"3. If the mothers, sisters, wives, and daughters of New York are the peers and equals of their fathers, brothers, husbands, and sons, why should they not enjoy all civil and political rights equally with them? If they are, on the contrary, an inferior caste, how can a jury of men thus avowedly superior, be regarded as peers and equals of any woman whom they are summoned to try?
"4. Would the editor of _The Register_ consider himself justly treated if he would some day find himself governed by women, without his consent, taxed by women without power of voting for his representative, tried by a jury of women under laws made and administered by women?
"5. If prosecuted under the law of libel before a court of women for his late remarks, does he think he would get his deserts?
"FAIR PLAY."
_Knickerbocker_, Albany, March 8, 1854: GOING IT BLIND.--The editor of _The State Register_ is going it blind on woman"s rights matters. He was out on Monday with a half column leader that touched everything except the matter in dispute. We quote a paragraph:
"People are beginning to inquire how far public sentiment should sanction or tolerate these uns.e.xed women, who make a scoff at religion, who repudiate the Bible, and blaspheme G.o.d; who would step out from the true sphere of the mother, the wife, and the daughter, and take upon themselves the duties and the business of men; stalk into the public gaze, and by engaging in the politics, the rough controversies, and trafficking of the world, upheave existing inst.i.tutions, and overturn all the social relations of life."
_The Register_ either misunderstands matters, or else willfully misrepresents them. The leading women connected with this new movement do not scoff at religion, repudiate the Bible, nor blaspheme G.o.d. Mrs. Stanton and Miss Brown are no more opposed to G.o.d and religion than the editor of _The Register_ is. They are educated, Christian women, and would no sooner "overturn society"
than they would bear false witness against their neighbors.
Before _The Register_ again attacks the reforms proposed by the Woman"s Rights Conventions, it should become acquainted with them. "Going it blind," not only exposes one"s prejudices, but ignorance. Many of the innovations proposed by Mrs. Stanton are such as every common-sense man would or should vote for. We mean those improvements which she would have made in the rights of property and the care of children. There are other propositions in her platform which we should dissent from. _The State Register_ may do the same. All the "Woman"s Rights" women claim is fair play and truthful criticism. They object, however, to any misstatements. They are willing to fall before truth, but not before detraction. _The State Register_ will please notice and act accordingly.
Mrs. Stanton"s address to the Legislature was laid upon the members"
desks Monday morning, Feb. 20, 1854. When the order of pet.i.tions was reached, Mr. D. P. Wood, of Onondaga, presented in the a.s.sembly a pet.i.tion signed by 5,931 men and women, praying for the just and equal rights of women, which, after a spicy debate, was referred to the following Select Committee: James L. Angle, of Monroe Co.; George W.
Thorn, of Washington Co.; Derrick L. Boardman, of Oneida Co.; George H. Richards, of New York; James M. Munro, of Onondaga; Wesley Gleason, of Fulton; Alexander P. Sharpe, of New York.
In the Senate, on the same day, Mr. Richards, or Warren County, presented a pet.i.tion signed by 4,164 men and women, praying for the extension of the right of suffrage to women, and on his motion it was referred to the following Select Committee: George Yost, of Montgomery Co.; Ben. Field, of Orleans Co.; W. H. Robertson, of Westchester Co.
We give the report of the presentation and discussion of the pet.i.tions from _The Albany Evening Journal_ of Feb. 20, 1854:
WOMAN"S RIGHTS.
a.s.sEMBLY, Monday, _February 20, 1854_.
Mr. D. P. WOOD: I am requested by a Committee of the Woman"s Rights Convention recently a.s.sembled in this city, to present to this body their address, together with a pet.i.tion signed by 5,931 men and women, asking that certain withheld rights shall be granted to the women of the State. I ask the reference of these two doc.u.ments to a Select Committee of seven; and in making this motion, I wish the Speaker to waive the courtesy which would require him, under ordinary circ.u.mstances, to place me at the head of this Committee. I am already on several Committees which are pressed with business, and I would not, in my present state of health, be able to give the subject that careful consideration which the importance requires. I am satisfied, sir, that these ladies are ent.i.tled to some relief. They think so, and they say so, in language equally eloquent and impressive.
Mr. BURNETT: I hope the House will not act at all on this subject without due consideration. I hope before even this motion is put, gentlemen will be allowed to reflect upon the important question whether these individuals deserve any consideration at the hands of the Legislature. Whatever may be their pretensions or their sincerity, they do not appear to be satisfied with having uns.e.xed themselves, but they desire to uns.e.x every female in the land, and to set the whole community ablaze with unhallowed fire. I trust, sir, the House may deliberate before we suffer them to cast this firebrand into our midst. (Here was heard a "hiss" from some part of the chamber). True, as yet, there is nothing officially before us, but it is well known that the object of these uns.e.xed women is to overthrow the most sacred of our inst.i.tutions, to set at defiance the Divine law which declares man and wife to be one, and establish on its ruins what will be in fact and in principle but a species of legalized adultery.
That this is their real object, however they may attempt to disguise it, is well known to every one who has looked, not perhaps at the intentions of all who take part in it, but at the practical and inevitable result of the movement.
It is, therefore, a matter of duty, a duty to ourselves, to our consciences, to our const.i.tuents, and to G.o.d, who is the source of all law and of all obligations, to reflect long and deliberatively before we shall even seem to countenance a movement so unholy as this. The Spartan mothers asked no such immunities as are asked for by these women. The Roman mothers were content to occupy their legitimate spheres; and our own mothers, who possessed more than Spartan or Roman virtue, asked for no repudiation of the duties, obligations, or sacred relations of the marital rite.
Are we, sir, to give the least countenance to claims so preposterous, disgraceful, and criminal as are embodied in this address? Are we to put the stamp of truth upon the libel here set forth, that men and women, in the matrimonial relation, are to be equal? We know that G.o.d created man as the representative of the race; that after his creation, his Creator took from his side the material for woman"s creation; and that, by the inst.i.tution of matrimony, woman was restored to the side of man, and became one flesh and one being, he being the head. But this law of G.o.d and creation is spurned by these women who present themselves here as the exponents of the wishes of our mothers, wives, and daughters.
They ask no such exponents, and they repel their sacrilegious doctrines.
But again, sir, our old views of matrimony were, that it was a holy rite, having holy relations based on mutual love and confidence; and that while woman gave herself up to man, to his care, protection, and love, man also surrendered something in exchange for this confidence and love. He placed his happiness and his honor, all that belongs to him of human hopes and of human happiness, in the keeping of the being he received in the sacred relationship of wife. I say, sir, that this ordinance, sought to be practically overthrown by these persons, was established by G.o.d Himself; and was based on the mutual love and confidence of husband and wife. But we are now asked to have this ordinance based on jealousy and distrust; and, as in Italy, so in this country, should this mischievous scheme be carried out to its legitimate results, we, instead of reposing safe confidence against a.s.saults upon our honor in the love and affection of our wives, shall find ourselves obliged to close the approaches to those a.s.saults by the padlock. (The "hiss" was here repeated).
Mr. LOZIER: Mr. Speaker, twice I have heard a hiss from the lobby. I protest against the toleration of such an insult to any member of this House, and call for proper action in view of it.
The SPEAKER: The chair observed the interruption, and was endeavoring to discover its source, but has been unable to do so.
If, however, its author can be recognized, the chair will immediately order the person to the bar of the House.
Mr. BURNETT: I have nothing further. The leading features of this address are well known; and I do not wish at present to further enter upon the argument of its character. I merely wish that members be afforded time for consideration. I therefore move to lay the pending motion on the table.
D. P. WOOD: I am surprised that the gentleman from Ess.e.x, who professes to desire light, and to afford members time for examination, should make a motion which, if carried, will preclude light and prevent examination. The gentleman sees fit to regard the memorial of these 6,000 men and women as a firebrand.
I do not believe the ladies who presented it intended it as such; and they will be surprised to learn that a gentleman of his age and experience should have taken fire from it. Their requests are simple. They ask for "justice and equal rights," and this simple request is made the excuse for an attack upon them as unheard of as it is unjust. They ask only for "justice and equal rights." If the House does not see fit to grant them what they ask, let my motion be voted down, and send the memorial to the Judiciary Committee, of which the gentleman from Ess.e.x is chairman. Let such a disposition be made of it, and there will then be no danger that any one will be fired up by it, for it will then be sure to sleep the sleep of death.
Sir, when a pet.i.tion like this comes before the Legislature, it should not only be respectfully received, but courteously considered; particularly when it asks, as this pet.i.tion does, a review of the entire code of our statute laws. It should not be sent to a Committee adverse to its request. That would be unparliamentary and the end of it. If sent to such a Committee it would be smothered. The House, I am sure, is not prepared for any such disposition of the matter, but is willing to look candidly at the alleged grievances, and, if consistent with public policy, redress them, although in doing so we may infringe upon time-honored notions and usages.
Mr. PETERS: I am not surprised at the direction which the gentleman from Ess.e.x seeks to give this memorial. Any gentleman who would a.s.sail these ladies as he has done, would be prepared to make any disrespectful disposition of their rights. I may regret that he has sought to deny a hearing to these pet.i.tioners, but I am not surprised that he has done so. I trust that no other member on this floor will refuse, practically, to receive this pet.i.tion--refuse to our mothers, wives, and sisters, what we every day grant to our fathers, brothers, and sons. These women come here with a respectful pet.i.tion, and we should give them a candid and respectful hearing. If it be true, and true it is, that there are real grievances complained of, I hope they may be redressed after careful and candid consideration.
The time has gone by, sir, when we may say progress must stop. It is well known that in many particulars the laws are glaringly unjust in regard to the female s.e.x. The education of the s.e.x is defective; and this fact unfolds the secret germ of this movement. We should review the structure of our inst.i.tutions of learning, and see whether there be not there room for reform. I do not believe it to be a part of the duty of women to sit in the jury-box, to vote, or to partic.i.p.ate in all the tumultuous strifes of life; but I do believe that those who differ from me in opinion should have respectful hearing. Nor, because women are not allowed to vote, do I admit that they are precluded from all agency in the direction of national affairs. They, more than their husbands, have power over the future history of the country, by imparting a correct fireside education to their sons.
But there are legal disabilities imposed upon women which I would be willing to see removed, in regard to property, etc. Whether those disabilities are of a character to justify affirmative action on the part of this House or not, is not now the question.
The question simply is, shall this pet.i.tion be received? I trust that it may be, and that it may afterward be sent to a select committee.
Mr. BENEDICT: The gentleman from Onondaga asks that this pet.i.tion shall be sent to a select committee of seven, although he admits that the Judiciary Committee would be more appropriate, if it would not be sure, if sent to that Committee, to sleep the sleep of death. Sir, I am one of that Committee, and protest against any such imputation upon it. I will not only not vote to reject any pet.i.tion offered the House, but I will give every pet.i.tion sent to any committee of which I am a member a respectful hearing. This is a pet.i.tion signed by some 6,000 men and women.
They ask "justice" and relief. What kind of relief they may desire is no matter. It is enough for me to know that they ask to be heard. I shall vote to give them a hearing; and I can a.s.sure the gentleman from Onondaga that if sent to the Judiciary Committee it will sleep no sleep of death, but will be respectfully considered. A contrary intimation is an unjust reflection on that Committee.
Mr. WOOD: My remark was not intended to reflect upon that Committee. I referred merely to the great amount of business before it.
Mr. BENEDICT: There the gentleman is equally at fault. That Committee is a working Committee, and disposed of all the business before it on Friday last. I am, however, in favor of the motion for a select committee, and desire that the pet.i.tion should receive legitimate and careful consideration, not only because the pet.i.tion is largely signed, but because every pet.i.tion from any portion of the people on any subject, should receive a respectful hearing from the people"s representatives. I I hope, therefore, that not a single member may vote against the reception of this pet.i.tion, whatever his views may be in regard to granting its prayer. I am in favor of the right of pet.i.tion.
Mr. BURNETT: It was not my wish in the motion I made to have this pet.i.tion rejected. Had I intended any such thing I should have said so; for I always go directly at what I want to accomplish, and never fail to call things by their right names. I merely wished, before any disposition was made of the pet.i.tion, that the members should have time to examine the address, which is the key of the whole subject. This is all I desire; and it was simply an expression of this desire that has awakened all this windy gust of pa.s.sion. After members shall examine the address which accompanies this pet.i.tion, they can make such disposition of the pet.i.tion itself as they shall deem wise and proper. This is the length and breadth of my object and desire.
Mr. WOOD: I think the House understands the subject sufficiently to justify action upon my motion of reference.
The motion for the Select Committee prevailed, ayes, 84; the Committee appointed, and Mr. Wood excused from serving.
REPORT OF THE SELECT COMMITTEE.
IN a.s.sEMBLY, MONDAY, _March 27, 1854_.
The Select Committee, to whom was referred the various pet.i.tions requesting "the Senate and a.s.sembly of the State of New York to appoint a joint committee to revise the Statutes of New York, and to propose such amendments as will fully establish the legal equality of women with men," report: That they have examined the said pet.i.tion, and have heard and considered the suggestions of persons who have appeared before them on behalf of the pet.i.tioners.
Your Committee are well aware that the matters submitted to them have been, and still are, the subject of ridicule and jest; but they are also aware that ridicule and jest never yet effectually put down either truth or error; and that the development of our times and the progression of our age is such, that many thoughts laughed at to-day as wild vagaries, are to-morrow recorded as developed principles or embodied as experimental facts.
A higher power than that from which emanates legislative enactments has given forth the mandate that man and woman shall not be equal; that there shall be inequalities by which each in their own appropriate sphere shall have precedence to the other; and each alike shall be superior or inferior as they well or ill act the part a.s.signed them. Both alike are the subjects of Government, equally ent.i.tled to its protection; and civil power must, in its enactments, recognize this inequality. We can not obliterate it if we would, and legal inequalities must follow.
The education of woman has not been the result of statutes, but of civilization and Christianity; and her elevation, great as it has been, has only corresponded with that of man under the same influences. She owes no more to these causes than he does. The true elevation of the s.e.xes will always correspond. But elevation, instead of destroying, show? more palpably those inherent inequalities, and makes more apparent the harmony and happiness which the Creator designed to accomplish by them.
Your Committee will not attempt to prescribe, or, rather, they will not attempt to define the province and peculiar sphere which a power that we can not overrule has prescribed for the different s.e.xes. Every well-regulated home and household in the land affords an example ill.u.s.trative of what is woman"s proper sphere, as also that of man. Government has its miniature as well as its foundation in the homes of our country; and as in governments there must be some recognized head to control and direct, so must there also be a controlling and directing power in every smaller a.s.sociation; there must be some one to act and to be acted with as the embodiment of the persons a.s.sociated. In the formation of governments, the manner in which the common interest shall be embodied and represented is a matter of conventional arrangement; but in the family an influence more potent than that of contracts and conventionalities, and which everywhere underlies humanity, has indicated that the husband shall fill the necessity which exists for a head. Dissension and distraction quickly arise when this necessity is not answered. The harmony of life, the real interest of both husband and wife, and of all dependent upon them, require it. In obedience to that requirement and necessity, the husband is the head--the representative of the family.
It was strongly urged upon your Committee that women, inasmuch as their property was liable to taxation, should be ent.i.tled to representation. The member of this House who considers himself the representative only of those whose ballots were cast for him, or even of all the voters in his district, has, in the opinion of your Committee, quite too limited an idea of his position on this floor. In their opinion he is the representative of the inhabitants of his district, whether they be voters or not, whether they be men or women, old or young; and he who does not alike watch over the interests of all, fails in his duty and is false to his trust.
Your Committee can not regard marriage as a _mere contract_, but as something above and beyond; something more binding than records, more solemn than specialties; and the person who reasons as to the relations of husband and wife as upon an ordinary contract, in their opinion commits a fatal error at the outset; and your Committee can not recommend any action based on such a theory.
As society progresses new wants are felt, new facts and combinations are presented which constantly call for more or less of addition to the body of our laws, and often for innovations upon customs so old that "the memory of man runneth not to the contrary thereof." The marriage relation, in common with everything else, has felt the effects of this progress, and from time to time been the subject of legislative action. And while your Committee report adversely to the prayer of the pet.i.tions referred to them, they believe that the time has come when certain alterations and amendments are, by common consent, admitted as proper and necessary.
Your Committee recommend that the a.s.sent of the mother, if she be living, be made necessary to the validity of any disposition which the father may make of her child by the way of the appointment of guardian or of apprenticeship. The consent of the wife is now necessary to a deed of real estate in order to bar her contingent interest therein; and there are certainly far more powerful reasons why her consent should be necessary to the conveyance or transfer of her own offspring to the care, teaching, and control of another.
When the husband from any cause neglects to provide for the support and education of his family, the wife should have the right to collect and receive her own earnings and the earnings of her minor children, and apply them to the support and education of the family free from the control of the husband, or any person claiming the same through him.
There are many other rules of law applicable to the relation of husband and wife which, in occasional cases, bear hard upon the one or the other, but your Committee do not deem it wise that a new arrangement of our laws of domestic relations should be attempted to obviate such cases; they always have and always will arise out of every subject of legal regulation.
There is much of wisdom (which may well be applied to this and many other subjects) in the quaint remark of an English lawyer, philosopher, and statesman, that "it were well that men in their innovations would follow the example of time, which innovateth greatly but quietly, and by degrees scarcely to be perceived. It is good also in states not to try experiments, except the necessity be urgent and the utility evident; and well to beware that it be the reformation that draweth on the change, and not the desire of change that pretendeth the reformation."
In conclusion, your Committee recommend that the prayer of the pet.i.tioners be denied; and they ask leave to introduce a bill[127] corresponding with the suggestions hereinbefore contained.