cause, he may be restrained for intermeddling with her earnings.
The husband's abandonment and his refusal or neglect to provide for her, are good causes of separation. (2 R. S. 329, sec. 53, sub. 3).
For the husband's torts the wife is not liable. For the wife's torts, committed by her before marriage or during marriage the husband is liable jointly with the wife. If committed by the wife and husband, or committed by the wife in his presence and without objecting, the husband is liable alone. (1 Chitty Pl., 105, 7th American edition). Nay, even felonies (excepting murder, manslaughter, treason, and robbery), are excusable in the wife if committed in the husband's presence and by his coercion—and such coercion is presumed from his presence. For this he must suffer and she must be spared. (Barb. Crim. Law, 247 and 348, and cases there cited).
In actions or lawsuits between men and women, the law in theory claims to be impartial, but in practice it has not been impartial. Before a Court of male judges or a jury of men the bias is in favor of the woman; and if she is pleasing, in person and manners, such bias is sometimes pretty strong.
If the man and woman between whom litigation arises are husband and wife, the Court may accord an allowance to be advanced by her husband, to enable her to defray the expenses of the litigation.
[125] Woman's Rights.—Circulate the Petitions.—The design of the Convention held last week in Rochester, was to bring the subject of Woman's legal and civil disabilities, in a dignified form, before the Legislature of New York. Convinced, as the friends of the movement are, that in consistency with the principles of Republicanism, females, equally with males, are entitled to Freedom, Representation, and Suffrage, and confident as they are that woman's influence will be found to be as refining and elevating in public as all experience proves it to be in private, they claim that one-half of the people and citizens of New York should no longer be governed by the other half, without consent asked and given. Encouraged by reforms already made, in the barbarous usages of common law, by the statutes of New York, the advocates of woman's just and equal rights demand that this work of reform be carried on, until every vestige of partiality is removed. It is proposed, in a carefully prepared address to specify the remaining legal disabilities from which the women of this State suffer; and a hearing is asked before a joint committee of both Houses, specially empowered to revise and amend the statutes. Now is this movement right in principle? Is it wise in policy? Should the females of New York be placed on a level of equality with males before the law? If so, let us petition for impartial justice to Women. In order to ensure this equal justice should the females of New York, like the males, have a voice in appointing the law-makers and law-administrators? If so let us petition for Woman's right to Suffrage. Finally, what candid man will be opposed to a reference of the whole subject to the Representatives of New York, whom the men of New York themselves elected. Let us then petition for a hearing before the Legislature. A word more, as to the petitions, given below. They are two in number; one for the Just and Equal Rights of Woman; one for Woman's Right to Suffrage. It is designed that they should be signed by men and women, of lawful age—that is, of twenty-one years and upwards. The following directions are suggested: 1. Let persons, ready and willing, sign each of the petitions; but let not those, who desire to secure Woman's Just and Equal Rights, hesitate to sign that petition because they have doubts as to the right or expediency of women's voting. The petitions will be kept separate, and offered separately. All fair-minded persons, of either sex, ought to sign the first petition. We trust that many thousands are prepared to sign the second also. 2. In obtaining signatures, let men sign in one column, and women in another parallel column. 3. Let the name of the town and county, together with the number of signatures, be distinctly entered on the petitions before they are returned. 4. Let every person, man or woman, interested in this movement, instantly and energetically circulate the petitions in their respective neighborhoods. We must send in the name of every person in the State, who desires full justice to woman, so far as it is possible. Up then, friends, and be doing, to-day. 5. Let no person sign either petition but once. As many persons will circulate petitions in the same town and county, it is important to guard against this possible abuse. 6. Finally, let every petition be returned to Rochester, directed to the Secretary of the Convention, Susan B. Anthony, on the first of February, without fail. In behalf of the Business Committee.
William Henry Channing.
Rochester, Dec. 8, 1853.
Petition for the Just and Equal Rights of Women.—The Legislature of the State of New York have, by the Acts of 1848 and 1849, testified the purpose of the people of this State to place married women on an equality with married men, in regard to the holding, conveying, and devising of real and personal property. We, therefore, the undersigned petitioners, inhabitants of the State of New York, male and female, having attained to the legal majority, believing that women, alike married and single, do still suffer under many and grievous legal disabilities, do earnestly request the Senate and Assembly of the State of New York to appoint a Joint Committee of both Houses, to revise the Statutes of New York, and to propose such amendments as will fully establish the legal equality of women with men; and we hereby ask a hearing before such Committee by our accredited Representatives.
Petition for Woman's Right to Suffrage.—Whereas, according to the Declaration of our National Independence, governments derive their just powers from the consent of the governed, we earnestly request the Legislature of New York to propose to the people of the State such amendments of the Constitution of the State as will secure to females an equal right to the Elective Franchise with males; and we hereby ask a hearing before the Legislature by our accredited Representatives.
N. B.—Editors throughout the State in favor of this movement are respectfully requested to publish this address and the petitions.
[126] President.—Elizabeth Cady Stanton.
Vice-Presidents.—Rev. S. J. May, Ernestine L. Rose, New York; Hon. William Hay Saratoga; William H. Topp, Albany; Lydia A. Jenkins, Geneva; Lydia Mott, Albany; Mary F. Love, Randolph.
Business Committee.—Rev. Antoinette L. Brown, South Butler; W. H. Channing, Rochester; Mrs. Catherine A. F. Stebbins, Mrs. Phebe H. Jones, Troy.
Secretaries.—Susan B. Anthony, Sarah Pellet.
Finance Committee.—Mary S. Anthony, Rochester; Anna W. Anthony, Cayuga.
[127] An Act Relative to the Rights of Married Women:—The People of the State of New York, represented in Senate and Assembly, do enact as follows:
1. Any married woman whose husband, from drunkenness, profligacy, or any other cause, shall neglect and refuse to provide for her support and education, or the support and education of her children, and any married woman who may be deserted by her husband, shall have the right, by her own name, to receive and collect her own earnings, and apply the same for her own support, and the support and education of her children, free from the control and interference of her husband, or from any person claiming to be released from the same by and through her husband.
2. Hereafter it shall be necessary to the validity of any indenture of apprenticeship executed by the father, that the mother of such child, if she be living, shall, in writing, consent to such indentures; nor shall any appointment of a general guardian of the person of a child by the father be valid, unless the mother of such child, if she be living, shall, in writing, consent to such appointment.
[128] See Appendix.
[129] Ernestine L. Rose, Francis D. Gage, Hannah Tracy Cutler, Lucy N. Coleman, Antoinette L. Brown, Matilda Joslyn Gage, Marietta Richmond, Sarah Pellet, Carrie D. Filkins, Lydia A. Jenkins, Susan B. Anthony, dividing their time and forces, held conventions in nearly every county of the State, traversing some new section each year. In 1859, Miss Anthony and Miss Brown made a successful tour of the fashionable resorts and the northern counties. All this work the State Committee assigned to its General Agent, giving her all honor and power, without providing one dollar. But Miss Anthony with rare executive ability, accomplished the work and paid all expenses.—E. C. S.
[130] It is pleasant to record that a few years later Mr. Beecher's vision was clear on the whole question, and he was often found on the woman's rights platform, not only speaking himself, but his sister, Mrs. Isabella Beecher Hooker, also. On one occasion he conducted Miss Kate Field to the platform in Plymouth Church as gracefully as he ever handed a lady out to dinner, introduced her to the audience, and presided during her address. Sitting there he seemed to feel as much at his ease as if Col. Robert G. Ingersoll had been the speaker.
[131] As this meeting was hastily decided upon, there was no call issued; it was merely noticed in the county papers. The Saratoga Whig, August 18, 1854, says:
Women's Rights.—The series of conventions that have been holding sessions in the village during the week, will close this day with a meeting for the discussion of the social, legal, and political rights of women, at which Miss Susan B. Anthony, Mrs. Matilda Joslyn Gage, and Miss Sarah Pellet will appear. The meetings will be held at St. Nicholas Hall this afternoon at 3 and a half o'clock, and in the evening at 8 o'clock.
[132] Any one but the indomitable Susan B. Anthony would have abandoned all idea of a meeting, but, as it was advertised, she felt bound to make it a fact. This decision may seem the more remarkable in view of other facts, that Miss Anthony had but little experience as a speaker, and was fully aware of her deficiencies in that line; her forte lay in planning conventions, raising money, marshalling the forces, and smoothing the paths for others to go forward, make the speeches, and get the glory. Having listened in St. Nicholas Hall for several days to some of the finest orators in the country, it was with great trepidation that she resolved to attempt to hold such audiences as had crowded all the meetings during the week, and would no doubt continue to do so. However, she had one written speech, which she decided to divide, giving the industrial disabilities of women in the afternoon, and their political rights in the evening, supplementing each with whatever extemporaneous observations might strike her mind as she proceeded. With Mrs. Gage to speak at one session and Miss Pellet at the other, Miss Anthony rounded out both meetings to the general satisfaction. It was thus she always stood ready for every emergency; when nobody else would or could speak she did; when everybody wished to speak she was silent.—E. C. S.
[133] The Daily Saratogian. August 19th, said: Mrs. Matilda Joslyn Gage, a medium-sized, lady-like looking woman, dressed in a tasty plum-colored silk with two flounces, made the first address upon some of the defects in the marriage laws, quoting Story, Kent, and Blackstone. She closed by speaking of Mrs. Marcet, an able writer on political economy, her book much used in schools. She referred to Miss Pinckney, of South Carolina, who in nullification times, wrote powerfully on that subject. It was said that party was consolidated by the nib of a lady's pen. She was the first woman in the United States who was honored with a public funeral.
[134] President.—Martha C. Wright, of Auburn.
Vice-Presidents.—Rev. Samuel J. May, Syracuse; Lydia Mott, Albany; Ernestine L. Rose, New York; Antoinette L. Brown, New York; Susan B. Anthony, Rochester; Augusta A. Wiggins, Saratoga Springs.
Secretaries.—Emily Jaques, Nassau; Aaron M. Powell, Ghent; Mary L. Booth, Williamsburgh.
Finance Committee.—Susan B. Anthony, Marietta Richmond, Mary S. Anthony, Phebe H. Jones.
Business Committee.—Antoinette L. Brown, Ernestine L. Rose, T. W. Higginson, Charles F. Hovey, of Boston; Phebe Merritt, of Michigan; Hon. William Hay, of Saratoga Springs.
[135] Now the successful editor of Harper's Bazar.
[136] This year Miss Anthony canvassed the State, holding conventions in fifty-four counties, organizing societies, getting signatures to petitions, and subscribers to The Una. At some of these meetings Mrs. Rose, Miss Brown, and Miss Filkins assisted by turn, but the chief part she carried through alone. She had posters for the entire State printed in Rochester, her father, brother Merritt, and Mary Luther folding and superscribing to all the postmasters and the sheriff of every county. The sheriffs, with but few exceptions, opened the Court Houses for the meetings, posted the bills, and attended to the advertising. Miss Anthony entered on this work without the pledge of a dollar. But with free meetings and collections in the afternoon, and a shilling admission in the evening, she managed to cover the entire expenses of the campaign.
Women's Rights Petition.
To the Honorable, the Senate and Assembly of the State of New York:
Whereas, the women of the State of New York are recognized as citizens by the Constitution, and yet are disfranchised on account of sex; we do respectfully demand the right of suffrage; a right which involves all other rights of citizenship, and which can not be justly withheld, when we consider the admitted principles of popular government, among which are the following:
1st. That all men are born free and equal.
2d. That government derives its just powers from the consent of the governed.
3d. That taxation and representation should go together.
4th. That those held amenable to laws should have a share in framing them.
We do, therefore, petition that you will take the necessary steps so to revise the Constitution of our State, as that all her citizens may enjoy equal political privileges.
[138] The committee were Susan B. Anthony, Ernestine L. Rose, Antoinette L. Brown, Elizabeth Cady Stanton, Martha C. Wright, Lydia Mott.
[139] At the close of this Convention, Charles F. Hovey, as was his usual custom, planned an excursion for those who had taken part in the meetings. He invited them to take a drive to the lake, a few miles out of Saratoga, gave them a bountiful repast, and together they spent a day rich in pleasant memories. Listening day after day to the wrongs perpetrated on woman by law and Gospel of man's creation, Mr. Hovey always seemed to feel that he was in duty bound to throw what sunshine and happiness he could into the lives of women, and thus in a measure atone for the injustice of his sex, and most royally he did this whenever an opportunity offered, not only while he lived, but by bequests at his death.
[140] Twenty years after this Mrs. Stanton met a lady in Texas, who told her about this Saratoga Convention. She said her attention was first called to the subject of woman's rights by some tracts a friend of hers, then living in Georgia, brought home at that time, and that we could form but little idea of the intense interest with which they were read and discussed by quite a circle of ladies, who plied her aunt with innumerable questions about the Convention and the appearance and manners of the ladies who led the movement.
[141] It is now over forty years that the various branches of the Hutchinson family have been singing the liberal ideas of their day on the anti-slavery, temperance, and Woman's Rights platforms, and they are singing still (1881) with the infusion of some new blood in the second and third generation. Only one year ago traveling in Kansas, on a dreary night train, with no sleeping car attached, I had worried through the weary hours until three o'clock in the morning, when the cars stopped at Fort Scott. I was slowly pacing up and down the aisle, when in came Asa Hutchinson, violin in hand, and a troop of boys and girls behind him. There we stood face to face, both well on the shady side of sixty-five, our locks as white as snow, each thinking the other was too old for such hard journeys, he still singing, I still preaching "equal rights to all." "Well," said I, "Asa, this is a very unchristian hour for you to be skylarking over the prairies of Kansas." "Ah!" said he, dolorously, "this is no skylarking; we sung last night until near eleven o'clock, shook hands, and talked until twelve; arose about two, waited an hour at a cold depot, and we all feel as cross as bears." "I can sympathize with you," I replied; "I spent the hours until twelve as you did, entertaining my countrymen and women, and have been trying to rest ever since." In talking over old times until the day dawned we forgot our fatigue, and as I left the cars they gave me a parting salute with the "good time coming." How well I remember the power of the young Hutchinsons in the old mob days; four brothers and one sister standing side by side on the platform in Faneuil Hall, Boston. So hated were the Abolitionists and their doctrines, that not even Wendell Phillips or Abby Kelly could get a hearing, but when the sweet singers from the old Granite State came forward silence reigned, to be broken, however, the moment the last notes of harmony died upon their lips. E. C. S.
[142] Saratoga, Niagara, and Trenton Falls; Clifton, Avon, Sharon, and Ballston Springs, Lake George, etc. In making the tour In 1859, Miss Brown and Miss Anthony had some recherché out-door meetings in the groves of Clifton and Trenton that were highly praised by the press and the people, and in the long summer days most charming to themselves.
[143] The speakers were Samuel J. May, Ernestine L. Rose, Antoinette L. Brown, Carrie D. Filkins, Lydia A. Jenkins, Aaron M. Powell, Hon. Wm. Hay, Susan B. Anthony.
[144] If the intestate be a married man living, and having lived with his wife daring marriage, or if the intestate be a married woman living or having lived with her husband during marriage, and shall die without lawful descendants, born or to be born of such marriage, or a prior marriage, the inheritance shall descend to the surviving husband or wife, as the case may be, during his or her natural life, whether the inheritance came to the intestate on the part of the mother or father or otherwise.
[145] President.—Lucy Stone.
Vice-Presidents.—Lucretia Mott, of Pennsylvania; Elizabeth Jones, of Ohio; Rev. T. W. Higginson, of Massachusetts; Cornelia Moore, of New Jersey; A. Bronson Alcott, of New Hampshire; Sarah H. Hallock, of New York.
Secretaries.—Martha C. Wright, of New York; Oliver Johnson, of New York; Henrietta Johnson, of New Jersey.
Business Committee.—Ernestine L. Rose, Susan B. Anthony, Wendell Phillips, James Mott, Mariana Johnson, T. W. Higginson, William Green, Jr.
Treasurer.—Wendell Phillips.
Finance.—Susan B. Anthony.
[146] At the close of chapter on Indiana, p. [315].
[147] John C. Fremont's campaign.
[148] Mrs. Jessie Benton Fremont.
[149] 1. Resolved, That the close of a Presidential election affords a peculiarly appropriate occasion to renew the demands of woman for a consistent application of Democratic principles.
2. Resolved, That the Republican Party, appealing constantly, through its orators, to female sympathy, and using for its most popular rallying cry a female name, is peculiarly pledged by consistency, to do justice hereafter in those States where it holds control.
3. Resolved, That the Democratic Party must be utterly false to its name and professed principles, or else must extend their application to both halves of the human race.
4. Resolved, That the present uncertain and inconsistent position of woman in our community, not fully recognized either as a slave or as an equal, taxed but not represented, authorized to earn property but not free to control it, permitted to prepare papers for scientific bodies but not to read them, urged to form political opinions but not allowed to vote upon them, all marks a transitional period in human history which can not long endure.
5. Resolved, That the main power of the woman's rights movement lies in this: that while always demanding for woman better education, better employment, and better laws, it has kept steadily in view the one cardinal demand for the right of suffrage; in a democracy the symbol and guarantee of all other rights.
6. Resolved, That the monopoly of the elective franchise, and thereby all the powers of legislative government by man, solely on the ground of sex, is a usurpation, condemned alike by reason and common-sense, subversive of all the principles of justice, oppressive and demoralizing in its operation, and insulting to the dignity of human nature.
7. Resolved, That while the constant progress of law, education, and industry prove that our efforts for women in these respects are not wasted, we yet proclaim ourselves unsatisfied, and are only encouraged to renewed efforts, until the whole be gained.
[150] During the struggle to extend slavery into that free State.
[151] Jeannette Brown Heath, daughter of Nathan Brown, of Montgomery County, New York. She traveled with Abby Kelly at one time as a companion. Jeannette was a famous horsewoman; the young ladies of the county thought themselves well off when they could purchase a steed that she had trained for the saddle. I remember many an escapade in my youth on a full-blooded black horse from Jeannette's equery, as I lived in her neighborhood; she is now residing with two sons and one daughter in Rochester, N. Y., enjoying the needed rest after such an eventful life.—E. C. S.
[152] She gave $100,000 to the Observatory in Albany.
Extracts From The Will Of The Late Charles F. Hovey, Esq.
Article 16. After setting aside sufficient funds to pay all legacies and bequests herein made, I direct my said Trustees to hold all the rest and residue of my estate, real, personal and mixed, in special trust for the following purposes, namely; to pay over, out of the Interest and principal of said special trust, a sum of not less than eight thousand dollars annually, until the same be all exhausted, to said Wendell Phillips, William Lloyd Garrison, Stephen S. Foster, Abby K. Foster, Parker Pillsbury, Henry C. Wright, Francis Jackson and Charles K. Whipple, and their survivors and survivor, for them to use and expend, at their discretion, without any responsibility to any one, for promotion of the Anti-Slavery cause and other reforms, such as Woman's Rights, Non-Resistance, Free Trade and Temperance, at their discretion; and I request said Wendell Phillips and his said associates to expend not less than eight thousand dollars annually, by the preparation and circulation of books, newspapers, employing agents, and the delivery of lectures that will, in their judgment, change public opinion, and secure the abolition of Slavery in the United States, and promote said other reforms. Believing that the chain upon four millions of slaves, with tyrants at one end and hypocrites at the other, has become the strongest bond of the Union of the States, I desire said Phillips and his associates to expend said bequest by employing such agents as believe and practice the doctrine, of "No union with slaveholders, religiously or politically"; and by circulating such publications as tend to destroy every pro-slavery institution.
Article 17. In case chattel slavery should be abolished in the United States before the expenditure of the said residue of my estate, as stated in said sixteenth article of this Will; then, in that case, I desire that the unexpended part of said residue be applied by said Phillips and his associates, in equal proportions, for the promotion of Non-Resistance, Woman's Rights and Free Trade; requesting that no agents be employed by them for the promotion of said causes, except such as believe it wrong to have any voluntary connection with any government of violence, and such as believe that the natural rights of men and women are equal. Whether slavery be abolished or not, I desire that a part of the said residue of my estate may be applied to the promotion of the kindred causes of Temperance, Woman's Rights, Non-Resistance and Free Trade, at the discretion of the said Phillips and his associates.
Article 22. I particularly request that no prayers be solicited from any person, and that no priest be invited to perform any ceremony whatever, over or after my body. The Priesthood are an order of men, as I believe, falsely assuming to be reverend and divine, pretending to be called of God; the great body of them in all countries have been on the side of power and oppression; the world has been too long cheated by them; the sooner they are unmasked, the better for humanity. As I have heretofore borne my testimony against slavery, intemperance, war, tariffs and all indirect taxation, banks and all monopolies, I desire to leave on record my abhorrence of them all. The fear of being buried before I am dead is slight, nevertheless it is greater than the fear of death itself. I therefore request my executors not to bury my body until at least three days after my decease. In witness whereof, I have hereto set my hand and seal, this twenty-eighth day of March, in the year eighteen hundred and fifty-nine.
CHARLES F. HOVEY.
Signed, sealed, published and declared by the said Testator to be his last Will and Testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have hereto subscribed our names as witnesses.
George L. Lovett.
Thomas Mack.
William W. Howe.
I do prove, approve and allow the same, and order it to be recorded. Given under my hand and seal of office, the day and year above written.
Isaac Ames,
Judge of Probate and Insolvency.
May 30, 1859.
[154] George William Curtis, Mrs. Eliza W. Farnham, Parker Pillsbury, Sarah Hallock, Mrs. Sidney Howard Gay, Sarah M. Grimké, Charles Lenox Remond, Lucy A. Coleman, Sarah P. Remond, and the Hutchinson family, consisting of Jessie, his wife, and two children, and Abby, who sung among many other sweet ballads, "The Good Time Coming."
[155] Frederick Douglas, Thomas Wentworth Higginson, Ernestine L. Rose, Lucretia Mott, Frances Dana Gage, Wendell Phillips, Wm. Lloyd Garrison, Oliver Johnson, Susan B. Anthony, Caroline H. Dall, Lucy Stone, Antoinette Brown, Aaron M. Powell.
[156] Eliza Farnham was in many respects a remarkable woman. As matron of the Sing Sing prison at one time, she introduced many humane improvements in the occupation and discipline of the women under her charge. She had a piano in the corridor, and with sweet music touched the tender chords in their souls. Instead of tracts on hell-fire and an angry God, she read aloud to them from Dickens' most touching stories. In every way, assisted by Mariana Johnson and Georgiana Bruce, she treated them as women, and not as criminals.
[157] Wendell Phillips, Elizabeth Cady Stanton, Caroline H. Dall, Caroline M. Severance, Ernestine L. Rose, Antoinette Brown Blackwell, Thomas W. Higginson, Susan B. Anthony.
[158] Resolved, That while every newspaper in the land carries on its face the record of woman's dishonor, the women who seek to elevate their sex are bound to inquire into its causes and save from its paralysis.
Resolved, That while we have no daughters too tender and pure, no sons too innocent, to escape from the influence of such tragedies as those at North Adams and Washington, the true modesty of every mother, the true dignity of every wife, should forbid her to put aside the questions they involve.
Resolved, That the dishonor of single women proceeds in great measure from destitution, and the dishonor of married women as much from their own want of education and utter absence of purpose in life as from the inability of their husbands to inspire them with true respect and help them to true living: therefore,
Resolved, That it is our bounden duty to open, in every possible way, new vocations to women, to raise their wages by every advisable means, and to secure to them an education which shall be less a decoration to their persons than a tool to their hands.
Resolved, That while courts adjourn in honor of a man like Philip Barton Key, while the whole Bar of the District of Columbia pass resolutions in his honor, and vote to attend his funeral, as a mark of respect, while the public opinion of a whole community sustains a man who could not defend his murderous indignation by the witness of an unspotted life, it is our duty to rate public opinion as a corrupting power, and to bring up our children in the knowledge and sanction of a higher law.
Form of Petition.
To the Senate and Assembly of the Slate of New York:
The undersigned, citizens of ——, New York, respectfully ask that you will take measures to submit to the people an amendment of the Constitution, allowing women to vote and hold office. And that you will enact laws securing to married women the full and entire control of all property originally belonging to them, and of their earnings during marriage; and making the rights of the wife over the children the same as a husband enjoys, and the rights of a widow, as to her children, and as to the property left by her husband, the same that a husband has in the property and over the children of his deceased wife.
[160] Lydia Mott, in writing to a friend, says: "I have heard but one opinion about the merits of the address and the manner of its delivery, and the press is very complimentary. It was better that one like Mrs. Stanton should speak on the occasion than two, unless the other might have been Wendell Phillips. Mr. Mayo expressed himself thoroughly satisfied; the whole effect was grand. Even old Father Woolworth stood the whole time, and very often he would nod assent at certain points. The House was packed, but so still that not one word was lost. It was worth as much to our cause as our whole Convention, though we could not have spared either."
AN ACT
concerning the rights and liabilities of husband and wife.
Passed March 20, 1860.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The property, both real and personal, which any married woman now owns, as her sole and separate property; that which comes to her by descent, devise, bequest, gift, or grant; that which she acquires by her trade, business, labor, or services, carried on or performed on her sole or separate account; that which a woman married in this State owns at the time of her marriage, and the rents, issues, and proceeds of all such property, shall notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected, and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts, except such debts as may have been contracted for the support of herself or her children, by her as his agent.
§ 2. A married woman may bargain, sell, assign, and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used or invested by her in her own name.
§ 3. Any married woman possessed of real estate as her separate property may bargain, sell, and convey such property, and enter into any contract in reference to the same; but no such conveyance or contract shall be valid without the assent, in writing, of her husband, except as hereinafter provided.
§ 4. In case any married woman possessed of separate real property, as aforesaid, may desire to sell or convey the same, or to make any contract in relation thereto, and shall be unable to procure the assent of her husband as in the preceding section provided, in consequence of his refusal, absence, insanity, or other disability, such married woman may apply to the County Court in the county where she shall at the time reside, for leave to make such sale, conveyance, or contract, without the assent of her husband.
§ 5. Such application may be made by petition, verified by her, and setting forth the grounds of such application. If the husband be a resident of the county and not under disability from insanity or other cause, a copy of said petition shall be served upon him, with a notice of the time when the same will be presented to the said court, at least ten days before such application. In all other cases, the County Court to which such application shall be made, shall, in its discretion, determine whether any notice shall be given, and if any, the mode and manner of giving it.
§ 6. If it shall satisfactorily appear to such court, upon application, that the husband of such applicant has willfully abandoned his said wife, and lives separate and apart from her, or that he is insane, or imprisoned as a convict in any state prison, or that he is an habitual drunkard, or that he is in any way disabled from making a contract, or that he refuses to give his consent without good cause therefor, then such court shall cause an order to be entered upon its records, authorizing such married woman to sell and convey her real estate, or contract in regard thereto without the assent of her husband, with the same effect as though such conveyance or contract had been made with his assent.
§ 7. Any married woman may, while married, sue and be sued in all matters having relation to her property, which may be her sole and separate property, or which may hereafter come to her by descent, devise, bequest, or the gift of any person except her husband, in the same manner as if she were sole. And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement of any such action, or recovered upon a judgment, shall be her sole and separate property.
§ 8. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, or gift of any person except her husband, and no bargain or contract entered into by any married woman in or about the carrying on of any trade or business under the statutes of this State, shall be binding upon her husband, or render him or his property in any way liable therefor.
§ 9. Every married woman is hereby constituted and declared to be the joint guardian of her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband.
§ 10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess, and enjoy a life estate in one-third of all the real estate of which the husband or wife died seized.
§ 11. At the decease of the husband or wife intestate, leaving minor child or children, the survivor shall hold, possess, and enjoy all the real estate of which the husband or wife died seized, and all the rents, issues, and profits thereof during the minority of the youngest child, and one-third thereof during his or her natural life.
[162] On the final passage of the bill the following Senators, as The Journal shows, voted in favor of the measure, viz: Senators Abell, Bell, Colvin, Conally, Fiero, Goss, Hillhouse, Kelly, Lapham, Sessions, Manierre, Montgomery, Munroe, P. P. Murphy, Truman, Prosser, Ramsey, Robertson, Rotch, Warner, Williams—21.
[163] President.—Martha Wright, of Auburn, New York.
Vice-Presidents.—Abby Hopper Gibbons, of New York; Asa Fairbanks, of Rhode Island; Rev. Antoinette Brown Blackwell, of New Jersey; Thomas Garrett, of Delaware; Wendell Phillips, of Massachusetts; Robert Purvis, of Pennsylvania; J. Elizabeth Jones, of Ohio; Giles B. Stebbins, of Michigan.
Secretaries.—Ellen Wright and Mary L. Booth.
Finance Committee.—Susan B. Anthony, Lucy N. Colman, and Marietta Richmond.
Business Committee.—Ernestine L. Rose, A. L. B. Blackwell, Wm. Lloyd Garrison, E. Cady Stanton, Mary Grew, and Wendell Phillips.
[164] In the Scotch Presbyterian Church at Johnstown, N. Y., there was great excitement at one time on the question of temperance, the pastor being a very active friend to that movement. The opposition were determined to get rid of him, and called a church meeting for that purpose. To the surprise of the leading men of the congregation, the women came in force, armed with ballots, to defeat their proposed measures. When the time came to vote, according to arrangement, my mother headed the line marching up to the altar, where stood the deacon, hat in hand, to receive the ballots. As soon as he saw the women coming, he retreated behind the railing in the altar, closing the little door after him, which the women deliberately opened, and soon filled the space, completely surrounding the inspector of election, and, whichever way he turned, the ballots were thrown into the hat; and, when all had voted, my mother put her hand into the hat and stirred them up with the men's votes, so that it would be impossible to separate them. The pastor, representing the interests of temperance, had a large majority for his retention. But the men declared the election void because of the illegal voting, and, barricading the women out, with closed doors, voted their own measures the next day. Rev. Jeremiah Wood presided on the occasion, and whilst the women were contending for their rights under the very shadow of the altar, he recited various Scriptural texts on woman's sphere, to which these rebellious ones paid not the slightest attention. One dignified Scotch matron, looking him steadily in the face, indignant, at the behavior of the men, said with sternness and emphasis: "I protest against such high-handed proceedings." The result of this outbreak, was a decree by the Judicature of the Church, "that the women of the congregation should have the right to vote in all business matters," which they have most judiciously done ever since. E. C. S.
[165] Frances D. Gage, Hannah Tracy Cutler, J. Elizabeth Jones, Antoinette Brown Blackwell, Lucy N. Colman, and Susan B. Anthony.
[166] Mrs. Roberts and her daughters in Niagara County.
[167] Resolved, That inasmuch as man, in the progress of his development, found that at each advancing step new wants demanded new rights, and naturally walked out of those places, customs, creeds, and laws that in any way crippled and trammeled his freedom of thought, word, or action, it is his duty to stand aside and leave to woman the same rights—to grow up into whatever the laws of her being demand.
Resolved, That inasmuch as on woman are imposed by her Creator the duties of self-support and self-defense, and by government the responsibilities of taxation and penalties of violated law, she should be protected in her natural, inalienable rights, and secured in all the privileges of citizenship.
Resolved, That we demand a full recognition of our equal rights, civil and political—no special legislation can satisfy us—the enjoyment of a right to-day is no security that it will be continued to-morrow, so long as it is granted to us by a privileged class, and not secured to us as a sacred right.
Whereas, the essence of republican liberty is the principle that no class shall depend for its rights on the mercy or justice of any other class, therefore,
Resolved, That woman demands her right to the jury-box and the ballot, that she may have, as man has, the means of her own protection in her own hands.
Resolved, That woman, in consenting to remain in any organization or church where she has no voice in the choice of officers, trustees, or pastor—no right of protest against false doctrines or action—is wanting in a proper self-respect, in that dignity which, as a philanthropist and a Christian, she should ever manifest.
Resolved, That we from this platform instruct our legal representatives to make no more appropriations to colleges for boys exclusively. Now that we are large property holders and tax-payers, we protest against the injustice of being compelled to build and endow colleges into which we are forbidden to enter.
Resolved, That we advise women to apply to the trustees and heads of public libraries, galleries of art, and similar institutions, for employment as clerks and attendants, thus securing to themselves, when admitted, a more liberal means of support, and furnishing a stepping-stone to other occupations.
Resolved, That we return thanks to the Legislature of New York for its acts of justice to woman during the last session. But the work is not yet done. We still claim the ballot, the right of trial by a jury of our own peers, the control and custody of our persons in marriage, and an equal right to the joint earnings of the co-partnership. The geographical position and political power of New York make her example supreme; hence we feel assured that when she is right on this question, our work is done.
[168] 1. Resolved, That, in the language (slightly varied) of John Milton, "Those who marry intend as little to conspire their own ruin, as those who swear allegiance, and as a whole people is to an ill government, so is one man or woman to an ill marriage. If a whole people, against any authority, covenant, or statute, may, by the sovereign edict of charity, save not only their lives, but honest liberties, from unworthy bondage, as well may a married party, against any private covenant, which he or she never entered, to his or her mischief, be redeemed from unsupportable disturbances, to honest peace and just contentment."
2. Resolved, That all men are created equal, and all women, in their natural rights, are the equals of men, and endowed by their Creator with the same inalienable right to the pursuit of happiness.
3. Resolved, That any constitution, compact, or covenant between human beings, that failed to produce or promote human happiness, could not, in the nature of things, be of any force or authority; and it would be not only a right, but a duty, to abolish it.
4. Resolved, That though marriage be in itself divinely founded, and is fortified as an institution by innumerable analogies in the whole kingdom of universal nature, still, a true marriage is only known by its results; and, like the fountain, if pure, will reveal only pure manifestations. Nor need it ever be said, "What God hath joined together, let no man put asunder," for man could not put it asunder; nor can he any more unite what God and nature have not joined together.
5. Resolved, That of all insulting mockeries of heavenly truth and holy law, none can be greater than that physical impotency is cause sufficient for divorce, while no amount of mental or moral or spiritual imbecility is ever to be pleaded in support of such a demand.
6. Resolved, That such a law was worthy those dark periods when marriage was held by the greatest doctors and priests of the Church to be a work of the flesh only, and almost, if not altogether, a defilement; denied wholly to the clergy, and a second time, forbidden to all.
7. Resolved, That an unfortunate or ill-assorted marriage is ever a calamity, but not ever, perhaps never, a crime—and when society or government, by its laws or customs, compels its continuance, always to the grief of one of the parties, and the actual loss and damage of both, it usurps an authority never delegated to man, nor exercised by God himself.
8. Resolved, That observation and experience daily show how incompetent are men, as individuals, or as governments, to select partners in business, teachers for their children, ministers of their religion, or makers, adjudicators, or administrators of their laws; and as the same weakness and blindness must attend in the selection of matrimonial partners, the dictates of humanity and common sense alike show that the latter and most important contract should no more be perpetual than either or all of the former.
9. Resolved, That children born in these unhappy and unhallowed connections are, in the most solemn sense, of unlawful birth—the fruit of lust, but not of love—and so not of God, divinely descended, but from beneath, whence proceed all manner of evil and uncleanliness.
10. Resolved, That next to the calamity of such a birth to the child, is the misfortune of being trained in the atmosphere of a household where love is not the law, but where discord and bitterness abound; stamping their demoniac features on the moral nature, with all their odious peculiarities—thus continuing the race in a weakness and depravity that must be a sure precursor of its ruin, as a just penalty of long-violated law.
[169] Thurlow Weed, editor of The Albany Evening Journal, opposed the passage of the Divorce Bill before the New York Legislature in 1860.
[170] Resolved, That marriage is the voluntary alliance of two persons of opposite sexes into one family, and that such an alliance, with its possible incidents of children, its common interests, etc., must be, from the nature of things, as permanent as the life of the parties.
Resolved, That if human law attempts to regulate marriage at all, it should aim to regulate it according to the fundamental principles of marriage; and that as the institution is inherently as continuous as the life of the parties, so all laws should look to its control and preservation as such.
Resolved, That as a parent can never annul his obligations towards even a profligate child, because of the inseparable relationship of the parties, so the married partner can not annul his obligations towards the other, while both live, no matter how profligate that other's conduct may be, because of their still closer and alike permanent relationship; and, therefore, that all divorce is naturally and morally impossible, even though we should succeed in annulling all legalities.
Resolved, That gross fraud and want of good faith in one of the parties contracting this alliance, such as would invalidate any other voluntary relation, are the only causes which can invalidate this, and this, too, solely upon the ground that the relation never virtually existed, and that there are, therefore, no resulting moral obligations.
Resolved, however, That both men and women have a first and inviolable right to themselves, physically, mentally, and morally, and that it can never be the duty of either to surrender his personal freedom in any direction to his own hurt.
Resolved, That the great duty of every human being is to secure his own highest moral development, and that he can not owe to society, or to an individual, any obligation which shall be degrading to himself.
Resolved, That self-devotion to the good of another, and especially to the good of the sinful and guilty, like all disinterestedness, must redound to the highest good of its author, and that the husband or wife who thus seeks the best interests of the other, is obedient to the highest law of benevolence.
Resolved, That this is a very different thing from the culpable weakness which allows itself to be immolated by the selfishness of another, to the hurt of both; and that the miserable practice, now so common among wives, of allowing themselves, their children and family interests, to be sacrificed to a degraded husband and father, is most reprehensible.
Resolved, That human law is imperatively obligated to give either party ample protection to himself, to their offspring, and to all other family interests, against wrong, injustice, and usurpation on the part of the other, and that, if it be necessary to this, it should grant a legal separation; and yet, that even such separation can not invalidate any real marriage obligation.
Resolved, That every married person is imperatively obligated to do his utmost thus to protect himself and all family interests against injustice and wrong, let it arise from what source it may.
Resolved, That every woman is morally obligated to maintain her equality in human rights in all her relations in life, and that if she consents to her own subjugation, either in the family, Church or State, she is as guilty as the slave is in consenting to be a slave.
Resolved, That a perfect union can not be expected to exist until we first have perfect units, and that every marriage of finite beings must be gradually perfected through the growth and assimilation of the parties.
Resolved, That the permanence and indissolubility of marriage tend more directly than anything else toward this result.
[171] Francis Jackson. This fund was drawn upon by several of the States. $1,993.66 was expended in the campaigns in New York, the publication of 60,000 tracts, and the appropriation of several hundred to a series of sermons by the Rev. Antoinette Brown Blackwell, delivered in Hope Chapel, New York; $1,000 was expended in the Ohio canvass of 1860, and tracts in large numbers were also sent there. Both money and tracts were contributed to the Kansas campaign of 1859. Lucy Stone had $1,500 to expend in Kansas in 1867, and thus in various ways the fund was finally expended, Lucy Stone drawing out the last $1,000 in 1871. So careful had been the management of this fund, that the accumulation of the interest had greatly increased the original sum.
[172] Lydia Mott was one of the quiet workers who kept all things pertaining to the woman's rights reform in motion at the capital. Living in Albany, she planned conventions and hearings before the Legislature. She knew a large number of the members and men of influence, who all felt a profound respect for that dignified, judicious Quaker woman. Her home was not only one of the depots of the underground railroad, where slaves escaping to Canada were warmed and fed, but it was the hospitable resort for all reformers. Everything about the house was clean and orderly, and the table always bountiful, and the food appetizing. As such men as Seward and Marcy, leaders from opposite political parties, Gerrit Smith, Garrison, Phillips, Pillsbury, Remond, Foster, Douglass, representing all the reforms, met in turn at Miss Mott's dinner-table, she had the advantage of hearing popular questions discussed from every standpoint. And Miss Mott was not merely hostess at her table, but on all occasions took a leading part in the conversation. All of us who enjoyed her friendship and hospitality deeply feel her loss in that conservative city.
[173] [Introduced, on notice, by Mr. Ramsey; read twice, and referred to the Committee on the Judiciary; reported from said Committee for the consideration of the Senate, and committed to the Committee of the Whole].
AN ACT IN REGARD TO DIVORCES DISSOLVING THE MARRIAGE CONTRACT.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the cases in which a divorce, dissolving the marriage contract, may now be decreed by the Supreme Court, such a divorce may be decreed by said court in either of the cases following:
1. Where either party to the marriage shall, for the period of three years next preceding the application for such divorce, have willfully deserted the other party to the marriage, and neglected to perform to such party the duties imposed by their relation.
2. Where there is and shall have been for the period of one year next preceding the application for such divorce, continuous and repeated instances of cruel and inhuman treatment by either party, so as greatly to impair the health or endanger the life of the other party, thereby rendering it unsafe to live with the party guilty of such cruelty or inhumanity.
§2. The foregoing sections shall not apply to any person who shall not have been an actual resident of this State for the period of five years next preceding such application for such divorce.
§3. Specifications one, two, and three of original section thirty-eight, of article three, of title one, of chapter eight, of part two of the Revised Statutes, shall apply to these causes for divorce as they now apply to the cause of adultery.
§4. The other provisions of the Revised Statutes relating to the granting of divorces for adultery, and regulating the form and manner of proceedings and decrees, and the effects thereof, and the restrictions and defences to the application thereof, shall be applicable to the granting of divorces for causes hereinabove specified, and all proceedings therefor and therein, so far and in such manner as the same may be capable of such application.
§5. This act shall take effect immediately.
[174] Published at the close of Mr. Greeley's "Recollections of a Busy Life."
Passed April 10, 1862.
Sect. 3. Any married woman, possessed of real estate as her separate property, may bargain, sell, and convey such property, and enter into any contract in reference to the same, with the like effect in all respects as if she were unmarried; and she may in like manner enter into such covenant or covenants for title as are usual in conveyances of real estate, which covenants shall be obligatory to bind her separate property, in case the same or any of them be broken.
§2. The fourth, fifth, sixth, ninth, tenth, and eleventh sections of the said Act are hereby repealed.
7th. Any married woman may, while married, sue and be sued, in all matters having relation to her sole and separate property, or which may hereafter come to her by descent, devise, bequest, purchase, or the gift or grant of any person, in the same manner as if she were sole; and any married woman may bring and maintain an action in her own name, for damages, against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement of any such action, or recovered upon a judgment, shall be her sole and separate property. In case it shall be necessary in the prosecution or defense of any action brought by or against a married woman, to enter into any bond or undertaking, such bond or undertaking may be executed by such married woman, with the same effect in all respects as if she were sole; and in case the said bond or undertaking shall become broken or forfeited, the same may be enforced against her separate estate.
8th. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, purchase, or the gift or grant of any person (except her husband), and no bargain or contract entered into by any married woman, in or about the carrying on of any trade or business, under any statute of this State, shall be binding upon her husband, or render him or his property in any way liable therefor.
5th. In an action brought or defended by any married woman in her name, her husband shall not, neither shall his property, be liable for the costs thereof, or the recovery therein. In an action brought by her for an injury to her person, character, or property, if judgment shall pass against her for costs, the court in which the action is pending shall have jurisdiction to enforce payment of such judgment out of her separate estate, though the sum recovered be less than one hundred dollars.
6th. No man shall bind his child to apprenticeship or service, or part with the control of such child or create any testamentary guardian therefor, unless the mother, if living, shall in writing signify her assent thereto.
7th. A married woman may be sued in any of the courts of this State, and whenever a judgment shall be recovered against a married woman, the same may be enforced by execution against her sole and separate estate in the same manner as if she were sole.
The Guardianship Law, passed April 25, 1871.
6th. The Surrogate, to whom application may be made under either of the preceding sections, shall have the same power to allow and appoint guardians as is possessed by the Supreme Court, and may appoint a guardian for a minor whose father is living, upon personal service of notice of the application for such appointment upon such father, at least ten days prior thereto; and in all cases the Surrogate shall inquire into the circumstances of the minor and ascertain the amount of his personal property, and the value of the rents and profits of his real estate, and for that purpose may compel any person to appear before him and testify in relation thereto.
[177] See law of 1860.
CHAPTER XV.
WOMAN, CHURCH, AND STATE.
BY MATILDA JOSLYN GAGE.
Woman under old religions—Woman took part in offices of early Christian Church Councils—Original sin—Celibacy of the clergy—Their degrading sensuality—Feudalism—Marriage—Debasing externals and debasing ideas—Witchcraft—Three striking points for consideration—Burning of Witches—Witchcraft in New England—Marriage with devils—Woman's Right of property not recognized—Wife ownership—Women legislated for as slaves—Marriage under the Greek Church—The Salic law—Cromwellian era—The Reformation—Woman under monastic rules in the Protestant home—Polygamy taught by Luther and other Protestant Divines—The Mormon doctrine regarding woman its logical result—Milton responsible for many existing views in regard to woman—Woman's subordination taught to-day—The See trial—Right Rev. Dr. Cox—Rev. Knox-Little—Pan-Presbyterians—Quakers not as liberal as they have been considered—Restrictive action of the Methodist Church—Offensive debate upon ordaining Miss Oliver—The Episcopal Church and its restrictions—Sunday-school teachings—Week-day-school teachings—Sermon upon woman's subordination by the President of a Baptist Theological Seminary—Professor Christlieb of Germany—"Dear, will you bring me my shawl?"—Female sex looked upon as a degradation—A sacrilegious child—Secretary Evarts, in the Beecher-Tilton trial, upon woman's subordination—Women degraded in science and literature—Large-hearted men upon woman's degradation—Wives still sold in the market-place as "mares," led by a halter around their necks—Degrading servile labor performed by woman in Christian countries—A lower degradation—"Queen's women"—"Government women"—Interpolations in the Bible—Letter from Howard Crosby, D.D., LL.D—What is Truth?
Woman is told that her present position in society is entirely due to Christianity, and this assertion is then made the basis of opposition to her demands for exact equality with man in all the relations of life. Knowing that the position of every human being keeps pace with the religion and civilization of his country, and that in many ancient nations woman had secured a good degree of respect and power, as compared even with that she has in the present era, it has been decided to present this subject from a historical standpoint, and to show woman's position under the Christian Church for the last 1,500 years.
If in so doing we shall help to show man's unwarranted usurpation over woman's religious and civil rights, and the very great difference between true religion and theology, this chapter will not have been written in vain, as it will prove that the most grievous wound ever inflicted upon woman has been in the teaching that she was not created equal with man, and the consequent denial of her rightful place and position in Church and State.
Woman had acquired great liberty under the old civilizations. In Rome she had not only secured remarkable personal and property rights,[178] but she officiated as priestess in the most holy offices of religion. Not only as Vestal Virgin did she guard the Sacred Fire, upon whose preservation the welfare of Rome was held to depend, but at the end of every consular period women officiated in private worship and sacrifice to the Bono Dea, with mystic ceremonies which no man's presence was suffered to profane. The Eleusinian mysteries were attributed to Ceres herself, and but few men had the courage to dare initiation into their most secret rites. In ancient Egypt, woman bought and sold in the markets, was physician, colleges for her instruction in medicine existing 1,200 years before Christ; she founded its literature, the "Sacred Songs" of Isis being deemed by Plato literally 10,000 years old; as priestess she performed the most holy offices of religion, holding the Sacred Sistrum and offering sacrifices to the gods; she sat upon its throne and directed the civilization of this country at the most brilliant period of its history; while in the marriage relation she held more than equality; the husband at the ceremony promising obedience to the wife in all things, a rule which according to Wilkinson, wrought no harm, but, on the contrary, was productive of lasting fidelity and regard, the husband and wife sitting together upon the same double chair in life, and lying together in the same tomb after death. Crimes against women were rare in olden Egypt, and were punished in the most severe manner. In Persia, woman was one of the founders of the ancient Parsee religion, which taught the existence of but a single God, thus introducing monotheism into that rare old kingdom. The Germans endowed their wives upon marriage with a horse, bridle, and spear, emblematic of equality, and they held themselves bound to chastity in the marital relation. The women of Scandinavia were regarded with respect, and marriage was held as sacred by both men and women. These old Berserkers reverenced their Alruna, or Holy Women, on earth, and worshiped goddesses in heaven.
All Pagandom recognized a female priesthood, some making their national safety to depend upon them, like Rome; sybils wrote the Books of Fate, and oracles where women presided were consulted by many nations. The proof of woman's also taking part in the offices of the Christian Church at an early date is to be found in the very restrictions which were at a later period placed upon her. The Council of Laodicea, a.d. 365, in its eleventh canon[179] forbade the ordination of women to the ministry, and by its forty-fourth canon prohibited them from entering into the altar.
The Council of Orleans, a.d. 511, consisting of twenty-six bishops and priests, promulgated a canon declaring that on account of their frailty, women must be excluded from the deaconship.
Nearly five hundred years later than the Council of Laodicea, we find the Council of Paris (a.d. 824) bitterly complaining that women serve at the altar, and even give to the people the body and blood of Jesus Christ. The Council of Aix-la-Chapelle, only eight years previously, had forbidden abbesses from taking upon themselves any priestly function. Through these canons we have the negative proof that for many hundred years women preached, baptized,[180] administered the sacrament, and filled various offices of the Church, and that men took it upon themselves to forbid them from such functions through prohibitory canons.
A curious old black-letter volume published in London in 1632, entitled "The Lawes and Resolutions of Women's Rights," says, "the reason why women have no control in Parliament, why they make no laws, consent to none, abrogate none, is their Original Sin."
This doctrine of her original sin lies at the base of the religious and political disqualifications of woman. Christianity, through this doctrine, has been interpreted as sustaining man's rights alone. The offices held by her during the apostolic age, she has been gradually deprived of through ecclesiastical enactments. To Augustine, whose early life was spent in company with the most degraded of woman-kind, is Christianity indebted for the full development of the doctrine of Original Sin, which, although to be found in the religious systems of several ancient nations, was not a primitive one of the Christian Church.[181] Taught as one of the most sacred mysteries of religion, which to doubt or to question was to hazard eternal damnation, it at once exerted a most powerful and repressing influence upon woman, fastening upon her a bondage which the civilization of the nineteenth century has not been able to cast off.
To this doctrine of woman's created inferiority we can trace those irregularities which for many centuries filled the Church with shame, for practices more obscene than the orgies of Babylon or Corinth, and which dragged Christendom to a darkness blacker than the night of heathendom in pagan countries—a darkness upon which the most searching efforts of historians cast scarcely one ray of light—a darkness so profound that from the seventh to the eleventh century no individual thought can be traced. All was sunk in superstition; men were bound by Church dogmas, and looked only to aggrandizement through her. The priesthood, which alone possessed a knowledge of letters, prostituted their learning to the basest uses; the nobility spent their lives in warring upon each other; the peasantry were the sport and victim by turns of priest and noble, while woman was the prey of all; her person and her rights possessing no consideration only as they could be made to advance the interest or serve the pleasure of noble, husband, father, or priest—some man-god to whose lightest desire all her wishes were made to bend. The most pronounced doctrine of the Church during this period was, that through woman sin had been introduced into the world; that woman's whole tendency was toward evil, and that had it not been for the unfortunate oversight of her creation, man would be dwelling in the paradisical innocence and happiness of Eden blessed with immortality. The Church looking upon woman as under a curse, considered man as God's divinely appointed agent for its enforcement, and that the restrictions she suffered under Christianity were but parts of a just punishment for having caused the fall of man. Christian theology thus at once struck a blow at these old beliefs in woman's equality, broadly inculcating the doctrine that woman was created for man, was subordinate to him and under obedience to him. It bade woman stand aside from sacerdotal offices, forbidding her to speak in the church, commanding her to ask her husband at home for all she wished to know, at once repressing all tendency toward her freedom among those who adopted the new religion, and by various decretals taught her defilement through the physical peculiarities of her being. It placed the legality of marriage under priestly control, secured to husbands a right of divorce for causes not freeing the wife, and so far set its ban upon this relation as to hold single women above the wife and mother in holiness. After having forbidden woman the priestly office, it forbade her certain benefits to be derived therefrom, thus unjustly punishing her for an ineligibility of its own creation; offices in the Church, learning, and property rights, freedom of thought and action, all were held as improper for a being secondary to man, who came into the world, not as part of the great original plan, but as an afterthought of the Creator.
While it took many hundred years to totally exclude woman from the priesthood, the strict celibacy of the male clergy was during the same period the constant effort of the Church. At first its restrictions were confined to a single marriage with a woman who had never before entered that relation. A Council of a.d. 347, consisting of twenty-one bishops, forbade the ordination of those priests who had been twice married, or who had married a widow. A Council of a.d. 395, ruled that a bishop who had children after ordination, should be excluded from the major orders. The Council of a.d. 444, deposed Chelidonius, Bishop of Besancon, for having married a widow; while the Council of Orleans, a.d. 511, consisting of thirty-two bishops, decided that any monk who married should be expelled from the ecclesiastical order.
In the sixth century a Council was held at Macon (585), consisting of forty-three bishops with sees, sixteen bishops without sees, and fifteen envoys. At this Council the celebrated discussion took place of which it has often been said, the question was whether woman had a soul. It arose in this wise. A certain bishop insisted that woman should not be called "homo"; but the contrary was argued by others from the two facts that the Scriptures say that God created man, male and female, and that Jesus Christ, son of a woman, is called the son of man. Woman was, therefore, allowed to remain a human being in the eyes of the clergy, even though considered a very weak and bad one.
The Church held two entirely opposing views of marriage. Inasmuch as it taught that the fall came through marriage, this relation was regarded by many priests with holy horror as a continuance of the evil which first brought sin into the world. It was declared that God would have found some method of populating the world outside of marriage, and that condition was looked upon as one of peculiar temptation and trial. Another class taught its necessity, though in it woman was under complete subordination to man. These views can be traced to the early fathers; through clerical contempt of marriage, the conditions of celibacy and virginity were regarded as those of highest virtue. Jerome respected marriage as chiefly valuable in that it gave virgins to the Church, while Augustine, although he admitted the possibility of salvation to the married, yet spoke of a mother and daughter in heaven, the mother shining as a dim star, the daughter as one of the first magnitude.
In the "Apostolic Constitutions," held by the Episcopal Church as regulations established by the apostles themselves, and which are believed by many to be among the earliest Christian records, there are elaborate directions for the places of all who attend church, the unmarried being most honored. The virgins and widows and elder women stood, or sat first of all. The Emperor Honorius banished Jovinius for asserting the possibility of a man being saved who lived with his wife, even though he obeyed all the ordinances of the Church and lived a good life.
St. Chrysostom, whose prayer is repeated at every Sunday morning service of the Episcopal church, described woman as "a necessary evil, a natural temptation, a desirable calamity, a domestic peril, a deadly fascination, and a painted ill." The doctrine of priestly celibacy which was early taught, though not thoroughly enforced until the eleventh century, and the general tenor of the Church against marriage, together with its teaching woman's greater sinfulness, were the great causes of undermining the morals of the Christian world for fifteen hundred years. With these doctrines was also taught the duty of woman to sacrifice herself in every way to man. The loss of chastity in a woman was held as a light sin in comparison to the degradation that marriage would bring upon the priesthood, and young girls ruined by some candidate or priest, considered themselves as doing God service by refusing a marriage that would cause the expulsion of their lovers from this order. With woman's so-called divine self-sacrifice, Heloise chose to remain Abelard's mistress rather than destroy his prospects of advancement in the Church.[182]
To the more strict enforcement of priestly celibacy, the barons were permitted to make slaves of the wives and children of married priests. While by common law children were held as following the condition of their fathers, under Church legislation they were held to follow the condition of their mothers. Serf mothers have thus borne serf children to free-born fathers, and slave mothers have borne slave children to their masters; while unmarried mothers still bear bastard children to unknown fathers, the Church thus throwing the taint of illegitimacy upon the innocent. The relations of man and woman to each other, the sinfulness of marriage, and the license of illicit relations employed most of the thought of the Church.[183] The duty of woman to obey, not only her husband, but all men by virtue of their sex, was sedulously inculcated. She was trained to hold her own desires and even her own thoughts in complete abeyance to those of man; father, husband, brother, son, priest, alike held themselves as her rightful masters, and every holy principle of her nature was subverted in this most degrading assumption. A great many important effects followed the full establishment of priestly celibacy. The doctrine of woman's inherent wickedness took new strength; a formal prohibition of the Scriptures to the laity was promulgated from Toulouse in the twelfth century; the canon law gained control of the civil law; the absolute sinfulness of divorce, which had been maintained in councils, yet allowed by the civil law, was established; the Inquisition arose; the persecution of woman for witchcraft took on a new phase, and a tendency to suicide was developed. The wives of priests rendered homeless, and with their children suddenly ranked among the vilest of the earth, were powerless and despairing, and not a few of them shortened their agony by death at their own hands. For all these crimes the Church was directly responsible.
Priestly celibacy did not cause priestly purity of life,[184] but looking upon themselves as especially sanctified and set apart by virtue of that celibacy, priests made their holy office the cover of the most degrading sensuality.[185] Methods were taken to debauch the minds of women as well as their bodies. As late as the seventeenth century it was taught that a priest could commit no sin. This was an old doctrine, but received new strength from the Illumines. It was said that "The devout, having offered up and annihilated their own selves, exist no longer but in God. Thenceforth they can do no wrong. The better part of them is so divine that it no longer knows what the other is doing." The doctrine of some Protestant sects, "Once in grace, always in grace," is of the same character. The very incarnation was used as a means of weakening woman's virtue. An enforcement of the duty of an utter surrender of the soul and the will was taught by the example of the Virgin, "who obeyed the angel Gabriel and conceived, without risk of evil, for impurity could not come of a spirit."[186] Another lesson, of which the present century has some glimpse, was "that sin could be killed by sin, as the better way of becoming innocent again." The result of this doctrine was seen in the mistresses of the priests, known as "The Hallowed Ones."
Under such religious teaching as to woman, naught could be expected but that the laity would closely imitate the priesthood. Although Church and State may not be legally united, it is impossible for any religious opinion to become widely prevalent without its influencing legislation. Among the Anglo-Saxons, the priesthood possessed great influence; but after the Norman Conquest, ecclesiasticism gained greater control in England. Previous to this, a man was compelled by law to leave his wife one-third of his property, and could leave her as much, more as he pleased. Under ecclesiastical law he was not permitted to will her more than one-third, and could leave her as much less as he pleased. Glanville laid it down as a law of the kingdom that no one was compelled to leave another person any portion of his property, and that the part usually devised to wives was left them at the dictate of affection and not of law.
Women were not permitted to testify in court unless on some question especially concerning themselves. It is but twenty years since this law was annulled in Scotland, and but three years since, that by the influence of Signor Morelli,[187] the Parliament of Italy repealed the old restriction upon woman's testimony.
Sisters were not allowed to inherit with brothers, the property, according to old ecclesiastical language, going "to the worthiest of blood." Blackstone acknowledges that this distinction between brothers and sisters reflects shame upon England, and was no part of the old Roman law, where the children of a family inherited equally without distinction of sex. It is but two years since the old law of inheritance of sons alone was repealed in one of the Swiss Cantons. Even in this enlightened age its repeal met much opposition, men piteously complaining that they would be ruined by this act of justice done their sisters.
The minds of people having been corrupted through centuries by Church doctrines regarding woman, it was an easy step for the State to aid in her degradation. The system of Feudalism rising from the theory of warfare as the normal condition of man, still further oppressed woman by bringing into power a class of men accustomed to deeds of violence, and finding their chief pleasure in the sufferings of others. To be a woman, appealed to no instinct of tenderness in this class. To be a woman was not to be protected even, unless she held power in her own right, or was acting in place of some feudal lord. The whole body of villeins and serfs were under absolute dominion of the Feudal Lords. They were held as possessing no rights of their own: the Priest had control of their souls, the Lord of their bodies. But it was not upon the male serfs that the greatest oppression fell.
Although the tillage of the soil, the care of swine and cattle was theirs, the masters claiming the half or more of everything even to one-half the wool shorn from the flock,[188] and all exactions upon them were great while their sense of security was slight, it was upon their wives and daughters that the greatest outrages were inflicted. It was a pastime of the castle retainers to fall upon peaceful villages to the consternation of its women, who were struck, tortured, were great, while their sense of security was slight, it was upon and made the sport of the ribald soldiery, "Serfs of the Body," they had no protection. The vilest outrages were perpetrated by the Feudal Lords under the name of Rights. Women were taught by Church and State alike, that the Feudal Lord or Seigneur had a right to them, not only as against themselves, but as against any claim of husband or father. The law known as Marchetta, or Marquette, compelled newly-married women to a most dishonorable servitude. They were regarded as the rightful prey of the Feudal Lord from one to three days after their marriage, and from this custom, the oldest son of the serf was held as the son of the lord, "as perchance it was he who begat him." From this nefarious degradation of woman, the custom of Borough-English arose, in which the youngest son became the heir. The original signification of the word borough being to make secure, the peasant through Borough-English made secure the right of his own son to what inheritance he might leave, thus cutting off the claim of the possible son of his hated lord. France, Germany, Prussia, England, Scotland, and all Christian countries where feudalism existed, held to the enforcement of Marquette. The lord deemed this right as fully his as he did the claim to half the crops of the land, or to the half of the wool sheared from the sheep. More than one reign of terror arose in France from the enforcement of this law, and the uprisings of the peasantry over Europe during the twelfth century, and the fierce Jacquerie, or Peasant War, of the fourteenth century in France owed their origin, among other causes, to the enforcement of these claims by the lords upon the newly-married wife. The Edicts of Marly securing the Seigneural Tenure in Lower Canada, transplanted that claim to America when Canada was under the control of France.
To persons not conversant with the history of feudalism, and of the Church for the first fifteen hundred years of its existence, it will seem impossible that such foulness could ever have been part of Christian civilization. That the crimes they have been trained to consider the worst forms of heathendom could have existed in Christian Europe, upheld by both Church and State for more than a thousand five hundred years, will strike most people with incredulity. Such, however, is the truth; we can but admit well-attested facts of history how severe a blow soever they strike our preconceived beliefs.
Marquette was claimed by the Lords Spiritual[189] as well as by the Lords Temporal. The Church, indeed, was the bulwark of this base feudal claim. With the power of penance and excommunication in its grasp, this feudal demand could neither have originated nor been sustained unless sanctioned by the Church.
In Scotland, Margaret, wife of Malcolm Conmore, generally known, from her goodness, as St. Margaret,[190] exerted her royal influence in 1057, against this degradation of her sex, but despite the royal prohibition and the substitution of the payment of a merk in money instead, the custom had such a foothold and appealed so strongly to man's licentious appetite it still continued, remaining in existence nearly seven hundred years after the royal edict against its practice. These customs of feudalism were the customs of Christianity during many centuries.[191] These infamous outrages upon woman were enforced under Christian law by both Church and State.[192]
The degradation of the husband at this infringement of the lord spiritual and temporal upon his marital right, has been pictured by many writers, but history has been quite silent upon the despair and shame of the wife. No hope appeared for woman anywhere. The Church, which should have been the great conserver of morals, dragged her to the lowest depths, through the vileness of its priestly customs. The State, which should have defended her civil rights, followed the example of the Church in crushing her to the earth. God Himself seemed to have forsaken woman. Freedom for the peasants was found alone at night. Known as the Birds of the Night, Foxes and Birds of Prey, it was only at these night assemblages they enjoyed the least happiness or security. Here, with wives and daughters, they met together to talk, of their gross outrages. Out of these foul wrongs grew the sacrifice of the "Black Mass," with woman as officiating priestess, in which the rites of the Church were travestied in solemn mockery, and defiance cast at that heaven which seemed to permit the priest and lord alike to trample upon all the sacred rights of womanhood in the names of religion and law.
During this mocking service a true sacrifice of wheat was offered to the Spirit of the Earth who made wheat to grow, and loosened birds bore aloft to the God of Freedom the sighs and prayers of the serfs asking that their descendants might be free. We can not do otherwise than regard this sacrifice as the most acceptable offering made in that day of moral degradation, a sacrifice and prayer more holy than all the ceremonials of the Church. This service, where woman, by virtue of her greater despair, acted both as altar and priest, opened by the following address and prayer: "I will come before Thine altar, but save me, O Lord, from the faithless and violent man!" (from the priest and the baron).[193] From these assemblages, known as "Sabbat," or "the Sabbath," from the old Pagan Midsummer-day sacrifice to "Bacchus Sabiesa," rose the belief in the "Witches' Sabbath," which for several hundred years formed a new source of accusation against women, and sent tens of thousands of them to the most horrible death.
Not until canon or Church law had become quite engrafted upon the civil law, did the full persecutions for witchcraft arise. A witch was held to be a woman who had deliberately sold her soul to the Evil One, who delighted in injuring others, and who chose the Sabbath day for the enactment of her impious rites, and who was especially connected with black animals; the black cat being held as her familiar in many countries.
In looking at the history of witchcraft, we see three striking points for consideration:
First. That women were chiefly accused, a wizard being seldom mentioned.
Second. That man, believing in woman's inherent wickedness, and understanding neither the mental nor the physical peculiarities of her being, ascribed all her idiosyncrasies to witchcraft.
Third. That the clergy inculcated the idea that woman was in league with the devil, and that strong intellect, remarkable beauty, or unusual sickness, were in themselves a proof of that league.
Catholic and Protestant countries alike agreed in holding woman as the chief accessory of the devil. Luther said, "I would have no compassion for a witch; I would burn them all." As late as 1768, John Wesley declared the giving up of witchcraft to be in effect giving up the Bible. James I., on his accession to the throne, ordered the learned work of Reginald Scot against witchcraft, to be burned in compliance with the act of Parliament of 1603, which ratified a belief in witchcraft over the three kingdoms. Under Henry VIII., from whose reign the Protestant Reformation in England dates, an act of Parliament made witchcraft felony; this act was again confirmed under Elizabeth. To doubt witchcraft was as heretical under Protestantism as under Catholicism.
Even the widely extolled Pilgrim Fathers brought this belief with them when they stepped ashore at Plymouth Rock. With the "Ducking-Stool" and the "Scarlet Letter" of shame for woman, while her companion in sin went free, they also brought with them a belief in witches. Richard Baxter, the "greatest of the Puritans," condemned those who disbelieved in witchcraft as "wicked Sadducees," his work against it adding intensity to the persecution. Cotton Mather was active in fomenting a belief in this doctrine.
So convinced were those in power of the tendency of woman to diabolism that the learned Sir Matthew Hale condemned two women without even summing up the evidence. Old women, for no other reason than that they were old, were held as most susceptible to the assaults of the devil, and most especially endowed with supernatural powers for evil, to doubt which was equivalent to doubting the Bible. We see a reason for this hatred of old women, in the fact that woman was chiefly viewed from a sensual stand-point, and when by reason of age or debility, she no longer attracted the physical admiration of man, he looked upon her as of no farther use to the world, and as possessing no right to life. At one period it was very unusual for an old woman in the north of Europe to die peaceably in her bed. The persecution against them raged with special virulence in Scotland, where upon the act of the British Parliament in 17—, abolishing the burning and hanging of witches, the assembly of the Calvinistic Church of Scotland "confessed" this act of Parliament "as a great national sin." Looked upon as a sin rather than a crime, the Church sought its control, and when coming under its power, witchcraft was punished with much greater severity than when falling under lay tribunals. It proved a source of great emolument to the Church, which was even accused of fostering it for purposes of gain. A system of "witch finders" or "witch persecutors" arose. Cardan, a famous Italian physician, said of them: "In order to obtain forfeit property, the same persons acted as accusers and judges, and invented a thousand stories as proof."
Witchcraft was as a sin almost confined to woman; a wizard was rare, one writer saying: to every 100 witches, we find but one wizard. In the time of Louis XIII. this proportion was greatly increased; "to one wizard, 10,000 witches," another person declared there were 100,000 witches in France alone. Sprenger, the great Inquisitor, author of "The Witch Hammer,"[194] through whose persecutions many countries were flooded with victims, said, "Heresy of witches, not of wizards, must we call it, for these latter are of very small account." No class or condition escaped Sprenger; we read of witches of fifteen years, and two "infernally beautiful"[195] of seventeen years.
The Parliament of Toulouse burned 400 witches at one time. Four hundred women at one hour on the public square, dying the horrid death of fire, for a crime which never existed save in the imagination of those persecutors, and which grew in their imagination from a false belief in woman's extraordinary wickedness, based upon a false theory as to original sin. Not a Christian country but was full of the horrors of witch persecution and violent death. Remy, Judge of Nancy, acknowledged to having himself burnt 800 in sixteen years. Many women were driven to suicide in fear of the torture in store for them. In 1595 sixteen of those accused by Remy, destroyed themselves rather than fall into his terrible hands. Six hundred were burnt in one small bishopric in one year; 900 during the same period in another. Seven thousand lost their lives at Treves; 1,000 in the province of Como in Italy in a single year; 500 were executed at Geneva in a single month. Under the reign of Francis I. more than 100,000 witches are said to have been put to death, and for hundreds of years this superstition controlled the Church. In Scotland the most atrocious tortures were invented, and women died "shrieking to heaven for that mercy denied them by Christian men." One writer casually mentions seeing nine burning in a single day's journey.
When for "witches" we read "women," we shall gain a more direct idea of the cruelties inflicted by the Church upon woman. Friends were encouraged to cast accusations upon friends, and rewards were offered for conviction. From the pulpit people were exhorted to bring the witch to justice. Husbands who had ceased to care for their wives, or in any way found them a burden, or who for any reason wished to dissolve the marriage tie, now found an easy method. They had but to accuse them of witchcraft, and the marriage was dissolved by the death of the wife at the stake. Mention is made of wives dragged by their husbands before the arch-Inquisitor, Sprenger, by ropes around their necks. In Protestant, as in Catholic countries, the person accused was virtually dead. She was excommunicated from humanity; designated and denounced as one whom all must shun, with whom none must buy or sell, to whom no one must give food or lodging or speech or shelter; life was not worth the living.
Besides those committing suicide, others brought to trial, tired of life amid so many horrors, falsely accused themselves, preferring a death by the torture of fire to a life of endless isolation and persecution. An English woman on her way to the stake, with a greatness of soul all must admire, freed her judges from responsibility by saying to the people, "Do not blame my judges, I wished to put an end to my own self. My parents kept aloof from me; my husband had denied me. I could not live on without disgrace. I longed for death, and so I told a lie."
Of Sir George Mackenzie, the eminent Scotch advocate, it was said:
He went to examine some women who had confessed,[196] and one of them told him "under secrecie" that she had not confessed because she was guilty, but being a poor wretch who wrought for her meat, and being defined for a witch, she knew she would starve, for no person thereafter would give her either meat or lodging, and that all men would beat her and hound dogs at her, and therefore she desired to be out of the world, whereupon she wept most bitterly, and upon her knees called upon God to witness what she said.
The death these poor women chose to suffer rather than accept a chance of life with the name of witch clinging to them,[197] was one of the most painful of which we can conceive,[198] although in the diversity of torture inflicted upon "the witch," it is scarcely possible to say which was the least agonizing.
Not only was the persecution for witchcraft brought to New England by the Puritans, but it has been considered and treated as a capital offense by the laws of both Pennsylvania and New York. Trials took place in both colonies not long before the Salem tragedy; the peaceful Quaker, William Penn, presiding upon the bench at the time of the trial of two Swedish women accused of witchcraft. The Grand Jury acting under instruction given in a charge delivered by him, found bills against them, and his skirts were only saved from the guilt of their blood by some technical irregularity in the indictment.
Marriage with devils was long one of the most ordinary accusations in witch trials. The knowledge of witches was admitted, as is shown in the widely extended belief of their ability to work miracles. A large part of the women termed witches were in reality the profoundest thinkers, the most advanced scientists of those ages. For many hundred years the knowledge of medicine, and its practice among the poorer classes was almost entirely in their hands, and many discoveries in this science are due to them; but an acquaintance with herbs soothing to pain, or healing in their qualities, was then looked upon as having been acquired through diabolical agency. Even those persons cured through the instrumentality of some woman were ready when the hour came to assert their belief in her indebtedness to the devil for that knowledge. Not only were the common people themselves ignorant of all science, but their brains were filled with superstitious fears, and the belief that knowledge had been first introduced to the world through woman's obedience to the devil. Thus the persecution which for ages raged against witches, was in reality an attack upon science at the hands of the Church.
The entire subordination of the common law to ecclesiasticism, dates in England to the reign of Stephen, who ascended the throne in 1135. Its new growth of power must be ascribed to avarice, as it then began to take cognizance of crimes, establishing an equivalent in money for every species of wrong-doing. The Church not only remitted penalties for crimes already perpetrated, but sold indulgences for the commission of new ones. Its touch upon property soon extended to all the relations of life. Marriages within the seventh degree were forbidden by the Church as incestuous, but those who could buy indulgence were enabled to get a dispensation. No crime so great that it could not be condoned for money.
Canon law gained its greatest power in the family relation in its control over wills, the guardianship of orphans, marriage and divorce. Under ecclesiastical law, marriage was held as a sacrament, was performed at the church door, the wife being required to give up her name, her person, her property, her own sacred individuality, and to promise obedience to her husband in all things. Certain hours of the day were even set aside as canonical after which no marriage could be celebrated.[199] Wherever it became the basis of legislation, the laws of succession and inheritance, and those in regard to children, constantly sacrificed the interests of wives and daughters to those of husbands and sons. Ecclesiastical law ultimately secured such a hold upon family property and became so grasping in its demands, that the civil law interfered, not, however, in the interests of wives and children, but in the interests of creditors. Canon law had its largest growth through the pious fictions of woman's created inferiority.
To the credit of humanity it must be said that the laity did not readily yield to priestly power, but made many efforts to wrest their temporal concerns from ecclesiastical control. But in the general paucity of education, together with the abnegation of the will, sedulously taught by the Church, which brought all its dread power to bear in threats of excommunication and future eternal torment, the rights of the people were gradually lost. The control of the priesthood over all things of a temporal, as well as of a spiritual nature, tended to make them a distinct body from the laity, and rights were divided into those pertaining to persons and things, the rights of persons belonging to the priesthood alone; but inasmuch as every man, whatever his condition, could become a priest, and no woman, however learned or pious or high in station, could, the whole tendency of ecclesiastical law was to separate man and woman into a holy or divine sex, and an unholy or impious sex, creating an antagonism between those whose interests are by nature the same. Thus canon law, bearing upon the business of ordinary life between man and man, fell with its greatest weight upon woman; it not only corrupted the common law in England, but perverted the civil law of other countries. The denial under common law of the right of woman to make a contract, grew out of the denial of her right of ownership. Not possessing control over her own property or her future actions, she was held as legally unable to make a binding contract.
Property is a delicate test of the condition of a nation. It is a singular fact of history that the rights of property have everywhere been recognized before the rights of persons, and wherever the rights of any class to property are attacked, it is a most subtle and dangerous assault upon personal rights. The chief restrictive element of slavery was the denial to the slave of the proceeds of his own labor. As soon as a slave was allowed to hire his time, the door of freedom began to open to him. The enslavement of woman has been much increased from the denial of the rights of property to her, not merely to the fruits of her own labor, but to the right of inheritance.
The great school of German jurists[200] teach that ownership increases both physical and moral capacity, and that as owner, actual or possible, man is a more capable and worthy being than he would otherwise be. Inasmuch as under canon law woman was debarred from giving testimony in courts of law, sisters were prohibited from taking an inheritance with brothers, and wives were deprived of property rights, it is entirely justifiable to say ecclesiastical law injured civilization by its destruction of the property rights of women.[201]
The worst features of canon law, as Blackstone frankly admits, are those touching upon the rights of woman. These features have been made permanent to this day by the power the Church gained over common law,[202] between the tenth and sixteenth centuries, since which period the complete inferiority and subordination of the female sex has been as fully maintained by the State as by the Church. The influence of canon law upon the criminal codes of England and America has but recently attracted the attention of legal minds. Wharton, whose "Criminal Law" has for years been a standard work, did not examine their relation until his seventh edition, in which he gave a copious array of authors, English, German, and Latin, from whom he deduced proof that the criminal codes of these two countries are pre-eminently based upon ecclesiastical law.
Canon law gave to the husband the power of compelling the wife's return if, for any cause, she left him. She was then at once in the position of an outlaw, branded as a run-away who had left her master's service, a wife who had left "bed and board" without consent, and whom all persons were forbidden "to harbor" or shelter "under penalty of the law." The absconding wife was in the position of an excommunicate from the Catholic Church, or of a woman condemned as a witch. Any person befriending her was held accessory to the wife's theft of herself from her husband, and rendered liable to fine and other punishment for having helped to rob the husband (master) of his wife (slave).
The present formula of advertising a wife, which so frequently disgraces the press, is due to this belief in wife-ownership.
Whereon my wife ... has left my bed and board without just cause or provocation, I hereby forbid all persons from harboring or trusting her on my account.
By old English law, in case the wife was in danger of perishing in a storm, it was allowable "to harbor" and shelter her.
It is less than thirty years since the dockets of a court in New York city, the great metropolis of our nation, were sullied by the suit of a husband against parties who had received, "harbored" and sheltered his wife after she left him, the husband recovering $10,000 damages.
Although England was Christianized in the fourth century, it was not until the tenth that a daughter had a right to reject the husband selected for her by her father;[203] and it was not until this same century that the Christian wife of a Christian husband acquired the right of eating at table with him. For many hundred years the law entered families, binding out to servile labor all unmarried women between the ages of eleven and forty.
For more than a thousand years women in England were legislated for as slaves. They were imprisoned for crimes that, if committed by a man, were punished by simple branding in the hand; and other crimes which he could atone for by a fine, were punished in her case by burning alive. Down to the end of the eighteenth century the punishment of a wife who had murdered her husband was burning[204] alive; while if the husband murdered the wife, his was hanging, "the same as if he had murdered any stranger." Her crime was petit treason, and her punishment was the same as that of the slave who had murdered her master. For woman there existed no "benefit of clergy," which in a man who could read, greatly lessened his punishment; this ability to read enabling him to perform certain priestly functions and securing him immunity in crime. The Church having first made woman ineligible to the priesthood, punished her on account of the restrictions of its own making. We who talk of the burning of wives upon the funeral pyres of husbands in India, may well turn our eyes to the records of Christian countries.
Where marriage is wholly or partially under ecclesiastical law, woman's degradation surely follows; but in Catholic and Protestant countries a more decent veil has been thrown over this sacrifice of woman than under some forms of the Greek Church, where the wife is delivered to the husband under this formula: "Here, wolf, take thy lamb!" and the bridegroom is presented with a whip, giving his bride a few blows as part of the ceremony, and bidding her draw off his boots as a symbol of her subjugation to him. With such an entrance ceremony, it may well be surmised that the marriage relation permits of the most revolting tyranny. In Russia, until recently, the wife who killed her husband while he was chastising her, was buried alive, her head only being left above ground. Many lingered for days before the mercy of death reached them.
Ivan Panim, a Russian exile, now a student in Harvard College, made the following statement in a speech at the Massachusetts Woman Suffrage Convention, held in February, 1881:
A short time ago the wife of a well-to-do peasant came to a justice of one of the district courts in Russia and demanded protection from the cruelty of her husband. She proved conclusively by the aid of competent witnesses, that he had bound her naked to a stake during the cold weather, on the street, and asked the passers-by to strike her; and whenever they refused, he struck her himself. He fastened her, moreover, to the ground, put heavy stones and weights on her and broke one of her arms. The court declared the husband "not guilty." "It cannot afford," it said, "to teach woman to disobey the commands of her husband." This is by no means an extreme or isolated case. Few, indeed, become known to the public through the courts or through the press.[205]
Canon law made its greatest encroachments at the period that chivalry was at its height; the outward show of respect and honor to woman keeping pace in its false pretense with the destruction of her legal rights. Woman's moral degradation was at this time so great that a community of women was even proposed, and was sustained by Jean de Meung, the "Poet of Chivalry," in his Roman de la Rose. Christine of Pisa, the first strictly literary woman of Western Europe, took up her pen in defense of her sex against the general libidinous spirit of the age, writing in opposition to Meung.
Under Feudalism, under Celibacy, under Chivalry, under the Reformation, under the principles of new sects of the nineteenth century—the Perfectionists and Mormons alike—we find this one idea of woman's inferiority, and her creation as a subject of man's passions openly or covertly promulgated.
The Salic law not only denied to women the right to reign, but to the inheritance of houses and lands. One of its famous articles was: "Salic land shall not fall to women; the inheritance shall devolve exclusively on the males." The fact of sex not only prohibited woman's inheritance of thrones and of lands, but there were forms in this law by which a man might "separate himself from his family, getting free from all obligations of relationship and entering upon an entire independence." History does not tell us to what depths of degradation this disseverance of all family ties reduced the women of his household, who could neither inherit house or land. The formation of the Salic code is still buried in the mists of antiquity; it is, however, variously regarded as having originated in the fourth and in the seventh century, many laws of its code being, like English common law, unwritten, and others showing "double origin." But our interest does not so greatly lie in its origin, as in the fact that after the conversion of the Franks to Christianity the law was revised, and all parts deemed inconsistent with this religion were revoked. The restrictions upon woman were retained.
Woman's wrongs under the Reformation, we discover by glancing at different periods. The Cromwellian era exhibited an increase of piety. Puritanism here had its birth, but brought no element of toleration to woman. Lydia Maria Child, in her "History of Woman," says:
Under the Commonwealth society assumed a new and stern aspect. Women were in disgrace; it was everywhere reiterated from the pulpit that woman caused man's expulsion from Paradise, and ought to be shunned by Christians as one of the greatest temptations of Satan. "Man," said they, "is conceived in sin and brought forth in iniquity; it was his complacency to woman that caused his first debasement; let him not, therefore, glory in his shame; let him not worship the fountain of his corruption." Learning and accomplishments were alike discouraged; and women confined to a knowledge of cooking, family medicines, and the unintelligible theological discussions of the day.
A writer about this period, said: "She that knoweth how to compound a pudding is more desirable than she who skillfully compoundeth a poem."
At the time of the Reformation, Luther at first continued celibate, but thinking "to vex the Pope," he suddenly, at the age of forty-two, gave his influence against celibacy by marriage with Catherine Von Bora, a former nun. But although thus becoming an example of priestly marriage under the new order of things, Luther's whole course shows that he did not believe in woman's equality with man. He took with him the old theory of her subordination. It was his maxim that "no gown or garment worse becomes a woman than that she will be wise." Although opposing monastic life, the home under the reformation was governed by many of its rules for woman.
First. She was to be under obedience to the masculine head of the household.
Second. She was to be constantly employed for his benefit.
Third. Her society was strictly chosen for her by her master and head.
Fourth. This masculine family head was a general father confessor, to whom she was held responsible in thought and deed.
Fifth. Neither genius nor talent could free woman from such control, without consent.
Luther, though free from the lasciviousness of the old priesthood, was not monogamic in principle. When applied to by the German Elector, Philip,[206] Landgrave of Hesse-Cassel, for permission to marry a second wife, while his first, Margaret of Savoy, was still living, Luther called a synod of six of the principal reformers, who in joint consultation decided that as the Bible nowhere condemned polygamy, and as it had been invariably practiced by the highest dignitaries of the Church, the required permission should be granted. History does not tell us that the wife was consulted in the matter. She was held as in general subordination to the powers that be, as well as in special subordination to her husband; but more degrading than all else is the fact that the doctrine of unchastity for man was brought into the Reformation, as not inconsistent with the principles of the Gospel.[207]
Many Protestant divines have written in favor of polygamy. John Lyser, a Lutheran minister, living in the latter part of the seventeenth century, defended it strongly in a work entitled "Polygamia Triumphatrix." A former general of the Capuchin Order, converted to the Protestant faith, published, in the sixteenth century, a book of "Dialogues in Favor of Polygamy." Rev. Mr. Madan, a Protestant divine, in a treatise called "Thalypthora," maintained that Paul's injunctions that bishops should be the husbands of one wife, signified that laymen were permitted to marry more than one. The scholarly William Ellery Channing could find no prohibition of polygamy in the New Testament. In his "Remarks on the Character and Writings of John Milton," he says: "We believe it to be an indisputable fact, that although Christianity was first preached in Asia, which had been from the earliest days the seat of polygamy, the apostles never denounced it as a crime, and never required their converts to put away all wives but one. No express prohibition of polygamy is found in the New Testament." The legitimate result of such views is seen in Mormonism, the latest Protestant sect, which claims its authority from the Bible as well as from the Book of Mormon. We give the remarks recently made in defence of polygamy by Bishop Lunt of the Mormon Church, to a reporter of The San Francisco Chronicle:
God revealed to Joseph Smith the polygamous system. It is quite true that his widow declared that no such revelation was ever made, but that was because she had lost the spirit. God commanded the human race to multiply and replenish the earth. Abraham had two wives, and the Almighty honored the second one by a direct communication, Jacob had Leah and Zilpah. David had a plurality of wives, and was a man after God's own heart. God gave him Saul's wives, and only condemned his adulteries. Moses, Gideon, and Joshua had each a plurality of wives. Solomon had wives and concubines by hundreds, though we do not believe in the concubine system. We leave that to the Gentiles. Virtue and chastity wither beneath the monogamic institution, which was borrowed from the pagan nations by the early Christians. It was prophesied that in the latter days seven women would lay hold of one man and demand to bear his name, that they might not be held in dishonor. The Protestants and Catholics assail us with very poor grace when it is remembered that the first pillars of the religion they claim to profess were men like the saints of Utah—polygamists. The fact can not be denied. Polygamy is virtually encouraged and taught by example by the Old Testament. It may appear shocking and blasphemous to Gentiles for us to say so, but we hold that Jesus Christ himself was a polygamist. He was surrounded by women constantly, as the Scriptures attest, and those women were His polygamous wives. The vast disparity between the sexes in all settled communities is another argument in favor of polygamy, to say nothing of the disinclination among young male Gentiles to marrying. The monogamic system condemns millions of women to celibacy. A large proportion of them stray from the path of right, and these unfortunates induce millions of men to forego marriage. As I have said, virtue and chastity wither under the monogamic system.
There are no illegitimate children in Utah; there are no libertines; there are no brothels, excepting where the presence of Gentiles creates the demand for them. Even then our people do what they can to root out such places. There is a positive advantage in having more than one wife. It is impossible to find a Gentile home, where comforts and plenty prevail, in which there is only one woman. No one woman can manage a household. She must have assistance. Hence we claim that when a man marries a second wife, he actually benefits the first one, and contributes to her ease, and relieves her of a large burden of care. The duties of the household are divided between the two women, and everything moves on harmoniously and peacefully. The whole thing is a matter of education. A girl reared under the monogamic system may look with abhorrence on ours; our young women do not do so. They expect, when they marry a man, that he will some day take another wife, and they consider it quite natural that he should do so. In wealthy Gentile communities the concubine system largely takes the place of the polygamous system. Any man of intelligence, observation, and travel, knows that such is the case. The fact is ignored by general consent, and little is said about it, and nothing is written about it. It is not regarded as a proper subject of conversation or of publication. How much better to give lonely women a home while they are uncontaminated, and honor them with your name, and perpetually provide for them, and before the world recognize your own offspring! The polygamous system is the only natural one, and the time rapidly approaches when it will be the most conspicuous and beneficent of American institutions. It will be the grand characteristic feature of American society. Our women are contented with it—more, they are the most ardent defenders of it to be found in Utah. If the question were put to a vote to-morrow, nine-tenths of the women of Utah would vote to perpetuate polygamy.
The Mormons claim that polygamy is countenanced by the New Testament as well as by the Old. They interpret Paul's teaching in regard to bishops, while commanding them to marry one wife, as also not prohibiting them from marrying more than one; their interpretation of this passage slightly varying from that of Rev. Mr. Madan.
Rev. C. P. Lyford, of the Methodist Church, long a resident of Utah, in a letter of February 19, 1881, to The Northern Christian Advocate, a Methodist paper published in Syracuse, says:
We read of the stories of India and China, and the wonder of their existence is lost in their antiquity. Mohammedanism, with its 1,200 years of existence, amazes us that it should have obtained such a footing. But here, in our day, surrounded with all the advantages of the nineteenth century, that a people should have come up from nothing; that a man of low family, himself a worthless character, should have come up with a lie in his mouth and a stolen manuscript in his hand, and be found dictating terms to a strong government, and become an absolute despot in a republic, is the most amazing fact of history. It took the Methodist Church forty years to get a membership of 138,000. Mormonism in forty-four years counted 250,000. It seems incredible, nevertheless it is a fact. In this brief space of time it has also been able to nullify our laws, oppose our institutions, openly perpetrate crimes, be represented in Congress, boast of the helplessness of the nation to prevent these things, and give the Church supremacy over the State and the people. Bills introduced in Congress adequate to their overthrow have been year after year allowed to fall to the ground without action upon them.
Our public men can only pronounce against the crime of polygamy; the press can see only polygamy in Utah; the public mind is impressed with only the heinousness of polygamy. Back of polygamy is the tree that produces it and many kindred evils more dear to the Mormon rulers. They do not care for all the sentiment or law against this one fruit of the tree, if the tree itself is left to stand. The tree—the prolific cause of so many and so great evils in Utah, the greatest curse of the territory, the strength of Mormonism, and its impregnable wall of defence against Christianity and civilization, is that arbitrary, despotic, and absolute hierarchy known as the Mormon Priesthood.
Mr. Lyford has partial insight into the truth when he says "back of polygamy is the tree that produces it and many kindred evils"; but in defining that tree as the hierarchy—the priesthood—he has not reached the entire truth. He does not touch the ground which supports the tree. Polygamy is but one development of the doctrine of woman's created inferiority, the constant tendency of which is to make her a mere slave, under every form of religion extant, and of which the complex marriage of the Oneida Community was but another logical result.
When woman interprets the Bible for herself, it will be in the interest of a higher morality, a purer home. Monogamy is woman's doctrine, as polygamy is man's. Backofen, the Swiss jurist, says that the regulation of marriage by which, in primitive times, it became possible for a woman to belong only to one man, came about by a religious reformation, wherein the women, in armed conflict, obtained a victory over men.
In Christian countries to-day, the restrictions on woman in the married relation are much greater than upon man.[208] Adultery, which is polygamy outside of the married relation, is everywhere held as more venial in man than in woman. In England, while the husband can easily obtain a divorce from his wife, upon the ground of adultery, it is almost impossible for the wife to obtain a divorce upon the same ground. Nothing short of the husband's bringing another woman into the house, to sustain wifely relations to him, at all justifies her in proceeding for a separation; and even then, the husband retains control of the wife's property. A trial[209] in England is scarcely ended in which a husband willed his wife's property to his mistress and illegitimate children. The courts not only decided in his favor, but to this legal robbery of the wife, added the insult of telling her that a part of her own money was enough for her, and that she ought to be willing that her husband's mistress and illegitimate children should share it with her.
Milton's "Paradise Lost" is responsible for many existing views in regard to woman. After the Reformation, as women began to waken to literature, came Milton, a patriot of patriots—as patriots were held in those days, a man who talked of liberty for men—but who held man to stand in God's place toward woman. Although it has been affirmed that in his blindness Milton dictated his great epic to his daughters, and a Scotch artist has painted the scene (a picture recently purchased by the Lenox Library), yet this is one of the myths men call history, and amuse themselves in believing. This tale of blind Milton dictating "Paradise Lost" to his daughters, is a trick[210] designed to play upon our sympathies. Old Dr. Johnson said of Milton, that he would not allow his daughters[211] even to learn to write. Between Milton and his wives, we know there was tyranny upon one side and hatred on the other. He could not gain the love of either wife or daughter, and yet he is the man who did so much to popularize the idea of woman's subordination to man. "He, for God; she, for God in him"—as taught in the famous line: "God thy law, thou mine."
That the clerical teaching of woman's subordination to man was not alone a doctrine of the dark ages, is proven by the most abundant testimony of to-day. The famous See trial of 1876, which shook not only the Presbytery of Newark, but the whole Synod of New Jersey, and finally, the General Presbyterian Assembly of the United States, was based upon the doctrine of the divinely appointed subordination of woman to man, and arose simply because Dr. See admitted two ladies[212] to his pulpit to speak upon temperance; which act, Rev. Dr. Craven, the prosecutor, declared to have been "an indecency in the sight of Jehovah." He expressed the general clerical and Church view, when he said:
I believe the subject involves the honor of my God. I believe the subject involves the headship and crown of Jesus. Woman was made for man and became first in the transgression. My argument is that subordination is natural, the subordination of sex. Dr. See has admitted marital subordination, but this is not enough; there exists a created subordination; a divinely arranged and appointed subordination of woman as woman, to man as man. Woman was made for man and became first in the transgression. The proper condition of the adult female is marriage; the general rule for ladies is marriage. Women without children, it might be said, could preach, but they are under the general rule of subordination. It is not allowed women to speak in the Church. Man's place is on the platform. It is positively base for a woman to speak in the pulpit; it is base in the sight of Jehovah. The whole question is one of subordination.
Thus, before a large audience composed mainly of women, Dr. Craven stood, and with denunciatory manner, frequently bringing his fists or his Bible emphatically down, devoted a four hours' speech to proving that the Bible taught woman's subordination; one of his statements being that "in every country, under every clime, from the peasant woman of Naples with a handkerchief over her hair, to the women before him with bonnets, every one wore something upon her head in token of her subordination." Dr. Craven's position was fully sustained by many brother clergymen, some of whom enthusiastically shouted "Amen!"
Dr. Ballantine considered the subject too simple for an argument. Dr. Few Smith, although he admired Miss Smiley, more than almost any other orator he had ever listened to, did not want her or any other woman to permanently occupy the Presbyterian pulpit. Dr. Wilson rejoiced to see so many women crowding in the lecture-room; but Brother See should not take all the glory to himself. He was glad to see the women take so deep an interest in the subject under discussion; but as he looked at them he asked himself, "What will all the little children do, while these women are away from home?"[213]
The Christianity of to-day thus continues to teach the existence of a superior and an inferior sex within the Church, possessing different rights, and held accountable to a different code of morals, when even woman's dress is held as typical of her inferiority. Not alone did Dr. Craven express this idea, but the Right Rev. Dr. Coxe refused the sacrament to the lady patients at the Clifton Springs Sanitarium in 1868, whose heads were uncovered. This same Right Rev. Dr. Coxe, in a speech at his installation as first President of Ingham Seminary for young ladies, declared "the laws of God to be plainly Salic."
Rev. Knox-Little, a High-Church clergyman of England, spent a few weeks in the United States during the fall of 1880. In the course of his stay in Philadelphia he preached a "Sermon to Women," in the large church of St. Clements. The following extract from the report in the Times of that city shows its teachings:
"God made himself to be born of a woman to sanctify the virtue of endurance; loving submission is an attribute of woman; men are logical, but women lacking this quality, have an intricacy of thought. There are those who think women can be taught logic; this is a mistake. They can never by any power of education arrive at the same mental status as that enjoyed by men, but they have a quickness of apprehension, which is usually called leaping at conclusions, that is astonishing. There, then, we have distinctive traits of a woman, namely, endurance, loving submission, and quickness of apprehension. Wifehood is the crowning glory of a woman. In it she is bound for all time. To her husband she owes the duty of unqualified obedience. There is no crime which a man can commit which justifies his wife in leaving him or applying for that monstrous thing, divorce. It is her duty to subject herself to him always, and no crime that he can commit can justify her lack of obedience. If he be a bad or wicked man she may gently remonstrate with him, but refuse him never. Let divorce be anathema; curse it; curse this accursed thing, divorce; curse it, curse it! Think of the blessedness of having children. I am the father of many children and there have been those who have ventured to pity me, 'Keep your pity for yourself,' I have replied. 'They never cost me a single pang.' In this matter let woman exercise that endurance and loving submission which with intricacy of thought are their only characteristics."
Such a sermon as the above, preached to woman, under the fall blaze of nineteenth century civilization, needs few comments. In it woman's inferiority and subordination are as openly asserted as at any time during the dark ages. According to Rev. Knox-Little, woman possesses no responsibility; she is deprived of conscience, intelligent thought, self-respect, and is simply an appendage to man, a thing. As the clergy in the middle ages divided rights into those of persons and things, themselves being the persons, the laity, things, so the Rev. Knox-Little and his ilk of to-day divide the world into persons and things,—men being the persons and women the things.
It should require but little thought upon woman's part to see how closely her disabilities are interwoven with present religious belief as to her inferiority and pre-destined subordination. If she needs aid to thought, the Knox-Littles will help her. Have protests against his blasphemous doctrine been made by his brother clergymen? Not one. Has a single church denied his degrading theory? Not one. He has been allowed in this sermon to stand as the representative, not only of High-Church theology in regard to woman, but as expressing the belief of all churches in her creation and existence as an inferior and appendage to man.
There is scarcely a Protestant sect that has not, within a few years, in some way, placed itself upon record in regard to woman's subordination. The Pan-Presbyterian Council that assembled in Edinburgh a few years since, refused to admit a woman even as a listener to its proceedings, although women constitute at least two-thirds of the membership of that Church. A solitary woman who persisted in remaining to listen to the discussions of this body, was removed by force; "six stalwart Presbyterians" lending their ungentle aid to her ejection. The same Pan-Presbyterian body when in session in Philadelphia in the summer of 1880, laughed to scorn the suggestion of a liberal member, that the status of woman in the Church should receive some consideration. The speaker referred to the Sisters of Charity in the Catholic Church, and to the position of woman among the Quakers; but although the question was twice introduced, it was as often met with derisive laughter, and no action was taken upon it. A vote of the New England Society of Friends at their meeting in Newport, 1878, proves that as liberal as they have been considered toward woman, even they have not in the past held her as upon a plane of perfect equality. This body voted that hereafter "women shall be eligible to office in the management of the Society, shall sign all conveyances of real estate made by the Society, and shall be considered equal to the opposite sex."
The Congregational Church is placed upon record through laws governing certain of its bodies:
"By the word 'church' is meant the adult males duly admitted and retained in the First Evangelical Congregational Church in Cambridgeport, present at any regular meeting of said church and voting by a majority."[214]
In the Unitarian and Universalist churches, which ordain women to preach and administer the ordinances, these women pastors are made to feel that the innovation is not universally acceptable.
The Methodist Church, professing to stand upon a broad basis, still refuses to ordain its most influential women preachers, and, within the year, has even deprived them of license, though one of them[215] has brought more converts to the Church than a dozen of its most influential bishops during the same period. To such bitter lengths has the opposition to woman's ordination been carried, that a certain reverend gentlemen, in debating the subject, declared that he would oppose the admission of the mother of our Lord into the ministry, the debate taking on a most unseemly form. The Syracuse Sunday Morning Courier of March 4, 1877, reported this debate as follows:
WOMEN AS PREACHERS.
The subject of permitting women to preach in Methodist pulpits was incidentally, but rather racily discussed at the Methodist ministers' meeting in New York city a few days since. A Miss Oliver—a more or less reverend lady—had been invited to preach to the ministers at their next meeting, and the question was raised, by what authority she was invited? Thereupon Brother Buckley took the floor and gave expression to his dissent in the following terms:
I am opposed to inviting any woman to preach before this meeting. If the mother of our Lord were on earth I should oppose her preaching here. [Sensation and murmurs of disapproval]. Oh, I do not mind that, I like at the beginning of a speech to find that there are two sides to my question. There is no power in the Methodist Church by which a woman can be licensed to preach; this is history, this is the report made at the last General Conference. It is, therefore, not legal for any quarterly conference to license a woman to preach, nevertheless here is a woman who claims to have such a license, and we are asked to invite her to preach.
A Brother: We have the right!
Brother Buckley: Oh, you have the right to believe the moon is made of green cheese, but yet have no right to commit the ministers of this city on an unsettled Church question. [Laughter and applause]. The tendency of men—now here is a chance to hiss—the tendency of men to endeavor to force female preachers on the Church, and the desire to run after female preachers, is, as Dr. Finney said to the students at Oberlin, an aberration of amativeness. [Roars of laughter and applause]. When men are moved by women, then by men under the same circumstances, it is certainly due to an aberration of amativeness. [Applause and more laughter]. For some time the male and female students at Oberlin used to have their prayer-meetings together, but after a time they divided, and the young men complained to Dr. Finney that the Holy Ghost no longer came with equal force. Dr. Finney said this showed amativeness, or that the men were back-sliding. [Applause].
Brother Dickinson: As to the talk of amativeness, what about our holiness meetings and seaside meetings, where we go to hear woman, and to be moved by her words and her personality? [Applause]. Why are there so many women in the Church? It must be amativeness which urges them to go and hear men preach. [Laughter].
Dr. Roach: If this meeting has any dignity, has any Christian intelligence, has any weight of character, it ought not to take this action. [Laughter]. What wildness, what fanaticism, what strange freaks will we not take on next? [Laughter and applause].
Brother McAllister and others took part in the discussion, and finally, amid cries of "Motion," "Question," points of order, and the utmost confusion, the question was put, and the meeting refused to invite Miss Oliver to preach by a vote of 46 to 38. The result was received with ejaculations of "Amen" and "Thank God" and "God bless Brother Buckley." The Chair announced that Brother Kittrell will preach next Monday on "Entire Satisfaction," and the meeting adjourned.
Miss Oliver appealed to the General Conference of the Methodist Episcopal Church in session in Cincinnati, May, 1880, for full installment and ordination. In this appeal she said:
I am so thoroughly convinced that the Lord has laid commands upon me in this direction, that it becomes with me a question of my own soul's salvation. I have passed through tortures to which the flames of martyrdom would be nothing, for they would end in a day; and through all this time, and to-day, I could turn off to positions of comparative ease and profit. I ask you, fathers and brethren, tell me what you would do in my place? Tell me what you would wish the Church to do toward you, were you in my place? Please apply the golden rule, and vote in Conference accordingly.
As answer to this appeal, and in reply to all women seeking the ministry of that Church, the Conference passed the following resolution:
Resolved, That women have already all the rights and privileges in the Methodist Church that are good for them, and that it is not expedient to make any change in the books of discipline that would open the doors for their ordination to the ministry.[216]
An Episcopal Church Convention meeting in Boston in the summer of 1877, busied itself in preparing canons upon marriage and divorce, thus aiming to reach the finger of the Protestant Church down to a control of this most private family relation. The Diocesan Convention of South Carolina, in the spring of 1878, denied women the right to vote upon Church matters, although some churches in the diocese counted but five male members.
Not alone in her request for ordination has woman met with opposition, but in her effort for any separate church work. The formation of woman's foreign missionary societies was bitterly opposed by the different evangelical denominations, although they have raised more money than the male societies have ever been able to do—even helping them pay old debts—and have reached large classes of their own sex whom the male societies were powerless to touch. By thus supplementing men's work, they have made themselves acceptable.
Not only do councils, convocations, conferences, conventions, synods, and assemblies proclaim woman's inferiority, but Sunday-schools teach the same doctrine. A letter from a correspondent of The National Citizen and Ballot-Box (Syracuse, N. Y.), in August, 1880, said:
Our Sunday-schools here have just finished the lesson on the creation and fall of man, and those of us who are capable of feeling, felt keenly the thrusts at woman for her infidelity to God's laws, and her overpowering influence in dragging man from his exalted position in life into a bondage of sin and death, and that she is to be held responsible for all the accumulated sins of the ages. One man said that "had not Eve been lurking around where she had no business, the devil would never have tempted her." Another said, "Had it not been for woman, we might to-day be living in ease and splendor," and I listened to hear them say the fallen angel was a woman.
This same doctrine is taught in the public schools. The Republican, of Havre de Grace, Maryland, in its issue of August 6, 1880, gave the following report of a speech at that time:
Thus spoke Master Showell at the Berlin (Wicomico County) High-School commencement: "By woman was Eden lost and man cursed. If you trust her, give up all hopes of heaven. She can not love, because she is too selfish. She may have a fancy, but that is fleeting. Her smiles are deceit; her vows are traced in sand. She is a thread of candor with a web of wiles. Her charity is hypocrisy; she is deception every way—hair, teeth, complexion, heart, tongue, and all. Oh, I hate you, ye cold composition of art!"
Sermons are frequently preached in opposition to woman's demand for equality of right in Church and State. On the Sunday following the Thirtieth Anniversary Woman Suffrage Convention, held in Rochester, 1878, the Rev. A. H. Strong, D.D., President of the Baptist Theological Seminary of that city, preached upon "Woman's Place and Work," saying:
In the very creation of mankind in the garden of beauty, God ordained the subordination of woman.
This president of a theological seminary, where Christian theology is taught to embryo Christian ministers, said that woman's subordination would be most perfectly seen in the "Christian humility and gentleness and endurance of her character, and in her indisposition to assume the place or do the work of man," forgetting, apparently, that subordination, humility, and endurance are precisely the qualities which tend to destroy nobleness of character.
The sermon was especially directed against the following resolutions of this Convention, which throughout the country met much clerical criticism and opposition:
Resolved, That as the duty of every individual is self-development, the lessons of self-sacrifice and obedience taught women by the Christian Church have been fatal, not only to her own highest interests, but through her have also dwarfed and degraded the race.
Resolved, That the fundamental principle of the Protestant Reformation, the right of individual conscience and judgment in the interpretation of Scripture, heretofore conceded to and exercised by man alone, should now be claimed by woman, and that in her most vital interests she should no longer trust authority, but be guided by her own reason.
Resolved, That it is through the perversion of the religious element in woman, cultivating the emotions at the expense of her reason, playing upon her hopes and fears of the future, holding this life, with all its high duties, forever in abeyance to that which is to come, that she, and the children she has trained, have been so completely subjugated by priestcraft and superstition.
Professor Christlieb, a distinguished German clergyman who was in attendance upon the Evangelical Alliance in New York, a few years since, expressed severe condemnation of the marriage relation as he saw it in this country. His criticism is a good exemplification of the general religious view taken of woman's relation to man. After his return to Germany, a young American student called, it is related, upon the professor with a note of introduction, and was cordially received by the German, who, while he praised this country, expressed much solicitude about its future. On being asked his reasons, he frankly expressed his opinion that "the Spirit of Christ" was not here, and proceeded to illustrate his meaning. He seriously declared that on more than one occasion he had heard an American woman say to her husband, "Dear, will you bring me my shawl?" and the husband had brought it! Worse than this, he had seen a husband, returning home at evening, enter the parlor where his wife was sitting—perhaps in the very best chair in the room—and the wife not only did not go and get his slippers and dressing-gown, but she even remained seated, and left him to find a chair as he could. In the view of this noted German clergyman, the principles of the wife's equality with the husband, as shown in the American home, is destructive of Christian principles.[217]
Clerical action to-day, proves woman to hold the same place in the eyes of the Church that she did during the dark ages. Woman is as fully degraded, taking into consideration our civilization, as she ever was. The form alone has changed. She is no longer burned at the stake as a witch; she is no longer prostituted to feudal lords. The age has outgrown a belief in the supernatural, and feudalism is dead; yet the same principle which degraded her five hundred or a thousand years since, still exists, even though its manifestation is not the same. The feminine principle is still looked upon as secondary and inferior,[218] though all the facts of nature and science prove it to extend throughout creation.
It is through the Church idea of woman that the press of the world is filled with scandals like the one that recently agitated the Romish Church, in which the dead Cardinal Antonelli's name was bandied about in courts of law. It is through Church interpretation of woman's position that the suit of his putative daughter, the Countess Lambertina, for his property, was decided against her on the ground that she was "a sacrilegious child." The person who commits sacrilege steals sacred things. "Sacrilegious" means violating sacred things. "A sacrilegious child" is a child who "violated sacred things" by coming into existence. Her father was holy; he did not violate holy things when he violated and ruined a woman's life. He committed no sacrilege in the eyes of the Church. His sin was nothing; but the unfortunate result of his sin was a violation of holy things by the mere fact of her coming into existence. What irony of all that is called holy!
It is because the Church has taught that woman was created solely for man, that in tearing asunder a recent will in New York, it was proven that the husband, indebted though he was to his wife for the beginning of his vast fortune, incarcerated her while sane in a lunatic asylum, because she objected to his practical polygamy by his introduction of a mistress into the family.
Political despotism has now its strongest hold in the theory of woman's created subordination. Woman has been legislated for as a class, and not as a human being upon a basis of equality with man, but as an inferior to whom a different code was applicable.
Our recent Secretary of State, William M. Evarts, when counsel in the Beecher-Tilton trial, defined woman's legal and theological position as that of subordination to man, declaring that notwithstanding changing customs and the amenities of modern life, women were not free, but were held in the hollow of man's hand, to be crushed at his will.
Then Mr. Evarts read from various legal authorities instances and opinions bearing upon the subjugation of weak wives by strong husbands, the gist of them being that confessions of guilt obtained by such husbands from such wives are not entitled to great weight. He continued:
RECOGNIZING THE PRINCIPLES OF MARRIAGE.
This institution of marriage, framed in our nature, built up in our civilization, studied, contemplated, understood by the jurisprudence of ages, is a solid and real institution, and for its great benefits, and as a necessary part of them, it carries not only the fact of the wife's subordination to the husband, but of the merciful interpretation of that subordination[219] which sensible, instructed men ever accord in practical life, and which the judges pronounce from the bench, and the juries confirm by their verdicts. Now, gentlemen, you may think that is our advanced civilization, when so much of independence is assumed for women, and such entire equality is accorded to them in feeling and in sentiment by their husbands and by the world, that the old rule of the common law interpreting this institution of marriage, by which a wife was never held responsible to the law, or subject to punishment for any crime committed in the presence or under the influence of her husband, was one of those traits of human nature belonging to ruder ages and to past times; but, gentlemen, in our own Court of Appeals, and in the highest tribunals of England, within the last few years, there is an explicit recognition of these principles.
Mr. Evarts cited an English case in which a wife, who participated in a robbery under the guidance of her husband, was acquitted on the ground that she was irresponsible; and he added an argument that the principle of law involved was correct. Then he called attention to a recent case in this State, which he held was a confirmation of the same sound theory.
The teachings of the Church that it was sinful for woman to use her own reason, to think for herself, to question authority, thus fettering her will, together with a false interpretation of Scripture, have been the instruments to hold her, body and soul, in a slavery whose depths of degradation can never be fathomed, whose indescribable tortures can never be understood by man.
Not only has woman suffered in the Church, in society, under the laws, and in the family by this theological degradation of her sex, but in science and literature she has met a like fate. Hypatia, who succeeded her father, Theon, in the government of the Alexandrian school, and whose lectures were attended by the wisest men of Europe, Asia, and Africa, was torn in pieces by a Christian mob afraid of her learning.
A monument erected to Catherine Sawbridge Macaulay, as "Patroness of Liberty," was removed from the Church by order of its rector. Harriet Martineau met the most strenuous opposition from bishops in her effort to teach the poor; her day-schools and even her Sunday-schools were broken up by clerical influence. Madam Pepe-Carpentier, founder of the French system of primary instruction, of whom Froebel caught his kindergarten idea, found her labors interrupted, and her life harassed by clerical opposition.
Mary Somerville, the most eminent English mathematician of this century, was publicly denounced in church by Dean Cockburn, of York; and when George Eliot died a few weeks since, her lifeless remains were refused interment in Westminster Abbey, where so many inferior authors of the privileged sex lie buried; the grave even not covering man's efforts toward the degradation of woman.
When Susannah Wesley dared to conduct religious services in her own house, and to pray for the king, contrary to her husband's wishes, he separated from her in consequence. The husband of Annie Besant left her because she dared to investigate the Scriptures for herself, and was sustained by the courts in taking from her the control of her little daughter, simply because the mother thought best not to train her in a special religious belief, but to allow her to wait until her reason developed, that she might decide her religious views for herself. A woman writing in the "Woman's Kingdom" department of The Chicago Inter-Ocean, says:
The orthodox Church has been almost suicidal in its treatment of women (and I write as one whose name still stands on the membership list of the Presbyterian Church). Persons who have not walked with wounded, lacerated hearts through the terrible realities, can form no idea of the suffering occasioned young women whose conscience summoned them to speak for temperance and woman suffrage, by the persecutions encountered in the Church. We have known clergymen come straight from the pulpit where they have talked eloquently of "moral courage," of the heroism of Martin Luther and Calvin and Wesley, and even of Garrison and Harriet Beecher Stowe, to meet with a sneer some brave young woman, who, with the same moral courage was proclaiming the truth as revealed unto her. Our young women have been denied admittance into theological schools; they have been compelled to go out into the by-ways and hedges; they have been persecuted for righteousness' sake. The Church has decreed that two-thirds of its members shall be governed by the masculine one-third; but despite this decision, woman will preach and the world will listen.
Not only has woman recognized her own degradation, but the largest-hearted men have also seen it. Thomas W. Higginson, in an address at the anniversary of the Young Men's Christian Union, in New York City, as long ago as 1858, in an address upon women in Christian civilization, said:
No man can ever speak of the position of woman so mournfully as she has done it for herself. Charlotte Bronté, Caroline Norton, and indeed the majority of intellectual women, from the beginning to the end of their lives, have touched us to sadness even in mirth, and the mournful memoirs of Mrs. Siddons, looking back upon years when she had been the chief intellectual joy of English society, could only deduce the hope, "that there might be some other world hereafter, where justice would be done to woman."
The essayist, E. P. Whipple, in a recent speech before the Papyrus Club of Boston, said of George Eliot:
The great masculine creators and delineators of human character, Homer, Cervantes, Shakespeare, Göethe, Scott, and the rest, cheer and invigorate us even in the vivid representation of our common humanity in its meanest, most stupid, most criminal forms. Now comes a woman endowed not only with their large discourse of reason, their tolerant views of life, and their intimate knowledge of the most obscure recesses of the human heart and brain, but with a portion of that rich, imaginative humor which softens the savageness of the serious side of life by a quick perception of its ludicrous side, and the result of her survey of life is, that she depresses the mind, while the men of genius animate it, and that she saddens the heart, while they fill it with hopefulness and joy. I do not intend to solve a problem so complicated as this, but I would say, as some approach to an explanation, that this remarkable woman was born under the wrath and curse of what our modern philosophers call "heredity." She inherited the results of man's dealings with woman during a thousand generations of their life together.
Contempt for woman, the result of clerical teaching, is shown in myriad forms. Wife-beating is still so common, even in America, that a number of the States have of late introduced bills especially directed to the punishment of the wife-beater. Great surprise is frequently shown by these men when arrested. "Is she not my wife?" is cried in tones proving the brutal husband had been trained to consider this relationship a sufficient justification for any abuse.
In England, wives are still occasionally led to the market by a halter around the neck to be sold by the husband to the highest bidder.[220] George Borrow, in his singular narrative, "The Rommany Rye," says:
The sale of a wife with a halter around her neck is still a legal transaction in England. The sale must be made in the cattle market, as if she were a mare, "all women being considered as mares by old English law, and indeed called 'mares' in certain counties where genuine old English is still preserved."
It is the boast of America and Europe that woman holds a higher position in the world of work under Christianity than under pagandom. Heathen treatment of woman in this respect often points the moral and adorns the tale of returned missionaries, who are apparently forgetful that servile labor[221] of the severest and most degrading character is performed by Christian women in highly Christian countries. In Germany, where the Reformation had its first inception, woman carries a hod of mortar up steep ladders to the top of the highest buildings; or, with a coal basket strapped to her back, climbs three or four flights of stairs, her husband remaining at the foot, pipe in mouth, awaiting her return to load the hod or basket, that she may make another ascent, the payment for her work going into the husband's hands for his uncontrolled use. Or mayhap this German wife works in the field harnessed by the side of a cow, while her husband-master holds the plough and wields the whip. Or perhaps, harnessed with a dog, she serves the morning's milk, or drags her husband home from work at night.
In France women act as porters, carrying the heaviest burdens and performing the most repulsive labors at the docks, while eating food of so poor a quality that the lessening stature of the population daily shows the result. In Holland and Prussia women drag barges on the canal, and perform the most repulsive agricultural duties. On the Alps[222] husbands borrow and lend their wives, one neighbor not scrupling to ask the loan of another's wife to complete some farming task, which loan is readily granted, with the understanding that the favor is to be returned in kind. In England, scantily clothed women work by the side of nude men in coal pits, and, harnessed to trucks, perform the severe labor of dragging coal up inclined planes to the mouth of the pit, a work testing every muscle and straining every nerve, and so severe that the stoutest men shrink from it; while their degradation in brick-yards and iron mines has commanded the attention of philanthropists and legislators.[223]
A gentleman recently travelling in Ireland blushes for his sex when he sees the employments of women, young and old. They are patient drudges, staggering over the bogs with heavy creels of turf on their backs, or climbing the slopes from the seashore, laden like beasts of burden with the heavy sand-dripping seaweed, or undertaking long journeys on foot into the market towns, bearing weighty hampers of farm produce. In Montenegro, women form the beasts of burden in war, and are counted among the "animals" belonging to the prince. In Italy, that land which for centuries led the world in art, women work in squalor and degradation under the shadow of St. Peter's and the Vatican for four-pence a day; while in America, under the Christianity of the nineteenth century, until within twenty years, she worked on rice and cotton plantations waist-deep in water, or under a burning sun performed the tasks demanded by a cruel master, at whose hands she also suffered the same kind of moral degradation exacted of the serf under feudalism. In some portions of Christendom the "service"[224] of young girls to-day implies their sacrifice to the Moloch of man's unrestrained passions.
Augustine, in his work, "The City of God," taunts Rome with having caused her own downfall. He speaks of her slaves, miserable men, put to labors only fit for the beasts of the field, degraded below them; their condition had brought Rome to its own destruction. If such wrongs contributed to the overthrow of Rome, what can we not predict of the Christian civilization which, in the twentieth century of its existence, degrades its Christian women to labors fit only for the beasts of the field; harnessing them with dogs to do the most menial labors; which drags them below even this, holding their womanhood up to sale, putting both Church and State sanction upon their moral death; which, in some places, as in the city of Berlin, so far recognizes the sale of women's bodies for the vilest purposes as part of the Christian religion, that license for this life is refused until they have partaken of the Sacrament; and which demands of the "10,000 licensed women of the town" of the city of Hamburg, certificates showing that they regularly attend church and also partake of the sacrament?
A civilization which even there has not reached its lowest depths, but which has created in England, as a result of its highest Christian civilization, a class of women under the protection of the State, known as "Queen's women," or "Government women," with direct purpose of more fully protecting man in his departure from the moral law, and which makes woman the hopeless slave of man's lowest nature; a system not confined to England, but already in practice in France, in Italy, in Switzerland, in Germany, and nearly every country in Europe. A system of morality which declares "the necessity" of woman's degradation, and which annually sends its tens of thousands down to a death from which society grants no resurrection.
In a letter to the National Woman's Suffrage Convention, held at St. Louis, May, 1879, upon this condition of Licensed Vice, from Josephine E. Butler, Hon. Secretary of the Federation and the Ladies' National Association for the Protection of Women; a society which has its branches over Europe, and has for years been actively at work against this last most hideous form of slavery for women, Mrs. Butler says:
England holds a peculiar position in regard to the question. She was the last to adopt this system of slavery, and she adopted it in that thorough manner which characterizes the actions of the Anglo-Saxon race. In no other country has prostitution been regulated by law. It has been understood by the Latin races, even when morally enervated, that the law could not without risk of losing its majesty and force sanction illegality and violate justice. In England alone the regulations are law.
This legalization of vice, which is the endorsement of the "necessity" of impurity for man and the institution of the slavery of woman, is the most open denial which modern times have seen of the principle of the sacredness of the individual human being. An English high-class journal dared to demand that women who are unchaste shall henceforth be dealt with "not as human beings, but as foul sewers," or some such "material nuisance" without souls, without rights, and without responsibility. When the leaders of public opinion in a country have arrived at such a point of combined skepticism and despotism as to recommend such a manner of dealing with human beings, there is no crime which that country may not presently legalize, there is no organization of murder, no conspiracy of abominable things that it may not, and in due time will not—have been found to embrace in its guilty methods. Were it possible to secure the absolute physical health of a whole province or an entire continent by the destruction of one, only one poor and sinful woman, woe to that nation which should dare, by that single act of destruction, to purchase this advantage to the many! It will do it at its peril. God will take account of the deed not in eternity only, but in time, it may be in the next or even in the present generation.
The fact of governments lending their official aid to the demoralization of woman by the registration system, shows an utter debasement of law. This system is directly opposed to the fundamental principle of right, that of holding the accused innocent until proven guilty, which until now has been recognized as a part of modern law. Under the registration or license system, all women within the radius of its action are under suspicion; all women are held as morally guilty until they prove themselves innocent. Where this law is in force, all women are under an irresponsible police surveillance, liable to accusation, arrest, examination, imprisonment, and the entrance of their names upon the list of the lewd women of a town. Upon this frightful infraction of justice, we have the sentiments of Sheldon Amos, Professor of Jurisprudence in the Law College of London University. In "The Science of Law," he says, in reference to this very wrong:
The loss of liberty to the extent to which it exists, implies a degradation of the State, and, if persisted in, can only lead to its dissolution. No person or class of persons must be under the cringing fear of having imputed to them offences of which they are innocent, and of being taken into custody in consequence of such imputation. They must not be liable to be detained in custody without so much as a prima facie case being made out, such as in the opinion of a responsible judicial officer leaves a presumption of guilt. They must not be liable to be detained for an indefinite time without having the question of their guilt or innocence investigated by the best attainable methods. When the fact comes to be inquired into, the best attainable methods of eliciting the truth must be used. In default of any one of these securities, public liberty must be said to be proportionately at a very low ebb.
Great effort has been made to introduce this system into the United States, and a National Board of Health, created by Congress in 1879, is carefully watched in its action, lest its irresponsible powers lead to its encroachment upon the liberties and personal rights of woman. A resolution adopted March 2, 1881, at a meeting of the New York Committee appointed to thwart the effort to license vice in this country, shows the need of its watchful care.
Resolved, That this committee has learned with much regret and apprehension of the action of the American Public Health Association, at its late annual meeting in New Orleans, in adopting a sensational report commending European governmental regulation of prostitution, and looking to the introduction in this country, with modifications, through the medium of State legislative enactments and municipal ordinances, of a kindred immoral system of State-regulated social vice.
From all these startling facts in Church and State we see that our government and religion are alike essentially masculine in their origin and development. All the evils that have resulted from dignifying one sex and degrading the other may be traced to this central error: a belief in a trinity of masculine Gods in One, from which the feminine element is wholly eliminated.[225] And yet in the Scriptural account of the simultaneous creation of man and woman, the text plainly recognizes the feminine as well as the masculine element in the Godhead, and declares the equality of the sexes in goodness, wisdom, and power. Genesis i. 26, 27: "And God said: let us make man in our own, image, after our own likeness.... So God created man in His own image; in the image of God created He him; male and female created He them.... And gave them dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth."
While woman's subordination is taught as a Scriptural doctrine, the most devout and learned biblical scholars of the present day admit that the Bible has suffered many interpolations in the course of the centuries. Some of these have doubtless occurred through efforts to render certain passages clearer, while others have been forged with direct intention to deceive. Disraeli says that the early English editions contain 6,000 errors, which were constantly introduced, and passages interpolated for sectarian purposes, or to sustain new creeds. Sometimes, indeed, they were added for the purpose of destroying all Scriptural authority by the suppression of texts. The Church Union says of the present translation, that there are more than 7,000 variations from the received Hebrew text, and more than 150,000 from the received Greek text.
These 7,000 variations in the Old Testament and 150,000 in the New Testament, are very significant facts. The oldest manuscripts of the New Testament are the Alexandrine Codex, known since the commencement of the seventeenth century, and believed to date back to the middle of the fifth century, the Sinaitic, and the Vatican Codices, each believed to have been executed about the middle of the fourth century. The Sinaitic Codex was discovered by Professor Tischendorf, a German scholar, at a monastery upon Mt. Sinai, in fragments, and at different periods from 1848 to 1859, a period of eleven years elapsing from his discovery of the first fragment until he secured the last one. The Vatican Codex has been in the Vatican library since its foundation, but it has been inaccessible to scholars until very recently. It is not known from whence it came or by whom executed, but is deemed the oldest and most authentic copy of the Bible extant. As these oldest codices only date to the middle of the fourth century, we have no record of the New Testament, in its present form, for the first three hundred and fifty years of this era.
A commission of eminent scholars has been engaged for the past eleven years upon a revision of the Bible. The New Testament portion is now about ready for the public, but so great and so many are its diversities from the old version, that it is prophesied the orthodox church will be torn by disputes between adherents of the old and the new, while those anxious for the truth, touch where it may, will be honestly in doubt if either one is to be implicitly trusted. Various comments and inquiries in regard to this revision have already appeared in the press.[226] The oldest codices do not contain many texts we have learned to look upon as especially holy. Portions of the Sermon on the Mount are not in these old manuscripts, a proof of their interpolation to serve the purpose of some one at a later date. In the same way additions have been made to the Lord's Prayer. Neither of these manuscripts contain the story of the woman taken in adultery, as narrated John viii. 1-11, so often quoted as proof of the divine mercy of Jesus. A letter upon this so long accepted story, from the eminent scholar, Howard Crosby, D.D., LL.D., a member of the revisory commission, will be read with interest:
Mrs. M. J. Gage:
Dear Madame:—The passage in John viii. 1-11, is not in the Alexandrian, nor is it in the Sinaitic, Vatican, and Ephraim Codices. It is found in twelve uncials (though marked doubtful in five of these) and in over 300 cursives.
Yours very truly,
Howard Crosby.
116 East 19th, N. Y., March 14, '81.
The world still asks, What is Truth? A work has recently been published entitled, "The Christian Religion to a.d. 200." It is the fruit of several-years' study of a period upon which the Church has but little record. It finds no evidence of the existence of the New Testament in its present form during that time; neither does it find evidence that the Gospels in their present form date from the lives of their professed authors. All Biblical scholars acknowledge that the world possesses no record or tradition of the original manuscripts of the New Testament, and that to attempt to reestablish the old text is hopeless. No reference by writers to any part of the New Testament as authoritative is found earlier than the third century (a.d. 202). The first collection, or canon, of the New Testament was prepared by the Synod or Council of Laodicea in the fourth century (a.d. 360). It entirely omitted the Book of Revelation from the list of sacred works. This book has met a similar fate from many sources, not being printed in the Syriac Testament as late as 1562.
Amid this vast discrepancy in regard to the truth of the Scriptures themselves; with no Hebrew manuscript older than the twelfth century; with no Greek one older than the fourth; with the acknowledgment by scholars of 7,000 errors in the Old Testament, and 150,000 in the New; with assurance that these interpolations and changes have been made by men in the interest of creeds, we may well believe that the portions of the Bible quoted against woman's equality are but interpolations of an unscrupulous priesthood, for the purpose of holding her in subjection to man.
Amid this conflict of authority over texts of Scripture we have been taught to believe divinely inspired, destroying our faith in doctrines heretofore declared essential to salvation, how can we be sure that the forthcoming version of the Bible from the masculine revisers of our day will be more trustworthy than those which have been accepted as of Divine origin in the past?
This chapter is condensed from the writer's forthcoming work, "Woman, Church, and State."