It is not in the nature of things, I take it, that a cla.s.s politically subject can obtain justice from the governing cla.s.s. Not the least of the benefits gained by political equality for the colored people of the South is that the laws now generally make no difference of color in penalties for crime. In slavery times there were dozens of crimes which were punished more severely by the statute if committed by a slave or a free negro than if done by a white. I feel very sure that under the reign of impartial suffrage we should see fewer such announcements as this, which I cut from a late New York "Evening Express:"--
"Last night Capt. Lowery, of the Twenty-seventh Precinct, made a descent upon the dance-house in the bas.e.m.e.nt of 96 Greenwich Street, and arrested fifty-two men and eight women. The entire batch was brought before Justice Flammer, at the Tombs Police Court, this morning. Louise Maud, the proprietoress, was held in five hundred dollars bail to answer at the Court of General Sessions. _The fifty-two men were fined three dollars each, all but twelve paying at once; and the eight women were fined ten dollars each, and sent to the Island for one month._"
The italics are my own. When we reflect that this dance-house, whatever it was, was unquestionably sustained for the gratification of men, rather than of women; when we consider that every one of these fifty-two men came there, in all probability, by his own free will, and to spend money, not to earn it; and that probably a majority of the women were driven there by necessity or betrayal, or force or despair,--it would seem that even an equal punishment would have been cruel injustice to the women. But when we observe how trifling a penalty was three dollars each to these men, whose money was likely to go for riotous living in some form, and forty of whom had the amount of the fine in their pockets; and how hopelessly large an amount was ten dollars each to women who did not, probably, own even the clothes they wore, and who were to be sent to prison for a month in addition,--we see a kind of injustice which would stand a fair chance of being righted, I suspect, if women came into power. Not that they would punish their own s.e.x less severely; probably they would not: but they would put men more on a level as to the penalty.
It may be said that no such justice is to be expected from women; because women in what is called "society" condemn women for mere imprudence, and excuse men for guilt. But it must be remembered that in "society" guilt is rarely a matter of open proof and conviction, in case of men: it is usually a matter of surmise; and it is easy for either love or ambition to set the surmise aside, and to a.s.sume that the worst reprobate is "only a little wild." In fact, as Margaret Fuller pointed out years ago, how little conception has a virtuous woman as to what a dissipated young man really is! But let that same woman be a Portia, in the judgment-seat, or even a legislator or a voter, and let her have the unmistakable and actual offender before her, and I do not believe that she will excuse him for a paltry fine, and give the less guilty woman a penalty more than quadruple.
Women will also be sure to bring special sympathy and intelligent attention to the wrongs of children. Who can read without shame and indignation this report from "The New York Herald"?
THE CHILD-SELLING CASE.
Peter Hallock, committed on a charge of abducting Lena Dinser, a young girl thirteen years old, whom, it was alleged, her father, George Dinser, had sold to Hallock for purposes of prost.i.tution, was again brought yesterday before Judge Westbrook in the Supreme Court Chambers, on the writ of habeas corpus previously obtained by Mr.
William F. Howe, the prisoner"s counsel. Mr. Howe claimed that Hallock could not be held on either section of the statute for abduction. Under the first section the complaint, he insisted, should set forth that the child was taken contrary to the wish and against the consent of her parents. On the contrary, the evidence, he urged, showed that the father was a willing party. Under the second section, it was contended that the prisoner could not be held, as there was no averment that the girl was of previous chaste character. Judge Westbrook, a brief counter argument having been made by Mr. Dana, held that the points of Mr. Howe were well taken, and ordered the prisoner"s discharge.
Here was a father who, as the newspapers allege, had previously sold two other daughters, body and soul, and against whom the evidence seemed to be in this case clear. Yet through the defectiveness of the statute, or the remissness of the prosecuting attorney, he goes free, without even a trial, to carry on his infamous traffic for other children. Grant that the points were technically well taken and irresistible,--though this is by no means certain,--it is very sure that there should be laws that should reach such atrocities with punishment, whether the father does or does not consent to his child"s ruin; and that public sentiment should compel prosecuting officers to be as careful in framing their indictments where human souls are at stake as where the question is of dollars only. It is upon such matters that the influence of women will make itself felt in legislation.
INDIVIDUALS _vs._ CLa.s.sES
As the older arguments against woman suffrage are abandoned, we hear more and more of the final objection, that the majority of women have not yet expressed themselves on the subject. It is common for such reasoners to make the remark, that if they knew a given number of women--say fifty, or a hundred, or five hundred--who honestly wished to vote, they would favor it.
Produce that number of unimpeachable names, and they say that they have reconsidered the matter, and must demand more,--perhaps ten thousand. Bring ten thousand, and the demand again rises. "Prove that the majority of women wish to vote, and they shall vote." "Precisely," we say: "give us a chance to prove it by taking a vote;" and they answer, "By no means."
And, in a certain sense, they are right. It ought not to be settled that way,--by dealing with woman as a cla.s.s, and taking the vote. The agitators do not merely claim the right of suffrage for her as a cla.s.s: they claim it for each individual woman, without reference to any other. If there is only one woman in the nation who claims the right to vote, she ought to have it.
In Oriental countries all legislation is for cla.s.ses, and in England it is still mainly so. A man is expected to remain in the station in which he is born; or, if he leaves it, it is by a distinct process, and he comes under the influence, in various ways, of different laws. If the iniquities of the "Contagious Diseases" act in England, for instance, had not been confined in their legal application to the lower social grades, the act would never have pa.s.sed. It was easy for men of the higher cla.s.ses to legislate away the modesty of women of the lower cla.s.ses; but if the daughter of an earl could have been arrested, and submitted to a surgical examination at the will of any policeman, as the daughter of a mechanic might be, the law would not have stood a day. So, through all our slave States, there was cla.s.s legislation for every person of negro blood: the laws of crime, of punishment, of testimony, were all adapted to cla.s.ses, not individuals.
Emanc.i.p.ation swept this all away, in most cases: cla.s.ses ceased to exist before the law, so far as men at least were concerned; there were only individuals. The more progress, the less cla.s.s in legislation. We claim the application of this principle as rapidly as possible to women.
Our community does not refuse permission for women to go unveiled till it is proved that the majority of women desire it; it does not even ask that question: if one woman wishes to show her face, it is allowed. If a woman wishes to travel alone, to walk the streets alone, the police protects her in that liberty. She is not thrust back into her house with the reproof, "My dear madam, at this particular moment the overwhelming majority of women are indoors: prove that they all wish to come out, and you shall come." On the contrary, she comes forth at her own sweet will: the policeman helps her tenderly across the street, and waves back with imperial gesture the obtrusive coal-cart. Some of us claim for each individual woman, in the same way, not merely the right to go shopping, but to go voting; not merely to show her face, but to show her hand.
There will always be many women, as there are many men, who are indifferent to voting. For a time, perhaps always, there will be a larger percentage of this indifference among women. But the natural right to a share in the government under which one lives, and to a voice in making the laws under which one may be hanged,--this belongs to each woman as an individual; and she is quite right to claim it as she needs it, even though the majority of her s.e.x still prefer to take their chance of the penalty, without perplexing themselves about the law. The demand of every enlightened woman who asks for the ballot--like the demand of every enlightened slave for freedom--is an individual demand; and the question whether they represent the majority of their cla.s.s has nothing to do with it. For a republic like ours does not profess to deal with cla.s.ses, but with individuals; since "the whole people covenants with each citizen, and each citizen with the whole people, for the common good," as the const.i.tution of Ma.s.sachusetts says.
And, fortunately, there is such power in an individual demand that it appeals to thousands whom no abstract right touches. Five minutes with Frederick Dougla.s.s settled the question, for any thoughtful person, of that man"s right to freedom. Let any woman of position desire to enter what is called "the lecture-field," to support herself and her children, and at once all abstract objections to women"s speaking in public disappear: her friends may be never so hostile to "the cause," but they espouse her individual cause; the most conservative clergyman subscribes for tickets, but begs that his name may not be mentioned. They do not admit that women, as a cla.s.s, should speak,--not they; but for this individual woman they throng the hall. Mrs. Dahlgren abhors politics: a woman in Congress, a woman in the committee-room,--what can be more objectionable? But I observe that when Mrs. Dahlgren wishes to obtain more profit by her husband"s inventions all objections vanish: she can appeal to Congressmen, she can address committees, she can, I hope, prevail. The individual ranks first in our sympathy: we do not wait to take the census of the "cla.s.s."
Make way for the individual, whether it be Mrs. Dahlgren pleading for the rights of property, or Lucy Stone pleading for the rights of the mother to her child.
DEFEATS BEFORE VICTORIES
After one of the early defeats in the War of the Rebellion, the commander of a Ma.s.sachusetts regiment wrote home to his father: "I wish people would not write us so many letters of condolence. Our defeat seemed to trouble them much more than it troubles us. Did people suppose there were to be no ups and downs? We expect to lose plenty of battles, but we have enlisted for the war."
It is just so with every successful reform. While enemies and half-friends are proclaiming its defeats, those who advocate it are rejoicing that they have at last got an army into the field to be defeated. Unless this war is to be an exception to all others, even the fact of having joined battle is a great deal. It is the first step. Defeat first; a good many defeats, if you please: victory by and by.
William Wilberforce, writing to a friend in the year 1817, said, "I continue faithful to the measure of Parliamentary reform brought forward by Mr. Pitt. I am firmly persuaded that at present a prodigious majority of the people of this country are adverse to the measure. In my view, so far from being an objection to the discussion, this is rather a recommendation." In 1832 the reform bill was pa.s.sed.
In the first Parliamentary debate on the slave trade, Colonel Tarleton, who boasted to have killed more men than any one in England, pointing to Wilberforce and others, said, "The inspiration began on that side of the house;" then turning round, "The revolution has reached to this also, and reached to the height of fanaticism and frenzy." The first vote in the House of Commons, in 1790, after arguments in the affirmative by Wilberforce, Pitt, Fox, and Burke, stood, ayes, 88; noes, 163: majority against the measure, 75. In 1807 the slave trade was abolished, and in 1834 slavery in the British colonies followed; and even on the very night when the latter bill pa.s.sed, the abolitionists were taunted by Gladstone, the great Demerara slaveholder, with having toiled for forty years and done nothing. The Roman Catholic relief bill, establishing freedom of thought in England, had the same experience. It pa.s.sed in 1829 by a majority of a hundred and three in the House of Lords, which had nine months before refused by a majority of forty-five to take up the question at all.
The English corn laws went down a quarter of a century ago, after a similar career of failures. In 1840 there were hundreds of thousands in England who thought that to attack the corn laws was to attack the very foundations of society. Lord Melbourne, the prime minister, said in Parliament, that "he had heard of many mad things in his life, but, before G.o.d, the idea of repealing the corn laws was the very maddest thing of which he had ever heard." Lord John Russell counselled the House to refuse to hear evidence on the operation of the corn laws. Six years after, in 1846, they were abolished forever.
How Wendell Phillips, in the anti-slavery meetings, used to lash pro-slavery men with such formidable facts as these,--and to quote how Clay and Calhoun and Webster and Everett had pledged themselves that slavery should never be discussed, or had proposed that those who discussed it should be imprisoned,--while, in spite of them all, the great reform was moving on, and the abolitionists were forcing politicians and people to talk, like Sterne"s starling, nothing but slavery!
We who were trained in the light of these great agitations have learned their lesson. We expect to march through a series of defeats to victory.
The first thing is, as in the anti-slavery movement, so to arouse the public mind as to make this the central question. Given this prominence, and it is enough for this year or for many years to come. Wellington said that there was no such tragedy as a victory, except a defeat. On the other hand, the next best thing to a victory is a defeat, for it shows that the armies are in the field. Without the unsuccessful attempt of to-day, no success to-morrow.
When Mrs. Frances Anne Kemble came to this country, she was amazed to find Americans celebrating the battle of Bunker Hill, which she had always heard claimed as a victory for King George. Such it was doubtless called; but what we celebrated was the fact that the Americans there threw up breastworks, stood their ground, fired away their ammunition,--and were defeated. Thus the reformer, too, looking at his failures, often sees in them such a step forward, that they are the Bunker Hill of a new revolution. Give us plenty of such defeats, and we can afford to wait a score of years for the victories. They will come.