The Collected Works. Elizabeth Cady Stanton
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May next a Convention will assemble to revise the Constitution of the Commonwealth.
At such a time it is the right and duty of every one to point out whatever he deems erroneous and imperfect in that instrument, and press its amendment on public attention.
We deem the extension to woman of all civil rights, a measure of vital importance to the welfare and progress of the State. On every principle of natural justice, as well as by the nature of our institutions, she is as fully entitled as man to vote, and to be eligible to office. In governments based on force, it might be pretended with some plausibility, that woman being supposed physically weaker than man, should be excluded from the State. But ours is a government professedly resting on the consent of the governed. Woman is surely as competent to give that consent as man. Our Revolution claimed that taxation and representation should be co-extensive. While the property and labor of women are subject to taxation, she is entitled to a voice in fixing the amount of taxes, and the use of them when collected, and is entitled to a voice in the laws that regulate punishments. It would be a disgrace to our schools and civil institutions, for any one to argue that a Massachusetts woman who has enjoyed the full advantage of all their culture, is not as competent to form an opinion on civil matters, as the illiterate foreigner landed but a few years before upon our shores—unable to read or write—by no means free from early prejudices, and little acquainted with our institutions. Yet such men are allowed to vote.
Woman as wife, mother, daughter, and owner of property, has important rights to be protected. The whole history of legislation so unequal between the sexes, shows that she can not safely trust these to the other sex. Neither have her rights as mother, wife, daughter, laborer, ever received full legislative protection. Besides, our institutions are not based on the idea of one class receiving protection from another; but on the well-recognized rule that each class, or sex, is entitled to such civil rights, as will enable it to protect itself. The exercise of civil rights is one of the best means of education. Interest in great questions, and the discussion of them under momentous responsibility, call forth all the faculties and nerve them to their fullest strength. The grant of these rights on the part of society, would quickly lead to the enjoyment by woman, of a share in the higher grades of professional employment. Indeed, without these, mere book study is often but a waste of time. The learning for which no use is found or anticipated, is too frequently forgotten, almost as soon as acquired. The influence of such a share, on the moral condition of society, is still more important. Crowded now into few employments, women starve each other by close competition; and too often vice borrows overwhelming power of temptation from poverty. Open to women a great variety of employments, and her wages in each will rise; the energy and enterprise of the more highly endowed, will find full scope in honest effort, and the frightful vice of our cities will be stopped at its fountain-head. We hint very briefly at these matters. A circular like this will not allow room for more. Some may think it too soon to expect any action from the Convention. Many facts lead us to think that public opinion is more advanced on this question than is generally supposed. Beside, there can be no time so proper to call public attention to a radical change in our civil polity as now, when the whole framework of our government is to be subjected to examination and discussion. It is never too early to begin the discussion of any desired change. To urge our claim on the Convention, is to bring our question before the proper tribunal, and secure at the same time the immediate attention of the general public. Massachusetts, though she has led the way in most other reforms, has in this fallen behind her rivals, consenting to learn, as to the protection of the property of married women, of many younger States. Let us redeem for her the old pre-eminence, and urge her to set a noble example in this the most important of all civil reforms. To this we ask you to join with us49 in the accompanying petition to the Constitutional Convention.
In favor of this Appeal Lucy Stone, Theodore Parker, Wendell Phillips, and Thomas Wentworth Higginson, were heard.
We find in The Una the following report of Mr. Higginson's speech before the Committee of the Constitutional Convention on the qualification of voters, June 3, 1853, the question being on the petition of Abby May Alcott, and other women of Massachusetts, that they be permitted to vote on the amendments that may be made to the Constitution.
MR. HIGGINSON'S SPEECH.
I need hardly suggest to the Committee the disadvantage under which I appear before them, in coming to glean after three of the most eloquent voices in this community, or any other [Lucy Stone, Wendell Phillips, and Theodore Parker]; in doing this, moreover, without having heard all their arguments, and in a fragment of time at the end of a two hours' sitting. I have also the minor disadvantage of gleaning after myself, having just ventured to submit a more elaborate essay on this subject, in a different form, to the notice of the Convention.
I shall therefore abstain from all debate upon the general question, and confine myself to the specific point now before this Committee. I shall waive all inquiry as to the right of women to equality in education, in occupations, or in the ordinary use of the elective franchise. The question before this Committee is not whether women shall become legal voters—but whether they shall have power to say, once for all, whether they wish to become legal voters. Whether, in one word, they desire to accept this Constitution which the Convention is framing.
It is well that the question should come up in this form, since the one efficient argument against the right of women to vote, in ordinary cases, is the plea that they do not wish to do it. "Their whole nature revolts at it." Very well; these petitioners simply desire an opportunity for Massachusetts women to say whether their nature does revolt at it or no.
The whole object of this Convention, as I heard stated by one of its firmest advocates, is simply this: to "make the Constitution of Massachusetts consistent with its own first principles." This is all these petitioners demand. Give them the premises which are conceded in our existing Bill of Rights, or even its Preamble, and they ask no more. I shall draw my few weapons from this source. I know that this document is not binding upon your Convention; nothing is binding upon you but eternal and absolute justice, and my predecessor has taken care of the claims of that. But the Bill of Rights is still the organic law of this State, and I can quote no better authority for those principles which lie at the foundation of all that we call republicanism.
I. My first citation will be from the Preamble, and will establish as Massachusetts doctrine the principle of the Declaration of Independence, that all government owes its just powers to the consent of the governed.
"The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic.... The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people covenants with each citizen and each citizen with the whole people, that all shall be governed by certain laws for the common good.... It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them," etc., etc.
Now, women are "individuals"; women are a part of "the people"; women are "citizens," for the Constitution elsewhere distinguishes male citizens. This clause, then, concedes precisely that which your petitioners claim. Observe how explicit it is. The people are not merely to have good laws, well administered; but they must have an equitable mode of making those laws. The reason of this is, that good laws are no permanent security, unless enacted by equitable methods. Your laws may be the best ever devised; yet still they are only given as a temporary favor, not held as a right, unless the whole people are concerned in their enactment. It is the old claim of despots—that their laws are good. When they told Alexander of Russia that his personal character was as good as a constitution for his people, "then," said he, "I am but a lucky accident." Your constitution may be never so benignant to woman, but that is only a lucky accident, unless you concede the claim of these women to have a share in creating it. Nothing else "is an equitable mode of making laws." But it is too late to choose female delegates to your Convention, and the only thing you can do is to allow women to vote on the acceptance of its results. The claim of these petitioners may be unexpected, but is logically irresistible. If you do not wish it to be renewed, you must remember either