BLACKWELL FAMILY Petition to the Senate and Assembly LUCY STONE of the State of New Jersey (Lucy Stone and Antoinette Blackwell)[*Lucy Stone comp'ts of the author*] FACTS versus SNEERS. LETTER TO THE COMMITTEE ON JUDICIARY OF THE New Jersey House of Assembly, REVIEWING THEIR LATE REPORT AGAINST FEMALE SUFFRAGE, BY J. K. H. WILLCOX, B. S., L. L. B. Professor of Political Science in Howard University, and Editor Social Science Review, TO WHICH IS ADDED THE REPORT OF THAT COMMITTEE. CAMDEN, N. J. PRINTED AT THE OFFICE OF THE NEW REPUBLIC 1868.PETITION. To the Senate and Assembly of New Jersey: The undersigned, citizens of Newark, Essex county, New Jersey, pray your Honorable body to take such steps for the amendment of the Constitution of this State as will secure to Women their right to vote. Also, We pray your Honorable body so to amend the statues of this State that Married Women may make a valid will of all property, real, personal and mixed, in the same manner that all other sane adult persons are now free to do so. Also, That a widow may be entitled to the life use of the whole of the deceased husband's real estate, as the widower is now to the life use of the whole of his deceased wife's real estate. Also, That a widow may succeed to the ownership of the whole of her deceased husband's personal property, in the same manner that a widower now succeeds to the ownership of the whole personal property of his wife. LUCY STONE, ANTOINETTE B. BLACKWELL A LETTER To Messrs. C. Christie, Chairman, Charles E. Hendrickson, George Gage, Committee on Judiciary of the House of Assembly of the Legislature of the State of New Jersey, respecting their late report on Female Suffrage. GENTLEMEN :–Permit a non-resident of your State to congratulate you and your constituents on the brilliant and courtly way in which you have disposed of the petition of Lucy Stone and Antoinette B. Blackwell. The people who chose and trusted you to serve their interests, and the House which chose you, as the three ablest lawyers among its members, to form the Committee on Judiciary, are alike honored by the wisdom of their choice. They have selected three statesmen who have earned immortality. For generations to come the children of New Jersey will be taught to revere your names, as those of men whose learning in the law, whose wisdom in administration, and whose genius in political science enabled them to quote verses where common men rely on authorities, to dispose of injustice with a jest, and to refute argument with a sneer. That in this I do not exaggerate, let me recall the facts. Two citizens of your State, who have risen to eminence and honor by lives of rare and earnest toil and usefulness, and whose large experiences in ameliorating the sufferings of the class to which they belong, entitles their suggestions to the "respectful consideration" which you profess to extend to them, and for which you strangely apologize, make to the Legislature, of which you are such glittering ornaments, certain suggestions as to the share which the government of your State may properly take in lessening the evils of which their knowledge is so large. To you, as the three ablest members of your body, these suggestions are referred for examination. What are these suggestions? They are in substance that, while many of the aristocracies and castes of the Old World have never been allowed to take root on this continent, and while others which have done so have been destroyed, one of the most cruel and wide-spread is in full growth, running its poison tendrils over the whole of American society. This caste is the subjection of women to men, which leads to the foulest wrongs, wrongs that blight the happiness alike of the villa and the hovel. The petitioners believe that if women had the same power that men now have over the making of the laws, and over their administration, the evils that now burden many weary souls would pass away. They believe that equal political power would yield equal justice and freedom. Accordingly they ask your Legislature to secure to the oppressed class that equal freedom at the ballot box which they believe would yield equal justice before the law. On these suggestions, to use your sarcastic phrase, you "respectfully report." You first deliberately misconstrue the petition, by stating that it asks that a right be given, whereas the petitioners ask that it be secured to those to whom4 it belongs, and to whom the existing aristocracy of sex debars its exercise, however needful. You then set up a windmill, consisting of a question which you propose to yourselves, and run a logical tilt at it worthy of Don Quixote in his bravest days. Of all the lights in which the subject can be viewed, you find two sufficient to enlighten the august body of which you are distinguished luminaries. You consume your valuable time, as well as that of the House, both paid for in part by the oppressed class whom you are asked to relieve, in discussing a point with which both you and the Legislature have nothing whatever to do, namely, "Should women vote?" And this you answer much after the fashion of the brave and sage Knight of La Mancha, when if his lance was driven into a revolving sail he was whirled into the air and dashed between the sails one of them was sure to strike him with a like result. You admit but two alternatives; if women generally do not ask to be allowed to exercise the right, no women should be allowed to use it; and if most women ask to exercise it, all will surely be allowed to do so. To intelligence as lofty as yours the question whether many wish the power who for various reasons are unwilling to ask it, and whether the indifference or aversion of one should fetter the action of another, would probably seem trifling. Allow me therefore to put to you a case which will commend itself to the attention of your judicial minds. Suppose that on the statute books of New Jersey appeared a provision that male citizens alone should enjoy the privilege of the writ of habeas corpus. Sup- that the women of your State suffered under the frightful oppressions which history tells us were the fate of those deprived of this privilege. Suppose that two women, who felt little need of the privilege themselves, but the goodness of whose hearts had led them to become practically acquainted with the wrongs which existed, should ask you to extend this defense of freedom to those why they knew needed it. Suppose that most of the oppressed were too ignorant or too closely kept down to ask for the privilege which would protect their persons and property. With equal fitness as on the present occasion, when you are asked to give them a like defence, might you not then gravely and sagely observe that when the mass of women asked the privilege (that is, when they were sufficiently protected without it to be able to ask it) it would be time to grant it? You will perhaps answer that you would grant that privilege. Then, permit me to ask, why not this also, for it is a defense of person and property, if you disapprove fraud and robbery. Nay, pardon me; on recalling certain current rumors respecting your Legislature, it occurs to me that you may not be of this latter opinion. When I say that the question "Should women vote?" is one with which neither you, the Legislature, nor the petition are concerned, I have no doubt that intellects so profound will apprehend my meaning, and that (to follow your illustrious example of familiar quotations) if I undertook to explain the difference between the possession and the use of a power I should be open to the charge of attempting to instruct my grand maternal relative in the rudiments of the process of suction. I venture to remark, however, that those who actually use the habeas corpus privilege 5 are not the only gainers by its possession, and that its possessors are in a far different position from those who are wholly debarred from its exercise. Propose to yourselves for a moment the question which the petition proposes: "Should women be free to vote if they choose? The intensity of your metaphysical researches, gentlemen, has so far removed you from the every-day world, that you are in the position of astronomers, whose search into the secrets of the universe has dimmed their perception of things around them. In the subtleness of your researches you have overlooked the difference between this question and the one that you have undertaken to answer - which you do answer with logic that would triumphantly win a leathern prize to a school boy, which with modesty and irony at once requisite and crushing, you entitle "your most respectful consideration." In view of the facts on whose existence I have ventured to remark, the philosophical nature becomes strikingly plain of an answer to the question raised by the petition made up of speculations, such as yours, to the effect that the success of the petition "would result in a simple increase of numbers in those who exercise suffrage," (the grammatical genius which produced this sentence cannot be too much admired). That "the extension of suffrage would not improve the condition of woman;" and that "the burdens that would be imposed on her would more than counterbalance the benefits gained." Permit me, as a practical man, to suggest that a question of the realness of this ca be settled by experience alone, and not by any fine-spun reasoning or theory. It would enable the common mind to better comprehend your luminous lucubrations on "the true sphere and true mission of woman "if you would condescend to explain how a plain measure of protection to the noble qualities of woman which you so eloquently portray, a simple and ready defence against wrong and pollution, is to destroy those qualities, and serve the purpose that it is calculated to defeat. Also, why the danger of dragging her shining skirts in the polluting mire of politics, is a vital objection to their use of the ballot, when it can be obviated by a curtailing process at once easy, economical, and simple. A mind of equal insight can alone penetrate these paradoxes; and perhaps the common herd would do wrong to ask such to make themselves understood. One result of your profound investigations, has, I must confess, struck me with astonishment and regret. This is the conclusion which you announce, that "grace and gentleness, love and dignity, are the peculiar property of woman." It is commonly thought that men have some title to these qualities. By what process of comparison, personal or otherwise, gentlemen, you have attained this result, I know not; but as you put it forth as derived from investigation, I am compelled to believe that, in your State at least, these "elements of power and worth" are subject to one of the monopolies in which your Legislature seems to delight, and are deemed inconsistent with a part in public affairs. Still further, gentlemen. The petitioners ask of you specific measures of relief, as well as a general measure of protection. To this request you pay no attention, beyond confessing that there may be exceptions to the assertion which you as theorists make, against the practical knowledge of the petitioners, that she 6 already enjoys all the rights essential to her happiness, or consistent with the marriage relation." The petitioners tell you that there are such exceptions, and ask you to provide against them, both generally and specially. You do neither, and in the same breath declare that "When women sue. Men give like Gods." Do you intend us to belive certain low tales respecting your constituents, that you do not advise them even to give like men? There is another common poetical quotation from an older and more familiar writer than any with whom you have displayed acquaintance, which seems equally fitting to the occasion: "Three wise men of Gotham, Went to sea in a bowl; If their heads had been stronger, My tale had been longer - But enough, gentlemen. In concluding, you show your boasted "reverence for woman," by what you are pleased to call "respectfully submitting" an allusion to the childlessness of some women who devote themselves to raising the down-trodden, in regard to the taste and courtesy of which I need but say that it is a worthy end to such a document, a fitting close to a report whose dignity is approached only by its poetry, whose brevity is equalled only by its levity, and whose wisdom is surpasses only by its wit. I cannot but add that enough praise cannot be awarded to the temper and patience of a House whose members listened to its reading without refusing to receive it, and did not forthwith declare it an insult to their understandings. With great respect, gentlemen, J. K. H. WILLCOX. REPORT OF JUDICIARY COMMITTEE. The Committee on the Judiciary to whom was referred the petition and communication of Lucy Stone and Antoinette B. Blackwell, do respectfully report, "The gallant urging of the House as well as their own reverence for woman, have induced the Committee to give the matter their earliest and most respectful consideration. The fair petitioners pray for such amendment of our State Constitution as will give to women the right to vote, and for such amendment of our statutes as will give to a married woman the full right of disposal of her property by will, and to a widow the same rights in the property of her deceased husband that a man now has in the property of his deceased wife. In this day of agitation and experiment, it is natural, nay, inevitable, that all parties and classes should seek to know and strive to attain their just rights and relations in society and government. And it is neither right not wise summarily to condemn such a spirit simply because the particular privilege claimed may seem at first sight absurd or wrong. But when woman is the part who agitates the question of her rights, it becomes a matter of particular delicacy and difficulty. It hath been said, "When women sue Men give like gods," and the committee feel almost bound to apologize while they proceed, in obedience to duty, to consider the propriety of the present petition. The demand for suffrage is undoubtedly the chief concern of the petitioners, and to this the committee will confine their report. Should women vote? Viewing this question in one light, it would seem to be conclusively settled by this consideration: When legislation is claimed for any class of citizens, it is always natural and fair to ask if the majority of that class favor the claim. Now the majority of women in this State do not desire suffrage. If they did, it would be easy for them unmistakeably to manifest it. But the petitioners are only two, while the women of the State are many thousands. And the committee confidently assert that the silence of the women who do not petition, is an indication, not so much of their indifference as of their aversion to the claim made in their behalf. In other words, a great majority of the women of the State would disclaim any desire to vote. Viewing this question in another light, it does not seem any question at all. If the women of the State either unanimously or by a majority, or even in considerable numbers desire this right they will have it. There is an old couplet which reads of woman, "When she will she will, you may depend on't, When she won't she won't, and there's an end on't." And there is at least as much truth in this, even in politics, that if these women in such numbers were to press their claim for suffrage with earnestness, the ordinary considerations that control parties and legislatures would make their claim successful. Besides, the women of the State are in an actual majority over the men of several thousand, so that if there be of right no political distinction between them, the simple determination of the women to assume the right of suffrage, should of itself be effectual. Why not? But, granting what the petitioners seem to intimate, that there is an actual desire for suffrage by the women of the State, who are yet willing to abide by the determination of this Legislature, would 8 it be wise for the Legislature to gratify that desire? Would it elevate suffrage? Men and women differ in many important respects, but under the same circumstances they are morally equal. If women were invested with suffrage, though at first they might purify the ballot-box, ultimately, when they came to feel the full force of all the influences that bear upon men, they would manifest the same tendencies. Thus is would result in a simple increase of numbers in those who exercise suffrage. It is of course a duty to protect suffrage in every way from the danger of degradation, but would mere numbers serve more to lessen or enhance this peril. Would the extension of suffrage improve the condition of woman? It may be said that it would enable her to enforce all her demands, and thus ultimately gain for her full equality of rights with man. And evidently the right of suffrage is not sought for itself, but for these general ends. But the same rights imply the same duties, responsibilities and capacity. In other words, women would be entitled to no relief from the burdens now exclusively borne by man, on the plea of any inferiority or peculiarity of organization or character, while man would be relieved from all duties to her founded upon such distinctions. When it is remembered what many of those duties are, and the unquestionable unfitness of woman to discharge them, and then that she already enjoys, with rare exceptions, if any, all the rights essential to her happiness, or consistency with the marriage relation, it would seem that the burdens that would be imposed on her would more than counterbalance the benefits gained. But would it consist with the true sphere and true mission of woman? Not if any regard is had to the teachings of the Bible, either as to the original purpose of her creation or to the proper duties and character of a model woman. there it is taught that woman was made to be an help-meet for man, that she is properly subject to her husband, that her duty is to learn in silence (not to teach or usurp authority over man), to love her husband and children; that her true ornaments are a meek and quiet spirit, diligence, modesty, sobriety, and virtue, and that her true sphere is home. So the highest uninspired authorities accord with these sentiments. The great poets of our own tongue have sung the praises of woman in the highest strains, and with the intuition of genius have caught and fixed the true elements of her power and worth, her grace and gentleness, her love and dignity - elements that have their origin and gain their strength only in the domestic sphere, and are the peculiar property of woman. In her true sphere of home, and in her highest charm, woman hath been thus most happily portrayed: "Here woman reigns; the mother, daughter, wife, Strews with fresh flowers the narrow way of life; In the clear heaven of her delightful eye An angel guard of loves and graces lie; Around her knees domestic duties meet, And fireside pleasures gambol at her feet." Surely, woman never fulfills her true mission or fills her true sphere if not when, as wife and mother, by her wise provision and rule she brings happiness and honor to her husband and her household, and shapes the character of her children to the highest ends of life. Of such an one the wisest of men said: "Many daughters have done virtuously, but thou excellest them all." And another has well said: "In her a thousand claims to reverence close." But woman, mingling in the angry strife of politics, and dragging her shining skirts in its polluting mire, is not consistent with such a conception as this. In view of all these considerations, the committee do report adversely to the prayer of the petitioners for suffrage. And if it be proper for them to make any suggestions for the benefit of the petitioners and those who sympathize with them, they would say, with all respect, with the stern of King of the ambitious Princess - "A lusty brace Of twins may cure her of her folly. By The bearing and traiaing of a child Is woman's wisdom." All of which is respectfully submitted, C. CHRISTIE, Chairman, CHAS. E. HENDRICKSON, GEORGE GAGEREPORT OF THE COMMITTEE ON JUDICIARY OF THE HOUSE OF ASSEMBLY, IN RELATION TO FEMALE SUFFRAGE. TRENTON, N. J.: PRINTED AT THE TRUE AMERICAN OFFICE. 1868. PETITION. To the Senate and Assembly of the State of New Jersey: The undersigned, citizens of Newark, Essex county, New Jersey, pray your Honorable body to take such steps for the amendment of the Constitution of this State as will secure to Women their right to vote. Also: We pray your Honorable body so to amend the statutes of this State that Married Women may make a valid will of all property, real, personal and mixed, in the same manner that all other sane adult persons are now free to do. Also: That a widow may be entitled to the life use of the whole of the deceased husband's real estate, as the widower is now to the life use of the whole of a his deceased wife's real estate. Also: That a widow may succeed to the ownership of the whole of her deceased husband's personal property, in the same manner that a widower now succeeds to the ownership of the whole personal property of his wife. LUCY STONE, ANTOINETTE B. BLACKWELL.REPORT. The Committee on the Judiciary to whom was referred the petition and communication of Lucy Stone and Antoinette B. Blackwell, do respectfully report. The gallant urging of the House as well as their own reverence for woman, have induced the Committee to give the matter their earliest and most respectful consideration. The fair petitioners pray for such amendment of our State Constitution as will give to women the right to vote, and for such amendment of our statutes as will give to a married woman the full right of disposal of her property by will, and to a widow the same rights in the property of her deceased husband that a man now has in the property of his deceased wife. In this day of agitation and experiment, it is natural, nay, inevitable, that all parties and classes should seek to know and strive to attain their just rights and relations in society and government. And it is neither right nor wise summarily to condemn such a spirit simply because the particular privilege claimed may seem at first absurd or wrong. But when woman is the party who agitates the question of her rights, it becomes a matter of peculiar delicacy and difficulty. It hath been said, "When women sue Men give like gods." And the Committee feel almost bound to apologize while they proceed, in obedience to duty, to consider the propriety of the present petition. The demand for suffrage is undoubtedly the chief concern of the petitioners, and to this the Committee will confine their report. Should women vote? Viewing this question in one light, it would seem to be conclusively settled by this consideration : When legislation is claimed for any class of citizens, it is always natural and fair to ask if the majority of that class favor the claim. Now the majority of the women of the State do not desire suffrage. If they did, it would be easy for them unmistakably to manifest it. But the petitioners are only two, while the women of the State are many thousand.6 REPORT ON FEMALE SUFFRAGE. And the Committee confidently assert that the silence of the women who do not petition, is an indication, not so much of their indifference, as of their aversion to the claim made in their behalf. In other words, a great majority of the women of the State would disclaim any desire to vote. Viewing this question in another light, it does not seem any question at all. If the women of the State either unanimously or by a majority, or even in considerable number desire this right they will have it. There is an old couplet that reads of woman, 'When she will she will, you may depend on't, When she won't she won't, and there's an end on't." And there is at least as much truth in it as this, even in politics, that if these women in such numbers were to press their claim for suffrage with earnestness, the ordinary considerations that control parties and legislatures would make their claim successful. Besides, the women of the State are in an actual majority over the men of several thousand, so that if there be of right no political distinction between them, the simple determination of the women to assume the right of suffrage, should of itself be effectual. Why not? But, granting what the petitioners seem to intimate, that there is an actual desire for suffrage by the women of the State, who are yet willing to abide by the determination of this Legislature, would it be wise for the Legislature to gratify that desire? Would it elevate suffrage? Men and women differ in many important respects, but under the same circumstances they are morally equal. If women were invested with suffrage, though at first they might purify the ballot- box, ultimately, when they came to feel the full force of all the influences that bear upon men, they would manifest the same tendencies. Thus it would result in a simple increase of numbers in those who exercise suffrage. It is of course a duty to protect suffrage in every way from the danger of degradation, but would mere numbers serve more to lessen or enhance this peril. Would the extension of suffrage improve the condition of woman? It may be said that it would enable her to enforce all her demands, and thus ultimately gain for her full equality of rights with man. And evidently the right of suffrage is not sought for itself, but for these general ends. But the same rights imply the same duties, responsibilities and capacity. In other words, women would be entitled to no relief from the burdens now exclusively borne by man, on the plea of any inferiority or peculiarity of organization or character, while man would be relieved from all duties to her founded upon such distinction. When it is remembered what many of those duties are, and the unquestionable unfitness of woman to discharge them, and then that she already enjoys, with rare exceptions, if any, all the rights essential to her happiness or consistent with the marriage relation, it would seem that the burdens that would be imposed on her would more than counterbalance the benefits gained. REPORT ON FEMALE SUFFRAGE. 7 But would it consist with the true sphere and true mission of woman? Not if any regard be had to the teachings of the Bible, either as to the original purpose of her creation, or as to the proper duties and character of a model woman. There it is taught that women was made to be an help-meet for man, that she is properly subject to her husband, that her duty is to learn in silence (not to teach or usurp authority over man), to love her husband and children; that her true ornaments are a meek and quiet spirit, diligence, modesty, sobriety and virtue, and that her true sphere is home. So the highest uninspired authorities accord with these sentiments. The great poets of our own tongue have sung the praises of woman in the highest strains, and with the intuition of genius have caught and fixed the true elements of her power and worth, her grace and gentleness, her love and dignity - elements that have their origin and gain their strength only in the domestic sphere, and are the peculiar property of woman. In her true sphere of home, and in her highest charm, woman hath been thus most happily portrayed: "Here woman reigns; the mother, daughter, wife, Strews with fresh flowers the narrow way of life; In the clear heaven of her delightful eye An angel guards of loves and graces lie; Around her knees domestic duties meet, And fireside pleasures gambol at her feet." Surely, woman never fulfills her true mission or fills her true sphere if not when, as wife and mother, by her wise provision and rule she brings happiness and honor to her husband and household, and shapes the character of her children to the highest ends of life. Of such an one the wisest of men said: "Many daughters have done virtuously, but thou excellest them all." And another has well said: "IN her a thousand claims to reverence close." But woman, mingling in the angry strife of politics, and dragging her shining skirts in its polluting mire, is not consistent with such a conception as this. In view of all these considerations, the Committee do report adversely to the prayer of the petitioners for suffrage. And if it be proper for them to make any suggestion for the benefit of the petitioners and those who sympathize with them, they would say, with all respect, with the stern old King of the ambitious Princess - "A lusty brace Of twins may weed her of her folly. By The bearing and the training of a child Is woman's wisdom." All of which is respectfully submitted. C. CHRISTIE, Chairman, CHAS. E. HENDRICKSON, GEORGE GAGE.