Woman and the Republic / A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost Advocates

by Helen Kendrick Johnson

In the spring of 1854 Miss Anthony and Ernestine Rose presented a petition to the New York Legislature, and the Albany "Argus," of March 4, published a résumé of their appeal. The demands were: That husband and wife should be tenants in common of property, without survivorship, but with a partition on the death of one; that a wife should be competent to discharge trusts and powers the same as a single woman; that the statute in respect to a married woman's property be changed so that her property could descend as though she had been unmarried; that married women should be entitled to execute letters testamentary, and of administration; that married women should have power to make contracts and transact business as though unmarried; that they should be entitled to their own earnings, subject to their proportional liability for support of children; that post-nuptial acquisitions should belong equally to husband and wife; that married women should stand on the same footing as single women, as parties or witnesses in legal proceedings; that they should be sole guardians of the minor children; that the homestead should be inviolable and inalienable for widows and children; that the laws in relation to divorce should be revised, and drunkenness made cause for absolute divorce; that better care should be taken of single women's property, that their rights might not be lost through ignorance; that the preference of males in the descent of real estate should be abolished; that women should exercise the right of suffrage, and be eligible to all offices, occupations, and professions, and to act as jurors; that courts of conciliation should be organized as peacemakers; that a law should be enacted extending the masculine designation in all statutes of the State to females.

I cannot fully understand Miss Anthony's position; but in some notable particulars, not her laws but better ones are in force. When Miss Anthony wrote to inquire who was responsible for repealing an act of 1860 for which she had worked with her well-known zeal, Judge Charles J. Folger replied, in part: "I think—with deference I say it—that you are not strictly accurate in calling the legislation of 1862 a repealing one. In but one thing did it repeal, in the sense of taking away right or power or privilege or freedom that the Act of 1860 gave. On the contrary, in some respects it gave more or greater."

Miss Anthony says, in comment on Judge Folger's letter: "Mr. Folger makes mistakes in regard to the effect of these bills; quite forgetting that the wife has never had an equal right to the joint earnings of the copartnership, as no valuation has ever been placed on her labor in the household, to which she gives all her time, thought, and strength. A law securing to the wife the absolute right to half the joint earnings, and, at the death of the husband, the same control of property and children that he has when she dies, might make some show of justice; but it is a provision not yet on the statute-books of any civilized nation."

If it were to be placed on the statute-book, would not one have to be placed beside it making the wife equally responsible for the support of the husband? The law can only take cognizance of the earnings of that member of the firm who transacts business with the outside world. How the proceeds of mutual labor shall be best made their own is for each husband and wife to settle; it cannot be matter of legislation. It is interesting to think what an increase of domesticity there would be if a business partnership, such as Miss Anthony suggests, were demanded by the statutes. The law, which now lays the whole support on the husband and father, whether the wife and daughter work in the home or not, would make it obligatory for the home partner to give all her time, thought, and strength to labor in the household, in order to bring in her bill for services.

The real test of the working of woman suffrage is to be found in the answer to the question whether better laws have been framed as a consequence?

There has been no advance in legislation in Utah or Wyoming through the action or votes of women. The authorities whom I have consulted do not know of any legislation in Colorado which, can be traced directly to the presence of women in the legislature. Exception may possibly be made in regard to the Age-of-Consent bill, which, in common with nearly all the States, Colorado passed in favor of raising the age. That bill was introduced by a woman member, and was strongly advocated by the others, and it called forth an unwise discussion and a repulsive scene in the House. A great many women have been elected to county offices, in that State, especially those connected with the schools, and those of Clerk and Treasurer. In answer to a question, my correspondent adds: "I do not know of any great improvements of any kind or description in our county affairs that have been made in the past four years."

In Wyoming, where women have voted so many years, less restraint is imposed on liquor-selling than in most of the other States. Divorce is granted for any one of eleven causes, after a residence of but six months. The age of consent was only fourteen years as late as 1890. Gambling is legal; not only do the laws mention many games with cards as lawful, but a statute declares: "No town, city, or municipal corporation in this Territory shall hereafter have power to prohibit, suppress or regulate any gaming-house or game, licensed as provided for in this chapter." "Excusable homicide" is also defined by statute. It is allowable "when committed by accident or misfortune, in the heat of passion or sufficient provocation, or upon a sudden combat; provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner." The laws could hardly have been worse before women voted.

It is matter of surprise to find how generally in Western towns and States in which woman has voted or held office, "Woman has degraded politics, and politics has degraded woman." This is not, to my mind, proof that American women are degenerating, but it suggests that the women who have sought political life are not representative.

Another legal demand very early made by the Suffrage leaders was that for the entrance of women into men's colleges. So far as the State could control this by law, it has done so. Every educational institution that receives State support, from the primary school to the State University, is now open to women. Cornell University, opened in October, 1868, was aided by a State gift of a million acres, and opened its doors to women in April, 1872. In the West, the State Universities would have been closed for lack of pupils, during the war, if women had not attended them.

The New York State Suffrage Association includes in its report of the doings at the Constitutional Convention a report of its legislative work for the twenty-two years of its existence. Of the many petitions presented during those years, but three relate to anything but Suffrage in some form, and these did not originate with the New York Suffrage Association. One of these three related to the bill to secure police matrons in New York City. Work was begun in 1882 and ended in success in 1891, there being strong opposition to it. The act to provide woman physicians for prisons, and one making mother and father joint guardians of children, passed in 1888 and 1892. Three of the Suffrage bills refer to school matters, one of which was successful and two were lost. Five relate to municipal suffrage, all of which were defeated. The remaining sixteen bills were all for full suffrage, were all urged by many speakers, and were all defeated. I give, in closing, Mr. Francis M. Scott's summary of the laws of New York State that relate especially to women and are in force to-day. Much special legislation urged by Suffrage petitions has not been enacted at all, and much has been passed in a different form. Suffragists say that the change of laws constitutes no reason for opposing suffrage, but to my mind it constitutes a most excellent one. What has been done by petition proves the power to do more by the same means, and the fact that much of the best legislation has been against the demand of the Suffragists or in precedence of it, proves that the rights of women are in hands that are capable of meeting fresh interests as they arise.