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To the New-York Legislature, 1860

February 18, 1860 — New York State Legislature, Albany NY, 1860


GENTLEMEN OF THE JUDICIARY: — There are certain natural rights as inalienable to civilization as are the rights of air and motion to the savage in the wilderness. The natural rights of the civilized man and woman are government, property, the harmonious development of all their powers, and the gratification of their desires. There are a few people we now and then meet who, like Jeremy Bentham, scout the idea of natural rights in civilization, and pronounce them mere metaphors, declaring that there are no rights aside from those the law confers. If the law made man too, that might do, for then he could be made to order to fit the particular niche he was designed to fill. But inasmuch as God made man in His own image, with capacities and powers as boundless as the universe, whose exigencies no mere human law can meet, it is evident that the man must ever stand first; the law but the creature of his wants; the law giver but the mouthpiece of humanity. If, then, the nature of a being decides its rights, every individual comes into this world with rights that are not transferable. He does not bring them like a pack on his back, that may be stolen from him ,but they are a component part of himself, the laws which insure his growth and development. The individual may be put in the stocks, body and soul, he may be dwarfed, crippled, killed, but his rights no man can get; they live and die with him.

Though the atmosphere is forty miles deep all round the globe, no man can do more than fill his own lungs. No man can see, hear, or smell but just so far; and though hundreds are deprived of these senses, his are not the more acute. Though rights have been abundantly supplied by the good Father, no man can appropriate to himself those that belong to another. A citizen can have but one vote, fill but one office, though thousands are not permitted to do either. These axioms prove that woman’s poverty does not add to man’s wealth, and if, in the plenitude of his power, he should secure to her the exercise of all her God-given rights, her wealth could not bring poverty to him. There is a kind of nervous unrest always manifested by those in power, whenever new claims are started by those out of their own immediate class. The philosophy of this is very plain. They imagine that if the rights of this new class be granted, they must, of necessity, sacrifice something of what they already possess. They cannot divest themselves of the idea that rights are very much like lands, stocks, bonds, and mortgages, and that if every new claimant be satisfied, the supply of human rights must in time run low. You might as well carp at the birth of every child, lest there should not be enough air left to inflate your lungs; at the success of every scholar, for fear that your draughts at the fountain of knowledge could not be so long and deep; at the glory of every hero, lest there be no glory left for you . . .

If the object of government is to protect the weak against the strong, how unwise to place the power wholly in the hands of the strong. Yet that is the history of all governments, even the model republic of these United States.) You who have read the history of nations, from Moses down to our last election, where have you ever seen one class looking after the interests of another? (Any of you can readily see the defects in other governments, and pronounce sentence against those who have sacrificed the masses to themselves; but when we come to our own case, we are blinded by custom and self-interest. Some of you who have no capital can see the injustice which the laborer suffers; some of you who have no slaves, can see the cruelty of his oppression; but who of you appreciate the galling humiliation, the refinements of degradation, to which women (the mothers, wives, sisters, and daughters of freemen) are subject, In this the last half of the nineteenth century? How many of you have ever read even the laws concerning them that now disgrace your statute-books? In cruelty and tyranny, they are not surpassed by any slaveholding code in the Southern States; in fact they are worse, by just so far as woman, from her social position, refinement, and education, is on a more equal ground with the oppressor.

Allow me just here to call the attention of that party now so much interested in the slave of the Carolinas ,to the similarity in his condition and that of the mothers, wives, and daughters of the Empire State. The negro has no name. He is Cuffy Douglas or Cuffy Brooks, just whose Cuffy he may chance to be. The woman has no name. She is Mrs. Richard Roe or Mrs. John Doe, just whose Mrs. she may chance to be. Cuffy has no right to his earnings; he cannot buy or sell, or layup anything that he can call his own. Mrs. Roe has no right to her earnings; she can neither buy nor sell, make contracts, nor layup anything that she can call her own. Cuffy has no right to his children; they can be sold from him at anytime. Mrs. Roe has no right to her children; they may be bound out to cancel a father’s debts of honor. The unborn child, even by the last will of the father, may be placed under the guardianship of a stranger and a foreigner. Cuffy has no legal existence; he is subject to restraint and moderate chastisement. Mrs. Roe has no legal existence; she has not the best right to her own person. The husband has the power to restrain, and administer moderate chastisement.

Blackstone declares that the husband and wife are one, and learned commentators have decided that that one is the husband. In all civil  Codes, you will find them classified as one. Certain rights and immunities, such and such privileges are to be secured to white male citizens. What have women and negroes to do with rights? What know they of government, war, or glory?

The prejudice against color, of which we hear so much ,is no stronger than that against sex. It is produced by the same cause, and manifested very much in the same way. The negro’s skin and the woman’s sex are both prima facie evidence that they were intended to be in subjection to the white Saxon man. The few social privileges which the man gives the woman, he makes up to the negro in civil rights. The woman may sit  at the same table and eat with the white man; the free negro may hold property and vote. The woman may sit in the same pew with the white man in church; the free negro may enter the pulpit and preach. Now, with the black man’s right to suffrage, the right unquestioned, even by Paul, to minister at the altar, it is evident that the prejudice against sex is more deeply rooted and more unreasonably maintained than that against color. As citizens of a republic, which should we most highly prize, social privileges or civil rights? The latter, most certainly.

To those who do not feel the injustice and degradation of the condition, there is something inexpressibly comical in man’s “citizen woman.” It reminds me of those monsters I used to see in the old world head and shoulders woman, and the rest of the body sometimes fish and sometimes beast. I used to think, What a strange conceit! but now I see how perfectly it represents man’s idea! Look over all his laws concerning us, and you will see just enough of woman to tell of  her existence; all the rest is submerged, or made to crawl upon the earth. Just imagine an inhabitant of another planet entertaining himself some pleasant evening in searching over our great national compact, our Declaration of Independence, our Constitutions, or some of our statute-books; what would he think of those women and negroes that must be so fenced in, so guarded against? Why, he would certainly suppose we were monsters, like those fabulous giants or Brobdignagians of olden times, so dangerous to civilized man, from our size, ferocity, and power. Then let him take up our poets, from Pope down to Dana; let him listen to our Fourth of July toasts, and some of the sentimental adulations of social life, and no logic could convince him that this creature of the law, and this angel of the family altar, could be one and the same being. Man is in such a labyrinth of contradictions with his marital and property rights; he is so befogged on the whole question of maidens, wives, and mothers, that from pure benevolence we should relieve him from this trouble some branch of legislation. We should vote, and make laws for ourselves. Do not be alarmed, dear ladies! You need spend no time reading Grotius, Coke, Puffendorf, Blackstone, Bentham, Kent, and Story to find out what you need. We may safely trust the shrewd selfishness of the white man, and consent to live under the same broad code where he has so comfortably ensconced himself. Any legislation that will do for man, we may abide by most cheer fully. . .

But, say you, we would not have woman exposed to the grossness and vulgarity of public life, or encounter what she must at the polls. When you talk, gentlemen, of sheltering woman from the rough winds and revolting scenes of real life, you must be either talking for effect, or wholly ignorant of what the facts of life are. The man, whatever he is, is known to the woman. She is the companion, not only of the accomplished statesman, the orator, and the scholar; but the vile, vulgar, brutal man has his mother, his wife, his sister, his daughter. Yes, delicate, refined, educated women are in daily life with the drunkard, the gambler, the licentious man, the rogue, and the villain; and if man shows out what he is anywhere, it is at his own hearthstone. There are over forty thousand drunkards in this State. All these are bound by the ties of family to some woman. Allow but a mother and a wife to each, and you have over eighty thousand women. All these have seen their fathers, brothers, husbands, sons, in the lowest and most debased stages of obscenity and degradation. In your own circle of friends, do you not know refined women, whose whole lives are darkened and saddened by gross and brutal associations? Now, gentlemen, do you talk to woman of a rude jest or jostle at the polls, where noble, virtuous men stand ready to protect her person and her rights, when, alone in the darkness and solitude and gloom of night, she has trembled on her own threshold, awaiting the return of a husband from his midnight revels? — when, stepping from her chamber, she has beheld her royal monarch, her lord and master — her legal representative — the protector of her property, her home, her children, and her person, down on his hands and knees slowly crawling up the stairs? Behold him in her chamber — in her bed! The fairy tale of “Beauty and the Beast” is far too often realized in life. Gentlemen, such scenes as woman has witnessed at her own fireside, where no eye save Omnipotence could pity, no strong arm could help, can never be realized at the polls, never equaled elsewhere, this side the bottomless pit. No, woman has not hitherto lived in the clouds, surrounded by an atmosphere of purity and peace — but she has been the companion of man in health, in sickness, and in death, in his highest and in his lowest moments. She has worshiped him as a saint and an orator, and pitied him as madman or a fool. In Paradise, man and woman were placed together, and so they must ever be. They must sink or rise together. If man is low and wretched and vile, woman can not escape the contagion, and any atmosphere that is unfit for woman to breathe is not fit for man. Verily, the sins of the fathers shall be visited upon the children to the third and fourth generation. You, by your unwise legislation, have crippled and dwarfed womanhood, by closing to her all honorable and lucrative means of employment, have driven her into the garrets and dens of our cities, where she now revenges herself on your innocent sons, sapping the very foundations of national virtue and strength. Alas! for the young men just coming on the stage of action, who soon shall fill your vacant places — our future Senators, our Presidents, the expounders of our constitutional law! Terrible are the penalties we are now suffering for the ages of injustice done to woman.

Again, it is said that the majority of women do not ask for any change in the laws; that it is time enough to give them the elective franchise when they, as a class, demand it.

Wise statesmen legislate for the best interests of the nation; the State, for the highest good of its citizens; the Christian, for the conversion of the world. Where would have been our railroads, our telegraphs, our ocean steamers, our canals and harbors, our arts and sciences, if government had withheld the means from the far-seeing minority? This State established our present system of common schools, fully believing that educated men and women would make better citizens than ignorant ones. In making this provision for the education of its children, had they waited for a majority of the urchins of this State to petition for schools, how many, think you, would have asked to be transplanted from the street to the school-house? Does the State wait for the criminal to ask for his prison-house? The insane, the idiot, the deaf and dumb for his asylum? Does the Christian, in his love to all mankind, wait for the majority of the benighted heathen to ask him for the gospel? No; unasked and unwelcomed, he, crosses the trackless ocean, rolls off the mountain of superstition that oppresses the human mind, proclaims the immortality of the soul, the dignity of manhood, the right of all to be free and happy. . .

No, gentlemen, if there is but one woman in this State who feels the injustice of her position, she should not be denied her inalienable rights, because the common household drudge and the silly butterfly of fashion are ignorant of all laws, both human and Divine. Because they know nothing of governments, or rights, and therefore ask nothing, shall my petitions be unheard? I stand before you the rightful representative of woman, claiming a share in the halo of glory that bas gathered round her in the ages, and by the wisdom of her past words and works, her peerless heroism and self sacrifice, I challenge your admiration; and, moreover, claiming, as do, a share in all her outrages and sufferings, in the cruel injustice, contempt, and ridicule now heaped upon her, in her deep degradation, hopeless  wretchedness, by all that is helpless in her present condition, that is false in law and public sentiment, I urge your generous consideration; for as m y heart swells with pride to behold woman in the highest walks of literature and art, it grows big enough to take in those who are bleeding in the dust.

Now do not think, gentlemen, we wish you to do a great many troublesome things for us. We do not ask our legislators to spend a whole session in fixing up a code of laws to satisfy a class of most unreasonable women. (We ask no more than the poor devils in the Scripture asked, “Let us alone.” In mercy, let us take care of ourselves, our property, our children, and our homes. True, we are not so strong, so wise, so crafty as you are, but if any kind friend leaves us a little money, or we can by great industry earn fifty cents a day, we would rather buy bread and clothes for our children than cigars and champagne for our legal protectors. There has been a great deal written and said about protection. We, as a class, are tired of one kind of protection, that which leaves us everything to do, to dare, and to suffer, and strips us of all means for its accomplishment. We would not tax man to take care of us. No, the Great Father has endowed all his creatures with the necessary powers for self-support, self-defense, and protection. We do not ask man to represent us; it is hard enough in times like these for man to carry backbone enough to represent himself. So long as the mass of men spend most of their time on the fence, not knowing which way to jump, they are surely in no condition to tell us where we had better stand. In pity for man, we would no longer hang like a mill stone round his neck. Undo what man did for us in the dark ages, and strike out all special legislation for us; strike the words “white male” from all your constitutions, and then, with fair sailing, let us sink or swim, live or die, survive or perish together.

At Athens, an ancient apologue tells us, on the completion of the temple of Minerva, a statue of the goddess was wanted to occupy the crowning point of the edifice. Two of the greatest artists produced what each deemed his masterpiece. One of these figures was the size of life, admirably designed, exquisitely finished, softly rounded, and beautifully refined. The other was of Amazonian stature, and so boldly chiselled that it looked more like masonry than sculpture. The eyes of all were attracted by the first, and turned away in contempt from the second. That, therefore, was adopted, and the other rejected, almost with resentment, as though an insult had been offered to a discerning public. The favored statue was accordingly borne in triumph to the place for which it was designed. In the presence of applauding thousands, but as it receded from their upturned eyes, all, all at once agaze upon it, the thunders of applause unaccountably died away — a general misgiving ran through every bosom — the mob themselves stood like statues, as silent and as petrified, for as it slowly went up, and up, the soft expression of those chiselled features, the delicate curves and outlines of the limbs and figure, became gradually fainter and fainter, and when at last it reached the place for which it was intended, it was a shapeless ball, enveloped in mist. Of course, the idol of the hour was now clamored down as rationally as it had been cried up, and its dishonored rival, with no good will and no good looks on the  part of the chagrined populace, was reared in its stead. As it ascended, the sharp angles faded away, the rough points became smooth, the features full of expression, the whole figure radiant with majesty and beauty. The rude hewn mass, that before had scarcely appeared to bear even the human form, assumed at once the divinity which it represented, being so perfectly pro portioned to the dimensions of the building, and to the elevation on which it stood, that it seemed as though Pallas herself bad alighted upon the pinnacle of the temple in person, to receive the homage of her worshippers.

The woman of the nineteenth century is the shapeless ball in the lofty position which she was designed fully and nobly to fill. The place is not too high, too large, too sacred for woman, but the type that you have chosen is far too small for it. The woman we declare unto you is the rude, misshapen, unpolished object of the successful artist. From your stand-point, you are absorbed with the defects alone. The true artist sees the harmony between the object and its destination. Man, the sculptor, has carved out his ideal, and applauding thousands welcome his success. He has made a woman that from his low stand-point looks fair and beautiful, a being without rights, or hopes, or fears but in him — neither noble, virtuous, nor independent. Where do we see, in Church or State, in school-house or at the fireside, the much talked-of moral power of woman? Like those Athenians, we have bowed down and worshiped in woman, beauty, grace, the exquisite proportions, the soft and beautifully rounded outline, her delicacy, refinement, and silent helplessness — all well when she is viewed simply as an object of sight, never to rise one foot above the dust from which she sprung. But if she is to be raised up to adorn a temple, or represent a divinity — if she is to fill the niche of wife and counsellor to true and noblemen, if she is to be the mother, the educator of a race of heroes or martyrs, of a Napoleon, or a Jesus — then must the type of womanhood be on a larger scale than that yet carved by man In vain would the rejected artist have reasoned with the Athenians as to the superiority of his production; nothing short of the experiment they made could have satisfied them. And what of your experiment, what of your wives, your homes? Alas! for the folly and vacancy that meet you there! But for your club-houses and newspapers, what would social life be to you? Where are your beautiful women  your frail ones, taught to lean lovingly and confidingly on man? Where are the crowds of educated dependents — where the long line of pensioners on man’s bounty? Where all the young girls, taught to believe that marriage is the only legitimate object of a woman’s pursuit — they who stand listlessly on life’s shores, waiting, year after year, like the sick man at the pool of Bethesda, for some one to come and put them in? These are they who by their ignorance and folly curse almost every fireside with some human specimen of deformity or imbecility. These are they who fill the gloomy abodes of poverty and vice in our vast metropolis. These are they who patrol the streets of our cities, to give our sons their first lessons in infamy. These are they who fill our asylums, and make night hideous with their cries and groans.

The women who are called masculine, who are brave, courageous, self reliant and independent, are they who in the face of adverse winds have kept one steady course upward and onward in the paths of virtue and peace they who have taken their gauge of womanhood from their own native strength and dignity — they who have learned for themselves the will of God concerning them. This is our type of womanhood. Will you help us raise it up, that you too may see its beautiful proportions that you may behold the outline of the goddess who is yet to adorn your temple of Freedom? We are building a model republic; our edifice will one day need a crowning glory. Let the artists be wisely chosen. Let them begin their work. Here is a temple to Liberty, to human rights, on whose portals behold the glorious declaration, “All men are created equal.” The sun has never yet shone upon any of man’s creations that can compare with this. The artist who can mold a statue worthy to crown magnificence like this, must be godlike in his conceptions, grand in his comprehensions, sublimely beautiful in his power of execution. The woman — the crowning glory of the model republic among the nations of the earth — what must she not be?



Source: The History of Woman Suffrage, Vol I, eds. Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage, (New  York: Fowler & Wells, Publishers) 1881, pp. 679-685.