With a spirit of confidence inspired by her victory in New York State, Susan looked forward to the tenth national woman's rights convention in New York City in May 1860. At this convention she reported progress everywhere. Four thousand dollars from the Jackson and Hovey funds had been spent in the successful New York campaign, and similar work was scheduled for Ohio. In Kansas, women had won from the constitutional convention equal rights and privileges in state-controlled schools and in the management of the public schools, including the right to vote for members of school boards; mothers had been granted equal rights with fathers in the control and custody of their children, and married women had been given property rights. In Indiana, Maine, Missouri, and Ohio, married women could now control their own earnings.
"Each year we hail with pleasure," she continued, "new accessions to our faith. Brave men and true from the higher walks of literature and art, from the bar, the bench, the pulpit, and legislative halls are now ready to help woman wherever she claims to stand." She was thinking of the aid given her by Andrew J. Colvin and Anson Bingham of the New York legislature, of the young journalist, George William Curtis, just recently speaking for women, of Samuel Longfellow at his first woman's rights convention, and of the popular Henry Ward Beecher who, just a few months before, had delivered his great woman's rights speech, thereby identifying himself irrevocably with the cause. She announced with great satisfaction the news, which the papers had carried a few days before, that Matthew Vassar of Poughkeepsie had set aside $400,000 to found a college for women equal in all respects to Harvard and Yale.[109]
Progress and good feeling were in the air, and the speakers were not heckled as in past years by the rowdies who had made it a practice to follow abolitionists into woman's rights meetings to bait them. Into this atmosphere of good will and rejoicing, Susan and Elizabeth Stanton now injected a more serious note, bringing before the convention the controversial question of marriage and divorce which heretofore had been handled with kid gloves at all woman's rights meetings, but which they sincerely believed demanded solution.
Divorce had been much in the news because several leading families in America and in England were involved in lawsuits complicated by stringent divorce laws. Invariably the wife bore the burden of censure and hardship, for no matter how unprincipled her husband might be, he was entitled to her children and her earnings under the property laws of most states.
In New York efforts were now being made to gain support for a liberal divorce bill, patterned after the Indiana law, and a variety of proposals were before the legislature, making drunkenness, insanity, desertion, and cruel and abusive treatment grounds for divorce. Horace Greeley in his Tribune had been vigorously opposing a more liberal law for New York, while Robert Dale Owen of Indiana wrote in its defense. Everywhere people were reading the Greeley-Owen debates in the Tribune. Through his widely circulated paper, Horace Greeley had in a sense become an oracle for the people who felt he was safe and good; while Robert Dale Owen, because of his youthful association with the New Harmony community and Frances Wright, was branded with radicalism which even his valuable service in the Indiana legislature and his two terms in Congress could not blot out.
Susan and Mrs. Stanton had no patience with Horace Greeley's smug old-fashioned opinions on marriage and divorce. In fact these Greeley-Owen debates in the Tribune were the direct cause of their decision to bring this subject before the convention, where they hoped for support from their liberal friends. They counted especially on Lucy Stone, who seemed to give her approval when she wrote, "I am glad you will speak on the divorce question, provided you yourself are clear on the subject. It is a great grave topic that one shudders to grapple, but its hour is coming.... God touch your lips if you speak on it."[110]
Neither Susan nor Mrs. Stanton shuddered to grapple with any subject which they believed needed attention. In fact, the discussion of marriage and divorce in woman's rights conventions had been on their minds for some time. Three years before Susan had written Lucy, "I have thought with you until of late that the Social Question must be kept separate from Woman's Rights, but we have always claimed that our movement was Human Rights, not Woman's specially.... It seems to me we have played on the surface of things quite long enough. Getting the right to hold property, to vote, to wear what dress we please, etc., are all to the good, but Social Freedom, after all, lies at the bottom of all, and unless woman gets that she must continue the slave of man in all other things."[111]
Consternation spread through the genial ranks of the convention as Mrs. Stanton now offered resolutions calling for more liberal divorce laws. Quick to sense the temper of an audience, Susan felt its resistance to being jolted out of the pleasant contemplation of past successes to the unpleasant recognition that there were still difficult ugly problems ahead. She was conscious at once of a stir of astonishment and disapproval when Mrs. Stanton in her clear compelling voice read, "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...."[112]