# History of Woman Suffrage/Volume 3/Chapter 55

Contents
CHAPTER LV.
LOUISIANA — TEXAS — ARKANSAS — MISSISSIPPI.
I. — Louisiana.
Mrs. Caroline E. Merrick has furnished the following interesting facts from her native State, for which we feel ourselves deeply indebted: Like the children of one family the States have a common resemblance, but they are various in character as in geographical outline. In Louisiana the Anglo-American finds himself side-by-side with inhabitants of French or Spanish descent, and in many of the country parishes the African freedmen outnumber all the rest. St. Anna's Asylum in New Orleans is controlled and managed by a board of directors composed entirely of women. Among the inmates in 1878 was a German woman who had resided in the institution for many years. Finding herself in ill-health and fearing the approach of the end, she confided to the ladies of the board that she had a thousand dollars in bank which she wished to bequeath to the home where she had been provided for and sheltered so long. At her earnest request a will was drawn up in accordance with her wishes, and signed by members of the board who were present as witnesses. Shortly after, the woman died and her will was submitted to the proper authority for admission to probate. When the ladies were duly informed that the will was null and void, they naturally asked why, and were told that under Louisiana law women were not lawful witnesses to a will. Had they only called in the old darkey wood-sawyer, doing a day's work in the asylum yard, and had him affix his mark to the paper, the money would have accrued to the asylum; as it was, it went to the State. Early in 1879, when a convention to make a new State constitution, in_put, out_put), in_put, out_put) ​had been called and was about to assemble in New Orleans, Mrs. Merrick tried to arouse the ladies of the board, representing to them that in the controlling power they exercised over St. Anna's Asylum they were only children playing they were a part of the people and citizens of the State, when in reality they were legally powerless to perform any free and independent act. The ladies were mortified by the position in which they found themselves but were not willing to take any step to remedy their pitiful case, not even to sign the petition which was afterwards drawn up by Mrs, Saxon and Mrs. Merrick to present to the constitution-makers to have these disabilities removed. The petition was as follows:
The undersigned, citizens of the State of Louisiana, respectfully represent:
That up to the present time all women, of whatever age or capacity, have been debarred from the right of representation, notwithstanding the burdensome taxes which they have paid.
They have been excluded from holding any office save in cases of special tutorships in limited degree, or of administration only in specified cases.
They have been debarred from being witnesses to wills or notarial acts, even when executed by their own sex.
They look upon this condition of things as a grievance proper to be brought before your honorable body for consideration and relief.
As a question of civilization, we look upon the enfranchisement of women as an all important one. In Wyoming, where it has been tried for ten years, the law-makers and clergy unite in declaring that this influx of women voters has done more to promote morality and order than thousands of armed men could have accomplished.
Should the entire franchise seem too extended a privilege, we most earnestly urge the adoption of a property qualification, and that women may be allowed a vote on school and educational matters, involving as they do the interests of women and children in a great degree.
So large a proportion of the taxes of Louisiana is paid by women, many of them without male representatives, that in granting consideration and relief for grievances herein complained of, the people will recognize justice and equity. To woman as well as man taxation without representation is tyranny," she being a person, a citizen, a freeholder, a tax-payer,'" the same as man, only government has never held out the same fostering, protecting hand to all alike, nor ever will, until women are directly represented.
While this petition was being circulated, favorable articles appeared from time to time In the public prints. The following, signed "Fatima," the nom de plume of Clara Merrick Guthrie, appeared in the Democrat:
If the convention should invest women of property with the elective franchise it
​would give to the respectable side of politics a large body of sensible voters which would go far toward neutralizing the evil of unlimited male suffrage. The policy in the Northern States has been to demand unrestricted suffrage, but the women of Louisiana may with propriety exhibit certain variations in the nature of their appeal. This subject in all its phases inspires my enthusiasm, but I dare not be as eloquent as I might, lest a messenger should be sent to me with an urgent request to address the convention next Monday evening. * * * *
After securing over 400 influential names the petition was sent in to . the convention and was referred to the Committee on Suffrage, Mr. Felix P. Poché, chairman, now judge of the Supreme Court. On May 7, the committee invited the ladies to a conference at Parlor P, St. Charles Hotel. Mr. and Mrs. Saxon, Colonel and Mrs. John M. Sandige and Mrs. Mollie Moore Davis were present. Mrs. Saxon spoke for an hour and replied to questions from the committee. She made a very favorable impression and was highly commended for her argument. On June 16 the friends of the petition were notified that a hearing would be granted them at the evening session of the convention. Mrs. Harriette C. Keating and Mrs. Elizabeth L. Saxon had consented to speak if such a hearing were granted.
Col. John M. Sandige, who had occupied prominent positions in the political affairs of the State, gave much encouragement and assistance. He did not hesitate to urge the importance of this movement, and the necessity that the women who were most interested should cheerfully assume their responsibility in relation to it. While Mrs. Saxon was known already as a fearless and able reformer, and Dr. Harriette C. Keating as a noble representative of woman in professional life, he thought it was desirable to have a voice from the home and from society, and Mrs. Caroline E. Merrick was solicited to come forward and endorse what her col​leagues would say, in a few words at the close of the proceedings. Mrs. Merrick finally agreed that she should see her duty in the light in which it was presented if Judge Merrick, who constituted her court of last resort, should leave her entirely free to act in the case. After a consultation, to her great surprise and consternation the judge said, "You have always desired to help women—here is an opportunity; go forward and do your share in this work."
The surprise could hardly have been greater if a procession of slaves twenty-five years ago had come up in force to the lordly mansion of their master with several spokesmen chosen from their ranks, for the avowed purpose of asking for their freedom. The ladies were treated with a delicate courtesy and kindness on this unusual occasion, which they can never forget. Judge Poché, with the tact of a true gentleman, endeavored to smooth a difficult way, reassuring the failing courage of the ladies while assisting them to mount the platform. The Daily Picayune of June 17, 1879, said:
Promptly at 8 o'clock President Wiltz climbed to his seat and called the convention to order in a tone slightly husky from nervous excitement. Secretary Harris, having summoned up his spare courage, called the roll in a determined voice. Of the 134 members 106 responded to their names. After the usual preliminaries Mr. Poché announced that a committee of ladies were in attendance, prepared to address the convention upon the question of woman suffrage. He then introduced Mrs. Dr, Keating. The fair speaker had scarcely begun before it was seen that she possessed a clear, slow enunciation and perfect confidence in her ability to enforce the doctrines of the cause she was to advocate. She read from manuscript and showed no little knowledge of the rules of oratory.
Mrs. Saxon was greeted with a burst of applause, which was gracefully acknowledged by the recipient; her address was earnest and made a deep impression.
Mr. Robertson of St. Landry then offered the following resolution, which lies over under the rules:
Resolved, That the committee on elective franchises be directed to embody in the article upon suffrage reported in this convention, a provision giving the right of suffrage to women upon the same terms as to men.
After some talk the resolution was laid aside to allow another speech to be made. Mrs. E. T. Merrick was introduced by Mr. Poché, as the wife of ex-Chief-Justice Merrick, and a shower of applause followed the appearance of the lady. She said:
President and Delegates of the Convention:—We have met with such unexpected kindness in the reception which you have accorded us to-night, that we find it hard to give expression to anything but thanks. When we remember the persistent and aggressive efforts which our energetic sisters of the North put forth before they could obtain a hearing before any legislative assembly, we find ourselves lost in a pleasing ​astonishment at the graciousness which beams upon us here from all quarters. Should we even now be remanded to our places and have our petitions met with an utter refusal, we should be grieved to the heart, we should be sorely disappointed, but we never could cherish the least feeling of rebellious spite toward this convention of men, who have shown themselves so respectful and considerate toward the women of Louisiana.
Perhaps some of the gentlemen thought we did not possess the moral courage to venture even thus far from the retirement in which we prefer to dwell; perhaps they thought we would not dare to appear in person before this formidable body and speak for our own cause. Be assured that a resolute and conscientious woman can put aside her individual preferences at the call of duty, and act unselfishly for the good of others. You are our witnesses that we have not wearied you by our importunities, nor have we sought in any disingenuous manner to influence you in our favor. We are simply here in response to your own courteous invitation to explain our ideas and opinions on the great question of woman's enfranchisement. The ladies who have already addressed you have given you our arguments, and in eloquent language have made their appeal, to which you could not have been insensible. It only remains for me to give you some of my own individual views in the few words which are to conclude this interview.
We assure you we are not cherishing any ambitious ideas of political honors and emoluments for women, We do not wish to become governors or legislators, nor have we any inordinate desire to obtain seats in congress. I have seen but one woman who ever expressed even a wish to be president of these United States. But we do ask with most serious earnestness that you should give us the ballot, which has been truly called the expression of allegiance and responsibility to the government. All over the world this same movement is advancing. In many countries earnest, thoughtful, large-hearted women are working day and night to elevate their sex; to secure higher education; to open new avenues for their industrious hands; trying to make women helpers to man, instead of being millstones round his neck to sink him in his life struggle. Ah, if we could only infuse into your souls the courage which we, constitutionally timid as we are, now feel on this subject, you would hasten to perform this act of justice, and inaugurate the beginning of the end which all but the blind can see is surely and steadily approaching. We are willing to accept anything. We have always been in the position of beggars, as now, and cannot be choosers if we wished. We will gladly accept the franchise on any terms, provided they be wholly and entirely honorable. If you should see proper to subject us to an educational test, even of a high order, we should try to attain it; if you require a considerable property qualification, we would not complain. We would be only too grateful for any amelioration of our legal disabilities. Allow me to ask, are we less prepared for the intelligent exercise of the right of suffrage than were the freedmen when it was suddenly conferred upon them? Has not this right been to them a beneficial stimulant, inducing them to use exertions to promote their improvement, and has it not raised them to a superior place, above the disfranchised classes, such as the Chinese, Indians and women?
Perhaps you think only a few of us desire the ballot. If that were so, we think it would not be any sufficient reason for withholding it. In old times most of our slaves were happy and contented. Under the rule of good and humane masters, they gave themselves no trouble to grasp after a freedom which was beyond their reach. So it is with us to-day. We are happy and kindly treated (as witness our reception here to-night), and in the enjoyment of the numerous privileges which our chivalrous gentlemen are so ready to accord; many of us who feel a wish for freedom, do not venture even to whisper a single word about our rights. For the last twenty-five years I have occasionally expressed a desire to vote, and it was always received as a matter of surprise, but the sort of effect produced was as different as the characters of the individuals with whom I conversed. * * * *
Gentlemen of the convention, we now leave our cause in your hands, and commend it to your favorable consideration. We have pointed out to you the signs of the dawn​ing of a better day for woman, which are so plain before our eyes, and implore you to reach out your hand and help us up, that we may catch the first glimpse of its glory before it floods the world with noon-day light.
Col. John M. Sandidge read a letter from Mrs. Sarah A. Dorsey:
June ii, 1879.
Mr. President and Gentlemen of the Convention:—Too weak from recent illness and suffering to appear personally before you by the side of the women of Louisiana who are asking for the privilege and responsibility of political suffrage, I am forced to use this mode of indorsing their movement.
Being left by the fiat of God entirely alone in the world, with no man to represent me, having large interests in the State and no voice either in representation or taxation while hundreds of my negro lessees vote and control my life and property, I feel that I ought to say one word that may perhaps aid many other women whom fate has left equally destitute. It is doubtful whether I shall rise from my couch of pain to profit by the gift should the men of Louisiana decide to give the women of the State the right which is the heritage of the Anglo-Saxon race— repesentation for taxation. But still I ask it for my sisters and for the future of the race. We women of Louisiana have always been treated before the law as civil partners of our husbands. In every respect our rights have been protected.
It needs but one more step to make us civilly free, and this we ask you to embody in your new constitution. Many men are not opposed to the fact of female suffrage, but to its mode at present; that could be corrected, and women need not be exposed to the coarseness and strife of the polls as they are now conducted. There is no man among you who does not believe his wife or his daughter intelligently capable of taking a voice in the government. If my lessees are capable of being citizens of Louisiana, it is because for thirty years of my life and for five generations of my ancestors we have interested ourselves in their civilization and in their instruction. Gentlemen, we ask nothing that would unsex ourselves. We do not expect to do man's work; we can never pass the limits which nature herself has set. But we ask for justice; we ask for removal of unnatural restrictions that are contrary to the elemental spirit of the civil law; we do not ask for rights, but for permission to assume our natural responsibilities.
Praying that the hearts and minds of the men of Louisiana may be moved toward this act of justice, I am, with profound respect, your obedient servant,
Sarah A. Dorsey.
The Webster Tribune, Mr. Scanland, editor, of June 25, 1879, shows the sensation created in the remotest parishes of Louisiana by this hearing before the convention:
When the new constitution finally went forth, it contained, as the result of all our arguments and appeals, but one little concession:
Judge I. F. Marshall of Catahoula parish, an accomplished gentleman and able lawyer, suggested this article, and it was presented and championed by Hon. F. L. Claiborne of Pointe Coupée. The women of Louisiana have never realized any advantage from this law. All school offices are filled by appointment of the governor, and there was no serious agitation for the enforcement of this clause in the new constitution until the autumn of 1885, when, in response to the demand that women should be appointed on the school-board of New Orleans, Gov. McEnery, through a correspondent of the Times-Democrat, gave his opinion as follows:
More than eighty thousand children attend the public schools in Louisiana, and of this number one-half are girls, and of the 389 teachers employed in the public schools of New Orleans, 368 are women. It cannot be denied that these are of equal concern and importance to the State with any like number of boys and men, nor does it require any argument to prove that mothers are best qualified to superintend and look after the welfare of their own children. In view of this fact the convention of 1879 embodied the following article in the constitution of the State:
Article 232. Women 21 years of age and upward shall be eligible to any office of control or management under the school laws of this State.
Notwithstanding the absolute right conferred by this article on women over twenty-one years of age, the chief executive of the State, with his present views, is apparently unwilling to make any appointment of women to such management without further legislation. The views of the Governor on all questions are always entitled to great respect. The question is one of interpretation, and many of the best lawyers in Louisiana do not hesitate to hold and declare a different view.
I am told that there are in the various constitutions of the States and general government two classes of provisions, the one self-executing and absolute, and the other requiring legislative action before they can be exercised. For example of the first class, article 59 of the constitution declares that "the supreme executive power of the State shall be vested in a chief magistrate, who shall be styled the Governor of Louisiana." Nobody would ever undertake to say that the governor was dependent on any more legislation to carry this into effect so as to enable him to fill his office. If he were, it would then become necessary to legislate about every other article, and so the constitution would be worthless, everything being required to be done over by the legislature before the constitution could have any effect.
Article 232 of the constitution is imperative. It declares that women over twenty-one years of age shall be eligible to any office of control or management under the school laws of the State. Can the legislature repeal or modify this mandate? Of course not. Could the absoluteness of this right be expressed in plainer or more energetic terms? No, indeed. We are told and have been made to understand that it is a right conferred by the constitution of the State, which cannot be defeated or enlarged, or even abridged in any way by the legislature; neither by modification, repeal, or inaction. That this article being paramount law, itself repeals all legislation inconsistent with it. The constitution, I am told, prescribes the legal and other qualifications for our judges of the courts. Nobody ever thought legislative action was needed when their qualifications are according to that instrument, to enable them to take their places on the bench.
Article 185 of the constitution prescribes the qualifications of voters or electors, and we are instructed that all conflicting laws on that point are annulled by the sovereign will of the people in convention assembled. In fact, good lawyers have given us innumerable examples, illustrations and decisions to this effect; and even women, who are for the most part ignorant of the laws of their State, begin to understand that they have a right to a place on the school-board for some one of their own sex here in Louisiana. True, it has been said that there are other articles which are in conflict with article 232, but we are told the other provisions of the constitution relate to other and more general subjects, and on this very subject the framers of the constitution have in very positive and unmistakable terms declared its precise will, and it is wasting time to try to explain it away. These wise jurists do not fear to tell us further, that special ​laws or provisions in a constitution or statute abrogate or limit the general provisions in the same instrument.
We are sorry that our governor apprehends any difficulty would arise in regard to married women being school directors, He says the husband might change his domicile and the wife would be obliged to follow him, and if bond were required she could not sign it without his consent, and finally the fact was she could not do anything without the husband's consent. Then "the husband would share the office with her." I have heard that it was difficult to prevent outside influences from operating upon the minds of men in office. We have certainly heard some complaints of this sort, but it seems that there would be no great danger encountered from this source. The duties which this article of the constitution permits women to perform are not generally remunerative, and would be probably more a labor of love than of reward. As to the other objections, perhaps the husband would sign his wife's bond, and perhaps he would #of move away while she held the office. I have heard that sheriffs sometimes run away after giving bond, and people are sometimes elected to office and unable to qualify, and others disappoint the public by resigning. Moreover we have ascertained the fact that a tutrix may subsequently marry, and that act does not prevent her from filling the office of tutrix, neither does the fact of being already married prevent her from discharging the duties of tutrix. But I see no harm done if the husband should become the assistant of his wife in this office. Is it not manifest that the two together would have a superior official knowledge of the needs and exigencies of the girls sent to the public schools and the women who teach them daily, than the husband could possibly attain by himself? But the whole difficulty, it seems to us, might be obviated. Let the governor appoint unmarried women. A woman who has been so unfortunate as to be a widow would not be objectionable.
The article says: "Women over twenty-one years shall be eligible" to these offices. It does not say the legislature may make them "eligible." By its own inherent force it declares them eligible. If they are really eligible, then why not have them selected and appointed? They have every requisite for the office, and as the dictionary says, are "proper to be chosen." They are "qualified to be elected." They are "legally qualified." They are eligible. It is not at all likely that the legislature will ever do the vain thing of affirming a constitutional right so explicitly given.
Our legislature passed a law requiring physiology to be taught in the public schools, while the vast majority of the teachers of the State are women, and no college in which that science is taught is open to them. In 1885, Dr Chaillé gave a course of free lectures on physiology and anatomy for the benefit of the New Orleans teachers, who, while they are doing ​the most important public work in training the rising generation in the rudiments of learning, are denied the advantages of the higher education that would fit them for the duties of their profession. A fitting precedent for the action of our rulers may be found in Shakespeare's, "Titus Andronicus," in which rude men seize the king's daughter, cut out her tongue and cut off her hands, and then bid her go call for water and wash her hands.
The State Pharmaceutical Association, formed in 1882 with 110 members, unanimously elected Miss Eliza Rudolph a member. Miss Rudolph was then the only woman in the drug business. Having been refused admission to the medical college of the State University, she perfected herself in pharmacy by a course of private lectures. In 1884 she was elected corresponding secretary of the association.
The Daily Picayune, in closing its half-century, gives the following of Mrs. E. J. Nicholson, its chief owner and manager since January, 1876:
Mrs. Martha R, Field is a member of the editorial staff of the Picayune. She has charge of the Sunday woman's column, besides her regular column over the nom de plume of Catherine Cole.
The Times-Democrat is owned by Mrs. Burke, who however leaves its management to her husband, Col. Burke. Miss Bessie Bisland, under the name of B. L. R. Dane, contributes to the Sunday paper, and edits the "Bric-a-Brac column" which consists of criticisms and reviews of the leading magazines. This paper boasts the most clever "Society column" in the country; it is edited by Mrs. Jennie Coldwell Nixon who is now, 1886, superintendent of the Woman's Department of the Exposition. ​Mrs. J. Pinkney Smith edits the "Social Melange" of the States. Among the regular Sunday contributors are Miss Corrinne Castillanos, who buzzes as the Society Bee, and Mrs. Mollie Moore Davis, known as the "Texas Song Bird." Mrs. Ada Hilderbrand, editor of the Courier at Gretna, did the printing for the Woman's Exposition.
New Orleans has a Woman's National Press Association of which Mrs, E. J. Nicholson is president; a Christian Woman's Exchange, Mrs. R. M. Wamsley, president, doing a business of $45,000 a year, a Southern Art Union and Woman's Industrial Association, with Mrs. J. H. Stauffer and others on the auxiliary executive committee, and a Woman's Club, originated by Miss Bessie Bisland who was the president of the club for the first year, 1885.
The laws of Louisiana relating to women have been given by Judge E. T. Merrick, a well-known legal authority and for ten years the chiefjustice of the Supreme Court of the State:
Art. 2,325. In relation to property, the law only regulates the conjugal association in default of particular agreements, which the parties are at liberty to stipulate as they please, souls! they be not contrary to good morals and under the modifications hereafter prescribed.
The parties are also "prohibited from derogating from the power of the husband over the person of his wife and children which belongs to the husband as the head of the family, or from the rights guaranteed to the surviving husband or wife" (C. C., Art. 2,327).
If the parties adopt the dotal regime in their marriage contract the dotal effects are (except under some circumstances) inalienable during marriage; and at the dissolution of the marriage, they are to be replaced or returned to the wife, or her heirs, and to secure this, the wife has a mortgage on her husband's lands, and a privilege on his movables, including those of the community (C. C., Art. 2376; Art. 2347). "The dower is given to the husband, for him to enjoy the same as long as the marriage shall last." Strong as is this language, the dowry is given by the wife or her father or mother or other relations or friends, simply to support the marriage.
Under the regime of the community, the individual property of the husband or wife, and all property either may acquire afterwards by inheritance or donations re-remain separate property. The conjugal partnership is defined by C. C., Art. 2402. "This partnership, or community, consists of the profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and the estates which they may acquire during marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even should the purchase be in the name of one of the two, and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase."
During the marriage the husband has the management of the community, and he can sell or exchange the same, but he cannot give away the real estate without binding his estate to recompense the wife or her heirs, for the one-half so given away. All the income of his estate must enter into the community. On the other hand the wife may at her pleasure take her own estate from the management of the husband into her own control and discretion (C. C. 2384). But in this contingency she must contribute to the family expenses (C. C. 2389 and 2435).
If the affairs of the husband become embarrassed, the wife can sue the husband for a separation of property, and get a judgment against him for all indebtedness, on account of money or property used or disposed of by him, and sell him out under execution, and buy in the property herself if she sees fit. Thus she stands in a more favorable position toward the community than the husband, who is bound for all its debts, for she can stand by and choose. If the community becomes prosperous, she has the absolute right, as owner, to one-half of it after payment of debts, and a right to the income of the other half until she dies, or marries a second time.
By causing her claims on account of her separate or paraphernal estate to be recorded, she secures a mortgage against her husband's lands and the lands of the community. If a husband or wife dies affluent, leaving the survivor in necessitous circumstances, the latter can claim one-fourth of the estate of the deceased. This is called "the marital fourth." The wife, also, if she or the children do not possess one thousand dollars in their own right, can claim as a privilege and against the creditors, one thousand dollars, or a sum which, with her own estate, shall equal that amount.
The wife cannot appear in court, or dispose of, or mortgage, or acquire real estate, without the consent of the husband, but the judge of the court of the domicil may authorize the wife to sue, or be sued. If the husband refuses to empower the wife to contract, she may cite him into court and have the property of the proposed contract settled by an order of the judge. The wife has full power to make a will without any authorization from her husband or the court.
​Art. 119. The husband and wife owe to each other mutual fidelity, support and assistance.
Art. 120. The wife is bound to live with her husband, and follow him wherever he chooses to reside; the husband is obliged to receive her, and furnish her with whatever is required for the convenience of life in proportion to his means and condition.
One day in 1842, the New Orleans Delta had this item: "Myra Clark Gaines argued her own case in court in this city; the only instance of a lady appearing as counsel in the courts." Mrs. Gaines was a remarkable woman. She carried on a suit for many years against the city of New Orleans to recover property that belonged to her, and, through untold difficulties and delays, triumphed at last. She preserved her youth, beauty and vivacity until late in life. All who knew her can readily recall her bright, sparkling face, and wonderful powers of conversation. In her long experience in litigation, she became well versed in the laws regarding real estate and the right of descent. Mrs. Gaines was a generous woman and did not desire to rob the poor; to many such she gave a quit-claim title to the property which she had secured under her suits.
In 1869, the New Orleans Republican had an excellent editorial fully endorsing the demand for woman's enfranchisement. In 1870 the Livingston Herald, published in Ponchatoula parish, by J. O. and J. E. Spencer, advocated suffrage for women.
In 1874, the secretary of the treasury rendered a decision that when a woman owns a steamboat she may be named in the papers as the master of the same. This decision, despite the opposition of Solicitor Raynor, received confirmation in case of Mrs. Miller, in 1883, from Secretary Charles J. Folger.
II. Texas.
In the adoption of the first constitution of Texas, woman had some representatives in the convention to remind the legislators of that State of her existence, and to demand that the constitution be so framed as to secure the right of suffrage alike to both sexes. On the resolution of Mr. Mundine, to extend suffrage to women, in the constitutional convention of Texas, January, 1869, Hon. L. D. Evans said: ​I do not favor the adoption of this measure at the present time, because the country is not yet prepared, yet it is entitled to our respectful consideration—therefore I thank the convention for allowing me the opportunity to state the ground on which the friends of woman suffrage place their advocacy, so far as I may be able under the five-minute rule. It does not comport with the dignity of a representative body engaged in forming a constitution of government to thrust aside the claim of woman to the right of suffrage,—a claim that is advocated by some of the ablest statesmen and political philosophers of Europe and America, and is destined to a sure and speedy triumph.
Aristotle, the profoundest thinker of antiquity, in his treatise on politics, defines a citizen to be "one who enjoys a due share in the government of that country of which he is a member." If he does not enjoy this right, then he is no citizen, but a subject. Every citizen, therefore, is entitled to a voice—a vote—a due share in the government of his country. I am aware that the courts and politicians in democratic America have not so defined citizenship. The reason is that politics is not yet a positive science, and they have failed to analyze this question. Had they a clear conception of the constituent elements—the anatomy, so to speak, of the body politic, they would perceive that suffrage—a voice in the government—is an essential condition of citizenship. Aristotle, in his treatise, which is perhaps the ablest yet given to the world, pointed out that families, not individuals, are the constituent units of a State.
A family—a household—exists and is held together by natural laws, independent of the State, and an aggregation of these constitute the State. The head of the family, whoever that may be, according to its structure, is the representative in the State. All the constituent members of the family, consisting, in its most perfect form, of husband, wife, children and domestics, are subject to the authority of the head, and have no voice, no vote, no share in the government, except through their head or representative. In societies where the common law obtains, which in this respect is a transcript of the Bible, the wife, like the child, is subordinated to the authority of the husband, and on principle, has no voice, no vote. On the decease of the husband, the widow becomes the head of the family, and on principle is entitled to a voice, a vote. But in countries where the civil law governs, the wife is the partner, and not the subject of her husband, and on principle ought to have her due share in the government.
When the children in a family, whether male or female, attain the age fixed by law for the control of their own affairs, and do control them, they are free, independent, and on every principle are entitled to a due share in the government—to a vote. Every member of society who is free and independent—capable of managing his own affairs, or making his own living, and does make it, should have the same right of choice in the selection of his political agents that he has to select his legal or business agents. But all persons, no matter from what cause, who are unable to maintain themselves, and are dependent for their support upon others, are incapable of any share in the government, and should have no voice—no vote. As soon as the principle of citizenship comes to be thoroughly understood, woman suffrage must be adopted throughout the United States, in England, and in every country where representative government exists.
The Revolution of August 20, 1868, said:
We have received from Loring P. Haskins, esq., a delegate to the convention, the following excellent report and declaration made and signed by a majority of the committee to whom the subject of woman suffrage was referred. We need scarcely bespeak attentive reading:
July 30, 1868—Introduced and ordered to be printed.
Committee Room, Austin, Texas, July 10, 1868.
A majority of your Committee on State Affairs, to whom was referred the declaration ​introduced by the Hon. T. H. Mundine of the county of Burleson, to extend the right of suffrage to all citizens of the State over the age of twenty-one years, possessing the requisite qualifications for electors, have examined with much care said declaration and considered the object sought to be accomplished, and have arrived at the conclusion that said declaration ought to be a part of the organic law.
It was said by George Washington that the safety of republican government depends upon the virtue and intelligence of the people. This declaration is not a new theory of government for the first time proposed to be made a part of our republican institutions. The idea of extending the elective franchise to females has been discussed both in Great Britain and in the United States, Your committee are of the opinion that the true base of republican government must ever be the wisdom and virtue of the people.
In this State our system of jurisprudence is a combination of civil and Spanish law, intermixed with the common law of England; and this peculiar system, just in all its parts for the preservation of the rights of married and unmarried women, is likely to be continued. The time was when woman was regarded as the mere slave of man. It was believed, in order to perpetuate the pretended divine right of kings to rule, that the mass of the people should be kept in profound ignorance and that woman was not entitled to the benefits of learning at all. It is not remarkable that as the benign principles of Christianity have been promulgated, free government has steadily progressed and the divine rights of woman have been recognized.
The old constitution of the republic of Texas, the constitution of the State of Texas of 1845, the laws enacted for the protection of married women, the many learned decisions of the Supreme Courts of Texas and Louisiana, and other courts, clearly indicate that the march of intelligence is onward and that our advanced civilization has approximated to the period when other and more sacred rights are to be conceded. Is it just that woman, who bears her reasonable portion of the burdens of government, should be denied the right of aiding in the enactment of its laws?
The question of extending the freedom of the ballot to woman may well claim the attention of the law-maker, and in view of the importance of the subject a majority of your committee earnestly recommend the passage of the declaration.
H. C. Hunt, Chairman, :
| T. H. Mundine, | Benj. Watrous, |
| Wn. H. Fleming, | L. P. Harris, |
A DECLARATION.
The Woman's Journal of December 4, 1875, contains a letter from Mrs. Sarah W. Hiatt, who presented a memorial to the constitutional convention. The memorial was referred to the Committee on Suffrage. In regard to the effect, she says:
Thus you see that, so far as the action of this convention is concerned, our cause is defeated. Yet I do not feel discouraged. I think there is hardly a State in the Union that has such just and excellent laws concerning the property rights of women as Texas. There is also great liberality of sentiment here concerning the avocations of women. But the right of women to the ballot seems to be almost a new idea to our people. I have never lived in a community where the women are more nearly abreast of the men in all the activities of life than here in this frontier settlement. In our State a woman's property, real or personal, is her own, to keep, to convey, or to bequeath. The unusual number of widows here, due to the incursions of the Indians during and since the war, has made the management as well as the ownership of property by women so common a thing as to attract no notice. I might give interesting instances, but that would take time, and my point is this, that the laws which have enabled, and the circumstances which have driven women to rely upon and to exert themselves, have been educational, not only to them, but also to the community. The importance of this education to the future—who can measure it? It is true that many of them can neither read nor write, but in this the men are not in advance of them. It as often happens that the woman can read while the man cannot, as the reverse. And they are almost universally resolved that their children shall not grow up in the ignorance that has been their portion. If the women could vote, our convention would not think of submitting a constitution that did not secure to the State a liberal free school system.
The legislature of 1885, after a hard struggle, enacted a law making it compulsory on the heads of all departments to give at least one-half of the clerical positions in their respective offices to women. The action has extraordinary interest, and is regarded as a victory for the woman's rights party. Mrs. Jenny Bland Beauchamp of Dennison writes:
Texas claims to be a woman's State, in that her laws are unusually just and lenient to women. A woman who has property at marriage can keep it. She can even claim any property that she can prove was bought with ​that money. The wife is entitled to half the community whether she owned any of the original stock or not. She has a life interest in the homestead; no deed of trust can be put upon it, nor can it be mortgaged. It can only be conveyed from her by actual sale with her written consent. Under our latest revised statutes women have the right of suffrage, but have never exercised it; nor is the subject agitated to any great extent.
Three years ago, when the State University was built, it was decided that it should be coëducational, and young women are now being educated there side by side with young men. Texas has many liberal men and women. It is generally remarked that the women of the State are better educated than the men.
Miss Julia Pease, a Vassar graduate and daughter of the late ex-Governor Pease, has charge of 6,000 acres of land. She lives in the family mansion at Austin with her mother, and in addition to her other duties superintends the education of the three children of her deceased sisters.
Mrs. Rogers, the "cattle queen" of Texas, inherited from her first husband a herd of 40,000 cattle. The widow managed the business, and in due time married a preacher twenty years younger than herself, who had seven children. She attends to her estate herself, rides among her cowboys on horseback, and can tell just what a steer or cow is worth at any size or age.
The largest individual sheep-owner is a woman, known all over the State as the "Widow Cullahan." Her sheep, more than 50,000 in number, wander over the ranges of Uvalda and Bandern counties, in the southwestern part of the State. Their grade is a cross between the hardy Mexican sheep and the Vermont merino. They are divided into flocks of 2,000 head each, with a "bossero" and two "pastoras" in charge of each flock. At the spring and fall shearings long trains of wagons transport the "widow's" wool to the market at San Antonio.
Texas has two female dentists. Mrs. Stocking is one of the most successful dental surgeons in the State. The other, Miss Emma Tibler, went from Kentucky to Texas for the purpose of teaching. Finding this profession full, she studied dentistry and is now a successful practitioner of Cleburne.
The youngest telegrapher in the world is probably Hattie Hutchinson, in charge of an office in Texas. She is only ten years old.
III.—Arkansas.
Under date of March, 1868, Miles L. Langley writes from Arkadelphia, Arkansas, in regard to the efforts for equality in the constitutional convention:
Arkadelphia, Ark., March 5, 1868.
Susan B. Anthony—Dear Friend: With a sad heart but an approving conscience, I will give you some information relative to the action of our constitutional convention on the franchise question.
The new constitution—a copy of which I send you—makes no difference between men, on account of race or color and contains other excellences; but alas! it fails to guarantee to woman her God-given and well-earned rights of civil and political equality.
I made a motion to insert in the constitution a section to read thus: "All citizens twenty-one years of age, who can read and write the English language, shall be eligible to the elective franchise, and be entitled to equal political and legal rights and privileges." The motion was seconded ​and I had the floor, but the House became so clamorous that the president could not restore order, and the meeting adjourned with the understanding that I was to occupy the floor next morning. But next morning, just as I was about to commence my speech, some of the members tried to "bully" me out of the right to speak on that question. I replied that I had been robbed, shot, and imprisoned for advocating the rights of the slaves, and that I would then and there speak in favor of the rights of women if I had to fight for the right! I then proceeded to present arguments of which I am not ashamed. I was met with ridicule, sarcasm and insult. My ablest opponent, a lawyer, acknowledged in his reply that he could not meet my argument. The motion was laid on the table.
The Democrats are my enemies because I assisted in emancipating the slaves. The Republicans have now become my opponents, because I have made an effort to confer on the women their rights. And even the women themselves fail to sympathize with me.
Very respectfully,Miles L. Langley.
They tell us that women are not fit for politics. This may be true; and as it is next to impossible to change the nature of a woman, why wouldn't it be a good idea to so change politics that it shall be fit for women?
In 1885, Arkansas formed its first woman suffrage society at Eureka Springs through the efforts of Miss Phœbe Couzins, Mrs. Lizzie D. Fyler, president. The association numbers some fine speakers. The press is not in opposition, one or two papers favor the cause.
Misses Pettigrew and Sims have been elected clerks of the legislature. Several other ladies were candidates for the positions, and the contest was quite exciting. Mrs. Simonson and Miss Emily Thomas are members of the board of directors of a lumber company at Batesville, and Miss Thomas is also bookkeeper of the firm.
A very able report of what has been done in Arkansas for the elevation of woman was presented by Mrs. Lizzie D. Fyler at the annual Washington convention in March, 1884.
IV.—Mississippi.
Mississippi secures to a married woman her own separate estate, and enables her to contract with her husband, or others, and carry on business in her own name. She may sue her husband, or others, and be sued, and has practically most of her civil rights; but her political rights are denied as in all other States.
In 1877 a law was passed by which henceforth no one can legally sell liquor in Mississippi unless he can obtain the written consent of a majority of the adult citizens of both sexes resident in the township.
The Mississippi Industrial College for Women held its formal opening October 22, 1885, at Columbus. Students had come from all parts of the State. More than 300 had already entered. The occasion was a brilliant
Miss Lilian Light, the eight-year-old daughter of Mr. Jere Light of Hayneville, when only five or six years old began to make figures in clay, and now (1885) has a large collection of mud cats, hogs, dogs, cows, horses, and men. The figures are declared to be not childish imitations, but remarkably acute likenesses. Her best piece represents a negro praying, and is said to be very clever.
Miss C. F. Boardman of Elmore's Point, two miles from Biloxi, on the Bock Bay, has received the chief premiums awarded for oranges grown on the Gulf coast outside of Florida. This lady has 1,000 bearing orange trees of the choicest varieties, and has devoted her attention to the production of these and other tropical fruits, with great success. She came to the South for health a few years ago, and has not only found that, but has established for herself a pleasing and profitable industry in fruit culture. Her oranges were exhibited among numerous fine competing specimens, and were chosen for high excellence.
Miss Eliza A. Dupuy for many years contributed copiously to Mr. Bonner's Ledger. Miss Dupuy, who was descended from prominent Virginia families, was in her youth a teacher. The first story written by her was produced when she was only fourteen years old. More fortunate than the majority of authors, she leaves behind her a considerable sum earned by her ever-busy pen.
Mrs. Sarah A. Dorsey was perhaps the most remarkable woman that Mississippi can boast. She was the niece of Mrs. Warfield, the author of the "Household of Bouverie," who had great influence in forming her literary tastes. The New Orleans Monthly Review contains many able articles on abstruse questions from her pen. One, in the February number for 1876, on the "Origin of the Species," is exceptionally able and interesting. It was read in October, 1875, before the New Orleans Academy of Sciences by Mrs. Dorsey herself. This article shows extensive reading in scientific questions. She was made corresponding member of the Academy, an honor she appreciated more highly for her sex than for herself. She was a large-souled, noble woman, devoted to what she considered Southern interests. She bequeathed to Jefferson Davis the estate, called Beauvoir, on which he now resides.
* ↑ Emily P. Collins of Ponchatoula, Louisiana, wrote Miss Anthony: "Our State is to form a new constitution this spring. I feel that now if ever is the time to strike for woman's emancipation. 'We the people,' includes women as well as men, and regardless of former legislative enactments we should be allowed to vote and be voted for as delegates to the constitutional convention. If I only had some one to aid me, or had your moral courage, I would proclaim myself a candidate for the constitutional convention. The colored people ought to sustain me for I have ever been their steadfast friend, and they themselves owe their emancipation chiefly to women. They cannot elect a colored man here, but could I have their support I have personal friends enough to secure my election. The parish ought to be stumped in support of some candidate whose efforts should be pledged to the insertion of a clause in the new constitution to prohibit future legislatures making sex a qualification for voting."
* ↑ The following letter from Mrs. Saxon to Mrs. Minor gives the reason why she could not be present at the National Convention held in St. Louis:   "Almost entirely unaided I have gained 300 names in five weeks, Among them two Presbyterian ministers, wives of three others, seven of the most prominent physicians, all of the city administrators, two distinguished judges, several lawyers and many leading business men. I have begged Mrs. Emily P. Collins to urge upon the Association to meet here next year. I feel that now and before this convention is our most important work, so I must stay and try and influence the members all in my power. I was unaware of the action I was to take here, and if I get before the convention it will not be before the morning of the 7th, or I would come anyway as I have been offered a free passage by both rail and river. Mrs. Collins was with me for a few days and will assure you of my untiring efforts in the cause here. God knows I would be willing to buy fifteen minutes before the whole convention, the day they vote on that bill, by the sacrifice of my life; for remembering the grand women I have seen sacrificed along life's path, I think from their memory a power and eloquence would spring that might win hearts of steel and force justice to women from them. I will write again in a few days and report progress.   "Very sincerely your friend,E. L. Saxon."   "May 5, 1879."
* ↑ Of her speech Mrs. Merrick writes: "Fearing that I could not be heard, I proposed to my son-in law, Mr. Guthrie, that he should read it for me, but Mrs. Saxon objected, saying, 'No matter if they do not hear a word you say! You do not wish a man to represent you at the polls; represent yourself now, if you only stand up and move your lips.' 'I will,' said I, 'you are right.'—[Editors.
* ↑ The Claibornes are a distinguished Virginia family, but belong to the history of Mississippi and Louisiana since territorial times. Mr. Claiborne now regrets that he did not go farther, for he is satisfied that women may be trusted with powers that have long been withheld. He says he was led to reflect seriously on the subject by the able addresses of Mrs. Keating, Mrs. Saxon and Mrs. Merrick, who made a profound impression on the convention.
* ↑ The officers of the Christian Woman's Exchange for 1885, were: President, Mrs. R. M. Walmsley; Vice-Presidents, Mesdames T. G. Richardson, M. W. Bartlett, Albert Baldwin, John R. Juden, J. H. Allen; Recording Secretary, Mrs, Theo. Auze; Corresponding Secretary, Mrs. E. J. Wharton: Treasurer, Mrs. S. H. Davis; Acting Treasurer, Mrs. F. N. Griswold; Board of Managers, Mesdames S. Landrum, M. C. Jennings, B. D. Wood, A. Brittin, Percy Roberts, S. Delgado, F. N. Griswold, E. L. Wood, Wm. Muller, E. Ranlett,G. W. Pritchard, L. P. Wayne, T. H. Holmes, J. B. Wallace, Albert Baldwin, P. N. Strong, K. Fuhri, S. H. Kennedy, H. J. Leovy, John Parker, R. M. Walmsley, T. G. Richardson, Theo. Auze, E. J. Wharton, S. H. Davis. M. W. Bartlett, D. A. Given, John R, Juden, J. H. Allen, Fred. Wing.
* ↑ The original members of the Woman's Club were: Miss Bessie Bisland, Mrs. Elizabeth W. Baker, Miss C. Farrar, Mrs. J. M. Ferguson, Miss M. E. Hagan, Miss J. E. Linsler, Miss H. D. Pickens, Miss M. Siebold, Mrs. M. J. C. Swayze, Miss E. Schrieves, Miss M. Manning, Miss P. Teiltebaum.
* ↑ See Report Washington Convention, 1884.