Mr. President and Gentlemen—We come before you as a committee appointed by the Woman Suffrage Association to memorialize your honorable body in behalf of the women of Indiana. We ask you to take the necessary steps to so amend the State constitution as to secure to women the right of suffrage. We believe the extension of the full rights of citizenship to all the people of the State, is in accordance with the fundamental principles of a just government. We believe that as woman has an equal interest with man in all public questions, she should therefore have an equal voice in their decision. We believe that as woman's life, prosperity and happiness are equally dependent upon the order and morality of society, she should have an equal voice in the laws regulating her surroundings. We believe that as woman is human, she has human needs and rights, and as she is held responsible to law, she should have an equal voice in electing her law-makers.
We believe that the interests of man and woman are equally improved in securing to both equal education, a place in the trades and professions, equal honor and dignity everywhere; and as the first step to this end is equality before the law, we, your petitioners, ask that you extend to the women of Indiana the right of suffrage, and thus enable one-half the citizens of the State to protect themselves in their most sacred rights.
Resolved, First—That reposing trust in the people as the fountain of power, we demand that the pending amendments to the constitution shall be agreed to and submitted by the next legislature to the voters of the State for their decision thereon. These amendments were not partisan in their origin, and are not so in character, and should not be made so in voting upon them. Recognizing the fact that the people are divided in sentiment in regard to the propriety of their adoption or rejection, and cherishing the right of private judgment, we favor the submission of these amendments at a special election, so that there may be an intelligent decision thereon, uninfluenced by partisan issues.
An act to enlarge the Legal Capacity of Married Women whose Husbands are Insane, and to enable them to Contract as if they were Unmarried.
Section 1. Be it enacted by the General Assembly of the State of Indiana: That all married women, or those who may hereafter be married, whose husbands are or may be insane, are, during the continuance of such insanity, hereby enabled and authorized to make and to execute all such contracts, and to be contracted with in relation to their separate property, as they could if they were unmarried, and they may sue and be sued as if they were sole.
Section 1. Be it enacted by the General Assembly of Indiana: That in cases where the guardian of any person of unsound mind, under the direction of any court of competent jurisdiction has made, or may hereafter make, sale of any lands of such person of unsound mind, the wife of such person of unsound mind may by her separate deed release and convey all her interest in and title to such land, and her deed so made shall thereafter debar her from all claim to such land, and shall have the same effect on her rights as if her husband had been of sound mind and she had joined with such husband in the execution of such conveyance.
Section 1. Be it enacted by the General Assembly of Indiana: That women are hereby declared to be eligible to any office, the election to which is or shall be vested in the General Assembly of this State; or the appointment to which is or shall be vested in the governor thereof.
Sec. 2. The foregoing shall not include women who shall labor under any disability which may prevent them from binding themselves by an official bond.
An Act concerning Married Women—Approved March 25, 1879:
Sec. 1.—Be it enacted by the General Assembly of the State of Indiana: A married woman may bargain, sell, assign and transfer her separate personal property the same as if she were sole.
Sec. 2.—A married woman may carry on any trade or business, and perform any labor or service on her sole and separate account. The earnings and profits of any married woman accruing from her trade, business, services or labor, other than labor for her husband or family, shall be her sole and separate property.
Sec. 3.—A married woman may enter into any contract in reference to her personal estate, trade, business, labor or service, and the management and improvement of her separate real property, the same as if she were sole; and her separate estate, real and personal, shall be liable therefor on execution or other judicial process.
Sec. 4.—No conveyance or contract made by a married woman for the sale of her lands or any interest therein, other than leases for a term not exceeding three years, and mortgages on lands to secure the purchase money of such lands, shall be valid, unless her husband shall join therein. Provided, however, that if she shall have attempted to convey her real estate or shall have agreed to convey the same, and shall have received the whole or any part of the consideration therefor, the person paying such consideration, or the person for whose benefit the same was paid, shall have the right to sue and recover judgment therefor, and the same may be enforced against the property of such married woman.
Sec. 5.—A married woman shall be bound by the covenants of the title in a deed of conveyance of her real property.
Sec. 6.—A married woman may bring and maintain an action in her own name against any person or body corporate for damages for any injury to her person or character, the same as if she were sole; and the money recovered shall be her separate property, and her husband in such case shall not be liable for costs.
Sec. 7.—Whenever the husband causes repairs or improvements to be made on the real property of the wife, with her knowledge and consent thereto in writing, delivered to the contractor or person performing the labor or furnishing the material, she shall alone be liable for material furnished or labor done.
Sec. 8.—A husband shall not be liable for any debts contracted by the wife in carrying on any trade, labor or business on her sole and separate account, nor for improvements made by her authority on her separate real property.
Sec. 9.—Whenever a judgment is recovered against a married woman, her separate property may be sold on execution to satisfy the same, as in other cases. Provided, however, that her wearing apparel and articles of personal adornment purchased by her, not exceeding two hundred dollars in value, and all such jewelry, ornaments, books, works of art and virtu, and other such effects for personal or household use as may have been given to her as presents, gifts and keep-sakes, shall not be subject to execution. And provided further, that she shall hold as exempt, except for the purchase money therefor, other property to the amount of three hundred dollars to be set apart and appraised in the manner provided by law for exemption of property.
Sec. 10.—A married woman shall not mortgage or in any manner encumber her separate property acquired by descent, devise or gift, as a security for the debt or liability of her husband or any other person.
A married woman may sue alone when: First—The action concerns her own property. Second—When the action is between herself and her husband. But in no case shall she be required to sue or defend by guardian or next friend, unless she be under twenty-one years.
It further enacted, making it section 28, to act 38, that: When a husband or father has deserted his family, or is imprisoned, the wife or mother may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had.
An Act to Authorize the Election of Women to School Offices:
Sec. 1.—Be it enacted by the General Assembly of Indiana, that any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for men, shall be eligible to any office under the general or special school laws of the State.
Sec. 2.—That any woman elected or appointed to any office under the provisions of this act, before she enters upon the discharge of the duties of her office, shall qualify and give bond as required by law; and such bond shall be binding upon her and her securities.
Whoever without cause deserts his wife or children, and leaves wife and child or children as a charge upon any county of this State, shall be fined not more than $100 nor less than $10.
My opinions about woman suffrage, however, date much further back. The subject was first brought to my attention in a brief chapter on the "Political Non-existence of Women," in Miss Martineau's book on "Society in America," which I read in 1847. She there pithily stated the substance of all that has since been said respecting the logic of woman's right to the ballot; and finding myself unable to answer, I accepted it. On recently referring to this chapter I find myself more impressed by its force than when I first read it. * * * My interest in anti-slavery was awakened about the same time, and I regarded it as the previous question, and as less abstract and far more important and absorbing than that of suffrage for women. For the sake of the negro I accepted Mr. Lincoln's philosophy of "one war at a time," though always ready to own and defend my position as to woman's right to the ballot.