On Friday afternoon and evening quite an excitement took place, which resulted in offering an insult to one of the ablest members of the legislature, but which, while it reflected no dishonor upon the person against whom it was aimed, should cover the perpetrators with lasting shame. We will state briefly the facts as we have heard them.
The bill giving woman the right to vote came up at 11 o'clock, by a special order of the House. A number of ladies entered the hall to listen to the proceedings. General Larimer spoke eloquently and ably in favor of the bill, making, perhaps, the best speech that could be made on that side of the question. On the vote being taken, it stood—ayes 14, nays 11. The bill was then sent to the Council, where it was referred to the Committee on Elections. Its passage by the House of Representatives created a great deal of talk, and several members threatened to resign. At the evening session J. S. Morton, W. E. Moore, A. F. Salisbury and L. L. Bowen came into the House and proposed to present General Larimer with a petticoat, which did not tend much to allay the excitement. The General, of course, was justly indignant at such treatment, as were also the other members. The proposal was characteristic of the prime mover in it, and we are astonished that the other gentlemen named should have been willing to associate themselves with him in offering this indignity to the oldest and most respected member of the body—a man who was elected to the station he has so ably filled by the unanimous vote of the people of Douglas county. General Larimer had a perfect right to advocate or oppose the bill according to his own sense of duty, and any man, or set of men, who would attempt to cast insult or ridicule upon him for so doing, is worthy only of the contempt of decent people. In saying this we, of course, express no opinion on the merits of the bill itself.
The bill granting women the right to vote, which had passed the House, was read the first and second time in the Council and referred to the Committee on Elections, where it now remains for want of time to bring it up again. A gentleman who was opposed to the passage of a bill to locate the seat of justice of Washington county, obtained the floor, and delivered a speech of many hours on some unimportant bill then under consideration, in order to "kill time" and prevent the Washington county bill from coming up. The hour for adjournment sine die arrived before he concluded, and the Woman Suffrage bill, and many others of great importance, remained upon the clerk's table without being acted upon. It is admitted by every one that want of time only defeated the passage of the bill through the Council. The citizens of Nebraska are ready to make a trial of its provisions, which speaks volumes for the intelligence of the free and independent squatters of this beautiful territory.
The day, in my opinion, is not far distant when property qualifications, educational qualifications, and color qualifications, as precedent to the privilege of voting, will be known no more by the American people, but that intelligence and manhood will be the only qualifications necessary to entitle an American citizen to the privilege of an elector.
I should hail with joy a radical change in the rule of suffrage which would give the franchise to intelligence and patriotism wherever found, regardless of the color of the possessor.
We hold that the dogma of partial suffrage is a dangerous doctrine, and contrary to the laws of nature and the letter and spirit of the Declaration of Independence.
Isaac Wiles, William Dailey, George Crow.
[Signed:]
A minority report was brought in by S. M. Curran and Aug. F. Harvey. On its rejection Mr. Harvey introduced this resolution:
Resolved, That we, the members of the House of Representatives, of the legislature of Nebraska, are in favor of impartial and universal suffrage, and believe fully in the equality of all races, colors and sexes at the ballot-box.
The constitution recognizes all persons born within the United States, or naturalized in pursuance of the law, to be citizens, and entitled to the rights of citizenship; and a recent act of congress amends the organization acts of the several territories so as to confer the rights of suffrage upon all citizens except such as are disqualified by reason of crime. Consequently, when congress decrees that we shall not, as a State, deprive citizens of rights already guaranteed to them, it does not transcend its powers, or impose upon us conditions from which we are now exempt.
Hon. Isham Reavis of Falls City, introduced in the Senate January 30, a memorial and joint resolution to congress, on the subject of female suffrage. After the second reading, on motion of Mr. Majors, it was referred to a select committee of bachelors, consisting of Senators Gere, Majors, Porter, and Goodwill, who reported it back without recommendation. It was afterwards considered in committee of the whole, then taken up by the Senate. Reavis moved it be taken up for third reading on the following day. The yeas and nays being demanded the motion was lost by a vote of 6 to 7. On motion of Mr. Stevenson the matter was referred to the Judiciary Committee, with the usual result of neglect and oblivion.
The first work done for woman suffrage in Lincoln was in December, 1870. Mrs. Tracy Cutler stopped when on her way to California, and gave several addresses in Lincoln. Her womanliness and logic won and convinced her hearers, and had a marked effect upon public sentiment. There are men and women to-day in Nebraska who date their conversion to the cause of equal rights from those lectures. Some steps were taken towards organization, but the matter was dropped in its incipient stages. During the same winter Miss Susan B. Anthony lectured in Lincoln, and presented a petition to be signed by women, asking to be allowed to vote under the fourteenth amendment. She also called a meeting of ladies in a hotel parlor and aided in organizing a State suffrage society. Her rare executive ability accomplished what other hands would have failed to do, for the difficulties in the way of such a movement at that early day were great. Lydia Butler, wife of Governor Butler, was elected president, and other representative women filled the various offices, but after a short time it was deemed wise to disband, as circumstances made it impossible to keep up an efficient organization. Time and money were not plentiful with western women, but we did what we could, and sent a petition to the legislature that winter asking a resolution recommending to the coming State convention to omit the word "male" from the constitution. The petition was signed by about 1,000 women, and received respectful attention from the legislature, and speeches were made in its favor by several members. Among others the speaker of the House, F. M. McDougal, favored the resolution. Governor Butler sent a special message with the petition, recommending the passage of the resolution, for which Nebraska women will always honor him.
Next it was thought best to call a convention in the interest of woman suffrage, to be held while the constitutional convention should be in session the coming summer. Two women were commissioned to prepare the call and present it for the signatures of members of the legislature who favored the measure. It was thought this course would give dignity and importance to the call which would secure attention throughout the State. The session of the legislature was very exciting. Intrigue accomplished the impeachment of a high State official, and others were being dragged down. As it neared its close the political cauldron boiled and bubbled with redoubled violence. It was more than any woman dared do to approach it. Were not the political fortunes and the sacred honor (?) of men in jeopardy? Woman's rights sunk into insignificance. We subsided. Our hour had not yet come.
February 4, 1871, Mr. J. C. Myers announced that ladies were in the gallery, and desired to present a petition. A committee was appointed to wait on them. D. J. Quimby introduced a resolution asking an opinion of the attorney-general as to whether in accepting the fourteenth and fifteenth amendments we grant the right of suffrage to women. It was carried, and the memorial, the opinion, and the governor's message were referred to the judiciary committee, which reported through Mr. Galey as follows:
Whereas, The constitution of the State of Nebraska prohibits the women of said State from exercising the right of the elective franchise; and
Whereas, Taxation without representation is repugnant to a republican form of government, and applies to women as well as all other citizens of this State; and
Whereas, All laws which make any distinction between the political rights and privileges of males and females are unbecoming to the people of this State in the year 1871 of the world's progress, and tend only to deprive the latter of the means necessary for their own protection in the various pursuits and callings of life. Therefore be it
Resolved, By the House of Representatives of the State of Nebraska, that the constitutional convention to be begun and holden on the—day of May, 1871, for the purpose of revising and amending the constitution of said State, is hereby most respectfully and earnestly requested to draft such amendment to the constitution of this State as will allow the women thereof to exercise the right of the elective franchise and afford to them such other and further relief as to that honorable body may be deemed wise, expedient and proper; and be it further
Resolved, That said convention is hereby most respectfully and earnestly requested to make such provision (when said amendment shall be submitted to a vote of the people of said State) as will enable the women of Nebraska to vote at said election for the adoption or rejection of the same.
Resolved, Further, that the Secretary of State is hereby instructed to present a copy of this resolution to said convention as soon as the same shall be convened.
Mr. Porter moved the adoption of the report, which was carried by a vote of 19 to 16.[461] In the Senate, March 22, E. C. Cunningham offered the following amendment to the bill providing for calling a constitutional convention:
That the electors of the State be and are hereby authorized and recommended to vote for and against female suffrage at the election for members of the constitutional convention. Provided, That at such election all women above the age of 21 years, possessing the qualifications required of male electors are hereby authorized and requested to vote upon said proposition, and for the purpose of receiving their votes a separate polling place shall be provided.
The amendment was lost by a vote of 6 to 6.[462]
The discussion began with the motion of Mr. I. S. Hascall to strike out "men" and insert "persons" in the clause "All men are by nature free and independent." The motion was lost. General E. Estabrook moved to add "Every human being of full age, and resident for a proper length of time on the soil of the Nation and State, who is required to obey the law, is entitled to a voice in its enactment; and every such person whose property is taxed for the support of the government is entitled to a direct representation in such government." Mr. Hascall moved that "man" be inserted in place of "human being." Mr. E. S. Towle desired to put "male" in the place of "man." General Estabrook, on being asked if his amendment was intended to cover "woman's rights," replied:
I take pleasure in making the amendment because it is a step in the right direction. Justice to woman is the keystone in the arch of the temple of liberty we are now building. That no citizen should be taxed without representation is an underlying principle of a republic and no free government can exist without it.
General Estabrook seems to have stood alone in considering that the principle of impartial suffrage properly belonged to the Bill of Rights. The amendments were lost. When the article on extension of suffrage was under discussion, General Estabrook opened the subject in a comprehensive speech, lasting all one evening and part of the next. He proved that women were citizens, citing the petitions to congress relative to woman's right to vote under the fourteenth and fifteenth amendments, and the reports of the committee thereupon—one in favor and one opposed, but both agreeing that women are citizens. Then he showed what rights they were entitled to as citizens, quoting the Federal Constitution, Bouvier's Institutes and Law Dictionary, James Madison, Paine's Dissertation on the Principles of Government, Otis' Rights of the Colonies, Thomas Jefferson, Benjamin Franklin, and others. Commenting upon these, he set forth that women vote in corporations, administer estates, manage hospitals and rule empires without harm to themselves and with benefit to everybody else. He made a special argument to the Democrats, reviewing the position of some of their leading men, and closed with saying, "This is the most important measure yet considered, because it contains a fundamental principle."
General Strickland then introduced a resolution that an article for woman suffrage should be submitted to the people, that the women should vote separately, and that if a majority of both men and women should be in favor, it should become a law. The member did not move this because he favored the principle, but because he felt sure the women would not vote for it. He could not understand what a woman could possibly want more than she had, having the privileges while man has the drudgery. He closed with the prophecy that in two years not a woman would vote in Wyoming.
General Charles F. Manderson followed. Taking the ground that the members were not in convention to look after the rights of the males only, he said: "Did we recognize the right of all the people to be represented, we should have to-day on this floor some persons sent here to represent the women of our State. Men do not represent women because they are not and cannot be held responsible by them. We have no more right to represent the women here than a man in Iowa has to go to congress and presume to represent Nebraska there." To illustrate the principle General Manderson instanced that in the New York Constitutional Conventions of 1801 and 1821, persons voted for delegates who had not the property qualifications to vote at ordinary elections. Even the black man was represented by delegates for whom he had voted. In presenting a petition from Lincoln with seventy names of women who desired to vote, General Manderson said he had made inquiries, and these were the names of the respectable, influential ladies of Lincoln, sixty-three of whom were married. He then reviewed the history and workings of woman suffrage in Wyoming, furnishing the highest testimony in its favor, and closed as follows:
Mr. Chairman, I envy not the heart or the head of the man, let him occupy what place he may, let him sit in a legislative body or wield the editorial pen, who is so base as to denounce the advocates of this measure as demagogues, and to say that if the right is extended to woman, the low, the miserable, will outnumber at the polls the thousands of virtuous wives throughout this land who advocate this measure; the lie is thrown in his teeth by that noble woman, Mrs. Livermore, who did more service in time of war as a soldier battling for the right than did even my gallant friend, and did far more than myself. She inaugurated and carried in her mighty hand and guided by her mighty brain that Western Ladies' Aid Society, and helped by some means the Western Sanitary Association that did more than 10,000 armed men to suppress the late rebellion. The lie is hurled in the teeth of the vile slanderer by this petition from the honest, virtuous ladies of the city of Lincoln. If we have planted one seed, that will bring forth good fruit, God be thanked for that result.
Mr. Kenaston spoke in favor of the measure, and Judge Moore opposed it in a very witty speech, of which the principal points were that the members were to decide according to expediency, not right; that women had always consented to the government—never trampled the flag in the dust, but always rallied to its support. Judge O. P. Mason followed in opposition, also J. C. Myers, the latter claiming that for twenty years the advocates of woman suffrage have made little, if any, impression on the public mind. E. F. Gray had begun speaking in favor when Victor Vifquain moved the previous question. A lively debate followed this, but it did not prevail. Mr. Mason said: "If we hold the right on this question let us challenge discussion and meet the opposition. It is not a wasted time that sows the seed of truth in the brain." Mr. Manderson urged the number of petitions that had been sent in as a reason for full discussion. R. F. Stevenson said he was opposed to it in every form. A. L. Sprague was against submitting this question at any time, that neither by the laws of God nor of man were women entitled to vote. Seth Robinson would like to hear the social aspects of the question discussed. He said: "I would like, gentlemen, to show whether it would not have a tendency to regenerate our social system and make women as a class more efficient than they are." The motion for the previous question being lost a motion was made to strike out this section. While this was pending General Estabrook insisted that it should be re-committed, saying: "It is the only political question that has essential principle in it. There are not brains enough in this convention to show the justice of taxation without representation. Judge George B. Lake warmly seconded Mr. Estabrook's motion. O. P. Mason wanted the proposition to be submitted to both sexes separately. J. E. Philpott advocated woman suffrage in a comprehensive argument. In closing, he said:
I demand that suffrage shall be extended to females for the reason that they have not adequate representation in the electoral department. As evidence of this I cite the undeniable facts that in this State woman has not fair wages for her work—has not a fair field to work in. The law, with all its freedom, does not place her on the same footing as to property that it does males. She has no voice as an elector in the making of the laws which regulate her marital union, no voice in the laws which sever those ties. The motto of the State is "Equality Before the Law." This can no more be among us with women disfranchised than in our nation all men could be free and equal while there were more than 3,000,000 slaves.
A. J. Weaver spoke in opposition and was followed by Hon. I. S. Hascall, who based his advocacy of the principle on the rights that woman has as an individual:
Because we have started upon the wrong track, because women in the dark ages were in bondage, is no reason, when we have advanced to a higher civilization, that we should continue this barbarous practice. There is a higher point to reach and I want to see the people reach that point. I think that the American people are old enough in experience to bring order out of disorder, and that when the question arises they will meet it in such a way as will be satisfactory to all.
Mr. Stevenson spoke in opposition basing his argument on man's superiority to woman and closed with this remarkable prediction which has probably never been surpassed as a specimen of "spread eagle":
Finally, Mr. President, I really think that if the ballot were placed in the hands of woman the old American eagle that stands with one foot upon the Alleghanies and the other upon the Rockies, whetting his beak upon the ice-capped mountains of Alaska, and covering half the Southern gulf with his tail, will cease to scream and sink into the pits of blackness of darkness amidst the shrieks of lost spirits that will forever echo and reëcho through cavernous depths unknown.
S. P. Majors advocated the measure, and in the course of the discussion, B. I. Hinman offered a burlesque resolution, proposing to change the duties and functions of the sexes by law, and John D. Neligh said:
The gentleman from Otoe (Mr. Mason) will get the commission of the Christian mothers, not against the right of female suffrage, but for universal suffrage. That will be a happy day—a day when we shall shine out as a nation more brightly than any other nation under the sun.[464]