CHAPTER XLVI.
WISCONSIN.
Progressive Legislation--The Rights of Married Women--The Const.i.tution Shows Four Cla.s.ses Having the Right to Vote--Woman Suffrage Agitation--C. L. Sholes" Minority Report, 1856--Judge David Noggle and J. T. Mills" Minority Report, 1859--State a.s.sociation Formed, 1869--Milwaukee Convention--Dr. Laura Ross--Hearing Before the Legislature--Convention in Janesville, 1870--State University--Elizabeth R. Wentworth--Suffrage Amendment, 1880, "81, "82--Rev. Olympia Brown, Racine, 1877--Madame Anneke--Judge Ryan--Three Days" Convention at Racine, 1883--Eveleen L. Mason--Dr. Sarah Munro--Rev. Dr.
Corwin--Lavinia Goodell, Lawyer--Angie King--Kate Kane.
For this digest of facts in regard to the progress of woman in Wisconsin we are indebted to Dr. Laura Ross Wolcott,[418] who was probably the first woman to practice medicine in a Western State.
She was in Philadelphia during all the contest about the admission of women to hospitals and mixed cla.s.ses, maintained her dignity and self-respect in the midst of most aggravating persecutions, and was graduated with high honors in 1856 from the Woman"s Medical College of Pennsylvania, of which Ann Preston,[419] M. D., was professor for nineteen years, six years dean of the faculty, and four years member of the board of incorporators. After graduation Laura Ross spent two years in study abroad, and, returning, commenced practice in Milwaukee, where she has been ever since.
By an act of Congress approved May 29, 1848, Wisconsin was admitted to the Union. Its diversity of soil and timber, the healthfulness of its climate and the purity of its waters, attracted people from the New England and Middle States, who brought with them fixed notions as to moral conduct and political action, and no little repugnance to many of the features of the old common law. Hence in Wisconsin"s territorial conventions and legislative a.s.semblies many of the progressive ideas of the East were incorporated into her statutes. Failing to lift married women into any solid position of independence, the laws yet gave them certain protective rights concerning the redemption of lands sold for taxes, and the right to dispose of any estate less than a fee without the husband"s consent. In case of divorce the wife was ent.i.tled to her personal estate, dower and alimony, and with the consent of her husband she could devise her real estate. She was ent.i.tled to dower in any lands of which the husband was seized during marriage. Gen. A. W. Randall was active in making the first digest and compilation of the laws of Wisconsin.
The legislature of 1850 was composed of notably intelligent men.
Nelson Dewey was governor, Moses M. Strong, a leading lawyer, speaker of the a.s.sembly, and the late Col. Samuel W. Beal, lieutenant-governor. Early in the session a bill was introduced, ent.i.tled "An act to provide for the protection of married women in the enjoyment of their own property," which provoked a stormy debate. Some saw the dissolution of marriage ties in the destruction of the old common-law doctrine that "husband and wife are one, and that one the husband"; while arguments were made in its favor by Hon. David Noggle, George Crasey, and others.
Conservative judges held that the right to own property did not ent.i.tle married women to convey it; therefore in 1858 the law was amended, giving further security to the wife to transact business in her own name, if her husband was profligate and failed to support her; but not until 1872 did the law protect a married woman in her right to transact business, make contracts, possess her separate earnings, and sue and be sued in her own name. The legislature of 1878 reenacted all the former laws; and married women may now hold, convey and devise real estate; make contracts and transact business in their own names; and join with their husbands in a deed, without being personally liable in the covenants. In the matter of homesteads, the husband cannot convey or enc.u.mber without the signature of the wife, and thus a liberal provision is always secure for her and the children.
By the law of 1878, if the husband dies leaving no children and no will, his entire estate descends to his widow.[420] If the owner of a homestead dies intestate and without children, the homestead descends, free of judgments and claims--except mortgages and mechanics" liens--to his widow; if he leaves children, the widow retains a life interest in the homestead, continuing until her marriage or death.
Thus from the organization of the State, Wisconsin has steadily advanced in relieving married women from the disabilities of the old common law. The same liberal spirit which has animated her legislators has admitted women to equality of opportunities in the State University at Madison; elected them as county superintendents of public schools; appointed them on the State board of charities, and as State commissioners to a foreign exposition;[421] and welcomed them to the professions of medicine, law and the ministry.
By the const.i.tution of Wisconsin the right of suffrage was awarded to four cla.s.ses of citizens, twenty-one years and over, who have resided in the State for one year next preceding an election.
_First_--Citizens of the United States.
_Second_--Persons of foreign birth who have declared their intention to become citizens of the United States.
_Third_--Persons of Indian blood who have already been declared by act of congress citizens of the United States.
_Fourth_--Civilized persons of Indian descent who are not members of any tribe.
While thus careful to provide for all males, savage and civilized, down to one thousand Indians outside their tribe, the const.i.tution in no way recognizes the women of the State, one-half its civilized citizens. However, the question of woman suffrage was early agitated in this State, and its advocates were able men. In 1856 there was an able minority report published, from C. L. Sholes, of the Committee on Expiration and Reenactment of Laws, to whom were referred sundry pet.i.tions praying that steps might be taken to confer upon women the right of suffrage.
In 1857, there was another favorable minority report by Judge David Noggle, and J. T. Mills. It has been twice considered by the legislatures of 1868-69, and 1880-81, failing each time by a small majority. A const.i.tutional amendment is supposed by some to be necessary to effect this needed reform, but the legislature is competent to pa.s.s a bill declaring women possessed of the right to vote, without any const.i.tutional amendment. The legislature of New York all through the century has extended the right of suffrage to certain cla.s.ses and deprived others of its exercise, without changing the const.i.tution. The power of the legislature which represents the people is anterior to the const.i.tution, as the people through their representatives make the const.i.tution.
The women, both German and American, awoke to action and organized a local suffrage society at Janesville in 1868. _The Revolution_ said:
From the report of a recent convention held in Janesville, we find the leading men and women of that city have formed an Impartial Suffrage organization, and are resolved to make all their citizens equal before the law. Able addresses were made by the Rev. S. Farrington, Rev. Sumner Ellis, and a stirring appeal issued to the people of the State, signed by Hon. J. T. Dow, G. B. Hickox, Mrs. J. H. Stillman, Joseph Baker and Mrs. F. Harris Reed. Mrs. Paulina J. Roberts of Racine, a practical farmer in a very large sense, delivered an address which was justly complimented.
The first popular convention held in Wisconsin, with national speakers, convened in Milwaukee February 15, 16, 1869.[422] The bill then pending in the legislature to submit the question of woman suffrage to the electors of the State added interest to this occasion. Parker Pillsbury, in _The Revolution_, said:
The Wisconsin convention seems to have been quite equal in all respects to its predecessors at Chicago and other places. Mrs. Stanton and Miss Anthony were accompanied to Milwaukee by Mrs. Livermore, a new Western star of "bright particular effulgence," and the proceedings throughout were characterized by argument, eloquence and interest beyond anything of the kind ever witnessed there before. The Milwaukee papers teem with accounts of it, most of them of very friendly tone and spirit, even if opposed to the objects under consideration. The _Evening Wisconsin_ said, if any one supposed for an instant that the call for a Woman"s Suffrage convention would draw out only that cla.s.s known as strong-minded, such a one was never more deceived in his or her life. At the opening of the convention[423]
yesterday, the City Hall was crowded with as highly intelligent an audience of ladies and gentlemen as ever gathered there before.
Mrs. Stanton spoke at the evening session to an immense audience on the following resolutions:
_Resolved_, That a man"s government is worse than a white man"s government, because in proportion as you increase the rulers you make the condition of the ostracised more hopeless and degraded.
_Resolved_, That, as the cry of a "white man"s government"
created an antagonism between the Irish and the negro, culminating in the New York riots of "63, so the Republican cry of "Manhood Suffrage" creates an antagonism between the black man and all women, and will culminate in fearful outrages on womanhood, especially in the Southern States.
_Resolved_, That by the establishment of an aristocracy of s.e.x in the District of Columbia, by the introduction of the word "male" into the Federal Const.i.tution in Article 14, Section 2, and by the proposition now pending to enforce manhood suffrage in all the States of the Union, the Republican party has been guilty of three excessively arbitrary acts, three retrogressive steps in legislation, alike invidious and insulting to woman, and suicidal to the nation.
Miss Anthony followed showing that every advance step in manhood suffrage added to woman"s degradation. Quite a number of ladies and gentlemen[424] of Wisconsin spoke well of the various sessions of the convention. Altogether it was a most enthusiastic meeting, and the press and the pulpit did their part to keep up the discussion for many weeks after.
These resolutions, readily pa.s.sed in the Milwaukee convention, had been rejected at all others held in the West during this campaign, although Mrs. Stanton and Miss Anthony had earnestly advocated them everywhere. They early foresaw exactly what has come to pa.s.s, and did their uttermost to rouse women to the danger of having their enfranchis.e.m.e.nt indefinitely postponed.
They warned them that the debate once closed on negro suffrage, and the amendments pa.s.sed, the question would not be opened again for a generation. But their warnings were unheeded. The fair promises of Republicans and Abolitionists that, the negro question settled, they would devote themselves to woman"s enfranchis.e.m.e.nt, deceived and silenced the majority. How well they have kept their promises is fully shown in the fact that although twenty years have pa.s.sed, the political status of woman remains unchanged. The Abolitionists have drifted into other reforms, and the Republicans devote themselves to more conservative measures. The Milwaukee convention was adjourned to Madison, where Mrs. Livermore, Mrs. Stanton and Miss Anthony addressed the legislature, Gov. Fairchild presiding.
In 1870, March 16, 17, a large and enthusiastic convention was held at Janesville, in Lappin"s Hall. Rev. Dr. Maxon, Lilia Peckham and Mrs. Stanton were among the speakers. After this, the latter being on a lyceum trip, spoke in many of the chief cities of the State and drew general attention to the question.
The following clear statement of the petty ways in which girls can be defrauded of their rights to a thorough education by narrow, bigoted men entrusted with a little brief authority, is from the pen of Lilia Peckham, a young girl of great promise, who devoted her rare talents to the suffrage movement. Her early death was an irreparable loss to the women of Wisconsin:[425]
ED. NEWS:--We find proofs at every step that one cla.s.s cannot legislate for another, the rich for the poor, nor men for women.
The State University, supported by the taxes of the people and for the benefit of the people, should offer equal advantages to men and women. By amendment of the Const.i.tution in 1867, it was declared that the University shall be open to female as well as male students, under such regulations and restrictions as the board of regents may deem proper. At first the students recited together, but Mr.
Chadbourne made it a condition of accepting the presidency that they should be separated. I do not speak of the separation of the s.e.xes to find fault. I conceive that if equal advantages be given women by the State, whether in connection with or apart from men, they have no ground for complaint. My object is to compare the advantages given to the s.e.xes and see the practical effect of legislation by men alone in this department. From all the facts that are now pressed upon us, confused, contradictory and obscure, we begin to obtain a glimpse of the general law that informs them. The University has a college of arts (including the department of agriculture, of engraving and military tactics), a college of letters, preparatory department, law department, post-graduate course, last and certainly least, a female college. The faculty and board of instructors number twenty-one. The college of arts has nine professors, one of natural philosophy, one each of mental philosophy, modern languages, rhetoric, chemistry, mathematics, agriculture, and comparative anatomy, and a tutor. In the department of engineering is an officer of the United States Army. In the college of letters is the same faculty, with the addition of William F. Allen, professor of ancient languages and history, one coming from a family of scholarly teachers and thoroughly fitted for his post. In the law department are such names as L. S. Dixon and Byron Paine.
Read now the names composing the faculty of the female college, Paul A. Chadbourne, M. D., president; T. N.
Haskell, professor of rhetoric and English literature; Miss Elizabeth Earle, preceptress; Miss Brown, teacher of music; Miss Eliza Brewster, teacher of drawing and painting.
Compare these faculties and note what provision is made here for the sciences and languages. Look at the course of instruction in the college of arts. During the first year the men study higher algebra, conic sections, plane trigonometry, German (Otto"s) botany, Gibbon"s Rome. In the college of letters the course is similar, but more attention is given to cla.s.sical studies; to Livy, Xenophon and Horace.
During the same years in the female college, they are studying higher arithmetic, elementary algebra, United States history, grammar, geography and map drawing. Truly a high standard! The studies in the first term of the preparatory department (to which none can be admitted under twelve years of age) are identical with those in the female college at the same time, except the Latin. Indeed, I cannot see why it would not be an advantage to the students of the female college to go into the preparatory department during their first college year, since they can get their own course with geometry added, and if they stay three years a proportional amount of Latin and Greek. I could compare the whole course in the same way, but my time and the reader"s patience would fail. There is no hint either of any thorough prescribed course in any of the languages. In the first and fourth year no foreign language is put down. In each term of the second year French and Latin are written as elective, the same for Latin or German in the third. This is a wretched course at the best. I have no faith in a course set down so loosely as "Latin" instead of being defined as to what course of Latin, and what authors are read. In that case we know exactly how much is required and expected, and what the standard of scholarship. In the college of letters we know that they go from Livy to Cicero on Old Age, then to Horace and Tacitus. Similar definiteness would be encouraging in the female catalogue. Its absence gives us every reason to believe that the course does not amount to enough to add any reputation to the college by being known.
Under the head of special information we are told that in addition to this prescribed course of "thorough education young ladies will be instructed in any optional study taught in the college of letters or arts, for which they are prepared." By optional I understand any of the studies marked elective, since they are the only optional studies.
In the college of letters there is but one, and that is the calculus. In the college of arts the optional studies are generally, not always, those that they could not be prepared for in the course prescribed by their own college. Under the head of degrees we find a long account of the A. B., A. M., P. B., S. B., S. M., L. B., Ph. D., to which the fortunate gentlemen are ent.i.tled after so much study. Lastly, the students of the female college may receive "such appropriate degrees as the regents may determine." I wonder how often that solemn body deliberates as to whether a girl shall be A. B., P. B., or A. M., or whether they ever give them any degree at all. It makes little difference. With such a college course a degree means nothing, and only serves to cheapen what may be well earned by the young men of the college.
In 1870, the stockholders of the Milwaukee Female College elected three women on their board of trustees: Mrs. Wm. P. Lynde, Mrs.
Wm. Delos Love and Mrs. John Nazro. This is the first time in the history of the inst.i.tution that women have been represented in the board of trustees.
Elizabeth R. Wentworth was an earnest and excellent writer and kept up a healthy agitation through the columns of her husband"s paper at Racine.
RACINE, August 4, 1875.
MY DEAR MISS ANTHONY: Would it not be well for us women to accept the hint afforded by these Englishmen, and bind ourselves together by a const.i.tution and by-laws. By so doing we might sooner be enabled to secure the rights which men seem so persistently determined to withhold from us.
Very respectfully yours,
E. R. WENTWORTH.
The growing strength of woman suffrage in England has caused considerable commotion in that country, among officials and others. Its growth has led the men to form a club in opposition to it, composed of such men as Mr. Bouverie, a noted member of Parliament; Sir Henry James, late attorney-general; Mr. Childers, late first lord of the admiralty.
The formation of this club calls out a few words from Mrs.
Stanton, who sarcastically says:
Is not this the first organized resistance in the history of the race, against the encroachment of women; the first manly confession by those high in authority--by lords, attorney-generals, sirs, and gentlemen--of fear at the progressive steps of the daughters of men? These conservative gentlemen had no doubt found Lady Amberly, Lydia Becker, and Mrs. Fawcett too much for them in debate; they had probably winced under the satire of Frances Power Cobbe, and trembled before the annually swelling lists of suffrage pet.i.tions. Single-handed they saw they were helpless against this incoming tide of feminine persuasiveness, and so it seems they called a meeting of faint-hearted men, and bound themselves together by a const.i.tution and by-laws to protect the franchise from the encroachment of women.
In the legislature of 1880, the proposition to submit an amendment for woman suffrage to a vote of the people, pa.s.sed both Houses. In 1881 it pa.s.sed one branch and was lost in the other.
Senator Simpson introduced another bill in 1882[426] which was lost. These successive defeats discouraged the women and they instructed their friends in the legislature to make no further attempts for a const.i.tutional amendment, because they had not the slightest hope of its pa.s.sage.
The growing interest in the temperance question at this time produced some divisions in the suffrage ranks. Some thought it had been one of the greatest obstacles to the success of the suffrage cause, rousing the opposition of a very large and influential cla.s.s. Millions of dollars are invested in this State in breweries and distilleries, and members are elected to the legislature to watch these interests. Knowing the terrible sufferings of women and children through intemperance, they naturally infer that the ballot in the hands of women would be inimical to their interests, hence the opposition of this wealthy and powerful cla.s.s to the suffrage movement. Others thought the agitation was an advantage, especially in bringing the women in the temperance movement to a sense of their helplessness to effect any reform without a voice in the laws. They thought, too, that the power behind the liquor interests was readily outweighed by the moral influence of the best men and women in the State, especially as the church began to feel some responsibility in the question. The Milwaukee _Wisconsin_ of June 4, 1883, gives this interesting item: