The case of the Hon. Mrs. Norton before the English courts, then attracting much attention, was a fair exemplification of the injustice of the law to married women.
Lucy Stone said: I have before me, in a newspaper, a case which shows strongly the necessity for woman's legislating for herself. I mean the case of the Hon. Mrs. Norton, which lately transpired in a court in London, and which fully proves that it is never right for one class to legislate for another. There are, probably, few here who have not been made better and wiser by the beautiful things which have fallen from the pen of that lady. In 1836 her husband obtained a separation from her on the charge of infidelity. Eighteen years of a blameless life since, and the conviction every pure mind must feel, that nothing impure could ever dwell in a mind such as her productions show hers to be, will fully relieve her of any suspicion that she ever was guilty of acts justifying that charge. She was a woman of transcendent abilities; and her works brought her in £1,000 a year—sometimes more, sometimes less. This her husband procured to be paid over to himself, by securing the profits of her copyrights; and this husband allowed her only £400 a year! and, at last, refused to pay her even this sum; so that, for her necessary expenses, she was obliged to go into debt, and her debtors brought a suit against her husband, which was taken into court. In the court she stood before her husband's lawyer, and said to him: "If you are afraid of what I may say, beware how you ask me questions!" Wealth and power were against her, and the lawyer did ask questions which wrung from her what she had concealed for seventeen long years, and the world at last knew how her husband had kept the money she earned by her pen. She stood in court, and said: "I do not ask for rights; I have no rights, I have only wrongs. I will go abroad, and live with my son." Her husband had proposed to take her children from her, but she said: "I would rather starve than give them up." And for a time she did starve. I will read for you her poem of "Twilight," and you will all see what kind of woman has been so wronged, and has so suffered.
That woman, gifted, noble, and wealthy, with such great yearnings in her soul, whose heart was so bound up in her children, was thus robbed not only of her own rights, but also of theirs. Men! we can not trust you! You have deceived us too long! Since this movement began, some laws have been passed, securing to woman her personal property, but they are as nothing in the great reform that is needed. I can tell you a case. A woman married a man, whom she did not love, because he had a fortune. He died, and she married the man whom she loved before her first marriage. He died, too, and the fortune which was hers through her first husband was seized on by the relatives of the second, and she was left penniless in the wide world. Here, as in England, women earn large sums by their literary fame and talents; and I know a man who watches the post-office, and, because the Law gives him the power, secures the letters which contain the wages of his wife's intellectual toil, and pockets them for his own use.
I will conclude by reading a letter from an esteemed friend, Mr. Higginson. It proposes certain questions which I should wish to hear our enemies answer.
Worcester, Sept. 4, 1853.
Dear Friend:—You are aware that domestic duties alone prevent my prolonging my stay in New York during the session of the Woman's Rights Convention. But you know, also, that all my sympathies are there. I hope you will have a large representation of the friends of the great movement—the most important of the century; and that you will also assemble a good many of the opposition during the discussion. Perhaps from such opponents I might obtain answers to certain questions which have harassed my mind, and are the following:
If there be a woman's sphere, as a man's sphere, why has not woman an equal voice in fixing the limits? If it be unwomanly for a girl to have a whole education, why is it not unwomanly for her to have even a half one? Should she not be left where the Turkish women are left? If women have sufficient political influence through their husbands and brothers, how is it that the worst laws are confessedly those relating to female property? If politics are necessarily corrupting, ought not good men, as well as good women, to be exhorted to quit voting?
If, however, man's theory be correct—that none should be appointed jurors but those whose occupations fit them to understand the matters in dispute—where is the propriety of empanneling a jury of men to decide on the right of a divorced mother to her child? If it be proper for a woman to open her lips in jubilee to sing nonsense, how can it be improper for her to open them and speak sense? These afford a sample of the questions to which I have been trying in vain to find an answer. If the reasonings of men on this subject are a fair specimen of the masculine intellect of the nineteenth century, I think it is certainly quite time to call in women to do the thinking.
T. W. Higginson.
Yours, respectfully and cordially,
Miss Lucy Stone.
Matilda Joslyn Gage cited the Convention to a case recently tried before the Court of Common Pleas of New York, as illustrating the husband's ownership of the wife, the Court deciding that the friends of a woman who had "harbored" and detained her from her husband, though with her own consent and desire, should pay him $10,000. He recovered this sum on the principle of ownership; the wife's services were due him, and he recovered their value.
Mrs. Gage also commented on the divorce laws, which she declared were less just in Christian than in Mohammedan countries. In those countries if the husband sues for a divorce he is obliged to restore the dower, but in Christian America the husband not only retains all the property in case he sues for a divorce, but where the wife, being the innocent party, sues, she even then receives neither property nor children, unless by an express decree of the court. She is alike punished, whether innocent or guilty. Mrs. Gage also discussed the question so often put, "What has woman to do with politics?" She said the country must look to women for its salvation.
Sojourner Truth, a tall colored woman, well known in anti-slavery circles, and called the Lybian Sybil, made her appearance on the platform. This was the signal for a fresh outburst from the mob; for at every session every man of them was promptly in his place, at twenty-five cents a head. And this was the one redeeming feature of this mob—it paid all expenses, and left a surplus in the treasury. Sojourner combined in herself, as an individual, the two most hated elements of humanity. She was black, and she was a woman, and all the insults that could be cast upon color and sex were together hurled at her; but there she stood, calm and dignified, a grand, wise woman, who could neither read nor write, and yet with deep insight could penetrate the very soul of the universe about her. As soon as the terrible turmoil was in a measure quelled
She said: Is it not good for me to come and draw forth a spirit, to see what kind of spirit people are of? I see that some of you have got the spirit of a goose, and some have got the spirit of a snake. I feel at home here. I come to you, citizens of New York, as I suppose you ought to be. I am a citizen of the State of New York; I was born in it, and I was a slave in the State of New York; and now I am a good citizen of this State. I was born here, and I can tell you I feel at home here. I've been lookin' round and watchin' things, and I know a little mite 'bout Woman's Rights, too. I come forth to speak 'bout Woman's Rights, and want to throw in my little mite, to keep the scales a-movin'. I know that it feels a kind o' hissin' and ticklin' like to see a colored woman get up and tell you about things, and Woman's Rights. We have all been thrown down so low that nobody thought we'd ever get up again; but we have been long enough trodden now; we will come up again, and now I am here.
I was a-thinkin', when I see women contendin' for their rights, I was a-thinkin' what a difference there is now, and what there was in old times. I have only a few minutes to speak; but in the old times the kings of the earth would hear a woman. There was a king in the Scriptures; and then it was the kings of the earth would kill a woman if she come into their presence; but Queen Esther come forth, for she was oppressed, and felt there was a great wrong, and she said I will die or I will bring my complaint before the king. Should the king of the United States be greater, or more crueler, or more harder? But the king, he raised up his sceptre and said: "Thy request shall be granted unto thee—to the half of my kingdom will I grant it to thee!" Then he said he would hang Haman on the gallows he had made up high. But that is not what women come forward to contend. The women want their rights as Esther. She only wanted to explain her rights. And he was so liberal that he said, "the half of my kingdom shall be granted to thee," and he did not wait for her to ask, he was so liberal with her.
Now, women do not ask half of a kingdom, but their rights, and they don't get 'em. When she comes to demand 'em, don't you hear how sons hiss their mothers like snakes, because they ask for their rights; and can they ask for anything less? The king ordered Haman to be hung on the gallows which he prepared to hang others; but I do not want any man to be killed, but I am sorry to see them so short-minded. But we'll have our rights; see if we don't; and you can't stop us from them; see if you can. You may hiss as much as you like, but it is comin'. Women don't get half as much rights as they ought to; we want more, and we will have it. Jesus says: "What I say to one, I say to all—watch!" I'm a-watehin'. God says: "Honor your father and your mother." Sons and daughters ought to behave themselves before their mothers, but they do not. I can see them a-laughin', and pointin' at their mothers up here on the stage. They hiss when an aged woman comes forth. If they'd been brought up proper they'd have known better than hissing like snakes and geese. I'm 'round watchin' these things, and I wanted to come up and say these few things to you, and I'm glad of the hearin' you give me. I wanted to tell you a mite about Woman's Rights, and so I came out and said so. I am sittin' among you to watch; and every once and awhile I will come out and tell you what time of night it is.
The Times next day commented as follows:
The New York Times, Sept. 9, 1853.
The Row of Yesterday.—Row No. 3 was a very jolly affair, a regular break-down, at the Woman's Convention. The women had their rights, and more beside. The cause was simply that the rowdyish diathesis is just now prevalent. True, a colored woman made a speech, but there was nothing in that to excite a multitude; she did not speak too low to be heard; she did not insult them with improper language; nor did the audience respond at all insultingly. They did not curse, they only called for "half a dozen on the shell." They did not swear, they only "hurried up that stew." They did wrong, however.
If we had our own way every rascally rowdy among them should have Bloomers of all colors preaching at them by the year—a year for every naughty word they uttered, a score of them for every hiss. Out upon the villains who go to any meeting to disturb it. Let anybody who can hire a house and pay for it have his way, and let none be disturbed; the opposers can stay away. But for us, let us be thankful that in such hot weather there is something to amuse us, something to season our insipid dishes, something to spice our dull days with. Mem. It was cooler in the evening.
Caroline M. Severance, of Ohio, presented an argument and appeal based upon the following propositions: That as the manifest dissimilarities which cause the nations of the earth to differ, physically, and in degree of mental and moral development and cultivation, are not found justly to invalidate their claim to a place in the vast brotherhood of man—to fullness of family communion and rights; so there are no radical differences of the sexes in these respects, which can at all impair the integrity of an equal humanity—no sufficient basis for a distinction in so comprehensive a classification.
The fundamental facts and faculties—the higher and more essential attributes which make up the accepted definition of humanity in our day, are identical in both—are no more confined or unduly allotted to one sex than to one nation.
On the broad basis of this philosophy, on the ground of woman's undeniable and equal humanity, proven by the possession of identical human faculties, and equal human needs, we claim for her the recognition of that humanity and its rights—for the freedom, protection, development, and use of those faculties, and the supply of those needs. And we maintain that no accident of sex, no prejudged or proven dissimilarity in degree of physical, mental, or moral endowment, or development, can at all stand in the way of the admission of such just claim; and no denial of such claim but must necessarily be fraught with evil, as subversive of the Creator's economy and design. [Shouts and laughter.]
Rev. John Pierpont, who, for the first time, took part in a Woman's Rights Convention, said: Ladies and gentlemen, a woman, at this hour, occupies the throne of the mightiest kingdom of the globe. Under her sway there are some hundred and fifty millions of the human race. Has she a right to sit there? [Several voices, "No!">[ The vote here is—no; but a hundred and fifty millions vote the contrary. If a woman can thus have the highest right conceded to her, why should not woman have a lower? Therefore, some women have some rights. Is not the question a fair one,—how many women have any rights? And, also, how many rights has any woman? Are not these fair subjects for discussion? I do not come here to advocate any specific right for women; I come merely for the consideration of the question, what right she has. What are the rights which can not rightfully be denied her? Surely, some belong to the sex at large, as part of the great family of man. We lay it, down as the foundation of our civil theory, that man, as man, has, and by nature is endowed with certain natural, inviolable, indefeasible rights; not that men who have attained the age of majority alone possess those rights; not that the older, the young, the fair, or the dark, are alone endowed with them; but that they belong to all. The rights are not of man's giving; God gave them; and if you deny or withhold them, you place yourself in antagonism with your Creator. The more humble and despised is the human being claiming those rights, the more prompt should be the feeling of every manly bosom to stand by that humble creature of God, and see that its right is not withheld from it! Is it a new thing in this country to allow civil rights to a woman?
Susan B. Anthony, who had been a teacher for fifteen years, gave an amusing description of her recent experience in attempting to speak at a teachers' convention. Paulina Wright Davis offered the following resolution:
Resolved, That inasmuch as this great movement is intended to meet the wants, not of America only, but of the whole world, a committee be appointed to prepare an address from this Convention to the women of Great Britain and the continent of Europe, setting forth our objects, and inviting their co-operation in the same.[121]
Wm. Lloyd Garrison: I second the resolution, because it shows the universality of our enterprise. I second it heartily, for it manifests the grandeur of the object we are pursuing. There never yet was a struggle for liberty which was not universal, though, for the time, it might have appeared to be no more than local. If the women of this country have to obtain rights which have been denied them, the women of England, of France, of the world, have to obtain the same; and I regard this as a struggle for the race, sublime as the world itself. It is right that this Convention should address the women of the whole world, in order that they should announce precisely how they regard their own position in the universe of God. What rights they claim are God-given; what rights they possess, and what rights they have still to achieve. It is time that the women of America should ask the women beyond the Atlantic to consider their own condition, and to co-operate with them in the same glorious struggle. There is not an argument that God ever permitted a human being to frame, that can be brought against this cause. This is a free Convention, and we are willing that any man or woman who has aught against its principles, should come here and freely urge it. And yet, with a free platform, where is the human being who cares to argue the question? Where is the man who presents himself decently, and proffers a word of reasonable argument against our cause? I have yet to see that man. Instead, we have blackguardism, defamation, rowdyism, profanity; we have all the indications that hell from beneath is stirred up against this divine Convention, for it is divine—it takes hold of heaven and the throne of God! (Hisses). Hiss, ye serpents! ye have nothing else to offer. There is not one of you to whom God has given a brain to fashion an argument. But it goes on record, and all the journals of this city will themselves bear testimony, that no one takes the platform, like an honest and honorable man, to argue this cause down. Therefore, the whole ground is won, and we stand, as we have stood from the beginning, on the rock of victory.
It was rather singular that in this Convention, so entirely under the control of a mob, that there should be found one man who dared to stand upon the platform and announce that he had been an opponent for ten years, and was connected with a journal which had initiated this mob; and now he desired to give in his adhesion, and to confess his conversion. This was one of the remarkable incidents of the occasion.
Isaac C. Pray said: Until within two years I have been an incessant opponent of the persons on this platform, in a leading journal in this city, which gives the cue to the hisses in that gallery. I have myself given—(applause). Pray spare your plaudits; I do not wish for them. In November, 1851, I retired from that journal, and I have since applied myself to study. This movement, among others, has come under my notice, and I have given it much attention. The result is, that I have entirely changed my opinion with regard to it. I know, not only that my former opinion was wrong, but that this movement is one which you can not stop; it emanates from the Deity himself, whose influence urges man forward on the path of progress. I say to the clergy, if they ignore this movement, they ignore that accountability to the Almighty which they preach. I do not mean to enter into any argument on this subject, but merely wish to say, as each one is accountable for his energies to God, you must go on in this good and holy cause; also, I wish to show that there is such a thing as a man's changing his opinion. This cause has been the butt of all the ridicule I could command. I scoffed at it, in season and out of season. There is not a lady on this platform whom my pen has not assailed; and now I come to make all the reparation in my power, by thus raising my voice on behalf of them and the cause committed to their hands. (Cheers and stamping).