The History of Woman Suffrage, Volume V

by Unknown

Before this Federal Amendment could become effective it had to be ratified by the Legislatures of thirty-six States, three-fourths of the whole number. The plan by which Mrs. Catt, president of the National American Suffrage Association, had expected ratification to follow the submission immediately was that all of the western equal suffrage States would ratify at once. To make certain that this would be done a representative of the association was sent on a circuit of these States while the amendment was still pending. She called on the Governors and instructed the women as to the procedure when it was submitted. If there had been the expected early vote this plan would have succeeded but it was thwarted by the late submission. Had the vote taken place even as late as February, 1919, the Legislatures could have considered it, which was the principal reason why the opponents prevented it. By June 4 most of them had adjourned not to meet again for two years. A few, however, were still in session and of these Illinois, Wisconsin and Michigan ratified it within six days of its submission and Pennsylvania and Massachusetts a little later. That of Ohio had taken a recess until June 16 and ratified it on this date.

To obtain enough extra sessions, with all the expense, time and trouble entailed, seemed a hopeless undertaking. Nevertheless, scarcely had the Senate vote been announced when Mrs. Catt began telegraphing to the Governors of many States a request that they would call special sessions for the purpose of ratification. This was favored by leaders in both political parties in order that it might be completed in time for the women of the entire country to vote in the general election of 1920.

Governors Alfred E. Smith (Dem.) of New York and Henry J. Allen (Rep.) of Kansas were the first to call special sessions. They were followed by a few others, some willingly, others under great pressure from the women of their States. Even the Governors of some of the equal suffrage States were hesitating for various reasons and vigorous action seemed to be necessary. Under the auspices of the National Association four women, Mrs. Minnie Fisher Cunningham of Texas, Mrs. John G. South of Kentucky, Mrs. Ben Hooper of Wisconsin and Miss Marjorie Shuler of New York, were sent to these States in July. The two Republican women visited Republican States and the two Democratic women visited Democratic States, the four reaching Salt Lake City to attend the National Conference of Governors. Despite their pledges of extra sessions some of them still demurred, as special sessions were not approved by the taxpayers. Two of these Governors, one Republican and one Democratic, were threatened with impeachment proceedings whenever the Legislature should meet. Others feared that matters besides the ratification might come up.

The summer waned and the required number of special sessions were not called, although letters and telegrams and every kind of influence were being used. Finally Mrs. Catt herself headed a deputation consisting of Miss Julia Lathrop, chief of the U. S. Children's Bureau; Mrs. Jean Nelson Penfield of New York; Dr. Valeria H. Parker of Connecticut; Mrs. Catharine Waugh McCulloch of Illinois, Mrs. Edward P. Costigan of Colorado and Miss Shuler, who had continued working in those western States. The Governors were again interviewed; the situation was presented to the States through public meetings and at last the desired pledges were secured. In Oregon the women agreed to raise the money to pay for a special session. In Nevada, Wyoming and South Dakota campaigns to persuade the members to attend at their own expense were started and carried through. Altogether sixteen conferences were held in twelve western States. While this campaign in the West was under way the women of other States were hard at work to obtain legislative action. Those of Indiana had the Herculean task of collecting a petition of 86,000 names asking for a special session and securing pledges from two-thirds of the Legislature to consider no other business, before the Governor would call the session.

While this strenuous work was in progress, which continued into 1920, the National Republican and Democratic Committees, Will H. Hays and Homer S. Cummings, chairmen, used all of their great influence for special sessions and for favorable action. Prominent politicians of both parties lent their assistance. The successful efforts to secure ratification planks in the national platforms of all the political parties are described in [Chapter XXIII]. Every candidate for President and Vice-president gave his full endorsement.

It was only necessary for thirteen Legislatures to hold out against ratification to prevent the adoption of the amendment and those of the nine southeastern States from Maryland to Louisiana were certain to do this. All of them defeated it except that of Florida, which did not vote on it. By March 22, 1920, thirty-five Legislatures had ratified, leaving but four States from which to obtain the thirty-sixth and final ratification. Delaware defeated it in June, leaving only Tennessee, Connecticut and Vermont. A provision in the State constitution of Tennessee prevented action by its Legislature. The Republican Governors of Connecticut and Vermont refused absolutely to call a special session. The former declared that there was no emergency requiring it and was adamant to every argument. Mrs. Catt and her Board then undertook another Herculean task of bringing to Connecticut an influential woman from every State, and, cooperating with those of Connecticut, a mass meeting was held in Hartford. After this they divided into groups and held meetings in every city and large town, ending the campaign with a visit to the Governor, at which earnest pleas were made that he would call the Legislature to give the final vote for ratification, as the women of the nation were waiting for it. In Vermont, under the auspices of the National Board, 400 women of the State under most trying weather conditions met in Montpelier and called on the Governor with pleadings and arguments for a special session, through whose action the women of the whole country would be enfranchised. Both Governors remained obdurate.

In the meantime the opponents had succeeded in Maine under its Initiative and Referendum law in having the ratification submitted to the voters and they threatened to take this action in all States having this law. The Ohio Supreme Court sustained the legality of a petition for a referendum and it was carried to the Supreme Court of the United States—Hawk vs. the Secretary of the State of Ohio. Here it was argued April 23, 1920. On June 1 the Court announced its decision that the ratification of a Federal Amendment was not subject to action by the voters.

This decision removed the obstacle that existed in Tennessee and its Governor called a special session for August 9. Mrs. Catt took charge of the campaign in person and the ratification was obtained in the Senate on the 13th and the House on the 18th, in the latter with the greatest difficulty. It called for assistance from President Wilson, from both of the Presidential candidates, the National Committees of both parties and many prominent men and women within and without the State. A full account will be found in the Tennessee chapter. A vote for reconsideration followed; enough members left the State to prevent a quorum and it was not until the 24th that Governor Roberts could forward the certificate of ratification to Secretary of State Bainbridge Colby in Washington.[140] Here on August 26 he proclaimed the 19th Amendment a part of the Federal Constitution. A body of the Tennessee legislators, headed by Speaker of the House Seth Walker, went immediately to Washington and undertook to obtain an injunction on this action but it was refused by the court.

Although the ratification by the Tennessee Legislature was due to the votes of both Democrats and Republicans the former claimed the credit. The general election was close at hand in which all women could take part and Republican leaders felt that some action was necessary. Governor Marcus H. Holcomb of Connecticut called a special session of the Legislature for September 14 and its first act was to ratify the Federal Amendment by unanimous vote of the Senate and 216 to 11 in the House. Owing to a technical question the ratification was repeated September 21.[141]

The stories of these 37 ratifications are interesting—in some States occasions of much pleasure accompanied by music and feasting; in others strenuous contests which left some unpleasant memories. They are described in each State chapter and the failures as well. Especial reference should be made to those of States mentioned here and of Delaware, Virginia, West Virginia, North Carolina, Georgia, Mississippi and Louisiana.