In response to 66,000 documents containing appeals to women, issued by the National Association, 250 petitions, signed by over 12,000, arrived in Washington in time for presentation to congress before the assembling of the convention, and were read on the floor of the Senate, with the leading names, January 14, 16, 20, 21, by forty-seven senators.
In the House of Representatives this courtesy (reading petitions and names), requires unanimous consent, and one man, Hon. J. J. Davis of North Carolina, who had no petition from the women of his State, objected. Sixty-five representatives presented the petitions at the clerk's desk, under the rule, January 14, 15, 16. In answer to these appeals to both Houses, on Monday, January 19, Hon. T. W. Ferry, of Michigan, introduced in the Senate a joint resolution for a sixteenth amendment, which with all the petitions was referred to the Committee on the Judiciary. Tuesday, January 20, Hon. George B. Loring, of Massachusetts, introduced the same resolution in the House of Representatives, and it was referred, with all the petitions, to the Committee on the Judiciary. There were also during this congress presented over 300 petitions from law-abiding, tax-paying women, praying for the removal of their political disabilities.
On Friday and Saturday, January 23, 24, these committees granted hearings of two hours each to delegates from ten States who had been in attendance at the convention. Thoughtful attention was given to arguments upon every phase of the question, and senators and representatives expressed a strong determination to bring the subject fairly before the people.
The committees especially requested that only the delegates should be present, wishing, as they said, to give their sole attention to the arguments undisturbed by the crowds who usually seek admittance. Even the press was shut out. These private sessions with most of the members present, and the close attention they gave to each speaker, were strong proof of the growth of our reform, as but a few years before representatives sought excuses for absence on all such occasions.
The Committee on the Judiciary, U. S. Senate, }
Friday, Jan. 23, 1880. }The committee assembled at half-past 10 o'clock a.m. Present, Mr. Thurman, chairman, Mr. McDonald, Mr. Bayard, Mr. Davis of Illinois, Mr. Edmunds.
The Chairman: Several members of the committee are unable to be here. Mr. Lamar is detained at his home in Mississippi by sickness; Mr. Carpenter is confined to his room by sickness; Mr. Conkling has been unwell; I do not know how he is this morning; and Mr. Garland is chairman of the Committee on Territories, which has a meeting this morning that he could not fail to attend. I do not think we are likely to have any more members of the committee than are here now, and we will hear you, ladies.
Mrs. Zerelda G. Wallace of Indiana said: Mr. Chairman, and Gentlemen of the Committee: It is scarcely necessary to say that there is not an effect without a cause. Therefore it would be well for the statesmen of this nation to ask themselves the question, What has brought the women from all parts of this nation to the capital at this time? What has been the strong motive that has taken us away from the quiet and comfort of our own homes and brought us before you to-day? As an answer to that question I will read an extract from a speech made by one of Indiana's statesmen. He found out by experience and gave us the benefit of it:
You can go to meetings; you can vote resolutions; you can attend great demonstrations in the street; but, after all, the only occasion where the American citizen expresses his acts, his opinions, and his power is at the ballot-box; and that little ballot that he drops in there is the written sentiment of the times, and it is the power that he has as a citizen of this great republic.
That is the reason why we are here; the reason why we want to vote. We are not seditious women, clamoring for any peculiar rights; it is not the woman question that brings us before you to-day; it is the human question underlying this movement. We love and appreciate our country; we value its institutions. We realize that we owe great obligations to the men of this nation for what they have done. To their strength we owe the subjugation of all the material forces of the universe which give us comfort and luxury in our homes. To their brains we owe the machinery that gives us leisure for intellectual culture and achievement. To their education we owe the opening of our colleges and the establishment of our public schools, which give us these great and glorious privileges. This movement is the legitimate result of this development, and of the suffering that woman has undergone in the ages past.
A short time ago I went before the legislature of Indiana with a petition signed by 25,000 of the best women in the State. I appeal to the memory of Judge McDonald to substantiate the truth of what I say. Judge McDonald knows that I am a home-loving, law-abiding, tax-paying woman of Indiana, and have been for fifty years. When I went before our legislature and found that one hundred of the vilest men in our State, merely by the possession of the ballot, had more influence with our lawmakers than the wives and mothers it was a startling revelation.
You must admit that in popular government the ballot is the most potent means for all moral and social reforms. As members of society, we are deeply interested in all the social problems with which you have grappled so long unsuccessfully. We do not intend to depreciate your efforts, but you have attempted to do an impossible thing; to represent the whole by one-half, and because we are the other half we ask you to recognize our rights as citizens of this republic.
Julia Smith Parker of Glastonbury, Conn., said: Gentlemen: You may be surprised to see a woman of over four-score years appear before you at this time. She came into the world and reached years of discretion before any person in this room was born. She now comes before you to plead that she can vote and have all the privileges that men have. She has suffered so much individually that she thought when she was young she had no right to speak before the men; but still she had courage to get an education equal to that of any man at the college, and she had to suffer a great deal on that account. She went to New Haven to school, and it was noised around that she had studied the languages. It was such an astonishing thing for girls at that time to have the advantages of education, that I had actually to go to cotillon parties to let people see that I had common sense. [Laughter.]
She has had to pay $200 a year in taxes without knowing what becomes of it. She does not know but that it goes to support grog-shops. She knows nothing about it. She has had to suffer her cows to be sold at the sign-post six times. She suffered her meadow land, worth $2,000, to be sold for a tax less than $50. If she could vote as the men do she would not have suffered this insult; and so much would not have been said against her as has been said if men did not have the whole power. I was told that they had the power to take anything that I owned if I would not exert myself to pay the money. I felt that I ought to have some little voice in determining what should be done with what I paid. I felt that I ought to own my own property; that it ought not to be in these men's hands; and I now come to plead that I may have the same privileges before the law that men have. I have seen what a difference there is, when I have had my cows sold, by having a voter to take my part.
I have come from an obscure town on the banks of the Connecticut, where I was born. I was brought up on a farm. I never had an idea that I should come all the way to Washington to speak before those who had not come into existence when I was born. Now, I plead that there may be a sixteenth amendment, and that women may be allowed the privilege of owning their own property. I have suffered so much myself that I felt it might have some effect to plead before this honorable committee. I thank you, gentlemen, for hearing me so kindly.
Elizabeth L. Saxon of Louisiana, said: Gentlemen: I feel that after Mrs. Wallace's plea there is no necessity for me to say anything. I come from the extreme South, she from the West. People have asked me why I came. I care nothing for suffrage merely to stand beside men, or rush to the polls, or to take any privilege outside of my home, only, as Mrs. Wallace says, for humanity. I never realized the importance of this cause, until we were beaten back on every side in the work of reform. If we attempted to put women in charge of prisons, believing that wherever woman sins and suffers women should be there to teach, help and guide, every place was in the hands of men. If we made an effort to get women on the school-boards we were combated and could do nothing.
In the State of Texas, I had a niece living whose father was an inmate of a lunatic asylum. She exerted as wide an influence as any woman in that State; I allude to Miss Mollie Moore, who was the ward of Mr. Cushing. I give this illustration as a reason why Southern women are taking part in this movement. Mr. Wallace had charge of that lunatic asylum for years. He was a good, honorable, able man. Every one was endeared to him; the State appreciated him as superintendent of this asylum. When a political change was made and Gov. Robinson came in, Dr. Wallace was ousted for political purposes. It almost broke the hearts of some of the women who had sons, daughters or husbands there. They determined at once to try and have him reinstated. It was impossible, he was out, and what could they do?
A gentleman said to me a few days ago, "These women ought to marry." I am married; I am a mother; and in our home the sons and brothers are all standing like a wall of steel at my back. I have cast aside the prejudices of the past. They lie like rotted hulks behind me.
After the fever of 1878, when our constitutional convention was about to convene, I suppressed the agony and grief of my own heart (for one of my children had died) and took part in the suffrage movement in Louisiana with the wife of Chief-Justice Merrick, Mrs. Sarah A. Dorsey, and Mrs. Harriet Keating of New York, the niece of Dr. Lozier. These three ladies aided me faithfully and ably. I went to Lieutenant-Governor Wiltz, and asked him if he would present or consider a petition which I wished to bring before the convention. He read the petition. One clause of our State law is that no woman can sign a will. Some ladies donated property to an asylum. They wrote the will and signed it themselves, and it was null and void, because they were women. That clause, perhaps, will be wiped out. Many gentlemen signed the petition on that account. Governor Wiltz, then lieutenant-governor, told me he would present the petition. He was elected president of the convention. I presented my first petition, signed by the best names in the city of New Orleans and in the State. I had the names of seven of the most prominent physicians. Three prominent ministers signed it for moral purposes alone. When Mrs. Dorsey was on her dying bed the last time she ever signed her name was to a letter to go before that convention. Mrs. Merrick and myself addressed the convention. We made the petition then that we make here; that we, the mothers of the land, should not be barred on every side in the cause of reform. I pledged my father on his dying bed that I would never cease work until woman stood with man equal before the law.
I beg of you, gentlemen, to consider this question seriously. We stand precisely in the position of the colonies when they plead, and, in the words of Patrick Henry, were "spurned with contempt from the foot of the throne." We have been jeered and laughed at; but the question has passed out of the region of ridicule. This clamor for woman suffrage, for woman's rights, for equal representation, is extending all over the land.
I plead because my work has been combated in the cause of reform everywhere that I have tried to accomplish anything. The children that fill the houses of prostitution are not of foreign blood and race. They come from sweet American homes, and for every woman that went down some mother's heart broke. I plead by the power of the ballot to be allowed to help reform women and benefit mankind.
Mary A. Stewart of Delaware said: The negroes are a race inferior, you must admit, to your daughters, and yet that race has the ballot, and why? It is said they earned it and paid for it with their blood. Whose blood paid for yours? The blood of your forefathers and our forefathers. Does a man earn a hundred thousand dollars and lie down and die, saying, "It is all my boys'"? Not a bit of it. He dies saying, "Let my children, be they cripples, be they idiots, be they boys, or be they girls, inherit all my property alike." Then let us inherit the sweet boon of the ballot alike. When our fathers were driving the great ship of State we were willing to sail as deck or cabin passengers, just as we felt disposed; we had nothing to say; but to-day the boys are about to run the ship aground, and it is high time that the mothers should be asking, "What do you mean to do?" In our own little State the laws have been very much modified in regard to women. My father was the first man to blot out the old English law allowing the eldest son the right of inheritance to the real-estate. He took the first step, and like all those who take first steps in reform he received a mountain of curses from the oldest male heirs.
Since 1868 I have, by my own individual efforts, by the use of hard-earned money, gone to our legislature time after time and have had this law and that law passed for the benefit of women; and the same little ship of State has sailed on. To-day our men are just as well satisfied with the laws in force in our State for the benefit of women as they were years ago. A woman now has a right to make a will. She can hold bonds and mortgages of her own. She has a right to her own property. She cannot sell it though, if it is real-estate, simply because the moment she marries, her husband has his right of courtesy. The woman does not grumble at that; but still when he dies owning real-estate, she gets only the rental value of one-third, which is called the widow's dower. Now I think the man ought to have the rental value of one-third of the woman's maiden property or real-estate, and it ought to be called the widower's dower. It would be just as fair for one as for the other. All that I want is equality.
The women of our State, as I said before, are taxed without representation. The tax-gatherer comes every year and demands taxes. For twenty years I have paid tax under protest, and if I live twenty years longer I shall pay it under protest every time. The tax-gatherer came to my place not long since. "Well," said I, "good morning, sir." Said he, "Good morning." He smiled and said, "I have come bothering you." Said I, "I know your face well. You have come to get a right nice little woman's tongue-lashing." Said he, "I suppose so, but if you will just pay your tax I will leave." I paid the tax, "But," said I, "remember I pay it under protest, and if I ever pay another tax I intend to have the protest written and make the tax-gatherer sign it before I pay the tax, and if he will not sign that protest then I shall not pay, and there will be a fight at once," Said he, "Why do you keep all the time protesting against paying this small tax?" Said I, "Why do you pay your tax?" "Well," said he, "I would not pay it if I did not vote." Said I, "That is the very reason why I do not want to pay it. I cannot vote." Who stay at home from the election? The women, and the black and white men who have been to the whipping-post. Nice company to put your wives and daughters in.
It is said that the women do not want to vote. Every woman sitting here wants to vote, and must we be debarred the privilege of voting because some luxurious woman, rolling around in her carriage in her little downy nest that some good, benevolent man has provided for her, does not want to vote? There was a society that existed up in the State of New York called the Covenanters that never voted. Were all you men disfranchised because that class or sect up in New York would not vote? Did you all pay your taxes and stay at home and refrain from voting because the Covenanters did not vote? Not a bit of it. You went to the election and told them to stay at home if they wanted to, but that you, as citizens, were going to take care of yourselves. That was right. We, as citizens, want to take care of ourselves.
One more thought, and I will be through. The fourteenth and fifteenth amendments, in my opinion, and in the opinion of a great many smart men in the country, and smart women, too, give the right to women to vote without any "if's" or "and's" about it, and the United States protects us in it; but there are a few who construe the law to suit themselves, and say that those amendments do not mean that, because the congress which passed the fourteenth and fifteenth amendments had no such intention. Well, if that congress overlooked us, let the wiser congress of to-day take the eighth chapter and the fourth verse of the Psalms, which says, "What is man that Thou art mindful of him?" and amend it by adding, "What is woman, that they never thought of her?"
Nancy R. Allen of Iowa said: Mr. Chairman, and Gentlemen of the Judiciary Committee: I am a representative of a large class of women of Iowa, who are heavy taxpayers. There is now a petition being circulated throughout our State, to be presented to the legislature, praying that women be exempted from taxation until they have some voice in the management of the affairs of the State. You may ask, "Do not your husbands protect you? Are not all the men protecting you?" We answer that our husbands are grand, noble men, who are willing to do all they can for us, but there are many who have no husbands and who own a great deal of property in the State of Iowa. Particularly in great moral reforms the women there feel the need of the ballot. By presenting long petitions to the legislature they have succeeded in having better temperance laws enacted, but the men have failed to elect the officials who will enforce those laws. Consequently they have become as dead letters upon the statute books.
To refer again to taxes. I have a list showing that in my city three women pay more taxes than all the city officials together. They are good temperance women. Our city council is composed almost entirely of saloon-keepers, brewers and men who patronize them. There are some good men, but they are in the minority, and the voices of these women are but little regarded. All these officials are paid, and we have to help support them. As Sumner said, "Equality of rights is the first of rights." If we can only be equal with man under the law, it is all that we ask. We do not propose to relinquish our domestic life, but we do ask that we may be represented.
You can go to meetings; you can vote resolutions; you can attend great demonstrations in the street; but, after all, the only occasion where the American citizen expresses his acts, his opinions, and his power is at the ballot-box; and that little ballot that he drops in there is the written sentiment of the times, and it is the power that he has as a citizen of this great republic.
Remarks were also made by Mrs. Chandler, Mrs. Archibald and Mrs. Spencer. The time having expired, the committee voted to give another hour to Miss Anthony to state the reasons why we ask congress to submit a proposition to the several legislatures for a sixteenth amendment, instead of asking the States to submit the question to the popular vote of their electors.[58] When Miss Anthony had finished, the chairman, Senator Thurman of Ohio, said:
I have to say, ladies, that you will admit that we have listened to you with great attention, and I can certainly say, with great interest; your appeals will be duly and earnestly considered by the committee.
Mrs. Wallace: I wish to make just one remark in reference to what Senator Thurman said as to the popular vote being against woman suffrage. The popular vote is against it, but not the popular voice. Owing to the temperance agitation in the last six years, the growth of the suffrage sentiment among the wives and mothers of this nation has largely increased.
House of Representatives, Washington, D. C., Jan. 24, 1880.
The Chairman pro tem. (Mr. Harris of Virginia): The order of business for the present session of the committee is the delivery of arguments by delegates of the Woman Suffrage Convention now holding its sessions in Washington. I am informed that the delegates are in attendance upon the committee. We will be pleased to hear them. A list of the names, of the ladies proposing to speak, with a memorandum of the limit of time allotted to each, has been handed to me for my guidance; and, in the absence of the chairman [Mr. Knott] it will be my duty to confine the speakers to the number of minutes apportioned to them respectively upon the paper before me. As an additional consideration for adhering to the regulation, I will mention that members of the committee have informed me that, having made engagements to be at the departments and elsewhere on business appointments, they will be compelled to leave the committee-room upon the expiration of the time assigned. The first name upon the list is that of Mrs. Emma Mont. McRae of Indiana, to whom five minutes are allowed.
Mrs. McRae said: Mr. Chairman, and Gentlemen of the Judiciary Committee: In Indiana the cause of woman has made marked advancement. At the same time we realize that we need the right to vote in order that we may have protection. We need the ballot because through the medium of its power alone we can hope to wield that influence in the making of laws affecting our own and our children's interests.
Some recent occurences in Indiana, one in particular in the section of the State from which I come, have impressed us more sensibly than ever before with the necessity of this right. The particular incident to which I refer was this: In the town of Muncie, where I reside, a young girl, who for the past five years had been employed as a clerk in the post-office, and upon whom a widowed mother was dependent for support, was told on the first of January that she was no longer needed in the office. She had filled her place well; no complaint had been made against her. She very modestly asked the postmaster the cause of her discharge, and he replied: "We have a man who has done work for the party and we must give that man a place; I haven't room for both of you." Now, there you have at once the reason why we want the ballot; we want to be able to do something for the party in a substantial way, so that men may not tell us they have no room for us because we do nothing for the party. When they have the ballot women will work for "the party" as a means of enabling them to hold places in which they may get bread for their mothers and for their children if necessity requires.
Miss Jessie T. Waite of Illinois said: Mr. Chairman, and Gentlemen of the Judiciary Committee: In the State of Illinois we have attained to almost every right except that of the ballot. We have been admitted to all the schools and colleges; we have become accustomed to parliamentary usages; to voting in literary societies and in all matters connected with the interests of the colleges and schools; we are considered members in good standing of the associations, and, in some cases, the young ladies in the institutes have been told they hold the balance of power. The same reason for woman suffrage that has been given by the delegate from Indiana [Mrs. McRae] holds good with reference to the State of Illinois. Women must have the ballot that they may have protection in getting bread for themselves and their families, by giving to the party that looks for their support some substantial evidence of their strength. Experience has demonstrated, especially in the temperance movement, how fruitless are all their efforts while the ballot is withheld from their hands. They have prayed; they have petitioned; they have talked; they have lectured; they have done all they could do, except to vote; and yet all avails them nothing. Miss Frances Williard presented to the legislature of Illinois a petition of such length that it would have reached around this room. It contained over 180,000 signatures. The purpose of the petition was to have the legislature give the women of the State the right to vote upon the question of license or no license in their respective districts.
In some of the counties of our State we have ladies as superintendents of schools and professors in colleges. One of the professors in the Industrial University at Champaign is a lady. Throughout the State you may find ladies who excel in every branch of study and in every trade. It was a lady who took the prize at "the Exposition" for the most beautiful piece of cabinet-work. This is said to have been a marvel of beauty and extraordinary as a specimen of fine art. She was a foreigner; a Scandinavian, I believe. Another lady is a teacher of wood-carving. We have physicians, and there are two attorneys, Perry and Martin, now practicing in the city of Chicago. Representatives of our sex are also to be found among real-estate agents and journalists, while, in one or two instances as preachers they have been recognized in the churches.
Catherine A. Stebbins of Michigan said: "Better fifty years of Europe than a cycle of Cathay!" So said the poet; and I say, Better a week with these inspired women in conference than years of an indifferent, conventional society! Their presence has been a blessing to the people of this District, and will prove in the future a blessing to our government. These women from all sections of our country, with a moral and spiritual enthusiasm which seeks to lift the burdens of our government, come to you, telling of the obstacles that have beset their path. They have tried to heal the stricken in vice and ignorance; to save our land from disintegration. One has sought to reform the drunkard, to save the moderate drinker, to convert the liquor-seller; another, to shelter the homeless; another, to lift and save the abandoned woman. "Abandoned?" once asked a prophet-like man of our time, who added, "There never was an abandoned woman without an abandoned man!" Abandoned of whom? let us ask. Surely not by the merciful Father. No; neither man nor woman is ever abandoned by him, and he sends his instruments in the persons of some of these great-hearted women, to appeal to you to restore their God-given freedom of action, that "the least of these" may be remembered.
But in our councils no one has dwelt upon one of the great evils of our civilization, the scourge of war; though it has been said that women will fight. It is true there are instances in which they have considered it a duty; there were such in the rebellion. But the majority of women would not declare war, would not enlist soldiers and would not vote supplies and equipments, because many of the most thoughtful believe there is a better way, and that women can bring a moral power to bear that shall make war needless.
Let us take one picture representative of the general features of the war—we say nothing of our convictions in regard to the conflict. Ulysses S. Grant or Anna Ella Carroll makes plans and maps for the campaign; McClellan and Meade are commanded to collect the columbiads, muskets and ammunition, and move their men to the attack. At the same time the saintly Clara Barton collects her cordials, medicines and delicacies, her lint and bandages, and, putting them in the ambulance assigned, joins the same moving train. McClellan's men meet the enemy, and men—brothers—on both sides fall by the death-dealing missiles. Miss Barton and her aids bear off the sufferers, staunch their bleeding wounds, soothe the reeling brain, bandage the crippled limbs, pour in the oil and wine, and make as easy as may be the soldier's bed. What a solemn and heartrending farce is here enacted! And yet in our present development men and women seek to reconcile it with the requirements of religion and the necessities of our conflicting lives. So few recognize the absolute truth!
Mrs. Devereux Blake said: Mr. Chairman, and Gentlemen of the Committee: I come here with your own laws in my hands—and the volume is quite a heavy one, too—to ask you whether women are citizens of this nation? I find in this book, under the heading of the chapter on "Citizenship," the following:
Sec. 1,992. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.
I suppose you will admit that women are, in the language of the section, "persons," and that we cannot reasonably be included in the class spoken of as "Indians not taxed." Therefore I claim that we are "citizens." The same chapter also contains the following:
Sec. 1,994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.
Under this section also we are citizens. I am myself, as indeed are most of the ladies present, married to a citizen of the United States; so that we are citizens under this count if we were not citizens before. Then, further, in the legislation known as "The Civil Rights Bill," I find this language:
All persons within the jurisdiction of the United States shall have the same right, in every State and territory, to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishments, pains, penalties, etc.
One would think the logical conclusion from that which I have last read would be that all citizens are entitled to equal protection everywhere. It appears to mean that. Then I turn to another piece of legislation—that which is known as "The Enforcement Act"—one which some of you, gentlemen, did not like very much when it was enacted—and there I find another declaration on the same question. The act is entitled "An Act to Enforce the Right of Citizens of the United States to Vote in the Several States of this Union, and for other purposes." The right of "citizens" to vote appears to be conceded by this act. In the second section it says:
It shall be the duty of every such person and officer to give to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote, without distinction of race, color or previous condition of servitude.
I ask you, gentlemen of the committee, as lawyers, whether you do not think that, after we have been declared to be citizens, we have the right to claim the protection of this enforcement act? When you gentlemen from the North rise in your places in the halls of congress and make these walls ring with your eloquence, you are prone to talk a great deal about the right of every United States citizen to the ballot, and the necessity of protecting every such citizen in its exercise. What do you mean by it?
It occurs to me here to call your attention to a matter of recent occurrence. As you know, there has been a little unpleasantness in Maine—a State which is not without a representative among the members of the Judiciary Committee—and certain gentlemen there, especially Mr. Blaine, have been greatly exercised in their minds because, as they allege, the people of Maine have not been permitted to express their will at the polls. Why, gentlemen, I assert that a majority of the people of Maine have never been permitted to express their will at the polls. A majority of the people of Maine are women, and from the foundation of this government have never exercised any of the inalienable rights of citizens. Mr. Blaine made a speech a day or two ago in Augusta. He began by reciting the condition of affairs, owing to the effort, as he states, "to substitute a false count for an honest ballot," and congratulated his audience upon the instrumentalities by which they had triumphed—
Without firing a gun, without shedding a drop of blood, without striking a single blow, without one disorderly assemblage. The people have regained their own right through the might and majesty of their own laws.
He goes on in this vein to speak of those whom he calls "the people of Maine." Well, gentlemen, I do not think you will deny that women are people. It appears to me that what Mr. Blaine said in that connection was nonsense, unless indeed he forgot that there were any others than men among the people of the State of Maine. I don't suppose that you, gentlemen, are often so forgetful. Mr. Blaine said further:
The Republicans of Maine and throughout the land felt that they were not merely fighting the battle of a single year, but for all the future of the State; not merely fighting the battle of our own State alone, but for all the States that are attempting the great problem of State government throughout the world. The corruption or destruction of the ballot is a crime against free government, and when successful is a subversion of free government.
Does that mean the ballot for men only or the ballot for the people, men and women too? If it is to be received as meaning anything, it ought to mean not for one sex alone, but for both. Mr. Lincoln declared, in one of his noblest utterances, that no man was good enough to govern another man without that man's consent. Of course he meant it in its broadest terms; he meant that no man or woman was good enough to govern another man or woman without that other man's or woman's consent.
Mr. Blaine, on another occasion, in connection with the same subject-matter, had much to say of the enormity of the oppression practiced by his political opponents in depriving the town of Portland of the right of representation in view of its paying such heavy taxes as it does pay. He expressed the greatest indignation at the attempt, forgetting utterly that great body of women who pay taxes but are deprived of the right of representation. In this connection it may be pertinent for me to express the hope, by way of a suggestion, that hereafter, when making your speeches, you will not use the term "citizens" in a broad sense, unless you mean to include women as well as men, and that when you do not mean to include women you will speak of male citizens as a separate class, because the term, in its general application, is illogical and its meaning obscure if not self-contradictory.
President Hayes was so pleased with one of the sentences in his message of a year ago that in his message of this year he has reiterated it. It reads thus:
That no temporary or administrative interests of government will ever displace the zeal of our people in defense of the primary rights of citizenship, and that the power of public opinion will override all political prejudices and all sectional and State attachments in demanding that all over our wide territory the name and character of citizen of the United States shall mean one and the same thing and carry with them unchallenged security and respect.
Let me suggest what he ought to have said unless he intended to include women, although I am afraid that Mr. Hayes, when he wrote this, forgot that there were women in the United States, notwithstanding that his excellent wife, perhaps, stood by his side. He ought to have said:
An act having been passed to enforce the rights of male citizens to vote, the true vigor of half the population is thus expressed, and no interests of government will ever displace the zeal of half of our people in defense of the primary rights of our male citizens. The prosperity of the States depends upon the protection afforded to our male citizens; and the name and character of male citizens of the United States shall mean one and the same thing and carry with them unchallenged security and respect.
If Mr. Hayes had thus expressed himself, he would have made a perfectly logical and clear statement. Gentlemen, I hope that hereafter, when speaking or voting in behalf of the citizens of the United States, you will bear this in mind and will remember that women are citizens as well as men, and that they claim the same rights.
This question of woman suffrage cannot much longer be ignored. In the State from which I come, although we have not a right to vote, we are confident that the influence which women brought to bear in determining the result of the election last fall had something to do with sending into retirement a Democratic governor who was opposed to our reform, and electing a Republican who was in favor of it. Recollect, gentlemen, that the expenditure of time and money which has been made in this cause will not be without its effect. The time is coming when the demand of an immense number of the women of this country cannot be ignored. When you see these representatives coming from all the States of the Union to ask for this right, can you doubt that, some day, they will succeed in their mission? We do not stand before you to plead as beggars; we ask for that which is our right. We ask it as due to the memory of our ancestors, who fought for the freedom of this country just as bravely as did yours. We ask it on many considerations. Why, gentlemen, the very furniture here, the carpet on this floor, was paid for with our money. We are taxed equally with the men to defray the expenses of this congress, and we have a right equally with them to participate in the government.
In closing, I have only to ask, is there no man here present who appreciates the emergencies of this hour? Is there no one among you who will rise on the floor of congress as the champion of this unrepresented half of the people of the United States? The time is not far distant when we shall have our liberties, and the politician who can now understand the importance of our cause, the statesman who can now see, and will now appreciate the justice of it, that man, if true to himself, will write his name high on the scroll of fame beside those of the men who have been the saviors of the country. Gentlemen I entreat you not to let this hearing go by without giving due weight to all that we have said. You can no more stay the onward current of this reform than you can fight against the stars in their courses.
Mr. Willits of Michigan: Mr. Chairman: I would like to make a suggestion here. The regulation amendment, as it has heretofore been submitted, provided that the right of citizens of the United States to vote should not be abridged on account of sex. I notice that the amendment which the ladies here now propose has prefixed to it this phrase: "The right of suffrage in the United States shall be based on citizenship." I call attention to this because I would like to have them explain as fully as they may why they incorporate the phrase, "shall be based on citizenship." Is the meaning this, that all citizens shall have the right to vote, or simply that citizenship shall be the basis of suffrage? The words, "or for any reason not applicable to all citizens of the United States," also seem to require explanation. The proposition in the form in which it is now submitted, I understand, covers a little more than has been covered by the amendment submitted in previous years.
Sara A. Spencer of Washington, D. C.: If the committee will permit me, I will say that the amendment in its present form is the concentrated wish of the women of the United States. The women of the country sent to congress petitions asking for three different forms of constitutional amendment, and when preparing the one now before the committee these three were concentrated in the one now before you (identical with that of the resolution offered in the House by Hon. George B. Loring and by Hon. T. W. Ferry in the Senate), omitting, at the request of each of the three classes of petitioners, all phrases which were regarded by any of them as objectionable. The amendment as now presented is therefore the combined wish of the women of the country, viz., that citizenship in the United States shall mean suffrage, and that no one shall be deprived of the right to vote for reasons not equally applicable to all citizens.
Matilda Joslyn Gage said: It is necessary to refer to a remarkable decision of the Supreme Court. The case of Virginia L. Minor, claiming the right to vote under the fourteenth amendment, was argued before the Supreme Court of the United States, October term, 1874; decision rendered adversely by Chief-Justice Waite, March, 1875, upon the ground that "the United States had no voters in the States of its own creation." This was a most amazing decision to emanate from the highest judicial authority of the nation, and is but another proof how fully that body is under the influence of the dominant political party.
Contrary to this decision, I unhesitatingly affirm that the United States has possessed voters in States of its own creation from the very date of the constitution. In Article I, Sec. 2, the constitution provides that
The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
The persons so designated are voters under State laws; but by this section of the national constitution they are made United States voters. It is directed under what conditions of State qualification they may cast votes in their respective States for members of the lower house of congress. The constitution here created a class of United States voters by adoption of an already voting class. Did but this single instance exist, it would be sufficient to nullify Chief-Justice Waite's decision, as Article VI, Sec. 2, declares
The constitution and the laws of the United States which shall be made in pursuance thereof * * * shall be the supreme law of the land.
This supreme law at its very inception created a class of United States voters. If in the Minor case alone, the premises of the Supreme Court and Chief-Justice Waite were wrong, the decision possesses no legal value; but in addition to this class, the United States, by special laws and amendments has from time to time created other classes of United States voters.
Under the naturalization laws citizenship is recognized as the basis of suffrage. No State can admit a foreigner to the right of the ballot, even under United States laws, unless he is already a citizen, or has formally declared his intention of becoming a citizen of the United States. The creation of the right here is national; its regulation, local.
Men who commit crimes against the civil laws of the United States forfeit their rights of citizenship. State law cannot re-habilitate them, but within the last five years 2,500 such men have been pardoned by congressional enactment, and thus again been made voters in States by United States law. Is it not strange that with a knowledge of these facts before him Chief-Justice Waite could base his decision against the right of a woman to the ballot, on the ground that the United States had no voters in the States of its own creation?
Criminals against the military law of the United States, who receive pardon, are still another class of voters thus created. A very large body of men, several hundred thousand, forfeited their rights of citizenship, their ballot, by participation in the rebellion; they were political criminals. When general amnesty was proclaimed they again secured the ballot. They had been deprived of the suffrage by United States law and it was restored to them by the same law.
It may be replied that the rebellious States had been reduced to the condition of territories, over whose suffrage the general government had control. But let me ask why, then, a large class of men remained disfranchised after these States again took up local government? A large class of men were especially exempted from general amnesty and for the restoration of their political rights were obliged to individually petition congress for the removal of their political disabilities, and these men then became "voters in States," by action of the United States. Here, again, the United States recognized citizenship and suffrage as synonymous. If the United States has no voters of its own creation in the States, what are these men? A few, the leaders in the rebellion, are yet disfranchised, and no State has power to change this condition. Only the United States can again make them voters in States.
Under the fourteenth and fifteenth amendments the colored men of the South, who never had possessed the ballot, and those colored men of the North over whom some special disqualification hung, were alike made voters by United States law. It required no action of Delaware, Indiana, New York, or any of those States in which the colored man was not upon voting equality with the white men, to change their constitutions or statutes in order to do away with such disqualifications. The fourteenth amendment created another class of United States voters in States, to the number of a million or more. The fourteenth amendment, and the act of congress to enforce it, were at once recognized to be superior to State law—abrogating and repealing State constitutions and State laws contradictory to its provisions.
By an act of congress March 3, and a presidential proclamation of March 11, 1865, all deserters who failed to report themselves to a provost marshall within sixty days, forfeited their rights of citizenship as an additional penalty for the crime of desertion, thus losing their ballot without possibility of its restoration except by an act of congress. Whenever this may be done collectively or individually, these men will become State voters by and through the United States law.
As proving the sophistry used by legal minds in order to hide from themselves and the world the fact that the United States has power over the ballot in States, mention may be made of a case which, in 1866, came before Justice Strong, then a member of the Supreme Court of Pennsylvania, but since a justice of the Supreme Court of the United States. For sophistical reasoning it is a curiosity in legal decisions. One point made by Judge Strong was, that congress may deprive a citizen of the opportunity to enjoy a right belonging to him as a citizen of a State even the right of voting, but cannot deprive him of the right itself. This is on a par with saying that congress may deprive a citizen of the opportunity to enjoy a right belonging to him as an individual, even the right of life, but cannot deprive him of life itself.
A still more remarkable class of United States voters than any yet mentioned, exists. Soon after the close of the war congress enacted a law that foreigners having served in the civil war and been honorably discharged from the army, should be allowed to vote. And this, too, without the announcement of their intention of becoming citizens of the republic. A class of United States voters were thus created out of a class of non-citizens.
I have mentioned eight classes of United States voters, and yet not one of the States has been deprived of the powers necessary to local self-government. To States belong all matters of strictly local interest, such as the incorporation of towns and cities, the settlement of county and other boundaries; laws of marriage, divorce, protection of life and property, etc. It has been said, the ordaining and establishment of a constitution for the government of a State is always the act of a State in its highest sovereign capacity, but if any question as to nationality ever existed, it was settled by the war. Even State constitutions were found unable to stand when in conflict with a law of the United States or an amendment to its constitution. All are bound by the authority of the nation.
This theory of State sovereignty must have a word. When the Union was formed several of the States did not even frame a constitution. It was in 1818 that Connecticut adopted her first State constitution. Rhode Island had no constitution until 1842. Prior to these years the government of these States was administered under the authority of royal charters brought out from England.
Where was their State sovereignty? The rights even of suffrage enjoyed by citizens of these States during these respective periods of forty-two and sixty-six years, were either secured them by monarchial England or republican United States. If by the latter all voters in these two States during these years were United States voters. It is a historical fact that no State save Texas was ever for an hour sovereign or independent. The experience of the country proves there is but one real sovereignty. It has been said, with truth,
There is but one sovereign State on the American continent known to international or constitutional law, and that is the republic itself. This forms the United States and should be so called.
I ask for a sixteenth amendment because this republic is a nation and not a confederacy of States. I ask it because the United States not only possesses inherent power to protect its citizens but also because of its national duty to secure to all its citizens the exercise of their rights of self-government. I ask it because having created classes of voters in numberless instances, it is most flagrant injustice to deny this protection to woman. I ask it because the Nation and not the State is supreme.
Phœbe W. Couzins of Missouri, to whom had been assigned the next thirty minutes, said: Mr. Chairman, and Gentlemen of the Judiciary Committee: I am invited to speak of the dangers which beset us at this hour in the decision of the Supreme Court of the United States in Mrs. Minor's case, which not only stultifies its previous interpretation of the recent constitutional amendments and makes them a dead letter, but will rank, in the coming ages, in the history of the judiciary, with the Dred Scott decision. The law, as explained in the Dred Scott case, was an infamous one, which trampled upon the most solemn rights of the loyal citizens of the government, and declared the constitution to mean anything or nothing, as the case might be. Yet the decision in that case had a saving clause, for it was not the unanimous voice of a Democratic judiciary. Dissenting opinions were nobly uttered from the bench. In the more recent case, under the rule of a Republican judiciary created by a party professing to be one of justice, the rights of one-half of the people were deliberately abrogated without a dissenting voice. This violation of the fundamental principles of our government called forth no protest. In all of the decisions against woman in the Republican court, there has not been found one Lord Mansfield, who, rising to the supreme height of an unbiased judgment, would give the immortal decree that shall crown with regal dignity the mother of the race: "I care not for the dictates of judges, however eminent, if they be contrary to principle. If the parties will have judgment, let justice be done, though the heavens fall."
The Dred Scott decision declared as the law of citizenship, "to be a citizen is to have actual possession and enjoyment, or the perfect right to the acquisition and enjoyment of an entire equality of privileges, civil and political." But the slave-power was then dominant and the court decided that a black man was not a citizen because he had not the right to vote. But when the constitution was so amended as to make "all persons born or naturalized in the United States citizens thereof," a negro, by virtue of his United States citizenship, was declared, under the amendments, a voter in every State in the Union. And the Supreme Court reaffirmed this right in the celebrated slaughter-house cases (16 Wallace, 71). It said, "The negro, having by the fourteenth amendment, been declared to be a citizen of the United States, is thus made a voter in every State in the Union."
But when the loyal women of Missouri, apprehending that "all persons beneath the flag were made citizens and voters by the fourteenth amendment," through Mrs. Minor, applied to the Supreme Court for protection in the exercise of that same right, this high tribunal, reversing all its former decisions, proclaims State sovereignty superior to national authority. This it does in this strange language: "Being born in the United States, a woman is a person and therefore a citizen"—we are much obliged to them for that definition of our identity as persons—"but the constitution of the United States does not confer the right of suffrage upon any one." And then, in the face of its previous decisions, the court declared: "The United States has no voters in the States of its own creation", that the elective officers of the United States are all elected, directly or indirectly by State voters. It remands woman to the States for her protection, thus giving to the State the supreme authority and overthrowing the entire results of the war, which was fought to maintain national supremacy over any and all subjects in which the rights and privileges of the citizens of the United States are involved.
No supreme allegiance, gentlemen of the committee, can be claimed for or by a government, if it has no citizens of its own creation, and constitutional amendments cannot confer authority over matters which have no existence in the constitution. Thus, our supreme law-givers hold themselves up for obloquy and ridicule in their interpretation of the most solemn rights of loyal citizens, and make our constitutional law to mean anything or nothing as the case may be. You will see, gentlemen, that the very point which the South contended for as the true one is here acknowledged to be the true one by the Supreme Court—that of State rights superior to national authority. The whole of the recent contest hinged upon this. The appeal to arms and the constitutional amendments were to establish the subordination of the State to national supremacy, to maintain the national authority over any and all subjects in which the rights and privileges of the citizens of the United States were involved; but this decision in Mrs. Minor's case completely nullifies the supreme authority of the government, and gives the States more than has hitherto been claimed for them by the advocates of State rights. The subject of the franchise is thus wholly withdrawn from federal supervision and control. If "the United States has no citizens of its own creation," of course no supreme allegiance can be claimed over the various citizens of the States.
The constitutional amendments cannot confer authority over a matter which has no existence in the constitution. If it has no voters, it can have nothing whatever to do with the elections and voting in the States; yet the United States invaded the State of New York, sent its officers there to try, convict, and sentence Miss Anthony for exercising a right in her own State which they declared the United States had no jurisdiction over. They send United States troops into the South to protect the negro in his right to vote, and then declare they have no jurisdiction over his voting. Then, mark the grave results which may and can follow this decision and legislation. I do not imagine that the Supreme Court, in its cowardly dodging of woman's right to all the rights and privileges which citizenship involves, designed to completely abrogate the principles established by the recent contest, or to nullify the ensuing legislation on the subject. But it certainly has done all this; for it must logically follow that if the United States has no citizens, it cannot legislate upon the rights of citizens, and the recent amendments are devoid of authority. It has well been suggested by Mr. Minor, in his criticism of the decision, that if members of the House of Representatives are elected by State voters, as the Supreme Court has declared, there is no reason why States may not refuse to elect them as in 1860, and thus deprive congress of its power. And if a sufficient number could be united to recall at their pleasure these representatives, what authority has the federal government, under this decision, for coërcing them into subjection or refusing them a separation, if all these voters in the States desired an independent existence? None whatever. Mr. Garfield, in the House, in his speech last March, calls attention to this subject, but does not allude to the fact that the Supreme Court has already opened the door. He says:
There are several ways in which our government may be annihilated without the firing of a gun. For example, suppose the people of the United States should say, we will elect no representatives to congress. Of course this is a violent supposition; but suppose that they do not. Is there any remedy? Does our constitution provide any remedy whatever? In two years there would be no House of Representatives; of course, no support of the government and no government. Suppose, again, the States should say, through their legislatures, we will elect no senators. Such abstention alone would absolutely destroy this government; and our system provides no process of compulsion to prevent it. Again, suppose the two houses were to assemble in their usual order, and a majority of one in this body or in the Senate should firmly band themselves together and say, we will vote to adjourn the moment the hour of meeting arrives, and continue so to vote at every session during our two years of existence—the government would perish, and there is no provision of the constitution to prevent it.
The States may inform their representatives that they can do this; and, under this position, they have the power and the right so to do.
Gentlemen, we are now on the verge of one of the most important presidential campaigns. The party in power holds its reins by a very uncertain tenure. If the decision shall favor the one which has been on the anxious bench for lo! these twenty years, and in probation until hope has well-nigh departed, what may be its action if invested again with the control of the destinies of this nation? The next party in power may inquire, and answer, by what right and how far the Southern States are bound by the legislation in which they had no part or consent. And if the Supreme Court of a Republican judiciary now declares, after the war, after the constitutional amendments, that federal suffrage does not exist and never had an existence in the constitution, it follows that the South has the right to regulate and control all of the questions arising upon suffrage in the several States without any interference on the part of an authority which declares it has no jurisdiction. An able writer has said:
All injustice at last works out a loss. The great ledger of nations does not report a good balance for injustice. It has always met fearful losses. The irrepealable law of justice will, sooner or later, grind a nation to powder if it fail to establish that equilibrium of allegiance and protection which is the essential end of all government. Woe to that nation which thinks lightly of the duties it owes to its citizens and imagines that governments are not bound by moral laws.
It was the tax on tea—woman's drink prerogative—which precipitated the rebellion of 1776. To allay the irritation of the colonies, all taxes were rescinded save that on tea, which was left to indicate King George's dominion. But our revolutionary fathers and mothers said, "No; the tax is paltry, but the principle is great"; and Eve, as usual, pointed the moral for Adam's benefit. A most suggestive picture, one which aroused the intensest patriotism of the colonies, was that of a woman pinioned by her arms to the ground by a British peer, with a British red-coat holding her with one hand and with the other forcibly thrusting down her throat the contents of a tea-pot, which she heroically spewed back in his face; while the figure of Justice, in the distance, wept over this prostrate Liberty. Now, gentlemen, we might well adopt a similar representation. Here is Miss Smith of Glastonbury, Conn., whose cows have been sold every year by the government, contending for the same principle as our forefathers—that of resistance to taxation without representation. We might have a picture of a cow, with an American tax-collector at the horns, a foreign-born assessor at the heels, forcibly selling the birthright of an American citizen, while Julia and Abby Smith, in the background, with veiled faces, weep over the degeneracy of Republican leadership.
But there are those in authority in the government who do not believe in this decision by the Supreme Court of the United States. The attorney-general, in his instructions to the United States marshals and their deputies or assistants in the Southern States, when speaking of the countenance and support of all good citizens of the United States in the respective districts of the marshals, remarks:
It is not necessary to say that it is upon such countenance and support that the United States mainly rely in their endeavor to enforce the right to vote which they have given or have secured.
You notice the phraseology. Again, he says:
The laws of the United States are supreme, and so, consequently, is the action of officials of the United States in enforcing them.
Secretary Sherman said in his speech at Steubenville, July 6:
The negroes are free and are citizens and voters. That, at least, is a part of the constitution and cannot be changed.
And President Hayes in his two last messages, as Mrs. Blake recited to you, has declared that—
United States citizenship shall mean one and the same thing and carry with it all over our wide territory unchallenged security and respect.
And that is what we ask for women.
In conclusion, gentlemen, I say to you that a sense of justice is the sovereign power of the human mind, the most unyielding of any; it rewards with a higher sanction, it punishes with a deeper agony than any earthly tribunal. It never slumbers, never dies. It constantly utters and demands justice by the eternal rule of right, truth and equity. And on these eternal foundation-stones we stand.
Crowning the dome of this great building there stands the majestic figure of a woman representing Liberty. It was no idealistic thought or accident of vision which gave us Liberty prefigured by a woman. It is the great soul of the universe pointing the final revelation yet to come to humanity, the prophecy of the ages—the last to be first.[59]
Sec. 1,992. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.
Sec. 1,994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.