Chapter 15

An Administration Protest—Dudley Field Malone Resigns

Dudley Field Malone was known to the country as sharing the intimate confidence and friendship of President Wilson. He had known and supported the President from the beginning of the President’s political career. He had campaigned twice through New Jersey with Mr. Wilson as Governor; he had managed Mr. Wilson’s campaigns in many states for the nomination before the Baltimore Convention; he had toured the country with Mr. Wilson in 1912 ; and it was he who led to victory President Wilson’s fight for California in 1916.

So when Mr. Malone went to the White House in July, 1917, to protest against the Administration’s handling of the suffrage question, he went not only as a confirmed suffragist, but also a5 a confirmed supporter and member of the Wilson Administration—the one who had been chosen to go to the West in 1916 to win women voters to the Democratic Party.

Mr. Malone has consented to tell for the first time, in this record of the militant campaign, what happened at his memorable interview with President Wilson in July, 1917, an interview which he followed up two months later with his resignation as Collector of the Port of New York. I quote the story in his own words:

Frank P. Walsh, Amos Pinchot, Frederic C. Howe, J. A. H. Hopkins, Allen McCurdy and I were present throughout the trial of the sixteen women in July. Immediately after the police court judge had pronounced his sentence of sixty days in the Occoquan workhouse upon these “first offenders,” on the alleged charge of a traffic violation, I went over to Anne Martin, one of the women’s counsel, and offered to act as attorney on the appeal of the case. I then went to the court clerk’s office and telephoned to President Wilson at the Whit House, asking him to see me at once. It was three o’clock. I called a taxicab, drove direct to the executive offices and met him.

I began by reminding the President that in the seven years and a half of our personal and political association we had never had a serious difference. He was good enough to say that my loyalty to him bad been one of the happiest circumstances of his public career. But I told him I had come to place my resignation in his hands as I could not remain a member of any administration which dared to send American women to prison for demanding national suffrage. I also informed him that I had offered to act as counsel for the suffragists on the appeal of their case. He asked me for full details of my complaint and attitude. I told Mr. Wilson everything I had witnessed from the time we saw the suffragists arrested in front of the White House to their sentence in the police court. I observed that although we might not agree with the “manners” of picketing, citizens had a right to petition the President or any other official of the government for a redress of grievances. He seemed to acquiesce in this view, and reminded me that the women had been unmolested at the White House gates for over five months, adding that he had even ordered the head usher to invite the women on cold days to come into the White House and warm themselves and have coffee.

“If the situation is as you describe it, it is shocking,” said the President’. “The manhandling of the women by the police was outrageous and the entire trial (before a judge of your own appointment) was a perversion of justice,” I said. This seemed to annoy the President and he replied with asperity, “Why do you come to me in this indignant fashion for things which have been done by the police officials of the city of Washington?”

“Mr. President,” I said, “the treatment of these women is the result of carefully laid plans made by the District Commissioners of the city of Washington, who were appointed to office by you. Newspaper men of unquestioned information and integrity have told me that the District Commissioners have been in consultation with your private secretary, Mr. Tumulty, and that the Secretary of the Treasury, Mr. McAdoo, sat in at a conference when the policy of these arrests was being determined.”

The President asserted his ignorance of all this.

“Do you mean to tell me,” he said, “that you intend to resign, to repudiate me and my Administration and sacrifice me for your views on this suffrage question?”

His attitude then angered me and I said, “Mr. President, if there is any sacrifice in this unhappy circumstance, it is I who am making the sacrifice. I was sent twice as your spokesman in the last campaign to the Woman Suffrage States of the West. You have since been good enough to say publicly and privately that I did as much as any man to carry California for you. After my first tour I had a long conference with you here at the White House on the political situation in those states. I told you that I found your strength with women voters lay in the fact that you had with great patience and statesmanship kept this country out of the European war. But that your great weakness with women voters was that you had not taken any step throughout your entire Administration to urge the passage of the Federal Suffrage Amendment, which Mr. Hughes was advocating and which alone can enfranchise all the women of the nation. You asked me then how I met this situation, and I told you that I promised the women voters of the West that if they showed the political sagacity to choose you as against Mr. Hughes, I would do everything in my power to get your Administration to take up and pass the suffrage amendment. You were pleased and approved of what I had done. I returned to California and repeated this promise, and so far as I am concerned, I must keep my part of that obligation.”

I reiterated to the President my earlier appeal that he assist suffrage as an urgent war measure and a necessary part of America’s program for world democracy, to which the President replied: “The enfranchisement of women is not at all necessary to a program of democracy and I see nothing in the argument that it is a war measure unless you mean that American women will not loyally support the war unless they are given the vote.” I firmly denied this conclusion of the President and told him that while American women with or without the vote would support the United States Government against German militarism, yet it seemed to me a great opportunity of his leadership to remove this grievance which women generally felt against him and his administration. “Mr. President,” I urged, “if you, as the leader, will persuade the administration to pass the Federal Amendment you will release from the suffrage fight the energies of thousands of women which will be given with redoubled zeal to the support of your program for international justice.” But the President absolutely refused to admit the validity of my appeal, though it was as a “war measure” that the President some months later demanded that the Senate pass the suffrage amendment.

The President was visibly moved as I added, “You are the President now, reelected to office. You ask if I am going to sacrifice you. You sacrifice nothing by my resignation. But I lose much. I quit a political career. I give up a powerful office in my own state. I, who have no money, sacrifice a lucrative salary, and go back to revive my law practice. But most of all I sever a personal association with you of the deepest affection which you know has meant much to me these past seven years. But I cannot and will not remain in office and see women thrown into jail because they demand their political freedom.”

The President earnestly urged me not to resign, saying, “What will the people of the country think when they hear that the Collector of the Port of New York has resigned because of an injustice done to a group of suffragists by the police officials of the city of Washington?”

My reply to this was, “With all respect for you, Mr. President, my explanation to the public will not be as difficult as yours, if I am compelled to remind the public that you have appointed to office and can remove all the important officials of the city of Washington.”

The President ignored this and insisted that I should not resign, saying, “I do not question your intense conviction about this matter as I know you have always been an ardent suffragist; and since you feel as you do I see no reason why you should not become their counsel and take this case up on appeal without resigning from the Administration.”

“But,” I said, “Mr. President, that arrangement would be impossible for two reasons; first, these women would not want me as their counsel if I were a member of your Administration, for it would appear to the public then as if your Administration was not responsible for the indignities to which they have been subjected, and your Administration is responsible; and, secondly, I cannot accept your suggestion because it may be necessary in the course of the appeal vigorously to criticize and condemn members of your cabinet and others close to you, and I could not adopt this policy while remaining in office under you.” The President seemed greatly upset and finally urged me as a personal service to him to go at once and perfect the case on appeal for the suffragists, but not to resign until I had thought it over for a day, and until he had had an opportunity to investigate the facts I had presented to him. I agreed to this, and we closed the interview with the President saying, “If you consider my personal request and do not resign, please do not leave Washington without coming to see me.” I left the executive offices and never saw him again.

There was just a day and a half left to perfect the exceptions for the appeal under the rules of procedure. No stenographic record of the trial had been taken, which put me under the greatest legal difficulties. I was in the midst of these preparations for appeal the next day when I learned to my surprise that the President had pardoned the women. He had not even consulted me as their attorney. Moreover, I was amazed that since the President had said he considered the treatment of the women “shocking,” he had pardoned them without stating that he did so to correct a grave injustice. I felt certain that the high-spirited women in the workhouse would refuse to accept the pardon as a mere “benevolent” act on the part of the President.

I at once went down to the workhouse in Virginia. My opinion was confirmed. The group refused to accept the President’s pardon. I advised them that as a matter of law no one could compel them to accept the pardon, but that as a matter of fact they would have to accept it, for the Attorney General would have them all put out of the institution bag and baggage. So as a solution of the difficulty and in view of the fact that the President had said to me that their treatment was “shocking” I made public the following statement:

“The President’s pardon is an acknowledgment by him of the grave injustice that has been done:” This he never denied.

Under this published interpretation of his pardon the women at Occoquan accepted the pardon and returned to Washington. The incident was closed. I returned to New York. During the next two months I carefully watched the situation. Six or eight more groups of women in that time were arrested on the same false charges, tried and imprisoned in the same illegal way. Finally a group of women was arrested in September under the identical circumstances as those in July, was tried in the same lawless fashion and given the same sentence of “sixty days in the workhouse.” The President may have been innocent of responsibility for the first arrests, but he was personally and politically responsible for all the arrests that occurred after his pardon of the first, group. Under this development it seemed to me that self-respect demanded action, so I sent my resignation to the President, publicly stated my attitude and regretfully left his Administration.”

Mr. Malone’s resignation in September, 1917, came with a sudden shock, because the entire country and surely the Administration thought him quieted and subdued by the President’s personal appeal to him in July.

Mr. Malone was shocked that the policy of arrests should be continued. Mr. Wilson and his Administration were shocked that any one should care enough about the liberty of women to resign a lucrative post in the Government. The nation was shocked into the realization that this was not a street brawl between women and policemen, but a controversy between suffragists and a powerful Administration. We had said so but it would have taken months to convince the public that the President was in any way responsible. Mr. Malone did what we could only have done with the greatest difficulty and after more prolonged sacrifices. He laid the responsibility squarely and dramatically where it belonged. It is impossible to overemphasize what a tremendous acceleration Mr. Malone’s fine, solitary and generous act gave to the speedy break-down of the Administration’s resistance. His sacrifice lightened ours.

Women ought to be willing to make sacrifices for their own liberation, but for a man to have the courage and imagination to make such a sacrifice for the liberation of women is unparalleled. Mr. Malone called to the attention of the nation the true cause of the obstruction and suppression. He reproached the President and his colleagues after mature consideration, in the most honorable and vital way,—by refusing longer to associate himself with an Administration which backed such policies.

And Mr. Malone’s resignation was not only welcomed by the militant group. The conservative suffrage leaders, although they heartily disapproved of , picketing, were as outspoken in their gratitude.

Alice Stone Blackwell, the daughter of Lucy Stone, herself a pioneer suffrage leader and editor, wrote to Mr. Malone:

“May I express my appreciation and gratitude for the excellent and manly letter that you have written to President Wilson on woman suffrage? I am sure that I am only one of many women who feel thankful to you for it.

“The picketing seems to me a very silly business, and I am sure it is doing the cause harm instead of good; but the picketers are being shamefully and illegally treated, and it is a thousand pities, for President Wilson’s own sake, that he ever allowed the Washington authorities to enter on this course of persecution. It was high time for some one to make a protest, and you have made one that has been heard far and wide . . . .”

Mrs. Carrie Chapman Catt, the President of the National American Woman Suffrage Association, wrote:

“I was in Maine when your wonderful letter announcing your resignation came out. It was the noblest act that any man ever did on behalf of our cause. The letter itself was a high minded appeal . . . . “

Mrs. Norman de R. Whitehouse, the President of the New York State Woman Suffrage Party, with which Mr. Malone had worked for years, wired:

“Although we disagree with you on the question of picketing every suffragist must be grateful to you for the gallant support you are giving our cause and the great sacrifice you are making.”

Mrs. James Lees Laidlaw, Vice Chairman of the New York Suffrage Party, said:

“No words of mine can tell you how our hearts have been lifted and our purposes strengthened in this tremendous struggle in New York State by the reading of your powerful and noble utterances in your letter to President Wilson. There flashed through my mind all the memories of Knights of chivalry and of romance that I have ever read, and they all paled before your championship, and the sacrifice and the high-spirited leadership that it signifies. Where you lead, I believe, thousands of other men will follow, even though at a distance, and most inadequately . . . .”

And from the women voters of California with whom Mr. Malone had kept faith came the message:

“The liberty-loving women of California greet you as one of the few men in history who have been willing to sacrifice material interests for the liberty of a class to which they themselves do not belong. We are thrilled by your inspiring words. We appreciate your sympathetic understanding of the viewpoint of disfranchised women. We are deeply grateful for the incalculable benefit of your active assistance in the struggle of American women for political liberty and for a real Democracy.”

I reprint Mr. Malone’s letter of resignation which sets forth in detail his position.

September 7, 1917.

The President, The White House, Washington, D. C.

Dear Mr. President:

Last autumn, as the representative of your Administration, I went into the woman suffrage states to urge your reelection. The most difficult argument to meet among the seven million voters was the failure of the Democratic party, throughout four years of power, to pass the federal suffrage amendment looking toward the enfranchisement of all the women of the country. Throughout those states, and particularly in California, which ultimately decided the election by the votes of women, the women voters were urged to support you, even though Judge Hughes had already declared for the federal suffrage amendment, because you and your party, through liberal leadership, were more likely nationally to enfranchise the rest of the women of the country than were your opponents.

And if the women of the West voted to reelect you, I promised them that I would spend all my energy, at any sacrifice to myself, to get the present Democratic Administration to pass the federal suffrage amendment.

But the present policy of the Administration, in permitting splendid American women to be sent to jail in Washington, not for carrying offensive banners, not for picketing, but on the technical charge of obstructing traffic, is a denial even of their constitutional right to petition for, and demand the passage of, the federal suffrage amendment. It, therefore, now becomes my profound obligation actively to keep my promise to the women of the West.

In more than twenty states it is a practical impossibility to amend the state constitutions; so the women of those States can only be enfranchised by the passage of the federal suffrage amendment. Since England and Russia, in the midst of the great war, have assured the national enfranchisement of their women, should we not be jealous to maintain our democratic leadership in the world by the speedy national enfranchisement of American women?

To me, Mr. President, as I urged upon you in Washington two months ago, this is not only a measure of justice and democracy, it is also an urgent war measure. The women of the nation are, and always will be, loyal to the country, and the passage of the suffrage amendment is only the first step toward their national emancipation. But unless the government takes at least this first step toward their enfranchisement, how can the government ask millions of American women, educated in our schools and colleges, and millions of American women, in our homes, or toiling for economic independence in every line of industry, to give up by conscription their men and happiness to a war for democracy in Europe, while these women citizens are denied the right to vote on the policies of the Government which demands of them such sacrifice?

For this reason many of your most ardent friends and supporters feel that the passage of the federal suffrage amendment is a war measure which could appropriately be urged by you at this session of Congress. It is true that this amendment would have to come from Congress, but the present Congress shows no earnest desire to enact this legislation for the simple reason that you, as the leader of the party in power, have not yet suggested it.

For the whole country gladly acknowledges, Mr. President, that no vital piece of legislation has come through Congress these five years except by your extraordinary and brilliant leadership. And what millions of men and women to-day hope is that you will give the federal suffrage amendment to the women of the country by the valor of your leadership now. It will hearten the mothers of the nation, eliminate a just grievance, and turn the devoted energies of brilliant women to a more hearty support of the Government in this crisis.

As you well know, in dozens of speeches in many states I have advocated your policies and the war. I was the first man of your Administration, nearly five years ago, to publicly advocate preparedness, and helped to found the first Plattsburg training camp. And if, with our troops mobilizing in France, you will give American women this measure for their political freedom, they will support with greater enthusiasm your hope and the hope of America for world freedom.

I have not approved all the methods recently adopted by women in pursuit of their political liberty; yet, Mr. President, the Committee on Suffrage of the United States Senate was formed in 1883, when I was one year old; this same federal suffrage amendment was first introduced in Congress in 1878, brave women like Susan B. Anthony were petitioning Congress for the suffrage before the Civil War, and at the time of the Civil War men like William Lloyd Garrison, Horace Greeley, and Wendell Phillips assured the suffrage leaders that if they abandoned their fight for suffrage, when the war was ended the men of the nation “out of gratitude” would enfranchise the women of the- country.

And if the men of this country had been peacefully demanding for over half a century the political right or privilege to vote, and had been continuously ignored or met with evasion by successive Congresses, as have the women, you, Mr. President, as a lover of liberty, would be the first to comprehend and forgive their inevitable impatience and righteous indignation. Will not this Administration, reelected to power by the hope and faith of the women of the West, handsomely reward that faith by taking action now for the passage of the federal suffrage amendment?

In the Port of New York, during the last four years, billions of dollars in the export and import trade of the country have been handled by the men of the customs service; their treatment of the traveling public has radically changed, their vigilance supplied the evidence of the Lusitania note; the neutrality was rigidly maintained; the great German fleet guarded, captured, and repaired—substantial economies and reforms have been concluded and my ardent industry has been given to this great office of your appointment.

But now I wish to leave these finished tasks, to return to my profession of the law, and to give all my leisure time to fight as hard for the political freedom of women as I have always fought for your liberal leadership.

It seems a long seven years, Mr. President, since I first campaigned with you when you were running for Governor of New Jersey. In every circumstance throughout those years I have served you with the most respectful affection and unshadowed devotion. It is no small sacrifice now for me, as a member of your Administration, to sever our political relationship. But I think it is high time that men in this generation, at some cost to themselves, stood up to battle for the national enfranchisement of American women. So in order effectively to keep my promise made in the West and more freely to go into this larger field of democratic effort, I hereby resign my office as Collector of the Port of New York, to take effect at once, or at your earliest convenience.

Yours respectfully, (Signed) DUDLEY FIELD MALONE.

The President’s answer has never before been published:

U. S. S. MAYFLOWER, 12 September, 1917.

THE WHITE HOUSE WASHINGTON

My dear Mr. Collector:

Your letter of September 7th reached me just before I left home and I have, I am sorry to say, been unable to reply to it sooner.

I must frankly say that I cannot regard your reasons for resigning your position as Collector of Customs as convincing, but it is so evidently your wish to be relieved from the duties of the office that I do not feel at liberty to withhold my acceptance of your resignation. Indeed, I judge from your letter that any discussion of the reasons would not be acceptable to you and that it is your desire to be free of the restraints of public office. I, therefore, accept your resignation, to take effect as you have wished.

I need not say that our long association in public affairs makes me regret the action you have taken most sincerely.

Very truly yours, (Signed) WOODROW WILSON.

Hon. Dudley Field Malone, Collector of Customs, New York City.

To this Mr. Malone replied:

New York, N.Y., September 15th, 1917.

The President, The White House, Washington, D. C.

Dear Mr. President:

Thank you sincerely for your courtesy, for I knew you were on a well-earned holiday and I did not expect an earlier reply to my letter of September 7th, 1917.

After a most careful re-reading of my letter, I am unable to understand how you could judge that any discussion by you of my reasons for resigning would not be acceptable to me since my letter was an appeal to you on specific grounds for action now by the Administration on the Federal Suffrage amendment.

However, I am profoundly grateful to you for your prompt acceptance of my resignation.

Yours respectfully, (Signed) DUDLEY FIELD MALONE.

It may have been accidental but it is interesting to note that the first public statement of Mr. Byron Newton, appointed by the Administration to succeed Mr. Malone as Collector of the Port of New York, was a bitter denunciation of all woman suffrage whether by state or national action.