"I wish they would," I said. "I have been trying a good many years to make them understand what the law is; but they do not. People who do not vote pay no attention to the laws until they suffer from them."
She went away protesting that she, at least, would not hold her tongue on the subject, and I hope she will not. The actual text of the law to which she objected is as follows:--
"Every person authorized by law to make a will, except married women, shall have a right to appoint by his will a guardian or guardians for his children during their minority."[1]
There is not a.s.sociated with this, in the statute, the slightest clause in favor of the mother; nor anything which could limit the power of the guardian by requiring deference to her wishes, although he could, in case of gross neglect or abuse, be removed by the court, and another guardian appointed. There is not a line of positive law to protect the mother. Now, in a case of absolute wrong, a single sentence of law is worth all the chivalrous courtesy this side of the Middle Ages.
It is idle to say that such laws are not executed. They are executed. I have had letters, too agonizing to print, expressing the sufferings of mothers under laws like these. There lies before me a letter,--not from Rhode Island,--written by a widowed mother who suffers daily tortures, even while in possession of her child, at the knowledge that it is not legally hers, but held only by the temporary permission of the guardian appointed under her husband"s will.
"I beg you," she says, "to take this will to the hilltop, and urge law-makers in our next legislature to free the State record from the shameful story that no mother can control her child unless it is born out of wedlock."
"From the moment," she says, "when the will was read to me, I have made no effort to set it aside. I wait till G.o.d reveals his plans, so far as my own condition is concerned. But out of my keen comprehension of this great wrong, notwithstanding my submission for myself, my whole soul is stirred,--for my child, who is a little woman; for all women, that the laws may be changed which subject a true woman, a devoted wife, a faithful mother, to such mental agonies as I have endured, and shall endure till I die."
In a later letter she says, "I now have his [the guardian"s] solemn promise that he will not remove her from my control. To some extent my sufferings are allayed; and yet never, till she arrives at the age of twenty-one, shall I fully trust." I wish that mothers who dwell in sheltered and happy homes would try to bring to their minds the condition of a mother whose possession of her only child rests upon the "promise" of a comparative stranger. We should get beyond the meaningless cry, "I have all the rights I want," if mothers could only remember that among these rights, in most States of the Union, the right of a widowed mother to her child is not included.
By strenuous effort, the law on this point has in Ma.s.sachusetts been gradually amended, till it now stands thus: The father is authorized to appoint a guardian by will; but the powers of this guardian do not ent.i.tle him to take the child from the mother.
"The guardian of a minor ... shall have the custody and tuition of his ward; and the care and management of all his estate, except that the father of the minor, if living, and in case of his death the mother, they being respectively competent to transact their own business, shall be ent.i.tled to the custody of the person of the minor and the care of his education."[2]
Down to 1870 the cruel words "while she remains unmarried" followed the word "mother" in the above law. Until that time, the mother if remarried had no claim to the custody of her child, in case the guardian wished otherwise; and a very painful scene once took place in a Boston court-room, where children were forced away from their mother by the officers, under this statute, in spite of her tears and theirs; and this when no sort of personal charge had been made against her. This could not now happen in Ma.s.sachusetts, but it might still happen in some other States. It is true that men are almost always better than their laws; but while a bad law remains on the statute-book it gives to any unscrupulous man the power to be as bad as the law.
[Footnote 1: Gen. Statutes R.I., chap. 154, sect. 1]
[Footnote 2: Public Statutes, chap. 139, sect. 4.]
V
SOCIETY
"Place the s.e.xes in right relations of mutual respect, and a severe morality gives that essential charm to woman which educates all that is delicate, poetic, and self-sacrificing, breeds courtesy and learning, conversation and wit, in her rough mate; so that I have thought a sufficient measure of civilization is the influence of good women."--EMERSON, Society and Solitude, p. 21.
FOAM AND CURRENT
Sometimes, on the beach at Newport, I look at the gayly dressed ladies in their phaetons, and then at the foam which trembles on the breaking wave, or lies palpitating in creamy ma.s.ses on the beach. It is as pretty as they, as light, as fresh, as delicate, as changing; and no doubt the graceful foam, if it thinks at all, fancies that it is the chief consummate product of the ocean, and that the main end of the vast currents of the mighty deep is to yield a few glittering bubbles like those. At least, this seems to me what many of the fair ladies think, as to themselves.
Here is a nation in which the most momentous social and political experiment ever tried by man is being worked out, day by day. There is something ocean-like in the way in which the great currents of life, race, religion, temperament are here chafing with each other, safe from the storms through which all monarchical countries may yet have to pa.s.s. As these great currents heave, there are tossed up in every watering-place and every city in America, as on an ocean beach, certain pretty bubbles of foam; and each spot, we may suppose, counts its own bubbles brighter than those of its neighbors, and christens them "society."
It is an unceasing wonder to a thoughtful person, at any such resort, to see the unconscious way in which fashionable society accepts the foam, and ignores the currents. You hear people talk of "a position in society," "the influential circles in society," as if the position they mean were not liable to be shifted in a day; as if the essential influences in America were not mainly to be sought outside the world of fashion. In other countries it is very different. The circle of social caste, whose centre you touch in London, radiates to the farthest sh.o.r.es of the British empire; the upper cla.s.s controls, not merely fashion, but government; it rules in country as well as city; genius and wealth are but its tributaries.
Wherever it is not so, it is because England is so far Americanized. But in America the social prestige of the cities is nothing in the country; it is a matter of the pavement, of a three-mile radius.
Go to the farthest borders of England: there are still the "county families," and you meet servants in livery. On the other hand, in a little village in northern New Hampshire, my friend was visited in the evening by the landlady, who said that several of their "most fashionable ladies" had happened in, and she would like to show them her guest"s bonnet. Then the different cities ignore each other: the rulers of select circles in New York may find themselves n.o.bodies in Washington, while a Washington social pa.s.sport counts for as little in New York. Boston and Philadelphia affect to ignore both; and St. Louis and San Francisco have their own standards.
The utmost social prestige in America is local, provincial, a matter of the square inch: it is as if the foam of each particular beach along the seacoast were to call itself "society."
There is something pathetic, therefore, in the unwearied pains taken by ambitious women to establish a place in some little, local, transitory domain, to "bring out" their daughters for exhibition on a given evening, to form a circle for them, to marry them well. A dozen years hence the millionaires whose notice they seek may be paupers, or these ladies may be dwelling in some other city, where the visiting cards will bear wholly different names. How idle to attempt to transport into American life the social traditions and delusions which require monarchy and primogeniture, and a standing army, to keep them up--and which cannot always hold their own in England, even with the aid of these!
Every woman, like every man, has a natural desire for influence; and if this instinct yearns, as it often should yearn, to take in more than her own family, she must seek it somewhere outside. I know women who bring to bear on the building-up of a frivolous social circle--frivolous, because it is not really brilliant, but only showy; not really gay, but only bored-- talent and energy enough to influence the mind and thought of the nation, if only employed in some effective way. Who are the women of real influence in America? They are the schoolteachers, through whose hands each successive American generation has to pa.s.s; they are those wives of public men who share their husbands" labor, and help mould their work; they are those women who, through their personal eloquence or through the press, are distinctly influencing the American people in its growth. The influence of such women is felt for good or for evil in every page they print, every newspaper column they fill: the individual women may be unworthy their posts, but it is they who have got hold of the lever, and gone the right way to work. As American society is const.i.tuted, the largest "social success" that can be attained here is trivial and local; and you have to "make believe very hard," like that other imaginary Marchioness, to find in it any career worth mentioning. That is the foam, but these other women are dealing with the main currents.
IN SOCIETY
One sometimes hears from some lady the remark that very few people "in society" believe in any movement to enlarge the rights or duties of women.
In a community of more marked social gradations than our own, this a.s.sertion, if true, might be very important; and even here it is worth considering, because it leads the way to a little social philosophy. Let us, for the sake of argument, begin by accepting the a.s.sumption that there is an inner circle, at least in our large cities, which claims to be "society," _par excellence_. What relation has this favored circle, if favored it be, to any movement relating to women?
It has, to begin with, the same relation that "society" has to every movement of reform. The proportion of smiles and frowns bestowed from this quarter upon the woman-suffrage movement, for instance, is about that formerly bestowed upon the anti-slavery agitation: I see no great difference. In Boston, for example, the names contributed by "society" to the woman-suffrage festivals are about as numerous as those which used to be contributed to the anti-slavery bazaars; no more, no less. Indeed, they are very often the same names; and it has been curious to see, for nearly fifty years, how radical tendencies have predominated in some of the well-known Boston families, and conservative tendencies in others.
The traits of blood seem to outlast successive series of special reforms.
Be this as it may, it is safe to a.s.sume, that, as the anti-slavery movement prevailed with only a moderate amount of sanction from "our best society,"
the woman-suffrage agitation, which has at least an equal amount, has no reason to be discouraged.
On looking farther, we find that not reforms alone, but often most important and established inst.i.tutions, exist and flourish with only incidental aid from those "in society." Take, for instance, the whole public school system of our larger cities. Grant that out of twenty ladies "in society," taken at random, not more than one would personally approve of women"s voting: it is doubtful whether even that proportion of them would personally favor the public school system so far as to submit their children, or at least their girls, to it. Yet the public schools flourish, and give a better training than most private schools, in spite of this inert practical resistance from those "in society." The natural inference would seem to be, that if an inst.i.tution so well established as the public schools, and so generally recognized, can afford to be ignored by "society," then certainly a wholly new reform must expect no better fate.
As a matter of fact, I apprehend that what is called "society," in the sense of the more fastidious or exclusive social circle in any community, exists for one sole object,--the preservation of good manners and social refinements. For this purpose it is put very largely under the sway of women, who have, all the world over, a better instinct for these important things. It is true that "society" is apt to do even this duty very imperfectly, and often tolerates, and sometimes even cultivates, just the rudeness and discourtesy that it is set to cure. Nevertheless, this is its mission; but so soon as it steps beyond this, and attempts to claim any special weight outside the sphere of good manners, it shows its weakness, and must yield to stronger forces.
One of these stronger forces is religion, which should train men and women to a far higher standard than "society" alone can teach. This standard should be embodied, theoretically, in the Christian Church; but unhappily "society" is too often stronger than this embodiment, and turns the church itself into a mere temple of fashion. Other opposing forces are known as science and common-sense, which is only science written in shorthand. On some of these various forces all reforms are based, the woman-suffrage reform among them. If it could really be shown that some limited social circle was opposed to this, then the moral would seem to be, "So much the worse for the social circle." It used to be thought in anti-slavery days that one of the most blessed results of that agitation was the education it gave to young men and women who would otherwise have merely grown up "in society," but were happily taken in hand by a stronger influence. It is Goethe who suggests, when discussing Hamlet in "Wilhelm Meister," that, if an oak be planted in a flower-pot, it will be worse in the end for the flower-pot than for the tree. And to those who watch, year after year, the young human seedlings planted "in society," the main point of interest lies in the discovery which of these are likely to grow into oaks.
But the truth is that the very use of the word "society" in this sense is narrow and misleading. We Americans are fortunate enough to live in a larger society, where no conventional position or family traditions exert an influence that is to be in the least degree compared with the influence secured by education, energy, and character. No matter how fastidious the social circle, one is constantly struck with the limitations of its influence, and with the little power exerted by its members as compared with that which may easily be wielded by tongue and pen. No merely fashionable woman in New York, for instance, has a position sufficiently important to be called influential compared with that of a woman who can speak in public so as to command hearers, or can write so as to secure readers. To be at the head of a normal school, or to be a professor in a college where co-education prevails, is to have a sway over the destinies of America which reduces all mere "social position" to a matter of cards and compliments and page"s b.u.t.tons.
THE BATTLE OF THE CARDS
The great winter"s contest of the visiting-cards recommences at the end of every autumn. Suspended during the summer, or only renewed at Newport and such thoroughbred and thoroughly sophisticated haunts, it will set in with fury in the habitable regions of our cities before the snow falls. Now will the atmosphere of certain streets and squares be darkened--or whitened--at the appointed hour by the shower of pasteboard transmitted from dainty kid-gloved hands to the cotton-gloved hands of "John," and destined through him to reach the possibly gloveless hands of some other John, who stands obsequious in the doorway. Now will every lady, after John has slammed the door, drive happily on to some other door, rearranging, as she goes, her display of cards, laid as if for a game on the opposite seat of her carriage, and dealt perhaps in four suits,--her own cards, her daughters", her husband"s, her "Mr. and Mrs." cards, and who knows how many more? With all this ammunition, what a very _mitrailleuse_ of good society she becomes; what an acc.u.mulation of polite attentions she may discharge at any door! That one well-appointed woman, as she sits in her carriage, represents the total visiting power of self, husband, daughters, and possibly a son or two beside. She has all their counterfeit presentments in her hands. How happy she is! and how happy will the others be on her return, to think that dear mamma has disposed of so many dear, beloved, tiresome, social foes that morning! It will be three months at least, they think, before the A"s and the B"s and the C"s will have to be "done" again.
Ah! but who knows how soon these fatiguing letters of the alphabet, rallying to the defence, will come, pasteboard in hand, to return the onset? In this contest, fair ladies, "there are blows to take as well as blows to give," in the words of the immortal Webster. Some day, on returning, you will find a half-dozen cards on your own table that will undo all this morning"s work, and send you forth on the warpath again. Is it not like a campaign? It is from this subtle military a.n.a.logy, doubtless, that when gentlemen happen to quarrel, in the very best society, they exchange cards as preliminary to a duel; and that, when French journalists fight, all other French journalists show their sympathy for the survivor by sending him their cards. When we see, therefore, these heroic ladies riding forth in the social battle"s magnificently stern array, our hearts render them the homage due to the brave. When we consider how complex their military equipment has grown, we fancy each of these self-devoted mothers to be an Arnold Winkelried, receiving in her martyr-breast the points of a dozen different cards, and shouting, "Make way for liberty!" For is it not securing liberty to have cleared off a dozen calls from your list, and found n.o.body at home?
If this sort of thing goes on, who can tell where the paper warfare shall end? If ladies may leave cards for their husbands, who are never seen out of Wall Street, except when they are seen at their clubs; or for their sons, who never forsake their billiards or their books,--why can they not also leave them for their ancestors, or for their remotest posterity? Who knows but people may yet drop cards in the names of the grandchildren whom they only wish for, or may reconcile hereditary feuds by interchanging pasteboard in behalf of two hostile grandparents who died half a century ago?
And there is another social observance in which the introduction of the card system may yet be destined to save much labor,--the attendance on fashionable churches. Already, it is said, a family may sometimes reconcile devout observance with a late breakfast, by stationing the family carriage near the church-door--empty. Really, it would not be a much emptier observance to send the cards alone by the footman; and doubtless in the progress of civilization we shall yet reach that point. It will have many advantages. The _effete_ of society, as some cruel satirist has called them, may then send their orisons on pasteboard to as many different shrines as they approve; thus insuring their souls, as it were, at several different offices. Church architecture may be simplified, for it will require nothing but a card-basket. The clergyman will celebrate his solemn ritual, and will then look in that convenient receptacle for the names of his fellow-worshippers, as a fine lady, after her "reception," looks over the cards her footman hands her, to know which of her dear friends she has been welcoming. Religion, as well as social proprieties, will glide smoothly over a surface of glazed pasteboard; and it will be only very humble Christians, indeed, who will do their worshipping in person, and will hold to the worn-out and obsolete practice of "No Cards."
SOME WORKING-WOMEN
It is almost a stereotyped remark, that the women of the more fashionable and worldly cla.s.s, in America, are indolent, idle, incapable, and live feeble and lazy lives. It has always seemed to me that, on the contrary, they are compelled, by the very circ.u.mstances of their situation, to lead very laborious lives, requiring great strength and energy. Whether many of their pursuits are frivolous, is a different question; but that they are arduous, I do not see how any one can doubt. I think it can be easily shown that the common charges against American fashionable women do not hold against the cla.s.s I describe.
There is, for instance, the charge of evading the cares of housekeeping, and of preferring a boarding-house or hotel. But no woman with high aims in the world of fashion can afford to relieve herself from household cares in this way, except as an exceptional or occasional thing. She must keep house in order to have entertainments, to form a circle, to secure a position.
The law of give and take is as absolute in society as in business; and the very first essential to social position in our larger cities is a household and a hospitality of one"s own. It is far more practicable for a family of high rank in England to live temporarily in lodgings in London, than for any family with social aspirations to do the same in New York. The married woman who seeks a position in the world of society must, therefore, keep house.