Historical Document
I have no doubt it seems strange to many of you that a woman should appear before the people in this public manner for political purposes, and it is due both to you and myself that I should give my reasons for so doing.
On the 19th of December, 1870, I memorialized Congress, setting forth what I believed to be the truth and right regarding Equal Suffrage for all citizens. This memorial was referred to the Judiciary Committees of Congress. On the 12th of January I appeared before the House Judiciary Committee and submitted to them the Constitutional and Legal points upon which I predicated such equality. January 20th Mr. Bingham, on behalf of the majority of said Committee, submitted his report to the House in which, while he admitted all my basic propositions, Congress was recommended to take no action.…I assumed and recommended that Congress should pass a Declaratory Act, forever settling the mooted question of suffrage.
Thus it is seen that equally able men differ upon a simple point of Constitutional Law, and it is fair to presume that Congress will also differ when these Reports come up for action. That a proposition involving such momentous results as this, should receive a one-third vote upon first coming before Congress has raised it in importance, which spreads alarm on all sides among the opposition. So long as it was not made to appear that women were denied Constitutional rights, no opposition was aroused; but now that new light is shed, by which it is seen that such is the case, all the Conservative weapons of bitterness, hatred and malice are marshalled in the hope to extinguish it, before it can enlighten the masses of the people, who are always true to freedom and justice.
Public opinion is against Equality, but it is simply from prejudice, which requires but to be informed to pass away. No greater prejudice exists against equality than there did against the proposition that the world was a globe. This passed away under the influence of better information, so also will present prejudice pass, when better informed upon the question of equality.…
I come before you, to declare that my sex are entitled to the inalienable right to life, liberty and the pursuit of happiness. The first two I cannot be deprived of except for cause and by due process of law; but upon the last, a right is usurped to place restrictions so general as to include the whole of my sex, and for which no reasons of public good can be assigned. I ask the right to pursue happiness by having a voice in that government to which I am accountable. I have not forfeited that right, still I am denied. Was assumed arbitrary authority ever more arbitrarily exercised? In practice, then, our laws are false to the principles which we profess. I have the right to life, to liberty, unless I forfeit it by an infringement upon others’ rights, in which case the State becomes the arbiter and deprives me of them for the public good. I also have the right to pursue happiness, unless I forfeit it in the same way, and am denied it accordingly. It cannot be said, with any justice, that my pursuit of happiness in voting for any man for office, would be an infringement of one of his rights as a citizen or as an individual. I hold, then, that in denying me this right without my having forfeited it, that departure is made from the principles of the Constitution, and also from the true principles of government, for I am denied a right born with me, and which is inalienable.…
If freedom consists in having an actual share in appointing those who frame the laws, are not the women of this country in absolute bondage, and can government, in the face of the XV Amendment, assume to deny them the right to vote, being in this “condition of servitude?” According to Franklin we are absolutely enslaved, for there are “governors set over us by other men,” and we are “subject to the laws” they make. Is not Franklin good authority in matters of freedom? Again, rehearsing the arguments that have emanated from Congress and applying them to the present case, we learn that “It is idle to show that, in certain instances, the fathers failed to apply the sublime principles which they declared. Their failure can be no apology for those on whom the duty is now cast.” Shall it be an apology now? Shall the omission of others to do justice keep the government from measuring it to those who now cry out for it?…
I am subject to tyranny! I am taxed in every conceivable way. For publishing a paper I must pay—for engaging in the banking and brokerage business I must pay—of what it is my fortune to acquire each year I must turn over a certain per cent—I must pay high prices for tea, coffee and sugar: to all these must I submit, that men’s government may be maintained, a government in the administration of which I am denied a voice, and from its edicts there is no appeal. I must submit to a heavy advance upon the first cost of nearly everything I wear in order that industries in which I have no interest may exist at my expense. I am compelled to pay extravagant rates of fare wherever I travel, because the franchises, extended to gigantic corporations, enable them to sap the vitality of the country, to make their managers money kings, by means of which they boast of being able to control not only legislators but even a State judiciary.
To be compelled to submit to these extortions that such ends may be gained, upon any pretext or under any circumstances, is bad enough: but to be compelled to submit to them, and also denied the right to cast my vote against them, is a tyranny more odious than that which, being rebelled against, gave this country independence.…
Therefore it is, that instead of growing in republican liberty, we are departing from it. From an unassuming, acquiescent part of society, woman has gradually passed to an individualized human being, and as she has advanced, one after another evident right of the common people has been accorded to her. She has now become so much individualized as to demand the full and unrestrained exercise of all the rights which can be predicated of a people constructing a government based on individual sovereignty. She asks it, and shall Congress deny her?
The formal abolition of slavery created several millions of male negro citizens, who, a portion of the acknowledged citizens assumed to say, were not entitled to equal rights with themselves. To get over this difficulty, Congress in its wisdom saw fit to propose a XIV Amendment to the Constitution, which passed into a law by ratification by the States. Sec. I. of the Amendment declares: “All persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty and property without due process of law, nor deny any person within its jurisdiction the equal protection of the law.”…
After the adoption of the XIV Amendment it was found that still more legislation [XV Amendment] was required to secure the exercise of the right to vote to all who by it were declared to be citizens, and the following comprehensive amendment was passed by Congress and ratified by the States: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude.” Nothing could be more explicit than this language, and nothing more comprehensive. “But,” says the objector, ever on the alert, “it may be denied on account of sex.” It must be remembered “that is law which is written,” and that all inferences drawn must be in accord with the general intent of the instrument involved by the inference. If the right to vote cannot be denied on account of race, how can it be denied on account of a constituent part of race, unless the power of denial is specially expressed. The larger always includes the smaller, which, if reserved, the reservation that it has no broader application. Whoever it may include, under logical construction, to them the right to vote shall not be denied. Take the African race and the black color and the previous slaves out of the way, and what application would this Amendment then have? This is the way to test these things, the way to arrive at what they mean. Who will pretend to say this Amendment would mean nothing were there no negroes, and there had been no Southern slaves? Who will pretend to say that the Amendment would mean nothing in the coming election, provided that there never before had been an election under the Constitution? If you provide a Constitutional amendment, having one race specially in view, it must not be forgotten that there are other races besides. Thirty-seven States constitute the United States. If you speak of the United States you speak of all the States, for they are all included. If you speak of a part of the United States, you must designate what part, in order that it may be known what you mean. A race is composed of two sexes. If you speak of a race you include both sexes. If you speak of a part of a race, you must designate which part in order to make yourselves intelligible.…
I make the plain and broad assertion, that the women of this country are as much subject to men as the slaves were to their masters. The extent of the subjection may be less and its severity milder, but it is a complete subjection nevertheless. What can women do that men deny them? What could not the slave have done if not denied?
It is not the women who are happily situated, whose husbands hold positions of honor and trust, who are blessed by the bestowal of wealth, comforts and ease that I plead for. These do not feel their condition of servitude any more than the happy, well-treated slave felt her condition. Had slavery been of this kind it is at least questionable if it would not still have been in existence; but it was not all of this kind. Its barbarities, horrors and inhumanities roused the blood of some who were free, and by their efforts the male portion of a race were elevated by Congress to the exercise of the rights of citizenship. Thus would I have Congress regard woman, and shape their action, not from the condition of those who are so well cared for as not to wish a change to enlarge their sphere of action, but for the toiling female millions, who have human rights which should be respected.…
We are now prepared to dispose of the sex argument. If the right to vote shall not be denied to any person of any race, how shall it be denied to the female part of all races? Even if it could be denied on account of sex, I ask, what warrant men have to presume that it is the female sex to whom such denial can be made instead of the male sex? Men, you are wrong, and you stand convicted before the world of denying me, a woman, the right to vote, not by any right of law, but simply because you have usurped the power so to do, just as all other tyrants in all ages have, to rule their subjects. The extent of the tyranny in either case being limited only by the power to enforce it.…
Under such glaring inconsistencies, such unwarrantable tyranny, such unscrupulous despotism. What is there left women to do but to become the mothers of the future government.
We will have our rights. We say no longer by your leave. We have besought, argued and convinced, but we have failed; and we will not fail.
We will try you just once more. If the very next Congress refuse women all the legitimate results of citizenship; if they indeed merely so much as fail by a proper declaratory act to withdraw every obstacle to the most ample exercise of the franchise, then we give here and now, deliberate notification of what we will do next.
There is one alternative left, and we have resolved on that. This convention is for the purpose of this declaration. As surely as one year passes, from this day, and this right is not fully, frankly and unequivocally considered, we shall proceed to call another convention expressly to frame a new constitution and to erect a new government, complete in all its parts, and to take measures to maintain it as effectually as men do theirs.
If for people to govern themselves is so unimportant a matter as men now assert it to be, they could not justify themselves in interfering. If, on the contrary, it is the important thing we conceive it to be, they can but applaud us for exercising our right.
We mean treason; we mean secession, and on a thousand times grander scale than was that of the South. We are plotting revolution; we will overthrow this bogus republic and plant a government of righteousness in its stead, which shall not only profess to derive its power from the consent of the governed, but shall do so in reality.