Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost AdvocatesJohnson, Helen Kendrick
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Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost Advocates
Johnson, Helen Kendrick
Women -- Legal status, laws, etc. -- United States; Women -- Suffrage -- United States
There is no need that I should darken my pages with the English laws
concerning married women. The Suffrage leaders have spread them abroad;
Blackstone says they were intended for woman's protection and benefit, and
adds the remark, "So great a favorite is the female sex with the laws of
England." If I quoted them, I should be constrained to quote barbarous
laws concerning men of the same era, and to note the lack of all laws
concerning the brute creation; for neither of these matters is touched by
Suffrage writers. Dr. Jacobi is willing to say that "in the eye of the
law, the married white woman in the North was as devoid of personality as
the African slave in the South," and she also says: "By another error of
interpretation, certain laws which remain on the statute-book, or which
have been recently added, have been considered so peculiarly favorable to
women, that they are thought to prove a legislative tendency to grant
special immunities to women so long as they consent to remain
unfranchised." Does she mean to say that the lawmakers have asked the
women if they would consent to remain unfranchised? I thought that leaving
them unfranchised without asking their consent was, in Suffrage eyes, the
very front of the offending. The laws that remain on the statute-book, and
those that have been recently added, go to prove to my mind that the old
laws were meant to be generous as well as just; second, that the trend of
legislation _is_ peculiarly favorable to woman; and, thirdly, that those
laws which between man and man might be looked upon as offsets to suffrage
equality, between man and woman could not be so considered. They were,
therefore, proper immunities for persons whose consent was not asked
through the vote because, in the nature of the difference between the
sexes, a prime requisite for compliance was lacking. Dr. Jacobi goes on to
say: "The fear has been expressed that these 'immunities' and 'privileges'
would be forfeited were the franchise conferred. And this fear has
actually been advanced as an argument--as the basis of protest against
equal suffrage." Either the law is tyrannical to women, or it is not. If
Suffrage leaders are actually talking of its privileges and immunities to
women, and trying to explain them away, we may leave the burden of proof
to them. But as to the gist of her remark in regard to the connection
between legal privileges and equal suffrage: Fear of losing the legal
immunities that are granted to both married and unmarried women on account
of their attitude as wards of the State when they are not able to assume
the first duty implied in giving up the wardship--that of physical defence
to themselves and others--is a most legitimate fear, and is a sound reason
for protest against equal suffrage. Wrapped up with the legal privileges
of women are those of their children--the rights of minors. For boys,
special privileges cease at the age of twenty-one. For girls, they do not.
Public-domain text, read in full here on John Shaqi.
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