The legislature is authorized to enact any law which it deems reasonable and proper, provided it is not repugnant to the const.i.tution of this State, nor to that of the United States. A law authorizing the appointment of women to act as justices of the peace would not, in our judgment, be repugnant to either. We fail to find a single word, or sentence, or clause of a sentence, which, fairly construed, either expressly or impliedly forbids the pa.s.sage of such a law. So far as the office of justice of the peace is concerned, there is not so much as a masculine p.r.o.noun to hang an objection upon.
It is true that the right to vote is limited to males. But the right to vote and the right to hold office are distinct matters.
Either may exist without the other. And it may be true that the framers of the const.i.tution did not contemplate--did not affirmatively intend--that women should hold office. But it by no means follows that they intended the contrary. The truth probably is that they had no intention one way or the other; that the matter was not even thought of. And it will be noticed that the unconst.i.tutionality of such a law is made to rest, not on any expressed intention of the framers of the const.i.tution that women should not hold office, but upon a presumed absence of intention that they should.
This seems to us a dangerous doctrine. It is nothing less than holding that the legislature cannot enact a law unless it appears affirmatively that the framers of the const.i.tution intended that such a law should be enacted. We cannot concur in such a doctrine. It would put a stop to all progress. We understand the correct rule to be the reverse of that; namely, that the legislature may enact any law they may think proper, unless it appears affirmatively that the framers of the const.i.tution intended that such a law should not be pa.s.sed. And the best and only safe rule for ascertaining the intention of the makers of any written law, is to abide by the language which they have used. And this is especially true of written const.i.tutions; for in preparing such instruments it is but reasonable to presume that every word has been carefully weighed, and that none is inserted and none omitted without a design for so doing. Taking this rule for our guide we can find nothing in the const.i.tution of the United States, or of this State, forbidding the pa.s.sage of a law authorizing the appointment of women to act as justices of the peace. We think such a law would be valid.
C. W. WALTON, WM. G. BARROWS.
The right of women to hold office was affirmed in the message of Governor Dingley, January, 1875:
In response to the questions propounded by the governor and council, a majority of the justices of the Supreme Court have given an opinion that, under the const.i.tution of Maine, women cannot act as justices of the peace, nor hold any other office mentioned in that instrument; but that it is competent for the legislature to authorize persons of either s.e.x to hold any ministerial office created by statute. As there can be no valid objection to, but on the contrary great convenience in, having women who may be acting as clerks in public or private offices authorized to administer oaths and take acknowledgment of deeds, I recommend the pa.s.sage of an act providing for the appointment of persons of either s.e.x, to perform such official duties.
Indeed, if further legislation be necessary to establish that principle, I suggest the justice and expediency of an enabling act recognizing the eligibility of women to office in the same manner as men; for I know of no sufficient reason why a woman, otherwise qualified, should be excluded from any position adapted to her tastes and acquirements, which the people may desire she should fill.
The legislature pa.s.sed the bill recommended by the governor.
In 1875 the Const.i.tutional Committee, by a vote of six to two, defeated the proposition to so amend the const.i.tution as to make women electors under the same regulations and restrictions as men.
The Maine Woman Suffrage a.s.sociation held its third annual meeting at Augusta on January 12, 1876, in the hall of the House of Representatives, the use of which had been courteously extended to the a.s.sociation. The hall and galleries were crowded in every part with an intelligent audience, whose close attention through all the sessions showed an earnest interest in the cause.
The meeting was called to order by Judge Kingsbury of Portland, president of the a.s.sociation.[184] Prayer was offered by Miss Angell of Canton, N. Y. Judge Kingsbury made the introductory address. Addresses were also made by H. B. Blackwell, Miss Eastman and Lucy Stone, showing the right and need of women in politics, and the duty of law-makers to establish justice for them. It was especially urged that the centennial celebration would be only a mockery if the Fourth of July, 1876, finds this government still doing to women what the British government did to the colonists a hundred years ago. Rev. Mr. Gage of Lewiston urged the right of women to vote in the interest of civilization itself. In the perilous times upon which we have fallen in the great experiment of self-government, some new force is needed to check growing evils. The influence in the home is that which is needed in legislation, and it can only be had by the ballot in the hand of woman. Mrs. Quinby, from the Business Committee, reported a series of resolutions. After their adoption Mrs. Abba G. Woolson, in an earnest and forcible speech, claimed the right of women to vote, as the final application of the theory of the consent of the governed. She had personally noticed the good effects of the ballot conferred upon the women in Wyoming, and should be glad to have her native State of Maine lead in this matter, and give an ill.u.s.tration of the true republic. Miss Lorenza Haynes, who had been the day before ordained over the Universalist Church in Hallowell, followed with a speech of remarkable wit and brilliancy, to which no report can do justice.
A writer in the _Woman"s Journal_ about this time said:
During the early part of the session of our late legislature woman suffrage pet.i.tions were numerously signed by the leading men and women throughout the State receiving an earnest and respectful consideration from the people generally, even from those who were not quite ready to sign pet.i.tions. Consequently, it seemed an easy matter to get a bill before the legislature, and we were almost certain of a majority in one branch of the House, at least, especially as it was generally understood that our new governor favored the cause; and it is believed yet that Governor Dingley does sympathize with it, even though he failed to mention it in his otherwise admirable message. The pet.i.tions were duly presented and referred to a joint committee, where the matter was allowed to quietly drop.
It is neither riches, knowledge, nor culture that const.i.tutes the electoral qualifications, but gender and a certain implied brute force. By this standard legislative bodies have been wont to judge the exigency of this mighty question. More influential than woman, though unacknowledged as such by the average legislator of States and nations, even the insignificant lobster finds earnest champions where woman"s claims fail of recognition; which a.s.sertion the following incident will substantiate: Being present in the Representatives Hall in Augusta when the "lobster question" came up for discussion (the suffrage question was then struggling before the committee), I was struck by the air of earnestness that pervaded the entire House on that memorable occasion. And why not? It was a question that appealed directly to man"s appet.i.te, and there he is always interested. After the morning hour a dozen ready debators sprang to their feet, eloquent in advocating the rights of this important member of the crustacean family. The discussion waxed into something like enthusiasm, when finally an old tar exclaimed with terrific violence: "Mr. Speaker, I insist upon it, this question must be considered. It is a great question; one before which all others will sink into insignificance; one of vastly more importance than any other that will come before this honorable body during this session!"
DIRIGO.
In closing this chapter it is fitting to mention some of our faithful friends in Maine, whose names have not appeared in societies and conventions as leaders or speakers, but whose services in other ways have been highly appreciated.
Rockland is the home of Lucy and Lavinia Snow, who, from the organization of the first society in 1868, have never failed to send good words of cheer and liberal contributions to all our National conventions. Another branch of the worthy Snow family, from the town of Hamlin, has given us equally generous coadjutors in Mrs. Spofford and her n.o.ble sisters in Washington.
As early as 1857, Mrs. Anna Greeley and Miss Charlotte Hill of Ellsworth const.i.tuted themselves a committee to inaugurate a course of lyceum lectures in that town, taking the entire financial responsibility. Miss Hill was an excellent violinist and taught a large cla.s.s of boys and girls, and also played at b.a.l.l.s and parties, thus gaining a livelihood. Some of her patrons threatened that if she persisted in bringing such people[185] to that town and affiliated with them, they would no longer patronize her. "Very well" she replied, "I shall maintain my principles, and if you break up my cla.s.ses I can go back to the sea-sh.o.r.e and dig clams for a living as I have done before." Tradition says the lecture course was a success. She continued her cla.s.ses and the neighbors danced as ever to her music.
Gail Hamilton, who resides in Maine at least half her time, is one of the most brilliant and pungent American writers. In denouncing the follies and failures of her s.e.x, her critical pen has indirectly aided the suffrage movement by arousing thought upon all phases of the question as to what are the rights and duties of woman, though she stoutly maintains that she is opposed to woman"s enfranchis.e.m.e.nt.
In Portland there has always been a circle of n.o.ble men and women, steadfast friends alike of the anti-slavery, temperance and woman suffrage movements. The names of Mr. and Mrs. Oliver Dennett, Miss.
Charlotte A. Thomas and Mrs. Ellen French Foster are worthy of mention. That untiring reformer, the Hon. Neal Dow, has clearly seen and declared in the later years of his labors, that suffrage for women is the short path to the advancement of prohibition.
The Hon. Thomas B. Reed has done us great service in congress as leader of the Republican party in the House, and member of the Judiciary Committee. His report,[186] in 1884, on the submission of the sixteenth amendment has had an extended influence. It is an able argument, and as a keen piece of irony it is worthy the pen of a Dean Swift. In the Senate we have a fast friend in William P.
Frye, who has always voted favorably in both houses on all questions regarding the interests of woman. In 1878, in presenting Miss Willard"s pet.i.tion of 30,000 for woman"s right to vote on the temperance question, he made an able speech recommending the measure.[187]
And in closing, the name of Maine"s venerable statesman, Hannibal Hamlin, so long honored by his State in a succession of official positions from year to year, must not be forgotten. As chairman of the Committee on the District of Columbia in 1870 he presided at the first hearing of the National Woman Suffrage a.s.sociation, listened with respect and courtesy, and at the close introduced the ladies to each member of the committee, and said "he had been deeply impressed by the arguments, and was almost persuaded to accept the new gospel of woman"s equality." Mr. Hamlin"s vote has always been favorable and we have no words of his recorded in the opposition.
Hon. James G. Blaine has generally maintained a dignified silence on the question. Thus far in his History, a reviewer says, "he has ignored the existence of woman"; but perhaps in his researches he has not yet reached the garden of Eden, nor taken cognizance of the part the daughters of Eve have played in the rise and fall of mighty nations.
Nevertheless in our prolonged struggle of half a century for equal rights for woman, we have found in every State the traditional ten righteous men necessary to save its people from destruction.
FOOTNOTES:
[179] Signed: _President_, Benj. Kingsbury, Portland; _Secretary_, E. R. French, S. Chesterville; _Treasurer_, William Deering Portland; _ex officio_, Gov. Sidney Perham, Secretary of State Geo.
G. Stacy, Superintendent of Schools Warren Johnson; John B.
Nealley, S. Berwick; Nelson Dingley, jr., Lewiston; J. S.
Wheelright, Bangor; H. K. Baker, Hallowell; Mrs. C. A. L. Sampson, Bath; Mrs. James Fernald, Portland.
[180] Ann F. Greely, Sarah Jarvis, C. B. Grant, E. E. Tinker, A. D.
Hight, M. J. Brooks, C. W. Jarvis, E. B. Jarvis, Rebecca M. Avery.
[181] Signed by John Neal, S. T. Pickard, Mrs. Oliver Dennet, Mrs.
Eleanor Neal, Portland; J. J. Eveleth, mayor, Joshua Nye, Chandler Beal, William H. Libbey, George W. Quinby, William P. Whitehouse, General Selden Conner. H. H. Hamlen, H. S. Osgood, Mrs. C. A.
Quinby, Mrs. W. K. Lancey, Mrs. D. M. Waitt, Mrs. William B.
Lapham, Mrs. S. M. Barton, Augusta; Mary A. Ross and fifty others; Rev. W. L. Brown, Mrs. E. A. d.i.c.kerson, Mrs. W. H. Burrill, Mrs. N.
Abbott, Mrs. Thomas N. Marshall, Miss A. A. Hicks, Belfast; John D.
Hopkins, Rev. William H. Savary, C. J. Peck, mayor, A. E.
Drinkwater, Mrs. Ann F. Greely, Ellsworth; Mrs. A. H. Savary and twenty others; Mrs. M. C. Crossman, Mrs. S. D. Morison, Mrs. J.
Tillson, Mrs. Sarah J. Prentiss, Mrs. Amos Pickard, Bangor; Miss M.
Phillips and twelve others; Rev. John W. Hinds, Lewiston; Rev. T.
P. Adams, Bowdoinham; A. H. Sweetser and twenty others, Rockland; Rev. W. H. Bolster, Wisca.s.set; W. T. C. Runnels, Searsport; Rev. M.
V. B. Stinson, Kittery; John U. Hubbard, Alfred Winslow, West Waterville; Mrs. M. S. Philbrick, Skowhegan; Mrs. Simeon Conner, Fairfield; George Gifford, Mrs. Mary W. Southwick, H. M. N. Bush, M. A. Bush, A. E. Prescott, Va.s.salboro; A. R. Dunham and fourteen others; R. C. Caldwell and eight others, Gardiner; Albert Crosby, Mrs. S. G. Crosby, Albion; Noah F. Norton, Mercy G. Norton, Pen.o.bscot.
[182] _President_, Benjamin Kingsbury of Portland; _Secretary_, Miss Addie Quimby of Augusta; _Treasurer_, Mrs. W. K. Lancey of Augusta. Among the vice-presidents are the Hon. S. F. Hersey of Bangor, and John Neal of Portland. An Executive Committee was elected, which included John P. Whitehouse, Hon. Joshua Nye, Neal Dow, jr., and other leading citizens.
[183] Miss Louisa Coffin, Dalton; Miss Annie Lincoln, Mapleton; Miss Ada DeLaite, Littleton.
[184] The following officers were elected: _President_, Hon.
Benjamin Kingsbury of Portland; _Chairman Executive Committee_, Hon. Joshua Nye; _Corresponding Secretary_, Mr. C. A. Quinby, Augusta; _Recording Secretary_, Mrs. W. D. Eaton, Dexter; _Treasurer_, Mrs. W. K. Lancey, Pittsfield.
[185] Those invited were Wendell Philips, Harriet K. Hunt, Caroline H. Dall and Susan B. Anthony.
[186] Mr. Reed"s report is published in full in our annual report, of 1884, which can be obtained of Susan B. Anthony, Rochester, N.
Y.
[187] See page 104.
CHAPTER x.x.xV.
NEW HAMPSHIRE.
Nathaniel P. Rogers--First Organized Action, 1868--Concord Convention--William Lloyd Garrison"s Letter--Rev. S. L. Blake Opposed--Rev. Mr. Sanborn in Favor--_Concord Monitor_--Armenia S.
White--A Bill to Protect the Rights of Married Men--Minority and Majority Reports--Women too Ignorant to Vote--Republican State Convention--Women on School Committees--Voting at School-District Meetings--Mrs. White"s Address--Mrs. Ricker on Prison Reform--Judicial Decision in Regard to Married Women, 1882--Letter from Senator Blair.
A State that could boast four such remarkable families as the Rogers, the Hutchinsons, the Fosters, and the Pillsburys, all radical, outspoken reformers, furnishes abundant reason for its prolonged battles with the natural conservatism of ordinary communities. Every inch of its soil except its mountain tops, where no man could raise a school-house for a meeting, has been overrun by the apostles of peace, temperance, anti-slavery, and woman"s rights in succession.