Swisshelm must not be forgotten. Three n.o.ble daughters, with hand and heart devoted to the work, made it possible for Josephine S. Griffing to accomplish what she did in the Freedman"s Bureau. With Anna d.i.c.kinson stood hosts of women identified with the Anti-Slavery and the liberal republican movement; and behind the leaders of the National Woman"s Loyal League stood 300,000 pet.i.tioners for freedom and equality to the black man, and the select body demanding the right of suffrage for woman, who thoroughly understood the genius of republican inst.i.tutions.

[47] The facts that Miss Carroll planned the campaign on the Tennessee; that Dr. Elizabeth Blackwell originated the Sanitary movement; and that those Senators most active in carrying the measure for a Freedman"s Bureau through Congress, intended that Mrs. Griffing should be its official head, are known only to the few behind the scenes, facts published now on the page of history for the first time.

CHAPTER XVII.

CONGRESSIONAL ACTION.

First pet.i.tions to Congress December, 1865, against the word "male" in the 14th Amendment--Joint resolutions before Congress--Messrs. Jenckes, Schenck, Broomall, and Stevens--Republicans protest in presenting pet.i.tions--The women seek aid of Democrats--James Brooks in the House of Representatives--Horace Greeley on the pet.i.tions--Caroline Healy Dall on Messrs. Jenckes and Schenck--The District of Columbia Suffrage bill--Senator Cowan, of Pennsylvania, moved to strike out the word "male"--A three days" debate in the Senate--The final vote nine in favor of Mr. Cowan"s amendment, and thirty-seven against.

Liberty victorious over slavery on the battle-field had now more powerful enemies to encounter at Washington. The slave set free; the master conquered; the South desolate; the two races standing face to face, sharing alike the sad results of war, turned with appealing looks to the General Government, as if to say, "How stand we now?"

"What next?" Questions, our statesmen, beset with dangers, fears for the nation"s life, of party divisions, of personal defeat, were wholly unprepared to answer. The reconstruction of the South involved the reconsideration of the fundamental principles of our Government, and the natural rights of man. The nation"s heart was thrilled with prolonged debates in Congress and State Legislatures, in the pulpits and public journals, and at every fireside on these vital questions, which took final shape in three historic amendments.

The first point, his emanc.i.p.ation, settled, the political status of the negro was next in order; and to this end various propositions were submitted to Congress. But to demand his enfranchis.e.m.e.nt on the broad principle of natural rights, was hedged about with difficulties, as the logical result of such action must be the enfranchis.e.m.e.nt of all ostracised cla.s.ses; not only the white women of the entire country, but the slave women of the South. Though our Senators and Representatives had an honest aversion to any proscriptive legislation against loyal women, in view of their varied and self-sacrificing work during the war, yet the only way they could open the const.i.tutional door just wide enough to let the black _man_ pa.s.s in, was to introduce the word "male" into the national Const.i.tution.

After the generous devotion of such women as Anna Carroll and Anna d.i.c.kinson in sustaining the policy of the Republicans, both in peace and war, they felt it would come with an ill-grace from that party, to place new barriers in woman"s path to freedom. But how could the amendment be written without the word "male"? was the question.

Robert Dale Owen, being at Washington and behind the scenes at the time, sent copies of the various bills to the officers of the Loyal League in New York, and related to them some of the amusing discussions. One of the Committee proposed "persons" instead of "males." "That will never do," said another, "it would enfranchise all the Southern wenches." "Suffrage for black men will be all the strain the Republican party can stand," said another. Charles Sumner said, years afterward, that he wrote over nineteen pages of foolscap to get rid of the word "male" and yet keep "negro suffrage" as a party measure intact; but it could not be done.

Miss Anthony and Mrs. Stanton, ever on the watch-tower for legislation affecting women, were the first to see the full significance of the word "male" in the 14th Amendment, and at once sounded the alarm, and sent out pet.i.tions[48] for a const.i.tutional amendment to "prohibit the States from disfranchising any of their citizens on the ground of s.e.x."[49]

Miss Anthony, who had spent the year in Kansas, started for New York the moment she saw the propositions before Congress to put the word "male" into the National Const.i.tution, and made haste to rouse the women in the East to the fact that the time had come to begin vigorous work again for woman"s enfranchis.e.m.e.nt.[50] Mr. Tilton (December 27, 1865) proposed the formation of a National Equal Rights Society, demanding suffrage for black men and women alike, of which Wendell Phillips should be President, and the _National Anti-Slavery Standard_ its organ. Mr. Beecher promised to give a lecture (January 30th) for the benefit of this universal suffrage movement. The _New York Independent_ (Theodore Tilton, editor) gave the following timely and just rebuke of the proposed retrogressive legislation:

A LAW AGAINST WOMEN.

The spider-crab walks backward. Borrowing this creature"s mossy legs, two or three gentlemen in Washington are seeking to fix these upon the Federal Const.i.tution, to make that instrument walk backward in like style. For instance, the Const.i.tution has never laid any legal disabilities upon woman. Whatever denials of rights it formerly made to our slaves, it denied nothing to our wives and daughters. The legal rights of an American woman--for instance, her right to her own property, as against a squandering husband; or her right to her own children, as against a malicious father--have grown, year by year, into a more generous and just statement in American laws. This beautiful result is owing in great measure to the persistent efforts of many n.o.ble women who, for years past, both publicly and privately, both by pen and speech, have appealed to legislative committees, and to the whole community, for an enlargement of the legal and civil status of their fellow-country women. Signal, honorable, and beneficent have been the works and words of Lucretia Mott, Lydia Maria Child, Paulina W. Davis, Abby Kelly Foster, Frances D. Gage, Lucy Stone, Caroline H. Dall, Antoinette Brown Blackwell, Susan B.

Anthony, Elizabeth Cady Stanton, and many others. Not in all the land lives a poor woman, or a widow, who does not owe some portion of her present safety under the law to the brave exertions of these faithful laborers in a good cause.

Now, all forward-looking minds know that, sooner or later, the chief public question in this country will be woman"s claim to the ballot. The Federal Const.i.tution, as it now stands, leaves this question an open one for the several States to settle as they choose. Two bills, however, now lie before Congress proposing to array the fundamental law of the land against the mult.i.tude of American women by ordaining a denial of the political rights of a whole s.e.x. To this injustice we object totally! Such an amendment is a snap judgment before discussion; it is an obstacle to future progress; it is a gratuitous bruise inflicted upon the most tender and humane sentiment that has ever entered into American politics. If the present Congress is not called to legislate _for_ the rights of women, let it not legislate _against_ them.

But Americans now live who shall not go down into the grave till they have left behind them a Republican Government; and no republic is Republican which denies to half its citizens those rights which the Declaration of Independence, and which a true Christian Democracy make equal to all. Meanwhile, let us break the legs of the spider-crab!

While the 13th Amendment was pending, Senator Sumner wrote many letters to the officers of the Loyal League, saying, "Send on the pet.i.tions; they give me opportunity for speech." "You are doing a n.o.ble work." "I am grateful to your a.s.sociation for what you have done to arouse the country to insist on the extinction of slavery." And our pet.i.tions were sent again and again, 300,000 strong, and months after the measure was carried, they still rolled in from every quarter where the tracts and appeals had been scattered. But when the proposition for the 14th Amendment was pending, and the same women pet.i.tioned for their own civil and political rights, they received no letters of encouragement from Republicans nor Abolitionists; and now came some of the severest trials the women demanding the right of suffrage were ever called on to endure. Though loyal to the Government and the rights of the colored race, they found themselves in antagonism with all with whom they had heretofore sympathized. Though Unionists, Republicans, and Abolitionists, they could not without protest see themselves robbed of their birth-right as citizens of the republic by the proposed amendment. Republicans presented their pet.i.tions in a way to destroy their significance, as pet.i.tions for "universal suffrage," which to the public meant "manhood suffrage."

Abolitionists refused to sign them, saying, "This is the negro"s hour."[51] Colored men themselves opposed us, saying, do not block our chance by lumbering the Republican party with Woman Suffrage.

The Democrats readily saw how completely the Republicans were stultifying themselves and violating every principle urged in the debates on the 13th Amendment, and volunteered to help the women fight their battle. The Republicans had declared again and again that suffrage was a natural right that belonged to every citizen that paid taxes and helped to support the State. They had declared that the ballot was the only weapon by which one cla.s.s could protect itself against the aggressions of another. Charles Sumner had rounded out one of his eloquent periods, by saying, "The ballot is the Columbiad of our political life, and every citizen who holds it is a full-armed monitor."

The Democrats had listened to all the glowing debates on these great principles of freedom until the argument was as familiar as a, b, c, and continually pressed the Republicans with their own weapons. Then those loyal women were taunted with having gone over to the Democrats and the Disunionists. But neither taunts nor persuasions moved them from their purpose to prevent, if possible, the introduction of the word "male" into the Federal Const.i.tution, where it never had been before. They could not see the progress--in purging the Const.i.tution of all invidious distinctions on the ground of color--while creating such distinctions for the first time in regard to s.e.x.

In the face of all opposition they scattered their pet.i.tions broadcast, and in one session of Congress they rolled in upwards of ten thousand. The Democrats treated the pet.i.tioners with respect, and called attention in every way to the question.[52] But even such Republicans as Charles Sumner presented them, if at all, under protest. A pet.i.tion from Ma.s.sachusetts, with the name of Lydia Maria Child at the head, was presented by the great Senator under protest as "most inopportune!" As if there could be a more fitting time for action than when the bills were pending.

During the morning hour of February 21st, Senator Henderson, of Missouri, presented a pet.i.tion from New York.

SUFFRAGE FOR WOMEN.

Mr. HENDERSON: I present the pet.i.tion of Mrs. Gerrit Smith and twenty-seven other ladies of the United States, the most of them from the State of New York, praying that the right of suffrage be granted to women. Along with the pet.i.tion I received a note, stating as follows:

I notice in the debates of to-day that Mr. Yates promises, at the "proper time" to tell you why the women of Illinois are not permitted to vote. To give you an opportunity to press him on this point I send you a pet.i.tion, signed by twenty-eight intelligent women of this State, who are native-born Americans--read, write, and pay taxes, and now claim representation! I was surprised to-day to find Mr.

Sumner presenting a pet.i.tion, with an apology, from the women of the republic. After his definition of a true republic, and his lofty peans to "equal rights" and the ballot, one would hardly expect him to ignore the claims of fifteen million educated tax-payers, now taking their places by the side of man in art, science, literature, and government. I trust, sir, you will present this pet.i.tion in a manner more creditable to yourself and respectful to those who desire to speak through you. Remember, the right of pet.i.tion is our only right in the Government; and when three joint resolutions are before the House to introduce the word "male" into the Federal Const.i.tution, "it is the proper time" for the women of the nation to be heard, Mr. Sumner to the contrary notwithstanding.

The right of pet.i.tion is a sacred right, and whatever may be thought of giving the ballot to women, the right to ask it of the Government can not be denied them. I present this pet.i.tion without any apology. Indeed, I present it with pleasure. It is respectful in its terms, and is signed by ladies occupying so high a place in the moral, social, and intellectual world, that it challenges at our hands, at least a respectful consideration.

The distinguished Senators from Ma.s.sachusetts and from Illinois must make their own defense against the a.s.sumed inconsistency of their position. They are abundantly able to give reasons for their faith in all things; whether they can give reasons satisfactory to the ladies in this case, I do not know. The Senators may possibly argue that if women vote at all, the right should not be exercised before the age of twenty-one; that they are generally married at or before that age, and that when married, they become, or ought to become, merged in their husbands; that the act of one must be regarded as the act of the other; that the good of society demands this unity for purposes of social order; that political differences should not be permitted to disturb the peace of a relation so sacred. The honorable Senators will be able to find authority for this position, not only in the common law, approved as it is by the wisdom and experience of ages, but in the declaration of the first man, on the occasion of the first marriage, when he said, "This is now bone of my bone and flesh of my flesh." It may be answered, however, that the wife, though one with her husband, at least const.i.tutes his better half, and if the married man be ent.i.tled to but one vote, the unmarried man should be satisfied with less than half a vote. [Laughter]. Having some doubts, myself, whether beyond a certain age, to which I have not yet arrived, such a man should be ent.i.tled to a vote or even half a vote, I leave the difficulty to be settled by my friend from Ma.s.sachusetts and the fair pet.i.tioners. The pet.i.tioners claim, that as we are proposing to enfranchise four million emanc.i.p.ated slaves, equal and impartial justice alike demands the suffrage for fifteen million women. At first view the proposition can scarcely be met with denial, yet reasons "thick as blackberries"

and strong as truth itself may be urged in favor of the ballot in the one case, which can not be urged in the other.

Mr. SAULSBURY: I rise to a point of order. My point of order is, that a man who has lived an old bachelor as long as the Senator from Missouri has, has no right to talk about women"s rights.

[Laughter].

The PRESIDENT _pro tem._: The chair moves that is not a point of order; and the Senator from Missouri will proceed.

Mr. HENDERSON: I had no idea that that was a point of order, sir.

Whatever may be said theoretically about the elective franchise as a natural right, in practice at least, it has always been denied in the most liberal States to more than half the population. It is withheld from those whose crimes prove them devoid of respect for social order, and generally from those whose ignorance or imbecility unfits them for an intelligent appreciation of the duties of citizens and the blessings of good government. To women the suffrage has been denied in almost all Governments, not for the reasons just stated, but because it is wholly unnecessary as a means of their protection. In the government of nature the weaker animals and insects, dependent on themselves for safety and life, are provided with means of defense. The bee has its sting and the despised serpent its deadly poison. So, in the Governments of men, the weak must be provided with power to inspire fear at least in the strong, if not to command their respect. Political power was claimed originally by the people as a means of protecting themselves against the usurpations of those in power, whose interests or caprices might lead to their oppression. Hence came the republican system. But it was never thought the interests or caprices of men could lead to a denial of the civil rights or social supremacy of woman. People of one race have always been unjust to those of another. The ignorant and sordid Jew despised the Samaritan and scoffed at the idea of his equality. To him the learned and accomplished Greek was a barbarian, and all rights were denied him except those simple rights accorded to the most degraded Gentile. Chinamen, to-day, believe as firmly in the superiority of the celestial race as Americans do in the superiority of the Anglo-Saxon. All races of men are unjust to other races. They are unjust because of pride. That very pride makes them just to the women of their own race. There may be men who have prejudice against race; they are less than men who have prejudice against s.e.x. The social position of woman in the United States is such that no civil right can be denied her. The women here have entire charge of the social and moral world. Hence she must be educated. First impressions are those which bend the mind to n.o.ble or ign.o.ble action, and these impressions are made by mothers. To have intelligent voters we must have intelligent mothers. To have free men we must have free women. The voter from this source receives his moral and intellectual training. Woman makes the voter, and should not descend from her lofty sphere to engage in the angry contests of her creatures. She makes statesmen, and her gentle influence, like the finger of the angel pointing to the path of duty, would be lost in the controversies of political strife. She makes the soldier, infuses courage and patriotism in his youthful heart, and hovers like an invisible spirit over the field of battle, urging him on to victory or death in defense of the right. Hence woman takes no musket to the battle-field. Here, as in politics, her personal presence would detract from her power. Galileo, Newton, and La Place could not fitly discuss the laws of planetary motion with ignorant rustics at a country inn. The learned divine who descends from the theological seminary to wrangle upon doctrinal points with the illiterate, stubborn teacher of a small country flock must lose half his influence for good. Our Government is built as our Capitol is built. The strong and brawny arms of men, like granite blocks, support its arches; but woman, lovely woman, the true G.o.ddess of Liberty, crowns its dome.

Mr. YATES: I wish to ask the Senator from Missouri a question. I understand that he has introduced a resolution to amend the Const.i.tution of the United States so that there shall be no distinction on account of color. Will the gentleman accept an amendment to that resolution that there shall be no distinction in regard to s.e.x?

Mr. HENDERSON: I have given my views, I think, very distinctly, as the Senator would have found if he had listened, in the latter part of what I have just stated in reference to the question of voting. In reply to what he has said, I will say that I do not think that on the mere presentation of a pet.i.tion it is in order to discuss the merits of the pet.i.tion. I hope, therefore, that the Senator will not insist upon entering into a question of that sort now.

Mr. YATES: I shall not do so. I only wish to say that I am not proposing to amend the Const.i.tution. I simply desire to give rights to those who have rights under the Const.i.tution as it has been amended. When I propose to amend the Const.i.tution then the question will come up whether I will allow women to vote or not.

Mr. SUMNER: Before this pet.i.tion pa.s.ses out of sight I wish to make one observation, and only one. The Senator from Missouri began by an allusion to myself and to a remark which fell from me when I presented the other day a pet.i.tion from women of the United States praying for the ballot. I took occasion then to remark that in my opinion the pet.i.tion at that time was not judicious. That was all that I said. I did not undertake to express my opinion on the great question whether women should vote or should not vote. I did venture to say that in my opinion it was not judicious for them at this moment to bring forward their claims so as to compromise in any way the great question of equal rights for an enfranchised race now before Congress. The Senator has quoted a letter suggesting that I did not present the pet.i.tion in a creditable way. I have now to felicitate my excellent friend on the creditable way in which he has performed his duty. [Laughter].

Mr. YATES: Allow me to say that I think the two gentlemen, one of whom has arrived at the age of forty-nine and the other sixty-three, have no right to discuss the question of women"s rights in the Senate. [Laughter].

The PRESIDENT _pro tem._: Will the Senator from Missouri suggest the disposition he wishes made of this pet.i.tion?

Mr. HENDERSON: Let it lie on the table.

The PRESIDENT _pro tem._: That order will be made.

The wriggling, the twisting, the squirming of the Republicans at this crisis under the double fire of the Democrats and the women, would have been laughable, had not their proposed action been so outrageously unjust and ungrateful. The tone of the Republican press[53] was stale, flat, and unprofitable. But while their journals were thus unsparing in their ridicule and criticism of the loyal women who had proved themselves so patriotic and self-sacrificing, they would grant them no s.p.a.ce in their columns to reply.[54]

The second session of the Thirty-ninth Congress is memorable for an able debate in the Senate on the enfranchis.e.m.e.nt of woman, on the bill[55] "to regulate the franchise in the District of Columbia,"

which proposed extending the suffrage to the "males" of the colored race. On Monday, December 10, 1866, Senator Cowan, of Pennsylvania, moved to amend the amendment by striking out the word "male" before the word person. This debate in the Senate lasted three entire days, and during that time the comments of the press were as varied as they were mult.i.tudinous. Even Horace Greeley,[56] who had ever been a true friend to woman, in favor of all her rights, industrial, educational, and political, said the time had not yet come for her enfranchis.e.m.e.nt.

From _The Congressional Globe_ of December 11th, 12th, 13th, 1866, we give the debates on Mr. Cowan"s amendment. In moving to drop the word "male" from the District of Columbia Suffrage bill, he said:

Mr. PRESIDENT: It is very well known that I have always heretofore been opposed to any change of the kind contemplated by this bill; but while opposing that change I have uniformly a.s.serted that if it became inevitable, if the change was certain, I should insist upon this change as an accompaniment. It is agreed--for I suppose when my honorable friend from Rhode Island [Mr. Anthony] and myself agree to it, it will be taken to be the universal sentiment of the body--that the right of suffrage is not a natural right, but a conventional right, and that it may be limited by the community, the body-politic, in any manner they see fit and consistent with their sense of propriety and safety.

The proposition now before the Senate is to confer on the colored people of this District the right of franchise; that is, the advocates of the bill say that that will be safe and prudent and proper, and will contribute, of course, to the happiness of the ma.s.s of the inhabitants of the District; and they further say that no reason can be given why a man of one color should not vote as well as a man of another color, especially when both are equally members of the same society, equally subjected to its burdens, equally to be called upon to defend it in the field, and all that. I agree to a great portion of that. I do not know and never did know any very good reason why a black man should not vote as well as a white man, except simply that all the white men said, "We do not like it." I do not know of any very good reason why a black woman should not marry a white man, but I suppose the white man would give about the same reason, he does not like to do it. There are certain things in which we do not like to go into partnership with the people of different races and between whom and ourselves there are tribal antipathies. It is now proposed to break down that barrier, so far as political power may be concerned, and admit both equally to share in this privilege; and since the barrier is to be broken down, and since there is to be a change, I desire another change, for which I think there is quite as good a reason, and a little better, perhaps, than that offered for this. I propose to extend this privilege not only to males, but to females as well: and I should like to hear even the most astute and learned Senator upon this floor give any better reason for the exclusion of females from the right of suffrage than there is for the exclusion of negroes.

I want to hear that reason. I should like to know it.

Now, for my part, I very much prefer, if the franchise is to be widened, if more people are to be admitted to the exercise of it, to allow females to partic.i.p.ate than I would negroes; but certainly I shall never give my consent to the disfranchis.e.m.e.nt of females who live in society, who pay taxes, who are governed by the laws, and who have a right, I think, even in that respect, at times to throw their weight in the balance for the purpose of correcting the corruptions and the viciousness to which the male portions of the family tend. I think they have a right to throw their influence into the scale; and I should like to hear any reason to be offered why this should not be. Taxation and representation ought to go hand in hand. That we have heard here until all ears have been wearied with it. If taxation and representation are to go hand in hand, why should they not go hand in hand with regard to the female as well as the male? Is there any reason why Mrs. Smith should be governed by a goat-head of a mayor any more than John Smith, if he could correct it? He is paid by taxes levied and a.s.sessed on her property just in the same way as he is paid out of taxes levied on the property of John. If she commits an offense she is subjected to be tried, convicted, and punished by the other s.e.x alone; and she has no protection whatever in any way either as to her property, her person, or to her liberty very often. There is another thing, too. A great many reflections have been made upon the white race keeping the black in slavery. I should like to know whether we have not partially kept the female s.e.x in a condition of slavery, particularly that part of them who labor for a living? I do not know of any reason in the world why a woman should be confined to two dollars a week when a man gets two dollars a day and does not do any more work than she does, and does not do that which he does do quite so well at all times.

Mr. President, if we are to venture upon this wide sea of universal suffrage, I object to manhood suffrage. I do not know anything specially about manhood which dedicates it to this purpose more than exists about womanhood. Womanhood to me is rather the more exalted of the two. It is purer; it is higher; it is holier; and it is not purchasable at the same price that the other is, in my judgment. If you want to widen the franchise so as to purify your ballot-box, throw the virtue of the country into it; throw the temperance of the country into it; throw the purity of the country into it; throw the angel element, if I may so express myself, into it. [Laughter]. Let there be as little diabolism as possible, but as much of the divinity as you can get. Therefore, Mr. President, I put this as a serious question for the consideration of this body. In the presence of the tendencies of the age and in recognition of this movement, which my honorable friend from Ma.s.sachusetts is always talking about, and of which he seems to have had premonition long before it came to any of the rest of us--I say in the face of this movement and in recognition of it, I earnestly beg all patriots here to think of this proposition. It is inevitable. How are you to resist when it is made the demand of fifteen million American females for this right, which can be granted and which can be as safely exercised in their hands as it can in the hands of negroes? And I would ask gentlemen while they are bestowing this ballot which has such merit in it, which has such a healing efficacy for all ills, which educates people, and which elevates them above the common level of mankind, and which, above all, protects them, how they will go home and look in the face their sewing women, their laboring women, their single women, their taxed women, their overburdened women, their women who toil till midnight for the barest subsistence, and say to them, "We have it not for you; we could give it to the negro, but we could not give it to you."

How would the honorable Senator from Ma.s.sachusetts face the recent meeting of the Equal Rights Society in Philadelphia? How would he answer the potent arguments which were offered there and which challenge an answer even from the Senate of the United States, when made by women of the highest intellect, perhaps, on the planet, and women who are determined, knowing their rights, to maintain them and to secure them? I ask honorable Senators of his faith how they are to answer those ladies there? If this is refused, how are Senators to answer, especially those who recognize the onward force of this movement, who are up to the tendencies of the times, who desire to keep themselves in front of the great army of humanity which is marching forward just as certainly to universal suffrage as to universal manhood suffrage.

Therefore, Mr. President, I offer this amendment and ask for the yeas and nays upon it.

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