Now, in the name of the inalienable right of every person to the pursuit of happiness, we have to ask: Are not these women competent to decide for themselves whether their households, their children or their husbands are of more importance than their public duties? And having the best means for deciding this question, have they not the right to decide? Who has the right to pick out the females of a jury and challenge them with the question whether they are not neglecting their households or their husbands? Who challenges a male juror and demands whether he left his family well provided, and his wife well cherished? or if, through his detention in court, the cupboard will be bare, the wife neglected, or the children with holes in their trousers? This is simply the crack of the familiar whip of man's absolute domination over women. It means nothing short of their complete subjection. Not to use rights is to abandon them. There are inconveniences and cares in all possessions; but who argues that therefore they should be abandoned? It would much promote the convenience of man if he would let his political rights and duties be performed by a few willing persons; but he would soon find that he had no rights left.
And what is this family impediment which is thus set up as a female disability? The family obligation is just as strong in man as in woman. It is much stronger, for the manners which compel woman to be the passive waiter on the male providence leave to him the real responsibility. Yet many men forego marriage and homes and children, and nobody imagines that it disqualifies them for public duties. Nobody challenges them as jurors, and demands if they have discharged the family obligation. Rather it is held wise in them to give themselves wholly to their pursuits, without the distraction of conjugal joys, until they have achieved success. Why should the family requirement, which man throws off so easily, be made a yoke for woman? There is something more fundamental than nursing babies or coddling the appetites of husbands. The sentiment, "Give me liberty, or give me death," is the American instinct. Breathes there a woman with soul so dead that she would bring forth slaves? Babes had better not be born if they are not to have their rights. It is the duty of women to first provide the state of freedom for their progeny. Then they may consent to become wives and mothers. Liberty and the exercise of all political rights are so bound together, that to neglect one is to abandon all. Trial by a jury of one's peers is the essential principle of the administration of justice. To be a peer on a jury involves the whole principle of equal rights. To abandon this to man, is to accept subjection to man.
For women to neglect jury duty is to give men the exclusive privilege to judge women, and to abandon the right to be tried by a jury of their peers. How can men justly judge a woman? They cannot have that knowledge of her peculiar physical and mental organization which is requisite to the judgment of motives and temptations. They cannot comprehend the variable moods and emotions, nor the power of her impulses. It is monstrous injustice to judge women by the same rules as men. And men lack that intuitive charity and tender sympathy which women always feel for an exposed, erring sister. Furthermore, many of the crimes of men are against women. How can men appreciate their injury? That which is her ruin, they call, as Anna Dickinson says, sowing their wild oats. How can justice be expected from those who instinctively combine to preserve their privilege to abuse women? For the administration of justice to women who are accused, and to men who have wronged women, judges and jurors of their own sex are indispensable.
Editor Laramie Sentinel: I am pleased to notice your action in printing testimonials of different classes to the influence of woman suffrage in Wyoming. With the apathy of conservatism and prejudice of party spirit arrayed against the idea in America, it is the duty of the residents in Wyoming to note the simple facts of their noted experiment, and lay them before the world for its consideration. I came from the vicinity of Boston, arriving in Laramie two weeks before the first regular election of 1870. I had never sympathized with the extreme theories of the woman's rights platform, to the advocates of which I had often listened in Boston. But I had never been able to learn just why a woman is naturally excluded from the privilege of franchise, and I sometimes argued in favor in lyceum debates. Still the question of her degradation stared me in the face, and I came to Wyoming unsettled in the matter, determined to be an impartial judge. I was early at the polls, but too late to witness the polling of the first female vote—by "Grandma" Swain, a much-esteemed Quaker lady of 75 summers, who determined by her words and influence to rally her sex to defend the cause of morality and justice.
I saw the rough mountaineers maintaining the most respectful decorum whenever the women approached the polls, and heard the timely warning of one of the leading canvassers as he silenced an incipient quarrel with uplifted finger, saying, "Hist! Be quiet! A woman is coming!"
And I was compelled to allow that in this new country, supposed at that time to be infested by hordes of cut-throats, gamblers and abandoned characters, I had witnessed a more quiet election than it had been my fortune to see in the quiet towns of Vermont. I saw ladies attended by their husbands, brothers, or sweethearts, ride to the places of voting, and alight in the midst of a silent crowd, and pass through an open space to the polls, depositing their votes with no more exposure to insult or injury than they would expect on visiting a grocery store or meat-market. Indeed, they were much safer here, every man of their party was pledged to shield them, while every member of the other party feared the influence of any signs of disrespect.
And the next day I sent my impressions to an eastern paper, declaring myself convinced that woman's presence at the polls would elevate the tone of public sentiment there as it does in churches, the social hall, or any other place, while her own robes are unspotted by the transient association with evil characters which she is daily obliged to meet in the street or dry-goods store. My observation at subsequent annual elections has only confirmed my opinion in this respect.
Without reference to party issues, I noticed that a majority of women voted for men of the most temperate habits, thus insuring success to the party of law and order.
After three years' absence from my old home, I could not fail to notice in the elections of 1877 and 1878 that both parties had been led to nominate men of better standing in moral character, in order to secure the female vote.
I confess that I believe in the idea of aristocracy—i. e. "the rule of the best ones"—not by blood or position, but the aristocracy of character, to which our laws point when they declare that prison characters shall not vote.
The ballot of any community cannot rise above its character. A town full of abandoned women would be cursed by the application of woman suffrage.
We need to intrust our State interests to the class most noted for true character. As a class, women are more moral and upright in their character than men. Hence America would profit by their voting.
D. J. Pierce, Pastor Baptist Church.
I return herewith to the House of Representatives, in which it originated, a bill for "An Act to repeal Chapter XXXI. of the Laws of the First Legislative Assembly of the Territory of Wyoming."
I regret that a sense of duty compels me to dissent from your honorable body with regard to any contemplated measure of public policy. It would certainly be more in accordance with the desire I have to secure and preserve the most harmonious relations among all the branches of our territorial government, to approve the bill. A regard, however, for the rights of those whose interests are to be affected by it, and for what I believe to be the best interests of the territory, will not allow me to do so. The consideration, besides, that the passage of this bill would be, on the part of those instrumental in bringing it about, a declaration that the principles upon which the enfranchisement of women is urged are false and untenable, and that our experience demonstrates this, influences me not a little in my present action.
While I fully appreciate the great danger of too much attention to abstract speculation or metaphysical reasoning in political affairs, I cannot but perceive that there are times and circumstances when it is not only proper but absolutely necessary to appeal to principles somewhat general and abstract, when they alone can point out the way and they alone can guide our conduct. So it was when, two years ago, the act which this bill is designed to repeal was presented for my approval. There was at that time no experience to which I might refer and test by its results the conclusions to which the application of certain universally admitted principles led me. In the absence of all such experience I was driven to the application of principles which through the whole course of our national history have been powerfully and beneficially operative in making our institutions more and more popular, in framing laws more and more just and in securing amendments to our federal constitution. If the ballot be an expression of the wish, or a declaration of the will, of the tax-payer as to the manner in which taxes should be levied and collected and revenues disbursed, why should those who hold in their own right a large proportion of the wealth of the country be excluded from a voice in making the laws which regulate this whole subject? If, again, the ballot be for the physically weak a guarantee of protection against the aggression and violence of the strong, upon what ground can the delicate bodily organism of woman be forbidden this shelter for her protection? If, once more, each ballot be the declaration of the individual will of the person casting it, as to the relative merit of opposed measures or men, surely the ability to judge and determine—the power of choice—does not depend upon sex, nor does womanhood deprive of personality. If these principles are too general to be free from criticism, and if this reasoning be too abstract to be always practically applicable, neither the principles nor the reasoning can fail of approbation when contrasted with the gloomy misgivings for the future and the dark forebodings of evils, imaginary, vague and undefined, by dwelling upon which the opponents of this reform endeavor to stay its progress. Aggressive reasoning and positive principles like these must be met with something more than mere doubtful conjectures, must be resisted by something more than popular prejudices, and overthrown—if overthrown at all—by something stronger than the force of inert conservatism; yet what is there but conjecture, prejudice and conservatism opposing this reform? * * * *
The law granting to women the right to vote and to hold office in this territory was a natural and logical sequence to the other laws upon our statute-book. Our laws give to the widow the guardianship of her minor children. Will you take from her all voice in relation to the public schools established for the education of those children? Our laws permit women to acquire and possess property. Will you forbid them having any voice in relation to the taxation of that property? This bill says too little or too much. Too little, if you legislate upon the assumption that woman is an inferior who should be kept in a subordinate position, for in that case the other laws affecting her should be repealed or amended; and too much, if she is, as no one will deny, the equal of man in heart and mind, for in that case we cannot afford to dispense with her counsel and assistance in the government of the territory.
I need only instance section 9 of the school act, which declares that, "In the employment of teachers no discrimination shall be made in the question of pay on account of sex when the persons are equally qualified." What is more natural than that the men who thought that women were competent to instruct the future voters and legislators of our land, should take the one step in advance of the public sentiment of yesterday and give to her equal wages for equal work? And when this step had been taken, what more natural than that they should again move forward—this time perhaps a little in advance of the public sentiment of to-day—and give to those whom they consider competent to instruct voters, the right to vote.
To the statement, so often made, that the law which this bill is intended to repeal was passed thoughtlessly and without proper consideration, I oppose the fact to which I have adverted, that the law perfectly conforms to all the other laws in relation to women upon our statute-book. Studied in connection with the other laws it would seem to have grown naturally from them. It harmonizes entirely with them, and forms a fitting apex to the grand pyramid which is being built up as broadly and as surely throughout all the States of the Union as it has been built up and capped in Wyoming.
The world does not stand still. The dawn of Christianity was the dawn of light for woman. For eighteen centuries she has been gradually but slowly rising from the condition of drudge and servant for man, to become his helpmeet, counselor and companion. As she has been advanced in the social scale, our laws have kept pace with that advancement and conferred upon her rights and privileges with accompanying duties and responsibilities. She has not abused those privileges, and has been found equal to the duties and responsibilities. And the day is not far distant when the refining and elevating influence of women will be as clearly manifested in the political as it now is in the social world.
Urged by all these considerations of right, and justice, and expediency, and the strong conviction of duty, I approved that act of which this bill contemplates the repeal, and it became a law. To warrant my reconsidering that action, there ought to be in the experience of the last two years something to show that the reasons upon which it was founded were unsound, or that the law itself was wrong or at least unwise and inexpedient. My view of the teachings of this experience is the very reverse of this. Women have voted, and have the officers chosen been less faithful and zealous and the legislature less able and upright? They have sat as jurors, and have the laws been less faithfully and justly administered, and criminals less promptly and adequately punished? Indeed the lessons of this two years' experience fully confirm all that has been claimed by the most ardent advocate of this innovation.
In this territory women have manifested for its highest interests a devotion strong, ardent, and intelligent. They have brought to public affairs a clearness of understanding and a soundness of judgment, which, considering their exclusion hitherto from practical participation in political agitations and movements, are worthy of the greatest admiration and above all praise. The conscience of women is in all things more discriminating and sensitive than that of men; their sense of justice, not compromising or time-serving, but pure and exacting; their love of order, not spasmodic or sentimental merely, but springing from the heart; all these,—the better conscience, the exalted sense of justice, and the abiding love of order, have been made by the enfranchisement of women to contribute to the good government and well-being of our territory. To the plain teachings of these two years' experience I cannot close my eyes. I cannot forget the benefits that have already resulted to our territory from woman suffrage, nor can I permit myself even to seem to do so by approving this bill.
There is another, and in my judgment, a serious objection to this bill, which I submit for the consideration and action of your honorable body. It involves a reference to that most difficult of questions, the limitations of legislative power. High and transcendent as that power undoubtedly and wisely is, there are limits which not even it can pass. Two years ago the legislature of this territory conferred upon certain of its citizens valuable rights and franchises. Can a future legislature, by the passage of a law not liable to the objection, that it violates the obligation of contracts, take away those rights? It is not claimed, so far as I have been informed, that the persons upon whom these franchises were conferred have forfeited or failed to take advantage of them. But even if such were the case it would be rather a matter for judicial determination than for legislative action. What that determination would be is clearly indicated in the opinion of Associate-justice Story in the celebrated case of Trustees of Dartmouth College vs. Woodward: "The right to be a freeman of a corporation is a valuable temporal right. * * It is founded on the same basis as the right of voting in public elections; it is as sacred a right; and whatever might have been the prevalence of former doubts, since the time of Lord Holt, such a right has always been deemed a valuable franchise or privilege."
But even if we concede that these rights once acquired may be taken away, the passage of this bill would be, in my judgment, a most dangerous precedent. Once admit the right of a representative body to disfranchise its own constituents, and who can establish the limits to which that right may not be carried? If this legislature takes from women their franchises or privileges, what is to prevent a future legislature from depriving certain men, or classes of men, that, from any consideration they desire to disfranchise, of the same rights? We should be careful how we inaugurate precedents which may "return to plague the inventors," and be used as a pretext for taking away our liberties.
It will be remembered that in my message to the legislature at the commencement of the present session I said: "There is upon our statue book an act granting to the women of Wyoming territory the right of suffrage and to hold office which has now been in force two years. Under its liberal provisions women have voted in the territory, served on juries, and held office. It is simple justice to say that the women, entering for the first time in the history of the country upon these new and untried duties, have conducted themselves with as much tact, sound judgment, and good sense as the men. While it would be claiming more than the facts justify, to say that this experiment, in a limited field, has demonstrated beyond a doubt the perfect fitness of woman, at all times and under all circumstances, for taking a part in the government, it furnishes at least reasonable presumptive evidence in her favor, and she has a right to claim that, so long as none but good results are made manifest, the law should remain unrepealed."
These were no hastily formed conclusions, but the result of deliberation and conviction, and my judgment to-day approves the language I then used. For the first time in the history of our country we have a government to which the noble words of our Magna Charta of freedom may be applied,—not as a mere figure of speech, but as expressing a simple grand truth,—for it is a government which "derives all its just powers from the consent of the governed." We should pause long and weigh carefully the probable results of our action before consenting to change this government. A regard for the genius of our institutions, for the fundamental principles of American autonomy, and for the immutable principles of right and justice, will not permit me to sanction this change.
These reasons for declining to give my consent to the bill, I submit with all deference for the consideration and judgment of your honorable body.
J. A. Campbell.
For about eight years now, the women of Wyoming territory have enjoyed the same political rights and privileges as the men, and all the novelties of this new departure, all the shock it carried to the sensibilities of the old conservatives, have long since passed away. For a long time—even for years past—we have frequently received letters asking for information as to its practical results here, and still more frequently have received copies of eastern papers with marked articles which purported to be written by persons who resided here, or had visited the territory and witnessed the awful results or the total failure of the experiment. We have usually paid no attention to these false and anonymous scribblers, who took this method to display their shallow wit at the sacrifice of truth and decency. But recently we have received more than the usual number of such missives, and more letters, and from a more respectable source than before, and we take this occasion and method to answer them all at once, and once for always, and do it through the columns of the Sentinel, one of the oldest and most widely circulated papers in the territory, because it will be readily conceded that we would not publish here at home, false statements and misrepresentations upon a matter with which all our readers are familiar, and which, if false, could be easily refuted.
We assert here, then, that woman suffrage in Wyoming has been in every particular a complete success.
That the women of Wyoming value as highly the political franchise, and as generally exercise it, as do the men of the territory.
That being more helpless, more dependent and more in need of the protection of good laws and good government than are men, they naturally use the power put into their hands to secure these results.
That they are controlled more by principle and less by party ties than men, and generally cast their votes for the best candidates and the best measures.
That while women in this territory frequently vote contrary to their husbands, we have never heard of a case where the family ties or domestic relations were disturbed thereby, and we believe that among the pioneers of the West there is more honor and manhood than to abuse a wife because she does not think with her husband about politics or religion.
We have never seen any of the evil results growing out of woman suffrage which we have heard predicted for it by its opponents. On the contrary, its results have been only good, and that continually. Our elections have come to be conducted as quietly, orderly and civilly as our religious meetings, or any of our social gatherings, and the best men are generally selected to make and enforce our laws. We have long ago generally come to the conclusion that woman's influence is as wholesome and as much needed in the government of the State as in the government of the family. We do not know of a respectable woman in the territory who objects to or neglects to use her political power, and we do not know of a decent man in the territory who wishes it abolished, or who is not even glad to have woman's help in our government.
Our laws were never respected or enforced, and crime was never punished, or life or property protected until we had woman's help in the jury box and at the polls, and we unhesitatingly say here at home that we do not believe a man can be found who wishes to see her deprived of voice and power, unless it is the one "who fears not God nor regards man," who wants to pursue a life of vice or crime, and consequently fears woman's influence and power in the government. We assert further that the anonymous scribblers who write slanders on our women and our territory to the eastern press, are either fools, who know nothing about what they write, or else belong to that class of whom the poet says:
"No rogue e'er felt the halter draw
With good opinion of the law."We took some pains to track up and find out the author of one of the articles against woman suffrage to which our attention was called, and found him working on the streets of Cheyenne, with a ball and chain to his leg. We think he was probably an average specimen of these writers. And, finally, we challenge residents in Wyoming who disagree with the foregoing sentiments, and who endorse the vile slanders to which we refer, to come out over their own signature and in their own local papers and take issue with us, and our columns shall be freely opened to them.
Hon. M. C. Brown, district-attorney for the territory, confirms the testimony given by the judges and Governor Campbell, in a letter to the National Suffrage Convention held in Washington in 1884, which will be found in the pamphlet report of that year.
FOOTNOTES:
[491] Messrs. Wade, Anthony, Gratz Brown, Buckalew, Cowan, Foster, Nesmith, Patterson, Riddle. See [ Vol. II., Chapter XVII.]
[492] Ex-Governor Hoyt in his public speeches frequently gives this bird's-eye view of Bright's domestic and political discussions: "Betty, it's a shame that I should be a member of the legislature and make laws for such a woman as you. You are a great deal better than I am; you know a great deal more, and you would make a better member of the Assembly than I, and you know it. I have been thinking about it and have made up my mind that I will go to work and do everything in my power to give you the ballot. Then you may work out the rest in your own way." So he went over and talked with other members of the legislature. They smiled. But he got one of the lawyers to help him draw up a short bill, which he introduced. It was considered and discussed. People smiled generally. There was not much expectation that anything of that sort would be done; but this was a shrewd fellow, who managed the party card in such a way as to get, as he believed, enough votes to carry the measure before it was brought to the test. I will show you a little behind the curtain, so far as I can draw it. Thus he said to the Democrats: "We have a Republican governor and a Democratic Assembly. Now, then, if we can carry this bill through the Assembly and the governor vetoes it, we shall have made a point, you know; we shall have shown our liberality and lost nothing. But keep still; don't say anything about it." They promised. He then went to the Republicans and told them that the Democrats were going to support his measure, and that if they did not want to lose capital they had better vote for it too. He didn't think there would be enough of them to carry it, but the vote would be on record and thus defeat the game of the other party. And they likewise agreed to vote for it. So when the bill came to a vote it went right through! The members looked at, each other in astonishment, for they hadn't intended to do it, quite. Then they laughed and said it was a good joke, but they had "got the governor in a fix." So the bill went, in the course of time, to John A. Campbell, who was then governor—the first governor of the territory of Wyoming—and he promptly signed it! His heart was right. He saw that it was long-deferred justice, and so signed it as gladly as Abraham Lincoln wrote his name to the Proclamation of Emancipation of the slaves. Of course the women were astounded! If a whole troop of angels had come down with flaming swords for their vindication, they would not have been much more astonished than they were when that bill became a law and the women of Wyoming were thus clothed with the habiliments of citizenship.
[493] No sooner had these gentlemen left than Mrs. Post and Mrs. Arnold had a long interview with the governor, urging him to sign the bill on the highest moral grounds; not only to protect the personal rights of the women of the territory but to compel the men to observe the decencies of life and to elevate the social and political status of the people.—[E. C. S.
[494] In the summer of 1871 Mrs. Stanton and myself, en route for California, visited Wyoming and met the women who were most active in the exercise of their rights of citizenship. At Cheyenne we were the guests of Mrs. M. B. Arnold and Mrs. Amalia B. Post. Mrs. Arnold had a large cattle-ranch and Mrs. Post an equally large sheep-ranch a few miles out of the city, which they superintended, and from which each received an independent income. They had not only served as jurors, but acted as foremen. At Laramie we were the guests of Mr. J. H. Hayford, editor of the Laramie Sentinel, and met Grandma Swain, who was the first woman to cast her ballot in that city. We also met Judges Howe and Kingman and Governor Campbell, and heard from them of the wonderful changes wrought in the court-room and at the polls by the presence of enfranchised women. We spoke in the very court-room in which women had sat as jurors and felt an added inspiration from that fact.—[S. B. A.