# History of Woman Suffrage/Volume 3/Chapter 34

Contents
CHAPTER XXXIV.
MAINE.
The first movement in Maine, in 1868, turned on the question of women being eligible on school committees. Here, as in Vermont, the men inaugurated the movement. The following letter, from the Portland Press, gives the iniative steps:
Hiram, March 15, 1868.
Mr. Editor: A statement is going the rounds of the press that the Democrats of Hiram supported a lady for a member of the school committee. I am unwilling that any person or party shall be ridiculed or censured for an act of which I was the instigator, and for which I am chiefly responsible. I am in favor of electing ladies to that office, and accordingly voted for one, without her knowledge or consent; several Democrats as well as Republicans voted with me. I have reason to believe that scores of Democrats voted for the able and popular candidate of the Republicans (Dr. William H. Smith), and but for my peculiar notion I should have voted for him myself, as I always vote with the Republican party. I am in favor, however, of laying aside politics in voting for school committees, and the question of capability should outweigh the question of sex. A few years ago we had a large number of boy schoolmasters, but agents are learning to appreciate teachers of tact, experience ami natural qualifications, as well as book-knowledge. Of eleven schools under the care of the writer the past year, but one had a male teacher, and by turning to the reports I find that of forty-nine schools in Hiram during the past two years, forty-two were taught by ladies. Four of these teachers of the past year have taught respectively twenty, twenty-one, twenty-three and thirty schools. I put the question, why should a lady who has taught thirty schools be considered less ​ble for the office of school committee than the undersigned, who has taught but two, or scores of men who never taught school at all? Slowly and with hesitation over the ice of prejudice comes that unreasonable reason—"O, 'cause." But regardless of pants or crinoline, the question remains unanswered and unanswerable. It is not deemed improper for the ladies of Hiram to go with their husbands to the town-house to a cattle show and fair, and serve as committees on butter and cheese, but it is considered unreasonable for ladies to serve as superintendents of school committees.
General Washington gave a lieutenant's commission to a woman for her skill and bravery in manning a battery at the battle of Monmouth. He also granted her half-pay during life. It is stated in "Lincoln's Lives of the Presidents" that "she wore an epaulette, and everybody called her Captain Molly." And yet I do not read in history that General Washington was ever impeached. Females have more and better influence than males, and under their instruction our schools have been improving for some years. There is less kicking and cudgeling, and more attention is given to that best of all rules, "The Golden Rule." If they are more efficient as teachers is it not fair to presume that they would excel as committees?
Very respectfully yours,Llewellyn A. Wadsworth.
The editor of the Press adds to the above his own endorsement, in these words:
We are pleased to have Mr. Wadsworth's explanation of the reform movement in Hiram, which we had been misled into crediting to the Democrats. * * * Go on, Mr. Wadsworth, you have our best wishes. There is nothing in the way of the general adoption of your ideas but a lot of antiquated and obsolete notions, sustained by the laughter of fools.
The same year we have the report of the first suffrage society in that State, which seems to place Maine in the van of her New England sisters, notwithstanding the great darkness our correspondent deplores:
Dear Revolution: A society has just been organized here called the Equal Rights Association of Rockland. It bids fair to live, although it requires all the courage of heroic souls to contend against the darkness that envelopes the people. But the foundation is laid, and many noble women are catching the inspiration of the hour. When we are fully under way, we shall send you a copy of our preamble and resolutions.
Elvira C. Thorndyke, Cor. Sec'y.
Elevation of Woman.—All who favor Woman Suffrage, the Sixteenth Amendment, and the restoration of woman to her "natural and inalienable rights," are wanted for consultation at the audience room of the Portland Institute and Public Library, on Wednesday evening next, at half-past seven o'clock. Per order
John Neal.
The weather was unfavorable; nevertheless, the small room, holding from sixty to seventy-five, to which the well-disposed were invited for consultation and organization, was crowded so that near the close not a seat could be had; and crowded, too, with educated and intelligent women, and brave, thoughtful men, so far as one might judge by appearances, and about in equal proportions. Among the latter were Mr. Talbot, United States district-attorney, a good lawyer and a self-convinced fellow laborer, so far as suffrage is concerned; but rather unwilling to go further at present, lest if a woman should be sent to the legislature (against her will, of course!) she might neglect her family, or be obliged to take her husband with her, to keep her out of mischief; just as if Portland, with 35,000 inhabitants and four representatives, would not be likely to find two unmarried women or widows, or married women not disqualified by matrimonial incumbrances or liabilities, to represent the sex; or lest, if she should get into the post-office, being by nature so curious and inquisitive, she might be found peeping—as if the chief distinction between superior and inferior minds was not this very disposition to inquire and investigate; as if, indeed, that which distinguishes the barbarous from the civilized, were not this very inquisitiveness and curiosity; the savage being satisfied with himself and averse to inquiry; the civilized ever on the alert, in proportion to his intelligence, and, like the Athenians, always on the look-out for some "new thing."
And then, too, we had Judge Goddard, of the Superior Court, one of our boldest and clearest thinkers, who could not be persuaded to take a part in the discussion, though declaring himself entirely opposed to the movement. And yet, he is the very man who, at a Republican convention several years ago, offered a resolution in favor of impartial suffrage, only to find himself in a minority of two; but persevered nevertheless, year after year, until the very same resolution, word for word, was unanimously adopted by another Republican convention! Of course, Judge Goddard will not be likely to shrink from giving his reasons hereafter, if the movement should propagate itself, as it certainly will.
We had also for consideration a synopsis of what deserves to be called most emphatically "The Maine Law," in relation to married women, prepared by Mr. Drummond, our late speaker and formerly attorney-general, and one of our best lawyers, where it was demonstrated, both by enactments and adjudications, running from March, 1844, to February, 1866, that a married woman—to say nothing of widows and spinsters—has little to complain of in our State, her legal rights being far ahead of the age, and not only acknowledged, but enforced; she being mistress of herself and of her earnings, and allowed to trade for herself, while "her contracts for any lawful purpose are made valid and binding, and to be enforced, as if she were sole agent of her property, but she cannot be arrested." ​ Then followed Mr. S. B. Beckett, just returned from a trip to the Holy Land, who testified, among other things, that he had seen women both in London and Ireland who knew "how to keep a hotel," which is reckoned among men as the highest earthly qualification—and proved it by managing some of the largest and best in the world.
And then Mr. Charles Jose, late one of our aldermen, who, half in earnest and half in jest, took t'other side of the question, urging, first, that this was a political movement—as if that were any objection, supposing it true; our whole system of government being a political movement, and that, by which we trampled out the last great rebellion, another, both parties and all parties coöperating in the work; next, that women did not ask for suffrage—it was the men who asked for it, in their names; that there were no complaints and no petitions from women! As if petitions had not gone up and complaints, too, by thousands, from all parts of the country, from school-teachers and office clerks and others, as well as from the women at large, both over sea and here.
But enough. The meeting stands adjourned for a week. Probably no organization will be attempted, lest it might serve to check free discussion.
J. N.
May 5, 1870.
Mr. W. W. McCann wrote to the Woman's Journal of this suffrage meeting in Portland, in 1870:
Judge Howe's voice, when he addressed the jury of Wyoming as "Ladies and Gentlemen of the Grand Jury," fell upon the ears of that crowded court-room as a strange and unusual sound. Equally strange and impracticable seemed the call for a "woman suffrage meeting," at the city building, to the conservative citizens of Portland. However, notwithstanding the suspicion and prejudice with which this movement is regarded, quite a large and highly respectable audience assembled at an early hour to witness the new and wonderful phenomenon of a meeting to aid in giving the ballot to woman.
Hon. John Neal, who issued the call for the meeting, was the first to speak. He reviewed the history of this movement, both in this country and in England. He gave some entertaining reminiscences of his acquaintance with John Stuart Mill forty years ago. Mr. Mill was not then in favor of universal suffrage; he advocated the enfranchisement of the male sex only. Mr. Neal claimed the right for women also. He was happy to learn that since then Mr. Mill has thrown all the weight of his influence and his masterly intellect in favor of universal suffrage. He then entered into an elaborate discussion of some of the objections brought against woman suffrage, and, much to the surprise of many present, showed that the rights which women demand are just and reasonable, and ought to be granted. John M. Todd remarked that he was not so much impressed by the logical arguments in favor of suffrage as by the shallow and baseless arguments of the opposition. The friends of woman suffrage are becoming active and earnest in their efforts, and discussion is freely going on through the daily papers. ​To-day, the Eastern Argus, a leading Democratic organ of this city, denounces this movement as the most "damnable heresy of this generation." We venture the prediction that its friends, if true to the progressive tendencies of the day, will realize the consummation of their cherished heresy in the proposed sixteenth amendment, which will abolish all distinction of class and sex.
On August 12, 1871, the announcement that Colby University would be opened to girls gave general satisfaction to the women of Maine. A correspondent says:
Hereafter young women will be admitted to this institution on "precisely the same terms as young men." They may take the regular course, or such a course as they may select, taking at least two studies each term. They will room and board in families in the village, and simply attend the required exercises at the college. The next examination for entrance will be on Wednesday, August 30. One young lady has already signified her purpose to enter the regular course. Four New England colleges are now open to women—Bates, at Lewiston; Colby, at Waterville, Me.; Vermont University, at Burlington, Vt., and Wesleyan, at Middletown, Conn. Let's have no more women's colleges established, for the next decade will make them unnecessary, as by that time all the colleges of the country will be opened to them.
October 26, 1872, another advance step was heralded abroad:
On motion of the Hon. James S. Milliken, Mrs. Clara Hapgood Nash, of Columbia Falls, was formally admitted to the bar as an attorney-at-law. During the session of the court in the forenoon, Mrs. Nash had presented herself before the examining committee, Messrs. Granger, Milliken and Walker, and had passed a more than commonly creditable examination. After the opening of the court in the afternoon, Mr. Milliken arose and said: "May it please the court, I hold in my hand papers showing that Mrs. Hapgood Nash, of Columbia Falls, has passed the committee appointed by the court to examine candidates for admission to the bar as attorneys-at-law and has paid to the county treasurer the duty required by the statute; and I now move the court that she be admitted to this bar as an attorney-at-law. In making the motion I am not unaware that this is a novel and unusual proceeding. It is the first instance in this county and this State, and, so far as I am aware, the first instance in New England, of the application of a woman to be formally admitted to the bar as a practitioner. But knowing Mrs. Nash to be a modest and refined lady, of literary and legal attainments, I feel safe in assuring Your Honor that by a course of honorable practice, and by her courteous intercourse with the members of the profession, she will do her full part to conquer any prejudice that may now exist against the idea of women being admitted as attorneys at law." Judge Barrows, after examining the papers handed to him, said: "I am not aware of anything in the constitution or laws of this State prohibiting the admission of a woman, possessing the proper qualifications, to the practice of the law. I have no sympathy with that feeling or prejudice which would exclude women ​from any of the occupations of life for which they may be qualified. The papers put into my hands show that Mrs. Nash has received the unanimous approval of the examining committee, as possessing the qualifications requisite for an acceptable attorney, and that she has paid the legal duty to the county treasurer, and I direct that she be admitted."
On May 10, 1873, the trustees of the Industrial School for Girls issued the following appeal to the people of the State:
The undersigned, trustees of the Maine Industrial School for Girls, hereby earnestly appeal to the generosity of the State, to the rich and poor alike, for aid to this important movement. Our call is to mothers and fathers blessed with virtuous and obedient children; to those who have suffered by the waywardness of some beloved daughter; and to all who would gladly see the neglected, exposed and erring girls in our midst reclaimed. For six years has this subject been agitated in the State and presented to the consideration of several legislatures; and during that time the objects, plans and practical workings of such an institution, have become familiar to the public mind. The project is now so near consummation that by prompt and liberal response to this appeal, the school can be in active operation by the first of July next.
By the terms of the resolution of the legislature granting State aid of five thousand dollars, the sum of twenty thousand dollars must first be secured from other sources. Of this, five thousand at least has been contributed by two generous ladies in Hallowell. For the balance the trustees confidentially look to the citizens of the whole State as equally to be benefited. Let them send their contributions, whether large or small, freely and at once, to either of the undersigned and the receipt of the same shall be duly acknowledged.
Some of the women tax-payersin Ellsworth, Maine, sent the following protest to the assessors of that city:
We the undersigned residents of the city of Ellsworth, believing in the declaration of our forefathers, that "governments derive their just powers from the consent of the governed," and that "taxation without representation is tyranny," beg leave to protest against being taxed for support of laws that we have no voice in making. By taxing us you class us with aliens and minors, the only males who are taxed and not allowed to vote, you make us the political inferiors of the most ignorant foreigners, negroes, and men who have not intellect enough to learn to write their names, or to read the vote given them. Our property is at the disposal of men who have not the ability to accumulate a dollar's worth and who pay only a poll-tax. We therefore protest against being taxed until we are allowed the rights of citizens. ​
Augusta, March 1, 1872.
Editors Woman's Journal: I have never seen a letter in the Woman's Journal written from Augusta, the capital of Maine, and as some things have transpired lately which might interest your readers, I take the liberty of writing a few lines. The bill for woman suffrage was defeated in the House, fifty-two to forty-one. In the Senate the vote was fifteen in favor to eight against. I think the smallness of the vote was owing to the indifference of some of the members and the determination of a few to kill the bill. Some politicians are afraid of this innovation just now, lest the Republican party be more disrupted than it already is. Day after day, when the session was drawing to a close, women went to the state-house expecting to hear the question debated. Wednesday every available place was filled with educated women. The day was spent—if I should say how, my criticism might be too severe. Gentlemen from Thomaston, Biddeford, Burlington and Waldoborough had the floor most of the time during the afternoon. In the evening, while those same women and some of the members of the legislature were attending a concert, the bill was taken up and voted upon, without any discussion whatever. Now, I submit to any fair-minded person if this was right. I have listened to discussions upon that floor this winter for which I should have hung my head in shame had they been conducted by women. The whole country, from Maine to California, calls loudly for better legislation—for morality in politics.
A member of the House said to me yesterday, that he thought that some of the members from the rural districts were not sufficiently enlightened upon the question of woman suffrage, and the bill ought to have been thoroughly discussed. Yes, and perhaps treated with respect by its friends. I saw the member from Calais while a vote was being taken. Standing in his seat, with his hand stretched toward the rear of the House, where it is generally supposed that members sit who are a little slow in voting at the beck of politicians, he said: "Yes is the way to vote, gentlemen! Yes! Yes!" When women have such politicians for champions equal suffrage is secured. But do we want such men? The member from Calais voted against woman's right of suffrage. He is said to be an ambitious aspirant in the fifth congressional district. See to it, women of the fifth district, that you do not have him as an opponent of equal rights in congress. There is a throne behind a throne. Let woman be regal in the background, where she must stand for the present, in Maine.
But I am happy and proud to state that some very high-minded men, and some of the best legislators in the House, did vote for the bill, viz.: Brown of Bangor, Judge Titcomb of Augusta, General Perry of Oxford, Porter of Burlington, Labroke of Foxcroft, and many others; in the Senate, the president and fourteen others, the real bone and marrow of the Senate, voted for the bill. The signs of the times are good. The watchman of the night discerns the morning light in the broad eastern horizon.
[Signed:]Patience Commonsense.
Women certainly have no reason to complain of the year's dealings with them, for they have been recognized in many ways which indicate the gradual breaking down of the prejudices that have hitherto given them a position of quasi subjection. Mrs. Mary D. Welcome has been licensed to preach by the Methodists; Mrs. Fannie U. Roberts of Kittery has been commissioned by the governor to solemnize marriages; Clara H. Nash, of the famous law firm of F. C. & C. H. Nash, of Columbia Falls, has argued a case before a jury in the Supreme Court; Miss Mary C. Lowe of Colby University has taken a college prize for declamation. They are the first Maine women who have ever enjoyed honors of the kind. Miss Cameron spoke, too, at the last Congregational conference, and Miss Frank Charles was appointed register of deeds in Oxford county.
It is further to be noted that the legislature voted as follows on the question of giving the ballot to women: Senate—14 yeas, 14 nays; House—62 yeas, 69 nays. Women are rapidly obtaining a recognized position in our colleges. There are now five young women at Colby, three at Bates, and three at the Agricultural College—eleven in all. Bates has already graduated two. In the latter college a scholarship for the benefit of women has been endowed by Judge Reddington. Finally, the first Woman Suffrage Association ever formed in Maine held its first meeting at Augusta last January, and was a great success. Carmel, Monroe, Etna and some other towns have elected women superintendents of schools, but this has been done in other years. For a little movement in the right direction we must credit Messrs. Amos, Abbott & Co., woolen manufacturers of Dexter, who divide ten per cent. of their profits with their operatives.
Clara H. Nash, the lady who, in partnership with her husband, has recently entered upon the practice of law in Maine, says:
Scarcely a day passes but something occurs in our office to rouse my indignation afresh by reminding me of the utter insignificance with which the law, in its every department, regards woman, and its utter disregard of her rights as an individual. Would that women might feel this truth; then, indeed, would their enfranchisement be speedy.
In the Woman's Journal of January 1, 1873, we find the following call: The people of Maine who believe in the extension of the elective franchise to women as a beneficent power for the promotion of the virtues and the correction of the evils of society, and all who believe in the principles of equal justice, equal liberty and equal opportunity, upon which republican institutions are founded, and have faith in the triumph of intelligence and reason over custom and prejudice, are invited to meet at Granite Hall, in the city of Augusta, on Wednesday, January 29, 1873, for the purpose of organizing a State Woman Suffrage Association, and inaugurating such measures for the advancement of the cause as the wisdom of the convention may suggest. ​The Portland Press, in a leading editorial on the "Moral Eminence of Maine," says:
Maine has been first in many things. She has taught the world how to struggle with intemperance, and pilgrims come hither from all quarters of the earth to learn the theory and practice of prohibition. She was among the first to practically abolish capital punishment and to give married women their rights in respect to property. She is, perhaps, nearer giving them political rights, also, than any of her sister commonwealths. If Maine should be first among the States to give suffrage to women, she would do more for temperance than a hundred prohibitory laws, and more for civilization and progress than Massachusetts did when she threw the tea into Boston harbor in 1773, or when she sent the first regiment to the relief of Washington in 1861. The leaders of the temperance reform in Maine are fully alive to the necessity of woman suffrage as a means to that end. At the meeting of the State Temperance Association of Maine, in Augusta, recently, Mr. Randall said that "as the woman suffrage convention has adjourned over this afternoon in order to attend the temperance meeting, he would move that when we adjourn it be to Thursday morning, as the work at both conventions is intimately connected. If the women of Maine went to the ballot-box, we should have officers to enforce the law." Mr. Randall's motion was carried, and the temperance convention adjourned.
The Woman Suffrage Association assembled Wednesday, January 29, in Granite Hall, Augusta. There was a very large attendance, a considerable number of those present being members of the legislature. Hon. Joshua Nye presided. He made a few remarks relating to the removal of political disabilities from women, and introduced Mrs. Agnes A. Houghton of Bath, who spoke on the "Turning of the Tide," contending that woman should be elevated socially, politically and morally, enjoying the same rights as man. She was followed by Judge Benjamin Kingsbury, jr., of Portland, who declared himself unequivocally in favor of giving woman the right to vote, and who trusted that she would be accorded this right by the present legislature. More than 1,000 persons were in the audience, and great en- ​thusiasm prevailed. The morning session was devoted to business and the election of officers. In order not to conflict with a meeting of the State Temperance Association, no afternoon session was held, and, in return, the State Temperance Society gave up its evening meeting to enable its members to attend the suffrage convention.
Speeches were made by Henry B. Blackwell of Boston, Rev. Ellen Gustin of Mansfield, Mary Eastman of Lowell, and others. Resolutions were passed pledging the association not to cease its efforts until the unjust discrimination with regard to voting is swept away; that in the election of president, and of all officers where the qualifications of voters are not prescribed by the State constitution, the experiment should be tried of allowing women to vote; that in view of the large amount of money which has been expended in Maine for the exclusive benefit of the Boys’ Industrial School during the past twenty years, it is the prayer of the ladies of Maine that the present legislature vote the sum asked for the establishment of an Industrial School for girls.
In 1874 we find notices of other onward steps:
Editors Journal: Woman's cause works slowly here, though in one respect we have been successful. Our county school-superintendent is a lady. She had a large majority over our other candidate, and over two gentlemen, and she is decidedly “the right person in the right place.” She is a graduate from the normal school, the mother of four children, q widow for some six years past, and a lady. What more can we ask, unless, indeed, it be for a very conscientious idea of duty? That, too, she has, and also energy, with which she carries it out. The sterner sex admit that women are competent to hold office. But some say we are not intelligent enough to vote. What an appalling amount of wisdom they show in this idea! It would be “unwomanly” in us to suggest such a word as inconsistency.
Fraternally, M. J. M.
In Searsport a woman was elected one of the two school superintendents of the town. The following advertisement appears in the local newspaper :
Searsport School Notice.—The superintending school-committee of Searsport will meet to examine teachers at the town library, April 17 and May 1, 1874, at 1 o'clock p. m.
Delia A. Curtis, John Nichols, S. S. Com. of Searsport.
Delia A. Curtis.
Dear Journal: Aroostook, though occupying the extreme northeastern portion of our good State of Maine, and still in the blush of youth, is not behind her sister counties in recognition of woman's fitness for office. The returns of town elections, so far as I have yet seen, give three towns in the county which have elected ladies to serve as members of the school committee.
L. J. Y. W.
In the autumn of 1874 the governor and council requested the opinion of the Supreme Judicial Court on the following questions:
First—Under the constitution and laws of this State, can a woman, if duly appointed and qualified as a justice of the peace, legally perform all acts pertaining to that office?
Second—Would it be competent for the legislature to authorize the appointment of a married woman to the office of justice of the peace; or to administer oaths, take acknowledgment of deeds or solemnize marriages, so that the same may be legal and valid?
The following responses to these inquiries were received by the governor: the opinion of the court, drawn by Chief-justice Appleton, and concurred in by Justices Cutting, Peters, Danforth and Virgin; a dissenting opinion from Justices Walton and Barrows and one from Justice Dickerson. The opinion of the court is given below:
To the questions proposed we have the honor to answer as follows:
Whether it is expedient that women should hold the office of justice of the peace is not an inquiry proposed for our consideration. It is whether, under the existing constitution, they can be appointed to such office, and can legally discharge its duties. By the constitution of Massachusetts, of which we formerly constituted a portion, the entire political power of that commonwealth was vested under certain conditions, in its male inhabitants of a prescribed age. They alone, and in the exclusion of the other sex, as determined by its highest court of law, could exercise the judicial function as existing and established by that instrument.
By the act relating to the separation of the district of Maine from Massachusetts, the authority to determine upon the question of separation, and to elect delegates to meet and form a constitution was conferred upon the "inhabitants of the several towns, districts and plantations in the district of Maine qualified to vote for governor or senators," thus excluding the female sex from all participation in the formation of the constitution, and in the organization of the government under it. Whether the constitution should or should not be adopted, was especially, by the organic law of its existence, submitted to the vote of the male inhabitants of the State.
It thus appears that the constitution of the State was the work of its male citizens. It was ordained, established, and ratified by them, and by them alone; but by the power of government was divided into three distinct departments: legislative, executive and judicial. By article VI., section 4, justices of the peace are recognized as judicial officers.
​By the constitution, the whole political power of the State is vested in its male citizens. Whenever in any of its provisions, reference is made to sex, it is to duties to be done and performed by male members of the community. Nothing in the language of the constitution or in the debates of the convention by which it was formed, indicates any purpose whatever of any surrender of political power by those who had previously enjoyed it or a transfer of the same to those who had never possessed it. Had any such design then existed, we cannot doubt that it would have been made manifest in appropriate language. But such intention is nowhere disclosed. Having regard then, to the rules of the common law as to the rights of women, married and unmarried, as the—existing to the history of the pas—to the universal and unbroken practical construction given to the constitution of this State and to that of the Commonwealth of Massachusetts upon which that of this State was modeled, we are led to the inevitable conclusion that it was never in the contemplation or intention of those framing our constitution that the offices thereby created should be filled by those who could take no part in its original formation, and to whom no political power was intrusted for the organization of the government then about to be established under its provisions, or for its continued existence and preservation when established.
The same process of reasoning which would sanction the conferring judicial power on women under the constitution would authorize the giving them executive power by making them sheriffs and major-generals. But while the offices enacted by the constitution are to be, filled exclusively by the male members of the State, we have no doubt that the legislature may create new ministerial offices not enumerated therein, and if it deem expedient, may authorize the performance of the duties of the offices so created by persons of either sex.
To the first question proposed, we answer in the negative.
To the second, we answer that it is competent for the legislature to authorize the appointment of married or unmarried women to administer oaths, take acknowledgment of deeds or solemnize marriages, so that the same shall be legal and valid.
| John Appleton, | John A. Peters, |
| Jonas Cutting, | Wm. Wirt Virgin, |
The dissenting opinion was as follows:
We, the undersigned, Justices of the Supreme Judicial Court, concur in so much of the foregoing opinion as holds that it is competent for the legislature to authorize the appointment of women to administer oaths, take the acknowledgment of deeds and solemnize marriages. But we do not concur in the conclusion that it is not equally competent for the legislature to authorize the appointment of women to act as justices of the peace. The legislature is authorized to enact any law which it deems reasonable and proper, provided it is not repugnant to the constitution of this State, nor to that of the United States. A law authorizing the appointment of women to act as justices of the peace would not, in our judgment, be repugnant to either. We fail to find a single word, or sentence, or clause of a sentence, which, fairly construed, either expressly or impliedly forbids the passage of such a law. So far as the office of justice of the peace is concerned, there is not so much as a masculine pronoun to hang an objection upon.
It is true that the right to vote is limited to males. But the right to vote and the right to hold office are distinct matters. Either may exist without the other. And it may be true that the framers of the constitution did not contemplate did not affirmatively intend that women should hold office. But it by no means follows that they intended the contrary. The truth probably is that they had no intention one way or the other; that the matter was not even thought of. And it will be noticed that the unconstitutionality of such a law is made to rest, not on any expressed intention of the framers of the constitution that women should not hold office, but upon a presumed absence of intention that they should. ​This seems to us a dangerous doctrine. It is nothing less than holding that the legislature cannot enact a law unless it appears affirmatively that the framers of the constitution intended that such a law should be enacted. We cannot concur in such a doctrine. It would put a stop to all progress. We understand the correct rule to be the reverse of that ; namely, that the legislature may enact any law they may think proper, unless it appears affirmatively that the framers of the constitution intended that such a law should not be passed. And the best and only safe rule for ascertaining the intention of the makers of any written law, is to abide by the language which they have used. And this is especially true of written constitutions ; for in preparing such instruments it is but reasonable to presume that every word has been carefully weighed, and that none is inserted and none omitted without a design for so doing. Taking this rule for our guide we can find nothing in the constitution of the United States, or of this State, forbidding the passage of a law authorizing the appointment of women to act as justices of the peace. We think such a law would be valid.
C. W. Walton, Wm. G. Barrows.
The right of women to hold office was affirmed in the message of Governor Dingley, January, 1875 :
The legislature passed the bill recommended by the governor.
In 1875 the Constitutional Committee, by a vote of six to two, defeated the proposition to so amend the constitution as to make women electors under the same regulations and restrictions as men.
The Maine Woman Suffrage Association held its third annual meeting at Augusta on January 12, 1876, in the hall of the House of Representatives, the use of which had been courteously extended to the association. The hall and galleries were crowded in every part with an intelligent audience, whose close attention through all the sessions showed an earnest interest in the cause.
A writer in the Woman's Journal about this time said:
It is neither riches, knowledge, nor culture that constitutes the electoral qualifications, but gender and a certain implied brute force. By this standard legislative bodies have been wont to judge the exigency of this mighty question. More influential than woman, though unacknowledged as such by the average legislator of States and nations, even the insignificant lobster finds earnest champions where woman's claims fail of recognition; which assertion the following incident will substantiate: Being present in the Representatives Hall in Augusta when the "lobster question "came up for discussion (the suffrage question was then struggling before the committee), I was struck by the air of earnestness that pervaded the entire House on that memorable occasion, And why not? It was a question that appealed directly to man's appetite, and there he is always interested. After the morning hour a dozen ready debators sprang to their ​feet, eloquent in advocating the rights of this important member of the crustacean family. The discussion waxed into something like enthusiasm, when finally an old tar exclaimed with terrific violence: "Mr. Speaker, I insist upon it, this question must be considered. It is a great question; one before which all others will sink into insignificance; one of vastly more importance than any other that will come. before this honorable body during this session!"
Dirigo.
In closing this chapter it is fitting to mention some of our faithful friends in Maine, whose names have not appeared in societies and conventions as leaders or speakers, but whose services in other ways have been highly. appreciated.
Rockland is the home of Lucy and Lavinia Snow, who, from the organization of the first society in 1868, have never failed to send good words of cheer and liberal contributions to all our National conventions. Another branch of the worthy Snow family, from the town of Hamlin, has given us equally generous coadjutors in Mrs. Spofford and her noble sisters in Washington.
As early as 1857, Mrs. Anna Greeley and Miss Charlotte Hill of Ellsworth constituted themselves a committee to inaugurate a course of lyceum lectures in that town, taking the entire financial responsibility. Miss Hill was an excellent violinist and taught a large class of boys and girls, and also played at balls and parties, thus gaining a livelihood. Some of her patrons threatened that if she persisted in bringing such people to that town and affiliated with them, they would no longer patronize her. "Very well" she replied, "I shall maintain my principles, and if you break up my classes I can go back to the sea-shore and dig clams for a living as I have done before." Tradition says the lecture course was a success. She continued her classes and the neighbors danced as ever to her music.
Gail Hamilton, who resides in Maine at least half her time, is one of the most brilliant and pungent American writers, In denouncing the follies and failures of her sex, her critical pen has indirectly aided the suffrage movement by arousing thought upon all phases of the question as to what are the rights and duties of woman, though she. stoutly maintains that she is opposed to woman's enfranchisement.
In Portland there has always been a circle of noble men and women, steadfast friends alike of the anti-slavery, temperance and woman suffrage movements. The names of Mr. and Mrs. Oliver Dennett, Miss. Charlotte A. Thomas and Mrs. Ellen French ​Foster are worthy of mention. That untiring reformer, the Hon. Neal Dow, has clearly seen and declared in the later years of his labors, that suffrage for women is the short path to the advancement of prohibition.
The Hon. Thomas B. Reed has done us great service in congress as leader of the Republican party in the House, and member of the Judiciary Committee. His report, in 1884, on the submission of the sixteenth amendment has had an extended influence. It is an able argument, and as a keen piece of irony it is worthy the pen of a Dean Swift. In the Senate we have a fast friend in William P. Frye, who has always voted favorably in both houses on all questions regarding the interests of woman. In 1878, in presenting Miss Willard's petition of 30,000 for woman's right to vote on the temperance question, he made an able speech recommending the measure.
And in closing, the name of Maine's venerable statesman, Hannibal Hamlin, so long honored by his State in a succession of official positions from year to year, must not be forgotten. As chairman of the Committee on the District of Columbia in 1870 he presided at the first hearing of the National Woman Suffrage Association, listened with respect and courtesy, and at the close introduced the ladies to each member of the committee, and said "he had been deeply impressed by the arguments, and was almost persuaded to accept the new gospel of woman's equality." Mr. Hamlin's vote has always been favorable and we have no words of his recorded in the opposition.
Hon. James G. Blaine has generally maintained a dignified silence on the question. Thus far in his History, a reviewer says, "he has ignored the existence of woman"; but perhaps in his researches he has not yet reached the garden of Eden, nor taken cognizance of the part the daughters of Eve have played in the rise and fall of mighty nations.
Nevertheless in our prolonged struggle of half a century for equal rights for woman, we have found in every State the traditional ten righteous men necessary to save its people from destruction.
* ↑ Signed: President, Benj. Kingsbury, Portland; Secretary, E. R. French, S. Chesterville; Treasurer, William Deering Portland; ex officio, Gov. Sidney Perham, Secretary of State Geo. G. Stacy, Superintendent of Schools Warren Johnson; John B. Nealley, S. Berwick; Nelson Dingley, jr., Lewiston; J. S. Wheelright, Bangor; H. K. Baker, Hallowell; Mrs. C. A. L. Sampson, Bath; Mrs. James Fernald, Portland.
* ↑ Ann F. Greely, Sarah Jarvis, C. B. Grant, E. E. Tinker, A. D. Hight, M. J. Brooks, C. W. Jarvis, E. B. Jarvis, Rebecca M. Avery.
* ↑ Signed by John Neal, S. T. Pickard, Mrs. Oliver Dennet, Mrs. Eleanor Neal, Portland; J. J. Eveleth, mayor, Joshua Nye, Chandler Beal, William H. Libbey, George W. Quinby, William P. White-
* ↑ President, Benjamin Kingsbury of Portland; Secretary, Miss Addie Quimby of Augusta; Treasurer, Mra. W. K. Lancey of Augusta. Among the vice-presidents are the Hon. S. F. Hersey of Bangor, and John Neal of Portland. An Executive Committee was elected, which included John P. Whitehouse, Hon. Joshua Nye, Neal Dow, jr., and other leading citizens.
* ↑ Miss Louisa Coffin, Dalton; Miss Annie Lincoln, Mapleton; Miss Ada DeLaite, Littleton.
* ↑ The following officers were elected: President, Hon. Benjamin Kingsbury of Portland; Chairman Executive Committee, Hon. Joshua Nye; Corresponding Secretary, Mr. C. A. Quinby. Augusta; Recording Secretary, Mrs. W. D. Eaton, Dexter; Treasurer, Mrs, W. K. Lancey, Pittsfield.
* ↑ Those invited were Wendell Philips, Harriet K. Hunt, Caroline H. Dall and Susan B. Anthony.
* ↑ Mr. Reed's report is published in full in our annual report of 1884, which can be obtained of Susan B. Anthony, Rochester, N. Y.
* ↑ See page 104.