Chapter 19

The truth is that in this age _cedant arma togae:_ it is the civilian who rules on the throne or behind it, and who makes the fighting-men his mere agents. Yonder policeman at the corner looks big and formidable: he protects the women and overawes the boys. But away in some corner of the City Hill there is some quiet man, out of uniform, perhaps a consumptive or a dyspeptic or a cripple, who can overawe the burliest policeman by his authority as city marshal or as mayor. So an army is but a larger police; and its official head is that plain man at the White House, who makes or unmakes, not merely brevet-brigadiers, but major-generals in command,--who can by the stroke of the pen convert the most powerful man of the army into the most powerless. Take away the occupant of the position, and put in a woman, and will she become impotent because her name is Elizabeth or Maria Theresa? It is brains that more and more govern the world; and whether those brains be on the throne, or at the ballot-box, they will soon make the owner's sex a subordinate affair. If woman is also strong in the affections, so much the better. "Win the hearts of your subjects," said Lord Burleigh to Queen Elizabeth, "and you will have their hands and purses."

War is the last appeal, and happily in these days the rarest appeal, of statesmanship. In the multifarious other duties that make up statesmanship we cannot spare the brains, the self-devotion, and the enthusiasm of woman. One of the most important treaties of modern history, the peace of Cambray, in 1529, was negotiated, after previous attempts had failed, by two women,--Margaret, aunt of Charles V., and Louisa, mother of Francis I. Voltaire said that Christina of Sweden was the only sovereign of her time who maintained the dignity of the throne against Mazarin and Richelieu. Frederick the Great said that the Seven Years' War was waged against three women,--Elizabeth of Russia, Maria Theresa, and Mme. Pompadour. There is nothing impotent in the statesmanship of women when they are admitted to exercise it: they are only powerless for good when they are obliged to obtain by wheedling and flattery a sway that should be recognized, responsible, and limited.

MANNERS REPEAL LAWS

There is in Boswell's "Life of Johnson" a correspondence which is well worth reading by both advocates and opponents of woman suffrage. Boswell, who was of an old Scotch family, had a difference of opinion with his father about an entailed estate which had descended to them. Boswell wished the title so adjusted as to cut off all possibility of female heirship. His father, on the other hand, wished to recognize such a contingency. Boswell wrote to Johnson in 1776 for advice, urging a series of objections, physiological and moral, to the inheritance of a family estate by a woman; though, as he magnanimously admits, "they should be treated with great affection and tenderness, and always participate of the prosperity of the family."

Dr. Johnson, for a wonder, took the other side, defended female heirship, and finally summed up thus: "It cannot but occur that women have natural and equitable claims as well as men, and these claims are not to be capriciously or lightly superseded or infringed. When fiefs inspired military service, it is easily discerned why females could not inherit them; but the reason is at an end. _As manners make laws, so manners likewise repeal them_."

This admirable statement should be carefully pondered by those who hold that suffrage should be only coextensive with military duty. The position that woman cannot properly vote because she cannot fight for her vote efficiently is precisely like the position of feudalism and of Boswell, that she could not properly hold real estate because she could not fight for it. Each position may have had some plausibility in its day, but the same current of events has made each obsolete. Those who in these days believe in giving woman the ballot argue precisely as Dr. Johnson did in 1776. Times have changed, manners have softened, education has advanced, public opinion now acts more forcibly; and the reference to physical force, though still implied, is implied more and more remotely. The political event of the age, the overthrow of American slavery, would not have been accomplished without the "secular arm" of Grant and Sherman, let us agree: but neither would it have been accomplished without the moral power of Garrison the non-resistant, and Harriet Beecher Stowe the woman. When the work is done, it is unfair to disfranchise any of the participants. Dr. Johnson was right: "When fiefs [or votes] implied military service, it is easily discerned why women should not inherit [or possess] them; but the reason is at an end. As manners make laws, so manners likewise repeal them."

Under the feudal system it would have been absurd that women should hold real estate, for the next armed warrior could dispossess her. By Gail Hamilton's reasoning, it is equally absurd now: "One man is stronger than one woman, and ten men are stronger than ten women; and the nineteen millions of men in this country will subdue, capture, and execute or expel the nineteen millions of women just as soon as they set about it." Very well: why, then, do not all the landless men in a town unite, and take away the landed property of all the women? Simply because we now live in civilized society and under a reign of law; because those men's respect for law is greater than their appetite for property; or, if you prefer, because even those landless men know that their own interest lies, in the long-run, on the side of law. It will be precisely the same with voting. When any community is civilized up to the point of enfranchising women, it will be civilized up to the point of sustaining their vote, as it now sustains their property rights, by the whole material force of the community. When the thing is once established, it will no more occur to anybody that a woman's vote is powerless because she cannot fight, than it now occurs to anybody that her title to real estate is invalidated by the same circumstance.

Woman is in the world; she cannot be got rid of: she must be a serf or an equal; there is no middle ground. We have outgrown the theory of serfdom in a thousand ways, and may as well abandon the whole. Women have now a place in society: their influence will be exerted, at any rate, in war and in peace, legally or illegally; and it had better be exerted in direct, legitimate, and responsible methods, than in ways that are dark, and by tricks that have not even the merit of being plain.

DANGEROUS VOTERS

One of the few plausible objections brought against women's voting is this: that it would demoralize the suffrage by letting in very dangerous voters; that virtuous women would not vote, and vicious women would. It is a very unfounded alarm.

For, in the first place, our institutions rest--if they have any basis at all--on this principle, that good is stronger than evil, that the majority of men really wish to vote rightly, and that only time and patience are needed to get the worst abuses righted. How any one can doubt this, who watches the course of our politics, I do not see. In spite of the great disadvantage of having masses of ignorant foreign voters to deal with,--and of native black voters, who have been purposely kept in ignorance,--we certainly see wrongs gradually righted, and the truth by degrees prevail. Even the one great, exceptional case of New York city has been reached at last; and the very extent of the evil has brought its own cure. Now, why should this triumph of good over evil be practicable among men, and not apply to women also?

It must be either because women, as a class, are worse than men,--which will hardly be asserted,--or because, for some special reason, bad women have an advantage over good women such as has no parallel in the other sex. But I do not see how this can be. Let us consider.

It is certain that good women are not less faithful and conscientious than good men. It is generally admitted that those most opposed to suffrage will very soon, on being fully enfranchised, feel it their duty to vote. They may at first misuse the right through ignorance, but they certainly will not shirk it. It is this conscientious habit on which I rely without fear. Never yet, when public duty required, have American women failed to meet the emergency; and I am not afraid of it now. Moreover, when they are once enfranchised and their votes are needed, all the men who now oppose or ridicule the demand for suffrage will begin to help them to exercise it. When the wives are once enfranchised, you may be sure that the husbands will not neglect those of their own household: they will provide them with ballots, vehicles, and policemen, and will contrive to make the voting-places pleasanter than many parlors, and quieter than some churches.

On the other hand, it seems altogether probable that the very worst women, so far from being ostentatious in their wickedness upon election day, will, on the contrary, so disguise and conceal themselves as to deceive the very elect, and, if it were possible, the very policemen. For whatever party they may vote, they will contribute to make the voting-places as orderly as railway stations. These covert ways are the very habit of their lives, at least by daylight; and the women who have of late done the most conspicuous and open mischief in our community have done it, not in their true character as evil, but, on the contrary, under a mask of elevated purpose.

That women, when they vote, will commit their full share of errors I have always maintained. But that they will collectively misuse their power seems to me out of the question; and that the good women are going to stay at home, and let bad women do the voting, appears quite as incredible. In fact, if they do thus, it is a fair question whether the epithets "good" and "bad" ought not, politically speaking, to change places. For it naturally occurs to every one, on election day, that the man who votes, even if he votes wrong, is really a better man, so far as political duties go, than the very loftiest saint who stays at home and prays that other people may vote right And it is hard to see why it should be otherwise with women.

HOW WOMEN WILL LEGISLATE

It is often said that when women vote their votes will make no difference in the count, became they will merely duplicate the votes of their husbands and brothers. Then these same objectors go on and predict all sorts of evil things for which women will vote quite apart from their husbands and brothers. Moreover, the evils thus predicted are apt to be diametrically opposite. Thus Goldwin Smith predicts that women will be governed by priests, and then goes on to predict that women will vote to abolish marriage; not seeing that these two predictions destroy each other.

On the other hand, I think that the advocates of woman suffrage often err by claiming too much,--as that all women will vote for peace, for total abstinence, against slavery, and the rest. It seems better to rest the argument on general principles, and not to seek to prophesy too closely. The only thing which I feel safe in predicting is that woman suffrage will be used, as it should be, for the protection of woman. Self-respect and self-protection,--these are, as has been already said, the two great things for which woman needs the ballot.

It is not in the nature of things, I take it, that a class politically subject can obtain justice from the governing class. Not the least of the benefits gained by political equality for the colored people of the South is that the laws now generally make no difference of color in penalties for crime. In slavery times there were dozens of crimes which were punished more severely by the statute if committed by a slave or a free negro than if done by a white. I feel very sure that under the reign of impartial suffrage we should see fewer such announcements as this, which I cut from a late New York "Evening Express:"--

"Last night Capt. Lowery, of the Twenty-seventh Precinct, made a descent upon the dance-house in the basement of 96 Greenwich Street, and arrested fifty-two men and eight women. The entire batch was brought before Justice Flammer, at the Tombs Police Court, this morning. Louise Maud, the proprietoress, was held in five hundred dollars bail to answer at the Court of General Sessions. _The fifty-two men were fined three dollars each, all but twelve paying at once; and the eight women were fined ten dollars each, and sent to the Island for one month._"

The italics are my own. When we reflect that this dance-house, whatever it was, was unquestionably sustained for the gratification of men, rather than of women; when we consider that every one of these fifty-two men came there, in all probability, by his own free will, and to spend money, not to earn it; and that probably a majority of the women were driven there by necessity or betrayal, or force or despair,--it would seem that even an equal punishment would have been cruel injustice to the women. But when we observe how trifling a penalty was three dollars each to these men, whose money was likely to go for riotous living in some form, and forty of whom had the amount of the fine in their pockets; and how hopelessly large an amount was ten dollars each to women who did not, probably, own even the clothes they wore, and who were to be sent to prison for a month in addition,--we see a kind of injustice which would stand a fair chance of being righted, I suspect, if women came into power. Not that they would punish their own sex less severely; probably they would not: but they would put men more on a level as to the penalty.

It may be said that no such justice is to be expected from women; because women in what is called "society" condemn women for mere imprudence, and excuse men for guilt. But it must be remembered that in "society" guilt is rarely a matter of open proof and conviction, in case of men: it is usually a matter of surmise; and it is easy for either love or ambition to set the surmise aside, and to assume that the worst reprobate is "only a little wild." In fact, as Margaret Fuller pointed out years ago, how little conception has a virtuous woman as to what a dissipated young man really is! But let that same woman be a Portia, in the judgment-seat, or even a legislator or a voter, and let her have the unmistakable and actual offender before her, and I do not believe that she will excuse him for a paltry fine, and give the less guilty woman a penalty more than quadruple.

Women will also be sure to bring special sympathy and intelligent attention to the wrongs of children. Who can read without shame and indignation this report from "The New York Herald"?

THE CHILD-SELLING CASE.

Peter Hallock, committed on a charge of abducting Lena Dinser, a young girl thirteen years old, whom, it was alleged, her father, George Dinser, had sold to Hallock for purposes of prostitution, was again brought yesterday before Judge Westbrook in the Supreme Court Chambers, on the writ of habeas corpus previously obtained by Mr. William F. Howe, the prisoner's counsel. Mr. Howe claimed that Hallock could not be held on either section of the statute for abduction. Under the first section the complaint, he insisted, should set forth that the child was taken contrary to the wish and against the consent of her parents. On the contrary, the evidence, he urged, showed that the father was a willing party. Under the second section, it was contended that the prisoner could not be held, as there was no averment that the girl was of previous chaste character. Judge Westbrook, a brief counter argument having been made by Mr. Dana, held that the points of Mr. Howe were well taken, and ordered the prisoner's discharge.

Here was a father who, as the newspapers allege, had previously sold two other daughters, body and soul, and against whom the evidence seemed to be in this case clear. Yet through the defectiveness of the statute, or the remissness of the prosecuting attorney, he goes free, without even a trial, to carry on his infamous traffic for other children. Grant that the points were technically well taken and irresistible,--though this is by no means certain,--it is very sure that there should be laws that should reach such atrocities with punishment, whether the father does or does not consent to his child's ruin; and that public sentiment should compel prosecuting officers to be as careful in framing their indictments where human souls are at stake as where the question is of dollars only. It is upon such matters that the influence of women will make itself felt in legislation.

INDIVIDUALS _vs._ CLASSES

As the older arguments against woman suffrage are abandoned, we hear more and more of the final objection, that the majority of women have not yet expressed themselves on the subject. It is common for such reasoners to make the remark, that if they knew a given number of women--say fifty, or a hundred, or five hundred--who honestly wished to vote, they would favor it. Produce that number of unimpeachable names, and they say that they have reconsidered the matter, and must demand more,--perhaps ten thousand. Bring ten thousand, and the demand again rises. "Prove that the majority of women wish to vote, and they shall vote." "Precisely," we say: "give us a chance to prove it by taking a vote;" and they answer, "By no means."

And, in a certain sense, they are right. It ought not to be settled that way,--by dealing with woman as a class, and taking the vote. The agitators do not merely claim the right of suffrage for her as a class: they claim it for each individual woman, without reference to any other. If there is only one woman in the nation who claims the right to vote, she ought to have it. In Oriental countries all legislation is for classes, and in England it is still mainly so. A man is expected to remain in the station in which he is born; or, if he leaves it, it is by a distinct process, and he comes under the influence, in various ways, of different laws. If the iniquities of the "Contagious Diseases" act in England, for instance, had not been confined in their legal application to the lower social grades, the act would never have passed. It was easy for men of the higher classes to legislate away the modesty of women of the lower classes; but if the daughter of an earl could have been arrested, and submitted to a surgical examination at the will of any policeman, as the daughter of a mechanic might be, the law would not have stood a day. So, through all our slave States, there was class legislation for every person of negro blood: the laws of crime, of punishment, of testimony, were all adapted to classes, not individuals. Emancipation swept this all away, in most cases: classes ceased to exist before the law, so far as men at least were concerned; there were only individuals. The more progress, the less class in legislation. We claim the application of this principle as rapidly as possible to women.

Our community does not refuse permission for women to go unveiled till it is proved that the majority of women desire it; it does not even ask that question: if one woman wishes to show her face, it is allowed. If a woman wishes to travel alone, to walk the streets alone, the police protects her in that liberty. She is not thrust back into her house with the reproof, "My dear madam, at this particular moment the overwhelming majority of women are indoors: prove that they all wish to come out, and you shall come." On the contrary, she comes forth at her own sweet will: the policeman helps her tenderly across the street, and waves back with imperial gesture the obtrusive coal-cart. Some of us claim for each individual woman, in the same way, not merely the right to go shopping, but to go voting; not merely to show her face, but to show her hand.

There will always be many women, as there are many men, who are indifferent to voting. For a time, perhaps always, there will be a larger percentage of this indifference among women. But the natural right to a share in the government under which one lives, and to a voice in making the laws under which one may be hanged,--this belongs to each woman as an individual; and she is quite right to claim it as she needs it, even though the majority of her sex still prefer to take their chance of the penalty, without perplexing themselves about the law. The demand of every enlightened woman who asks for the ballot--like the demand of every enlightened slave for freedom--is an individual demand; and the question whether they represent the majority of their class has nothing to do with it. For a republic like ours does not profess to deal with classes, but with individuals; since "the whole people covenants with each citizen, and each citizen with the whole people, for the common good," as the constitution of Massachusetts says.

And, fortunately, there is such power in an individual demand that it appeals to thousands whom no abstract right touches. Five minutes with Frederick Douglass settled the question, for any thoughtful person, of that man's right to freedom. Let any woman of position desire to enter what is called "the lecture-field," to support herself and her children, and at once all abstract objections to women's speaking in public disappear: her friends may be never so hostile to "the cause," but they espouse her individual cause; the most conservative clergyman subscribes for tickets, but begs that his name may not be mentioned. They do not admit that women, as a class, should speak,--not they; but for this individual woman they throng the hall. Mrs. Dahlgren abhors politics: a woman in Congress, a woman in the committee-room,--what can be more objectionable? But I observe that when Mrs. Dahlgren wishes to obtain more profit by her husband's inventions all objections vanish: she can appeal to Congressmen, she can address committees, she can, I hope, prevail. The individual ranks first in our sympathy: we do not wait to take the census of the "class." Make way for the individual, whether it be Mrs. Dahlgren pleading for the rights of property, or Lucy Stone pleading for the rights of the mother to her child.

DEFEATS BEFORE VICTORIES

After one of the early defeats in the War of the Rebellion, the commander of a Massachusetts regiment wrote home to his father: "I wish people would not write us so many letters of condolence. Our defeat seemed to trouble them much more than it troubles us. Did people suppose there were to be no ups and downs? We expect to lose plenty of battles, but we have enlisted for the war."

It is just so with every successful reform. While enemies and half-friends are proclaiming its defeats, those who advocate it are rejoicing that they have at last got an army into the field to be defeated. Unless this war is to be an exception to all others, even the fact of having joined battle is a great deal. It is the first step. Defeat first; a good many defeats, if you please: victory by and by.

William Wilberforce, writing to a friend in the year 1817, said, "I continue faithful to the measure of Parliamentary reform brought forward by Mr. Pitt. I am firmly persuaded that at present a prodigious majority of the people of this country are adverse to the measure. In my view, so far from being an objection to the discussion, this is rather a recommendation." In 1832 the reform bill was passed.