Читать книгу History of Woman Suffrage (Vol. 1-6) - Various - Страница 82

MRS. STANTON'S ADDRESS.

To the Legislature of the State of New York:

"The thinking minds of all nations call for change. There is a deep-lying struggle in the whole fabric of society; a boundless, grinding collision of the New with the Old."

The tyrant, Custom, has been summoned before the bar of Common-Sense. His majesty no longer awes the multitude—his sceptre is broken—his crown is trampled in the dust—the sentence of death is pronounced upon him. All nations, ranks, and classes have, in turn, questioned and repudiated his authority; and now, that the monster is chained and caged, timid woman, on tiptoe, comes to look him in the face, and to demand of her brave sires and sons, who have struck stout blows for liberty, if, in this change of dynasty, she, too, shall find relief. Yes, gentlemen, in republican America, in the nineteenth century, we, the daughters of the revolutionary heroes of '76, demand at your hands the redress of our grievances—a revision of your State Constitution—a new code of laws. Permit us then, as briefly as possible, to call your attention to the legal disabilities under which we labor.

1st. Look at the position of woman as woman. It is not enough for us that, by your laws we are permitted to live and breathe, to claim the necessaries of life from our legal protectors—to pay the penalty of our crimes; we demand the full recognition of all our rights as citizens of the Empire State. We are persons; native, free-born citizens; property-holders, tax-payers; yet are we denied the exercise of our right to the elective franchise. We support ourselves, and, in part, your schools, colleges, churches, your poor-houses, jails, prisons, the army, the navy, the whole machinery of government, and yet we have no voice in your councils. We have every qualification required by the Constitution, necessary to the legal voter, but the one of sex. We are moral, virtuous, and intelligent, and in all respects quite equal to the proud white man himself, and yet by your laws we are classed with idiots, lunatics, and negroes; and though we do not feel honored by the place assigned us, yet, in fact, our legal position is lower than that of either; for the negro can be raised to the dignity of a voter if he possess himself of $250; the lunatic can vote in his moments of sanity, and the idiot, too, if he be a male one, and not more than nine-tenths a fool; but we, who have guided great movements of charity, established missions, edited journals, published works on history, economy, and statistics; who have governed nations, led armies, filled the professor's chair, taught philosophy and mathematics to the savants of our age, discovered planets, piloted ships across the sea, are denied the most sacred rights of citizens, because, forsooth, we came not into this republic crowned with the dignity of manhood! Woman is theoretically absolved from all allegiance to the laws of the State. Sec. 1, Bill of Rights, 2 R. S., 301, says that no authority can, on any pretence whatever, be exercised over the citizens of this State but such as is or shall be derived from, and granted by the people of this State.

Now, gentlemen, we would fain know by what authority you have disfranchised one-half the people of this State? You who have so boldly taken possession of the bulwarks of this republic, show us your credentials, and thus prove your exclusive right to govern, not only yourselves, but us. Judge Hurlburt, who has long occupied a high place at the bar in this State, and who recently retired with honor from the bench of the Supreme Court, in his profound work on Human Rights, has pronounced your present position rank usurpation. Can it be that here, where we acknowledge no royal blood, no apostolic descent, that you, who have declared that all men were created equal—that governments derive their just powers from the consent of the governed, would willingly build up an aristocracy that places the ignorant and vulgar above the educated and refined—the alien and the ditch-digger above the authors and poets of the day—an aristocracy that would raise the sons above the mothers that bore them? Would that the men who can sanction a Constitution so opposed to the genius of this government, who can enact and execute laws so degrading to womankind, had sprung, Minerva-like, from the brains of their fathers, that the matrons of this republic need not blush to own their sons!

Woman's position, under our free institutions, is much lower than under the monarchy of England. "In England the idea of woman holding official station is not so strange as in the United States. The Countess of Pembroke, Dorset, and Montgomery held the office of hereditary sheriff of Westmoreland, and exercised it in person. At the assizes at Appleby, she sat with the judges on the bench. In a reported case, it is stated by counsel, and substantially assented to by the court, that a woman is capable of serving in almost all the offices of the kingdom, such as those of queen, marshal, great chamberlain and constable of England, the champion of England, commissioner of sewers, governor of work-house, sexton, keeper of the prison, of the gate-house of the dean and chapter of Westminster, returning officer for members of Parliament, and constable, the latter of which is in some respects judicial. The office of jailor is frequently exercised by a woman.

"In the United States a woman may administer on the effects of her deceased husband, and she has occasionally held a subordinate place in the post-office department. She has therefore a sort of post mortem, post-mistress notoriety; but with the exception of handling letters of administration and letters mailed, she is the submissive creature of the old common law." True, the unmarried woman has a right to the property she inherits and the money she earns, but she is taxed without representation. And here again you place the negro, so unjustly degraded by you, in a superior position to your own wives and mothers; for colored males, if possessed of a certain amount of property and certain other qualifications, can vote, but if they do not have these qualifications they are not subject to direct taxation; wherein they have the advantage of woman, she being subject to taxation for whatever amount she may possess. (Constitution of New York, Article 2, Sec. 2). But, say you, are not all women sufficiently represented by their fathers, husbands, and brothers? Let your statute books answer the question.

Again we demand in criminal cases that most sacred of all rights, trial by a jury of our own peers. The establishment of trial by jury is of so early a date that its beginning is lost in antiquity; but the right of trial by a jury of one's own peers is a great progressive step of advanced civilization. No rank of men have ever been satisfied with being tried by jurors higher or lower in the civil or political scale than themselves; for jealousy on the one hand, and contempt on the other, has ever effectually blinded the eyes of justice. Hence, all along the pages of history, we find the king, the noble, the peasant, the cardinal, the priest, the layman, each in turn protesting against the authority of the tribunal before which they were summoned to appear. Charles the First refused to recognize the competency of the tribunal which condemned him: For how, said he, can subjects judge a king? The stern descendants of our Pilgrim Fathers refused to answer for their crimes before an English Parliament. For how, said they, can a king judge rebels? And shall woman here consent to be tried by her liege lord, who has dubbed himself law-maker, judge, juror, and sheriff too?—whose power, though sanctioned by Church and State, has no foundation in justice and equity, and is a bold assumption of our inalienable rights. In England a Parliament-lord could challenge a jury where a knight was not empanneled; an alien could demand a jury composed half of his own countrymen; or, in some special cases, juries were even constituted entirely of women. Having seen that man fails to do justice to woman in her best estate, to the virtuous, the noble, the true of our sex, should we trust to his tender mercies the weak, the ignorant, the morally insane? It is not to be denied that the interests of man and woman in the present undeveloped state of the race, and under the existing social arrangements, are and must be antagonistic. The nobleman can not make just laws for the peasant; the slaveholder for the slave; neither can man make and execute just laws for woman, because in each case, the one in power fails to apply the immutable principles of right to any grade but his own.

Shall an erring woman be dragged before a bar of grim-visaged judges, lawyers, and jurors, there to be grossly questioned in public on subjects which women scarce breathe in secret to one another? Shall the most sacred relations of life be called up and rudely scanned by men who, by their own admission, are so coarse that women could not meet them even at the polls without contamination? and yet shall she find there no woman's face or voice to pity and defend? Shall the frenzied mother, who, to save herself and child from exposure and disgrace, ended the life that had but just begun, be dragged before such a tribunal to answer for her crime? How can man enter into the feelings of that mother? How can he judge of the agonies of soul that impelled her to such an outrage of maternal instincts? How can he weigh the mountain of sorrow that crushed that mother's heart when she wildly tossed her helpless babe into the cold waters of the midnight sea? Where is he who by false vows thus blasted this trusting woman? Had that helpless child no claims on his protection? Ah, he is freely abroad in the dignity of manhood, in the pulpit, on the bench, in the professor's chair. The imprisonment of his victim and the death of his child, detract not a tithe from his standing and complacency. His peers made the law, and shall law-makers lay nets for those of their own rank? Shall laws which come from the logical brain of man take cognizance of violence done to the moral and affectional nature which predominates, as is said, in woman?

Statesmen of New York, whose daughters, guarded by your affection, and lapped amidst luxuries which your indulgence spreads, care more for their nodding plumes and velvet trains than for the statute laws by which their persons and properties are held—who, blinded by custom and prejudice to the degraded position which they and their sisters occupy in the civil scale, haughtily claim that they already have all the rights they want, how, think ye, you would feel to see a daughter summoned for such a crime—and remember these daughters are but human—before such a tribunal? Would it not, in that hour, be some consolation to see that she was surrounded by the wise and virtuous of her own sex; by those who had known the depth of a mother's love and the misery of a lover's falsehood; to know that to these she could make her confession, and from them receive her sentence? If so, then listen to our just demands and make such a change in your laws as will secure to every woman tried in your courts, an impartial jury. At this moment among the hundreds of women who are shut up in prisons in this State, not one has enjoyed that most sacred of all rights—that right which you would die to defend for yourselves—trial by a jury of one's peers.

2d. Look at the position of woman as wife. Your laws relating to marriage—founded as they are on the old common law of England, a compound of barbarous usages, but partially modified by progressive civilization—are in open violation of our enlightened ideas of justice, and of the holiest feelings of our nature. If you take the highest view of marriage, as a Divine relation, which love alone can constitute and sanctify, then of course human legislation can only recognize it. Men can neither bind nor loose its ties, for that prerogative belongs to God alone, who makes man and woman, and the laws of attraction by which they are united. But if you regard marriage as a civil contract, then let it be subject to the same laws which control all other contracts. Do not make it a kind of half-human, half-divine institution, which you may build up, but can not regulate. Do not, by your special legislation for this one kind of contract, involve yourselves in the grossest absurdities and contradictions.

So long as by your laws no man can make a contract for a horse or piece of land until he is twenty-one years of age, and by which contract he is not bound if any deception has been practiced, or if the party contracting has not fulfilled his part of the agreement—so long as the parties in all mere civil contracts retain their identity and all the power and independence they had before contracting, with the full right to dissolve all partnerships and contracts for any reason, at the will and option of the parties themselves, upon what principle of civil jurisprudence do you permit the boy of fourteen and the girl of twelve, in violation of every natural law, to make a contract more momentous in importance than any other, and then hold them to it, come what may, the whole of their natural lives, in spite of disappointment, deception, and misery? Then, too, the signing of this contract is instant civil death to one of the parties. The woman who but yesterday was sued on bended knee, who stood so high in the scale of being as to make an agreement on equal terms with a proud Saxon man, to-day has no civil existence, no social freedom. The wife who inherits no property holds about the same legal position that does the slave on the Southern plantation. She can own nothing, sell nothing. She has no right even to the wages she earns; her person, her time, her services are the property of another. She can not testify, in many cases, against her husband. She can get no redress for wrongs in her own name in any court of justice. She can neither sue nor be sued. She is not held morally responsible for any crime committed in the presence of her husband, so completely is her very existence supposed by the law to be merged in that of another. Think of it; your wives may be thieves, libelers, burglars, incendiaries, and for crimes like these they are not held amenable to the laws of the land, if they but commit them in your dread presence. For them, alas! there is no higher law than the will of man. Herein behold the bloated conceit of these Petruchios of the law, who seem to say:

"Nay, look not big, nor stamp, nor stare, nor fret,

I will be master of what is mine own;

She is my goods, my chattels; she is my house,

My household stuff, my field, my barn,

My horse, my ox, my ass, my anything;

And here she stands, touch her whoever dare;

I'll bring my action on the proudest he,

That stops my way, in Padua."

How could man ever look thus on woman? She, at whose feet Socrates learned wisdom—she, who gave to the world a Saviour, and witnessed alike the adoration of the Magi and the agonies of the cross. How could such a being, so blessed and honored, ever become the ignoble, servile, cringing slave, with whom the fear of man could be paramount to the sacred dictates of conscience and the holy love of Heaven? By the common law of England, the spirit of which has been but too faithfully incorporated into our statute law, a husband has a right to whip his wife with a rod not larger than his thumb, to shut her up in a room, and administer whatever moderate chastisement he may deem necessary to insure obedience to his wishes, and for her healthful moral development! He can forbid all persons harboring or trusting her on his account. He can deprive her of all social intercourse with her nearest and dearest friends. If by great economy she accumulates a small sum, which for future need she deposit, little by little, in a savings bank, the husband has a right to draw it out, at his option, to use it as he may see fit.

"Husband is entitled to wife's credit or business talents (whenever their inter-marriage may have occurred); and goods purchased by her on her own credit, with his consent, while cohabiting with him, can be seized and sold in execution against him for his own debts, and this, though she carry on business in her own name."—7 Howard's Practice Reports, 105, Lovett agt. Robinson and Whitbeck, sheriff, etc.

"No letters of administration shall be granted to a person convicted of infamous crime; nor to any one incapable by law of making a contract; nor to a person not a citizen of the United States, unless such person reside within this State; nor to any one who is under twenty-one years of age; nor to any person who shall be adjudged incompetent by the surrogate to execute duties of such trust, by reason of drunkenness, improvidence, or want of understanding, nor to any married woman; but where a married woman is entitled to administration, the same may be granted to her husband in her right and behalf."

There is nothing that an unruly wife might do against which the husband has not sufficient protection in the law. But not so with the wife. If she have a worthless husband, a confirmed drunkard, a villain, or a vagrant, he has still all the rights of a man, a husband, and a father. Though the whole support of the family be thrown upon the wife, if the wages she earns be paid to her by her employer, the husband can receive them again. If, by unwearied industry and perseverance, she can earn for herself and children a patch of ground and a shed to cover them, the husband can strip her of all her hard earnings, turn her and her little ones out in the cold northern blast, take the clothes from their backs, the bread from their mouths; all this by your laws may he do, and has he done, oft and again, to satisfy the rapacity of that monster in human form, the rum-seller.

But the wife who is so fortunate as to have inherited property, has, by the new law in this State, been redeemed from her lost condition. She is no longer a legal nonentity. This property law, if fairly construed, will overturn the whole code relating to woman and property. The right to property implies the right to buy and sell, to will and bequeath, and herein is the dawning of a civil existence for woman, for now the "femme covert" must have the right to make contracts. So, get ready, gentlemen; the "little justice" will be coming to you one day, deed in hand, for your acknowledgment. When he asks you "if you sign without fear or compulsion," say yes, boldly, as we do. Then, too, the right to will is ours. Now what becomes of the "tenant for life"? Shall he, the happy husband of a millionaire, who has lived in yonder princely mansion in the midst of plenty and elegance, be cut down in a day to the use of one-third of this estate and a few hundred a year, as long he remains her widower? And should he, in spite of this bounty on celibacy, impelled by his affections, marry again, choosing for a wife a woman as poor as himself, shall he be thrown penniless on the cold world—this child of fortune, enervated by ease and luxury, henceforth to be dependent wholly on his own resources? Poor man! He would be rich, though, in the sympathies of many women who have passed through just such an ordeal. But what is property without the right to protect that property by law? It is mockery to say a certain estate is mine, if, without my consent, you have the right to tax me when and how you please, while I have no voice in making the tax-gatherer, the legislator, or the law. The right to property will, of necessity, compel us in due time to the exercise of our right to the elective franchise, and then naturally follows the right to hold office.

3d. Look at the position of woman as widow. Whenever we attempt to point out the wrongs of the wife, those who would have us believe that the laws can not be improved, point us to the privileges, powers, and claims of the widow. Let us look into these a little. Behold in yonder humble house a married pair, who, for long years, have lived together, childless and alone. Those few acres of well-tilled land, with the small, white house that looks so cheerful through its vines and flowers, attest the honest thrift and simple taste of its owners. This man and woman, by their hard days' labor, have made this home their own. Here they live in peace and plenty, happy in the hope that they may dwell together securely under their own vine and fig-tree for the few years that remain to them, and that under the shadow of these trees, planted by their own hands, and in the midst of their household gods, so loved and familiar, they may take their last farewell of earth. But, alas for human hopes! the husband dies, and without a will, and the stricken widow, at one fell blow, loses the companion of her youth, her house and home, and half the little sum she had in bank. For the law, which takes no cognizance of widows left with twelve children and not one cent, instantly spies out this widow, takes account of her effects, and announces to her the startling intelligence that but one-third of the house and lot, and one-half the personal property, are hers. The law has other favorites with whom she must share the hard-earned savings of years. In this dark hour of grief, the coarse minions of the law gather round the widow's hearth-stone, and, in the name of justice, outrage all natural sense of right; mock at the sacredness of human love, and with cold familiarity proceed to place a moneyed value on the old arm-chair, in which, but a few brief hours since, she closed the eyes that had ever beamed on her with kindness and affection; on the solemn clock in the corner, that told the hour he passed away; on every garment with which his form and presence were associated, and on every article of comfort and convenience that the house contained, even down to the knives and forks and spoons—and the widow saw it all—and when the work was done, she gathered up what the law allowed her and went forth to seek another home! This is the much-talked-of widow's dower. Behold the magnanimity of the law in allowing the widow to retain a life interest in one-third the landed estate, and one-half the personal property of her husband, and taking the lion's share to itself! Had she died first, the house and land would all have been the husband's still. No one would have dared to intrude upon the privacy of his home, or to molest him in his sacred retreat of sorrow. How, I ask you, can that be called justice, which makes such a distinction as this between man and woman?

By management, economy, and industry, our widow is able, in a few years, to redeem her house and home. But the law never loses sight of the purse, no matter how low in the scale of being its owner may be. It sends its officers round every year to gather in the harvest for the public crib, and no widow who owns a piece of land two feet square ever escapes this reckoning. Our widow, too, who has now twice earned her home, has her annual tax to pay also—a tribute of gratitude that she is permitted to breathe the free air of this republic, where "taxation without representation," by such worthies as John Hancock and Samuel Adams, has been declared "intolerable tyranny." Having glanced at the magnanimity of the law in its dealings with the widow, let us see how the individual man, under the influence of such laws, doles out justice to his helpmate. The husband has the absolute right to will away his property as he may see fit. If he has children, he can divide his property among them, leaving his wife her third only of the landed estate, thus making her a dependent on the bounty of her own children. A man with thirty thousand dollars in personal property, may leave his wife but a few hundred a year, as long as she remains his widow.

The cases are without number where women, who have lived in ease and elegance, at the death of their husbands have, by will, been reduced to the bare necessaries of life. The man who leaves his wife the sole guardian of his property and children is an exception to the general rule. Man has ever manifested a wish that the world should indeed be a blank to the companion whom he leaves behind him. The Hindoo makes that wish a law, and burns the widow on the funeral pyre of her husband; but the civilized man, impressed with a different view of the sacredness of life, takes a less summary mode of drawing his beloved partner after him; he does it by the deprivation and starvation of the flesh, and the humiliation and mortification of the spirit. In bequeathing to the wife just enough to keep soul and body together, man seems to lose sight of the fact that woman, like himself, takes great pleasure in acts of benevolence and charity. It is but just, therefore, that she should have it in her power to give during her life, and to will away at her death, as her benevolence or obligations might prompt her to do.

4th. Look at the position of woman as mother. There is no human love so strong and steadfast as that of the mother for her child; yet behold how ruthless are your laws touching this most sacred relation. Nature has clearly made the mother the guardian of the child; but man, in his inordinate love of power, does continually set nature and nature's laws at open defiance. The father may apprentice his child, bind him out to a trade, without the mother's consent—yea, in direct opposition to her most earnest entreaties, prayers and tears.

He may apprentice his son to a gamester or rum-seller, and thus cancel his debts of honor. By the abuse of this absolute power, he may bind his daughter to the owner of a brothel, and, by the degradation of his child, supply his daily wants: and such things, gentlemen, have been done in our very midst. Moreover, the father, about to die, may bind out all his children wherever and to whomsoever he may see fit, and thus, in fact, will away the guardianship of all his children from the mother. The Revised Statutes of New York provide that "every father, whether of full age or a minor, of a child to be born, or of any living child under the age of twenty-one years, and unmarried, may by his deed or last will, duly executed, dispose of the custody and tuition of such child during its minority, or for any less time, to any person or persons, in possession or remainder." 2 R. S., page 150, sec. 1. Thus, by your laws, the child is the absolute property of the father, wholly at his disposal in life or at death.

In case of separation, the law gives the children to the father; no matter what his character or condition. At this very time we can point you to noble, virtuous, well-educated mothers in this State, who have abandoned their husbands for their profligacy and confirmed drunkenness. All these have been robbed of their children, who are in the custody of the husband, under the care of his relatives, whilst the mothers are permitted to see them but at stated intervals. But, said one of these mothers, with a grandeur of attitude and manner worthy the noble Roman matron in the palmiest days of that republic, I would rather never see my child again, than be the medium to hand down the low animal nature of its father, to stamp degradation on the brow of another innocent being. It is enough that one child of his shall call me mother.

If you are far-sighted statesmen, and do wisely judge of the interests of this commonwealth, you will so shape your future laws as to encourage woman to take the high moral ground that the father of her children must be great and good. Instead of your present laws, which make the mother and her children the victims of vice and license, you might rather pass laws prohibiting to all drunkards, libertines, and fools, the rights of husbands and fathers. Do not the hundreds of laughing idiots that are crowding into our asylums, appeal to the wisdom of our statesmen for some new laws on marriage—to the mothers of this day for a higher, purer morality?

Again, as the condition of the child always follows that of the mother, and as by the sanction of your laws the father may beat the mother, so may he the child. What mother can not bear me witness to untold sufferings which cruel, vindictive fathers have visited upon their helpless children? Who ever saw a human being that would not abuse unlimited power? Base and ignoble must that man be who, let the provocation be what it may, would strike a woman; but he who would lacerate a trembling child is unworthy the name of man. A mother's love can be no protection to a child; she can not appeal to you to save it from a father's cruelty, for the laws take no cognizance of the mother's most grievous wrongs. Neither at home nor abroad can a mother protect her son. Look at the temptations that surround the paths of our youth at every step; look at the gambling and drinking saloons, the club rooms, the dens of infamy and abomination that infest all our villages and cities—slowly but surely sapping the very foundations of all virtue and strength.

By your laws, all these abominable resorts are permitted. It is folly to talk of a mother moulding the character of her son, when all mankind, backed up by law and public sentiment, conspire to destroy her influence. But when woman's moral power shall speak through the ballot-box, then shall her influence be seen and felt; then, in our legislative debates, such questions as the canal tolls on salt, the improvement of rivers and harbors, and the claims of Mr. Smith for damages against the State, would be secondary to the consideration of the legal existence of all these public resorts, which lure our youth on to excessive indulgence and destruction.

Many times and oft it has been asked us, with, unaffected seriousness, "What do you women want? What are you aiming at?" Many have manifested a laudable curiosity to know what the wives and daughters could complain of in republican America, where their sires and sons have so bravely fought for freedom and gloriously secured their independence, trampling all tyranny, bigotry, and caste in the dust, and declaring to a waiting world the divine truth that all men are created equal. What can woman want under such a government? Admit a radical difference in sex, and you demand different spheres—water for fish, and air for birds.

It is impossible to make the Southern planter believe that his slave feels and reasons just as he does—that injustice and subjection are as galling as to him—that the degradation of living by the will of another, the mere dependent on his caprice, at the mercy of his passions, is as keenly felt by him as his master. If you can force on his unwilling vision a vivid picture of the negro's wrongs, and for a moment touch his soul, his logic brings him instant consolation. He says, the slave does not feel this as I would. Here, gentlemen, is our difficulty: When we plead our cause before the law-makers and savants of the republic, they can not take in the idea that men and women are alike; and so long as the mass rest in this delusion, the public mind will not be so much startled by the revelations made of the injustice and degradation of woman's position as by the fact that she should at length wake up to a sense of it.

If you, too, are thus deluded, what avails it that we show by your statute books that your laws are unjust—that woman is the victim of avarice and power? What avails it that we point out the wrongs of woman in social life; the victim of passion and lust? You scorn the thought that she has any natural love of freedom burning in her breast, any clear perception of justice urging her on to demand her rights.

Would to God you could know the burning indignation that fills woman's soul when she turns over the pages of your statute books, and sees there how like feudal barons you freemen hold your women. Would that you could know the humiliation she feels for sex, when she thinks of all the beardless boys in your law offices, learning these ideas of one-sided justice—taking their first lessons in contempt for all womankind—being indoctrinated into the incapacities of their mothers, and the lordly, absolute rights of man over all women, children, and property, and to know that these are to be our future presidents, judges, husbands, and fathers; in sorrow we exclaim, alas! for that nation whose sons bow not in loyalty to woman. The mother is the first object of the child's veneration and love, and they who root out this holy sentiment, dream not of the blighting effect it has on the boy and the man. The impression left on law students, fresh from your statute books, is most unfavorable to woman's influence; hence you see but few lawyers chivalrous and high-toned in their sentiments toward woman. They can not escape the legal view which, by constant reading, has become familiarized to their minds: "Femme covert," "dower," "widow's claims," "protection," "incapacities," "incumbrance," is written on the brow of every woman they meet.

But if, gentlemen, you take the ground that the sexes are alike, and, therefore, you are our faithful representatives—then why all these special laws for woman? Would not one code answer for all of like needs and wants? Christ's golden rule is better than all the special legislation that the ingenuity of man can devise: "Do unto others as you would have others do unto you." This, men and brethren, is all we ask at your hands. We ask no better laws than those you have made for yourselves. We need no other protection than that which your present laws secure to you.

In conclusion, then, let us say, in behalf of the women of this State, we ask for all that you have asked for yourselves in the progress of your development, since the Mayflower cast anchor beside Plymouth rock; and simply on the ground that the rights of every human being are the same and identical. You may say that the mass of the women of this State do not make the demand; it comes from a few sour, disappointed old maids and childless women.

You are mistaken; the mass speak through us. A very large majority of the women of this State support themselves and their children, and many their husbands too. Go into any village you please, of three or four thousand inhabitants, and you will find as many as fifty men or more, whose only business is to discuss religion and politics, as they watch the trains come and go at the depot, or the passage of a canal boat through a lock; to laugh at the vagaries of some drunken brother, or the capers of a monkey dancing to the music of his master's organ. All these are supported by their mothers, wives, or sisters.

Now, do you candidly think these wives do not wish to control the wages they earn—to own the land they buy—the houses they build? to have at their disposal their own children, without being subject to the constant interference and tyranny of an idle, worthless profligate? Do you suppose that any woman is such a pattern of devotion and submission that she willingly stitches all day for the small sum of fifty cents, that she may enjoy the unspeakable privilege, in obedience to your laws, of paying for her husband's tobacco and rum? Think you the wife of the confirmed, beastly drunkard would consent to share with him her home and bed, if law and public sentiment would release her from such gross companionship? Verily, no! Think you the wife with whom endurance has ceased to be a virtue, who, through much suffering, has lost all faith in the justice of both heaven and earth, takes the law in her own hand, severs the unholy bond, and turns her back forever upon him whom she once called husband, consents to the law that in such an hour tears her child from her—all that she has left on earth to love and cherish? The drunkards' wives speak through us, and they number 50,000. Think you that the woman who has worked hard all her days in helping her husband to accumulate a large property, consents to the law that places this wholly at his disposal? Would not the mother whose only child is bound out for a term of years against her expressed wish, deprive the father of this absolute power if she could?

For all these, then, we speak. If to this long list you add the laboring women who are loudly demanding remuneration for their unending toil; those women who teach in our seminaries, academies, and public schools for a miserable pittance; the widows who are taxed without mercy; the unfortunate ones in our work-houses, poor-houses, and prisons; who are they that we do not now represent? But a small class of the fashionable butterflies, who, through the short summer days, seek the sunshine and the flowers; but the cool breezes of autumn and the hoary frosts of winter will soon chase all these away; then they, too, will need and seek protection, and through other lips demand in their turn justice and equity at your hands.

The friends of woman suffrage may be said to have fairly held a protracted meeting during the two following weeks in Albany, with hearings before both branches of the Legislature, and lectures evening after evening in Association Hall, by Mrs. Rose, Mr. Channing, Mr. Phillips, and Miss Brown, culminating in a discussion by the entire press of the city and State; for all the journals had something to say on one side or the other, Mrs. Rose, Mr. Channing, Miss Brown, and several anonymous writers taking part in the newspaper debate. As this was the first Convention held at the Capitol, it roused considerable agitation on every phase of the question, not only among the legislators on the bills before them, but among the people throughout the State.

The Albany Transcript thus sums up the Woman's Rights Convention.—The meeting last evening was attended by the largest and most brilliant audience of the series. A large number of members of the Legislature were there, and a full representation of our most influential citizens. Indeed they could not have asked for a more numerous or talented body of hearers. Mrs. Rose was the sole speaker, owing to the necessity which had called the others away. … She was listened to with the most profound attention, and encouraged by frequent and prolonged applause.

Thus has ended the first Convention of women designed to influence political action. On Monday the 6,000 petitions will be presented in the Legislature, and the address be placed on the members' tables. Whatever may be the final disposition of the matter, it is well to make a note of this first effort to influence the Legislature. It was originated by Miss Susan B. Anthony, and has been managed financially by her. Though a stranger amongst us, she has made the contracts for the room, advertised in the papers, employed the speakers, published the address, and performed much other arduous labor.

Mrs. Nichols, one of the speakers, has long been connected with the press, and is a woman of no mean ability. Her mild, beaming countenance and the affectionate tones of her voice, disprove that she is any less a woman than those who do not "speak in public on the stage." Mrs. Love is a new caterer to public favor, and promises well. Some have remarked that she is well named, being a "Love of a woman." Mrs. Jenkins is a fluent and agreeable speaker, and has a good degree of power in swaying an audience. But Mrs. Rose is the queen of the company. On the educational question in particular, she rises to a high standard of oratorical power. When speaking of Hungary and her own crushed Poland, she is full of eloquence and pathos, and she has as great a power to chain an audience as any of our best male speakers.

The Evening Journal (Thurlow Weed, editor): Woman's Rights.—Mr. Channing and Mrs. Rose pleaded the cause of woman's rights before the Senate Committee of bachelors yesterday. The only effect produced was a determination more fixed than ever in the minds of the committee, to remain bachelors in the event of the success of the movement. And who would blame them?

The same champions, with others probably, will speak to the House Committee in the Assembly Chamber this afternoon; and Mr. Channing and Mrs. Rose make addresses in Association Hall this evening. Price twenty-five cents.

The Albany Register: Women in the Senate Chamber.—The Senate was alarmed yesterday afternoon. It surrendered to progress. The Select Committee to whom the women's rights petitions had been referred, took their seats on the president's platform, looking as grave as possible. Never had Senators Robertson, Yost, and Field been in such responsible circumstances. They were calm, but evidently felt themselves in great peril.

In the circle of the Senate, ranged in invincible row, sat seven ladies, from quite pretty to quite plain.

Ernestine L. Rose and Rev. William Henry Channing presented the arguments and appeals to the Committee, and Mrs. Rose invited them to ask questions. The Register concludes:

The Honorable Senators quailed beneath the trial. There was a terrible silence, and the audience eager to hear what the other ladies had to say, were wretched when they found that the Committee had silently dissolved—surrendered. Oh, what a fall was there, my countrymen!

The Albany Argus of March 4th, says: The Rights of Women Defined by Themselves.—Miss Anthony and Mrs. Rose before the House Committee, March 3d. The Committee took their seats in the clerk's desk, and the ladies took possession of the members' seats, filling the chamber, many members of the Legislature being present. Miss Anthony presented a paper prepared by Judge William Hay, of Saratoga, asking that husband and wife should be tenants in common of property without survivorship, but with a partition on the death of one; that a wife shall be competent to discharge trusts and powers the same as a single woman; that the statute in respect to a married woman's property descend as though she had been unmarried; that married women shall be entitled to execute letters testamentary, and of administration; that married women shall have power to make contracts and transact business as though unmarried; that they shall be entitled to their own earnings, subject to their proportionable liability for support of children; that post-nuptial acquisitions shall belong equally to husband and wife; that married women shall stand on the same footing with single women, as parties or witnesses in legal proceedings; that they shall be sole guardians of their minor children; that the homestead shall be inviolable and inalienable for widows and children; that the laws in relation to divorce shall be revised, and drunkenness made cause for absolute divorce; that better care shall be taken of single women's property, that their rights may not be lost through ignorance, that the preference of males in descent of real estate shall be abolished; that women shall exercise "the right of suffrage," and be eligible to all offices, occupations, and professions; entitled to act as jurors; eligible to all public offices; that courts of conciliation shall be organized as peace-makers; that a law shall be enacted extending the masculine designation in all statutes of the State to females.

Mrs. Rose then addressed the Committee, saying: The right of petition is of no avail unless the reform demanded be candidly considered by the legislators. We judge of the intellectual inferiority of our fellow-men by the amount of resistance they oppose to oppression, and to some extent we judge correctly by this test. The same rule holds good for women; while they tamely submit to the many inequalities under which they labor, they scarcely deserve to be freed from them. … These are not the demands of the moment or the few; they are the demands of the age; of the second half of the nineteenth century. The world will endure after us, and future generations may look back to this meeting to acknowledge that a great onward step was here taken in the cause of human progress.

Mrs. Rose took her seat amidst great applause from the galleries and lobbies. The Committee adjourned.

* * * * *

Albany Register, March 7: Woman's Rights in the Legislature.—While the feminine propagandists of women's rights confined themselves to the exhibition of short petticoats and long-legged boots, and to the holding of Conventions, and speech-making in concert-rooms, the people were disposed to be amused by them, as they are by the wit of the clown in the circus, or the performances of Punch and Judy on fair days, or the minstrelsy of gentlemen with blackened faces, on banjos, the tambourine, and bones. But the joke is becoming stale. People are getting cloyed with these performances, and are looking for some healthier and more intellectual amusement. The ludicrous is wearing away, and disgust is taking the place of pleasurable sensations, arising from the novelty of this new phase of hypocrisy and infidel fanaticism. People are beginning to inquire how far public sentiment should sanction or tolerate these unsexed women, who make a scoff of religion, who repudiate the Bible and blaspheme God; who would step out from the true sphere of the mother, the wife, and the daughter, and taking upon themselves the duties and the business of men, stalk into the public gaze, and by engaging in the politics, the rough controversies, and trafficking of the world, upheave existing institutions, and overturn all the social relations of life.

It is a melancholy reflection, that among our American women who have been educated to better things, there should be found any who are willing to follow the lead of such foreign propagandists as the ringleted, glove-handed exotic, Ernestine L. Rose. We can understand how such men as the Rev. Mr. May, or the sleek-headed Dr. Channing may be deluded by her to becoming her disciples. They are not the first instances of infatuation that may overtake weak-minded men, if they are honest in their devotion to her and her doctrines. Nor would they be the first examples of a low ambition that seeks notoriety as a substitute for true fame, if they are dishonest. Such men there are always, and honest or dishonest, their true position is that of being tied to the apron-strings of some "strong-minded woman," and to be exhibited as rare specimens of human wickedness, or human weakness and folly. But, that one educated American woman should become her disciple and follow her infidel and insane teachings, is a marvel.

Ernestine L. Rose came to this country, as she says, from Poland, whence she was compelled to fly in pursuit of freedom. Seeing her course here, we can well imagine this to be true. In no other country in the world, save possibly one, would her infidel propagandism and preachings in regard to the social relations of life be tolerated. She would be prohibited by the powers of government from her efforts to obliterate from the world the religion of the Cross—to banish the Bible as a text-book of faith, and to overturn social institutions that have existed through all political and governmental revolutions from the remotest time. The strong hand of the law would be laid upon her, and she would be compelled back to her woman's sphere. But in this country, such is the freedom of our institutions, and we rejoice that it should be so, that she, and such as she, can give their genius for intrigue full sway. They can exhibit their flowing ringlets and beautiful hands, their winning smiles and charming stage attitudes to admiring audiences, who, while they are willing to be amused, are in the main safe from their corrupting theories and demoralizing propagandism.

The laws and the theory of our government suppose that the people are capable of taking care of themselves, and hence need no protection against the wiles of domestic or foreign mountebanks, whether in petticoats or in breeches and boots. But it never was contemplated that these exotic agitators would come up to our legislators and ask for the passage of laws upholding and sanctioning their wild and foolish doctrines. That was a stretch of folly, a flight of impudence which was hardly regarded as possible. It was to be imagined, of course, that they would enlist as their followers, here and there one among the restless old maids and visionary wives who chanced to be unevenly tempered, as well as unevenly yoked. It was also to be assumed, as within the range of possibility, that they might bring within the sphere of their attractions, weak-minded, restless men, who think in their vanity that they have been marked out for great things, and failed to be appreciated by the world, men who comb their hair smoothly back, and with fingers locked across their stomachs, speak in a soft voice, and with upturned eyes. But no man supposed they would abandon their "private theatricals" and walk up to the Capitol, and insist that the performances shall be held in legislative halls. And yet so it is.

This Mrs. Ernestine L. Rose, with a train of followers, like a great kite with a very long tail, has, for a week, been amusing Senatorial and Assembly Committees, with her woman's rights performances, free of charge, unless the waste of time that might be better employed in the necessary and legitimate business of legislation, may be regarded as a charge. Those committees have sat for hours, grave and solemn as owls, listening to the outpourings of fanaticism and folly of this Polish propagandist, Mrs. Ernestine L. Rose, and her followers in pantalets and short gowns. The people outside, and especially those interested in the progress of legislation, are beginning to ask one another how long this farce is to continue. How long this most egregious and ridiculous humbug is to be permitted to obstruct the progress of business before the Committees and the Houses, and whether Mrs. Ernestine L. Rose and her followers ought not to be satisfied with the notoriety they have already attained. The great body of the people regard Mrs. Rose and her followers as making themselves simply ridiculous, and there is some danger that these legislative committees will make themselves so too.

Lecture of the Rev. Antoinette L. Brown.—It will be seen the Rev. Antoinette L. Brown delivers a lecture at Association Hall to-morrow evening. It has been said that we have done the women's rights people injustice in charging upon them the infidelity of Mrs. Ernestine L. Rose. If we have done them injustice in this matter it is but right that we should make amends by calling attention to the lecture of Miss Brown, which, as we understand, will embrace the Bible argument in favor of the measures which they advocate. Miss Brown is a talented woman, and we have no doubt an exemplary Christian.

For the Albany Daily State Register.

WOMAN'S RIGHTS.

Mr. Editor:—In your paper of Monday the 6th inst., I perceive you pass judgment upon the woman's rights cause, upon those engaged in it, and particularly upon myself—how justly, I leave to your conscience to decide.

Every one who ever advanced a new idea, no matter how great and noble, has been subjected to criticism, and therefore we too must expect it. And, in accordance with the spirit of the critic, will be the criticism. Whether dictated by the spirit of justice, kindness, gentleness, and charity, or by injustice, malice, rudeness, and intolerance, it is still an index of the man. But it is quite certain that no true soul will ever be deterred from the performance of a duty by any criticism.

But there is one thing which I think even editors have no right to do, namely: to state a positive falsehood, or even to imply one, for the purpose of injuring another. And, as the spirit of charity induces me to believe that in your case it was done more from a misunderstanding than positive malice, therefore I claim at your hands the justice to give this letter a place in your paper.

In the article alluded to, you say: "Ernestine L. Rose came to this country, as she says, from Poland, whence she was compelled to fly in pursuit of freedom." It is true that I came from Poland; but it is false that I was compelled to fly from my country, except by the compulsion, or dictates of the same spirit of "propagandism," that induced so many of my noble countrymen to shed their blood in the defence of the rights of this country, and the rights of man, wherever he struggles for freedom. But I have no desire to claim martyrdom which does not belong to me. I left my country, not flying, but deliberately. I chose to make this country my home, in preference to any other, because if you carried out the theories you profess, it would indeed be the noblest country on earth. And as my countrymen so nobly aided in the physical struggle for Freedom and Independence, I felt, and still feel it equally my duty to use my humble abilities to the uttermost in my power, to aid in the great moral struggle for human rights and human freedom.

Hoping that you will acede to my (I think) just claim to give this a place in your paper,

I am, very respectfully,

Ernestine L. Rose.

New York, Mar. 7, 1854.

William Henry Channing asks the following questions in the Albany Evening Journal:

WOMAN'S RIGHTS.

A lady actively and prominently connected with, the movement which is expected to secure "justice to woman," personally requested us to publish the following communication. It is proper to state that it is written in reply to an article of one of our morning contemporaries, published a day or two ago:

"Let us take it for granted that your pop-gun of pleasantry has killed off the six thousand 'strong-minded' women and 'weak-minded' men who signed the petitions to the Legislature for Justice to Woman. And thus having disposed of personalities, will you be pleased to pass on to a discussion of the following questions:

"1. Are women, in New York, persons, people, citizens, members of the State? If they are not, then why are they numbered in the census, taxed by assessors, and subjected to legal penalties? If they are, then why is authority exercised over them without their consent asked or granted?

"2. If among the male half of the people, only criminals, aliens, and minors are excluded from the right of suffrage are all women excluded from exercising this right, on the ground of criminality, idiocy, foreign associations, or infantile imbecility?

"3. If the mothers, sisters, wives, and daughters of New York are the peers and equals of their fathers, brothers, husbands, and sons, why should they not enjoy all civil and political rights equally with them? If they are, on the contrary, an inferior caste, how can a jury of men thus avowedly superior, be regarded as peers and equals of any woman whom they are summoned to try?

"4. Would the editor of The Register consider himself justly treated if he would some day find himself governed by women, without his consent, taxed by women without power of voting for his representative, tried by a jury of women under laws made and administered by women?

"5. If prosecuted under the law of libel before a court of women for his late remarks, does he think he would get his deserts?

"Fair Play."

Knickerbocker, Albany, March 8, 1854: Going it Blind.—The editor of The State Register is going it blind on woman's rights matters. He was out on Monday with a half column leader that touched everything except the matter in dispute. We quote a paragraph:

"People are beginning to inquire how far public sentiment should sanction or tolerate these unsexed women, who make a scoff at religion, who repudiate the Bible, and blaspheme God; who would step out from the true sphere of the mother, the wife, and the daughter, and take upon themselves the duties and the business of men; stalk into the public gaze, and by engaging in the politics, the rough controversies, and trafficking of the world, upheave existing institutions, and overturn all the social relations of life."

The Register either misunderstands matters, or else willfully misrepresents them. The leading women connected with this new movement do not scoff at religion, repudiate the Bible, nor blaspheme God. Mrs. Stanton and Miss Brown are no more opposed to God and religion than the editor of The Register is. They are educated, Christian women, and would no sooner "overturn society" than they would bear false witness against their neighbors. Before The Register again attacks the reforms proposed by the Woman's Rights Conventions, it should become acquainted with them. "Going it blind," not only exposes one's prejudices, but ignorance. Many of the innovations proposed by Mrs. Stanton are such as every common-sense man would or should vote for. We mean those improvements which she would have made in the rights of property and the care of children. There are other propositions in her platform which we should dissent from. The State Register may do the same. All the "Woman's Rights" women claim is fair play and truthful criticism. They object, however, to any misstatements. They are willing to fall before truth, but not before detraction. The State Register will please notice and act accordingly.

Mrs. Stanton's address to the Legislature was laid upon the members' desks Monday morning, Feb. 20, 1854. When the order of petitions was reached, Mr. D. P. Wood, of Onondaga, presented in the Assembly a petition signed by 5,931 men and women, praying for the just and equal rights of women, which, after a spicy debate, was referred to the following Select Committee: James L. Angle, of Monroe Co.; George W. Thorn, of Washington Co.; Derrick L. Boardman, of Oneida Co.; George H. Richards, of New York; James M. Munro, of Onondaga; Wesley Gleason, of Fulton; Alexander P. Sharpe, of New York.

In the Senate, on the same day, Mr. Richards, or Warren County, presented a petition signed by 4,164 men and women, praying for the extension of the right of suffrage to women, and on his motion it was referred to the following Select Committee: George Yost, of Montgomery Co.; Ben. Field, of Orleans Co.; W. H. Robertson, of Westchester Co.

We give the report of the presentation and discussion of the petitions from The Albany Evening Journal of Feb. 20, 1854:

WOMAN'S RIGHTS.

Assembly, Monday, February 20, 1854.

Mr. D. P. Wood: I am requested by a Committee of the Woman's Rights Convention recently assembled in this city, to present to this body their address, together with a petition signed by 5,931 men and women, asking that certain withheld rights shall be granted to the women of the State. I ask the reference of these two documents to a Select Committee of seven; and in making this motion, I wish the Speaker to waive the courtesy which would require him, under ordinary circumstances, to place me at the head of this Committee. I am already on several Committees which are pressed with business, and I would not, in my present state of health, be able to give the subject that careful consideration which the importance requires. I am satisfied, sir, that these ladies are entitled to some relief. They think so, and they say so, in language equally eloquent and impressive.

Mr. Burnett: I hope the House will not act at all on this subject without due consideration. I hope before even this motion is put, gentlemen will be allowed to reflect upon the important question whether these individuals deserve any consideration at the hands of the Legislature. Whatever may be their pretensions or their sincerity, they do not appear to be satisfied with having unsexed themselves, but they desire to unsex every female in the land, and to set the whole community ablaze with unhallowed fire. I trust, sir, the House may deliberate before we suffer them to cast this firebrand into our midst. (Here was heard a "hiss" from some part of the chamber). True, as yet, there is nothing officially before us, but it is well known that the object of these unsexed women is to overthrow the most sacred of our institutions, to set at defiance the Divine law which declares man and wife to be one, and establish on its ruins what will be in fact and in principle but a species of legalized adultery. That this is their real object, however they may attempt to disguise it, is well known to every one who has looked, not perhaps at the intentions of all who take part in it, but at the practical and inevitable result of the movement.

It is, therefore, a matter of duty, a duty to ourselves, to our consciences, to our constituents, and to God, who is the source of all law and of all obligations, to reflect long and deliberatively before we shall even seem to countenance a movement so unholy as this. The Spartan mothers asked no such immunities as are asked for by these women. The Roman mothers were content to occupy their legitimate spheres; and our own mothers, who possessed more than Spartan or Roman virtue, asked for no repudiation of the duties, obligations, or sacred relations of the marital rite.

Are we, sir, to give the least countenance to claims so preposterous, disgraceful, and criminal as are embodied in this address? Are we to put the stamp of truth upon the libel here set forth, that men and women, in the matrimonial relation, are to be equal? We know that God created man as the representative of the race; that after his creation, his Creator took from his side the material for woman's creation; and that, by the institution of matrimony, woman was restored to the side of man, and became one flesh and one being, he being the head. But this law of God and creation is spurned by these women who present themselves here as the exponents of the wishes of our mothers, wives, and daughters. They ask no such exponents, and they repel their sacrilegious doctrines.

But again, sir, our old views of matrimony were, that it was a holy rite, having holy relations based on mutual love and confidence; and that while woman gave herself up to man, to his care, protection, and love, man also surrendered something in exchange for this confidence and love. He placed his happiness and his honor, all that belongs to him of human hopes and of human happiness, in the keeping of the being he received in the sacred relationship of wife. I say, sir, that this ordinance, sought to be practically overthrown by these persons, was established by God Himself; and was based on the mutual love and confidence of husband and wife. But we are now asked to have this ordinance based on jealousy and distrust; and, as in Italy, so in this country, should this mischievous scheme be carried out to its legitimate results, we, instead of reposing safe confidence against assaults upon our honor in the love and affection of our wives, shall find ourselves obliged to close the approaches to those assaults by the padlock. (The "hiss" was here repeated).

Mr. Lozier: Mr. Speaker, twice I have heard a hiss from the lobby. I protest against the toleration of such an insult to any member of this House, and call for proper action in view of it.

The Speaker: The chair observed the interruption, and was endeavoring to discover its source, but has been unable to do so. If, however, its author can be recognized, the chair will immediately order the person to the bar of the House.

Mr. Burnett: I have nothing further. The leading features of this address are well known; and I do not wish at present to further enter upon the argument of its character. I merely wish that members be afforded time for consideration. I therefore move to lay the pending motion on the table.

D. P. Wood: I am surprised that the gentleman from Essex, who professes to desire light, and to afford members time for examination, should make a motion which, if carried, will preclude light and prevent examination. The gentleman sees fit to regard the memorial of these 6,000 men and women as a firebrand. I do not believe the ladies who presented it intended it as such; and they will be surprised to learn that a gentleman of his age and experience should have taken fire from it. Their requests are simple. They ask for "justice and equal rights," and this simple request is made the excuse for an attack upon them as unheard of as it is unjust. They ask only for "justice and equal rights." If the House does not see fit to grant them what they ask, let my motion be voted down, and send the memorial to the Judiciary Committee, of which the gentleman from Essex is chairman. Let such a disposition be made of it, and there will then be no danger that any one will be fired up by it, for it will then be sure to sleep the sleep of death.

Sir, when a petition like this comes before the Legislature, it should not only be respectfully received, but courteously considered; particularly when it asks, as this petition does, a review of the entire code of our statute laws. It should not be sent to a Committee adverse to its request. That would be unparliamentary and the end of it. If sent to such a Committee it would be smothered. The House, I am sure, is not prepared for any such disposition of the matter, but is willing to look candidly at the alleged grievances, and, if consistent with public policy, redress them, although in doing so we may infringe upon time-honored notions and usages.

Mr. Peters: I am not surprised at the direction which the gentleman from Essex seeks to give this memorial. Any gentleman who would assail these ladies as he has done, would be prepared to make any disrespectful disposition of their rights. I may regret that he has sought to deny a hearing to these petitioners, but I am not surprised that he has done so. I trust that no other member on this floor will refuse, practically, to receive this petition—refuse to our mothers, wives, and sisters, what we every day grant to our fathers, brothers, and sons. These women come here with a respectful petition, and we should give them a candid and respectful hearing. If it be true, and true it is, that there are real grievances complained of, I hope they may be redressed after careful and candid consideration.

The time has gone by, sir, when we may say progress must stop. It is well known that in many particulars the laws are glaringly unjust in regard to the female sex. The education of the sex is defective; and this fact unfolds the secret germ of this movement. We should review the structure of our institutions of learning, and see whether there be not there room for reform. I do not believe it to be a part of the duty of women to sit in the jury-box, to vote, or to participate in all the tumultuous strifes of life; but I do believe that those who differ from me in opinion should have respectful hearing. Nor, because women are not allowed to vote, do I admit that they are precluded from all agency in the direction of national affairs. They, more than their husbands, have power over the future history of the country, by imparting a correct fireside education to their sons. But there are legal disabilities imposed upon women which I would be willing to see removed, in regard to property, etc. Whether those disabilities are of a character to justify affirmative action on the part of this House or not, is not now the question. The question simply is, shall this petition be received? I trust that it may be, and that it may afterward be sent to a select committee.

Mr. Benedict: The gentleman from Onondaga asks that this petition shall be sent to a select committee of seven, although he admits that the Judiciary Committee would be more appropriate, if it would not be sure, if sent to that Committee, to sleep the sleep of death. Sir, I am one of that Committee, and protest against any such imputation upon it. I will not only not vote to reject any petition offered the House, but I will give every petition sent to any committee of which I am a member a respectful hearing. This is a petition signed by some 6,000 men and women. They ask "justice" and relief. What kind of relief they may desire is no matter. It is enough for me to know that they ask to be heard. I shall vote to give them a hearing; and I can assure the gentleman from Onondaga that if sent to the Judiciary Committee it will sleep no sleep of death, but will be respectfully considered. A contrary intimation is an unjust reflection on that Committee.

Mr. Wood: My remark was not intended to reflect upon that Committee. I referred merely to the great amount of business before it.

Mr. Benedict: There the gentleman is equally at fault. That Committee is a working Committee, and disposed of all the business before it on Friday last. I am, however, in favor of the motion for a select committee, and desire that the petition should receive legitimate and careful consideration, not only because the petition is largely signed, but because every petition from any portion of the people on any subject, should receive a respectful hearing from the people's representatives. I I hope, therefore, that not a single member may vote against the reception of this petition, whatever his views may be in regard to granting its prayer. I am in favor of the right of petition.

Mr. Burnett: It was not my wish in the motion I made to have this petition rejected. Had I intended any such thing I should have said so; for I always go directly at what I want to accomplish, and never fail to call things by their right names. I merely wished, before any disposition was made of the petition, that the members should have time to examine the address, which is the key of the whole subject. This is all I desire; and it was simply an expression of this desire that has awakened all this windy gust of passion. After members shall examine the address which accompanies this petition, they can make such disposition of the petition itself as they shall deem wise and proper. This is the length and breadth of my object and desire.

Mr. Wood: I think the House understands the subject sufficiently to justify action upon my motion of reference.

The motion for the Select Committee prevailed, ayes, 84; the Committee appointed, and Mr. Wood excused from serving.

REPORT OF THE SELECT COMMITTEE.

In Assembly, Monday, March 27, 1854.

The Select Committee, to whom was referred the various petitions requesting "the Senate and Assembly of the State of New York to appoint a joint committee to revise the Statutes of New York, and to propose such amendments as will fully establish the legal equality of women with men," report: That they have examined the said petition, and have heard and considered the suggestions of persons who have appeared before them on behalf of the petitioners.

Your Committee are well aware that the matters submitted to them have been, and still are, the subject of ridicule and jest; but they are also aware that ridicule and jest never yet effectually put down either truth or error; and that the development of our times and the progression of our age is such, that many thoughts laughed at to-day as wild vagaries, are to-morrow recorded as developed principles or embodied as experimental facts.

A higher power than that from which emanates legislative enactments has given forth the mandate that man and woman shall not be equal; that there shall be inequalities by which each in their own appropriate sphere shall have precedence to the other; and each alike shall be superior or inferior as they well or ill act the part assigned them. Both alike are the subjects of Government, equally entitled to its protection; and civil power must, in its enactments, recognize this inequality. We can not obliterate it if we would, and legal inequalities must follow.

The education of woman has not been the result of statutes, but of civilization and Christianity; and her elevation, great as it has been, has only corresponded with that of man under the same influences. She owes no more to these causes than he does. The true elevation of the sexes will always correspond. But elevation, instead of destroying, show? more palpably those inherent inequalities, and makes more apparent the harmony and happiness which the Creator designed to accomplish by them.

Your Committee will not attempt to prescribe, or, rather, they will not attempt to define the province and peculiar sphere which a power that we can not overrule has prescribed for the different sexes. Every well-regulated home and household in the land affords an example illustrative of what is woman's proper sphere, as also that of man. Government has its miniature as well as its foundation in the homes of our country; and as in governments there must be some recognized head to control and direct, so must there also be a controlling and directing power in every smaller association; there must be some one to act and to be acted with as the embodiment of the persons associated. In the formation of governments, the manner in which the common interest shall be embodied and represented is a matter of conventional arrangement; but in the family an influence more potent than that of contracts and conventionalities, and which everywhere underlies humanity, has indicated that the husband shall fill the necessity which exists for a head. Dissension and distraction quickly arise when this necessity is not answered. The harmony of life, the real interest of both husband and wife, and of all dependent upon them, require it. In obedience to that requirement and necessity, the husband is the head—the representative of the family.

It was strongly urged upon your Committee that women, inasmuch as their property was liable to taxation, should be entitled to representation. The member of this House who considers himself the representative only of those whose ballots were cast for him, or even of all the voters in his district, has, in the opinion of your Committee, quite too limited an idea of his position on this floor. In their opinion he is the representative of the inhabitants of his district, whether they be voters or not, whether they be men or women, old or young; and he who does not alike watch over the interests of all, fails in his duty and is false to his trust.

Your Committee can not regard marriage as a mere contract, but as something above and beyond; something more binding than records, more solemn than specialties; and the person who reasons as to the relations of husband and wife as upon an ordinary contract, in their opinion commits a fatal error at the outset; and your Committee can not recommend any action based on such a theory.

As society progresses new wants are felt, new facts and combinations are presented which constantly call for more or less of addition to the body of our laws, and often for innovations upon customs so old that "the memory of man runneth not to the contrary thereof." The marriage relation, in common with everything else, has felt the effects of this progress, and from time to time been the subject of legislative action. And while your Committee report adversely to the prayer of the petitions referred to them, they believe that the time has come when certain alterations and amendments are, by common consent, admitted as proper and necessary.

Your Committee recommend that the assent of the mother, if she be living, be made necessary to the validity of any disposition which the father may make of her child by the way of the appointment of guardian or of apprenticeship. The consent of the wife is now necessary to a deed of real estate in order to bar her contingent interest therein; and there are certainly far more powerful reasons why her consent should be necessary to the conveyance or transfer of her own offspring to the care, teaching, and control of another.

When the husband from any cause neglects to provide for the support and education of his family, the wife should have the right to collect and receive her own earnings and the earnings of her minor children, and apply them to the support and education of the family free from the control of the husband, or any person claiming the same through him.

There are many other rules of law applicable to the relation of husband and wife which, in occasional cases, bear hard upon the one or the other, but your Committee do not deem it wise that a new arrangement of our laws of domestic relations should be attempted to obviate such cases; they always have and always will arise out of every subject of legal regulation.

There is much of wisdom (which may well be applied to this and many other subjects) in the quaint remark of an English lawyer, philosopher, and statesman, that "it were well that men in their innovations would follow the example of time, which innovateth greatly but quietly, and by degrees scarcely to be perceived. It is good also in states not to try experiments, except the necessity be urgent and the utility evident; and well to beware that it be the reformation that draweth on the change, and not the desire of change that pretendeth the reformation."

In conclusion, your Committee recommend that the prayer of the petitioners be denied; and they ask leave to introduce a bill127 corresponding with the suggestions hereinbefore contained.