1853.122
The Convention assembled at Corinthian Hall at 10 o'clock. Rev. Samuel J. May, of Syracuse, in the chair.123 After thanking the Convention for the honor conferred, he ran the parallel between the laws for married women and the slaves on the Southern plantation, and then introduced Ernestine L. Rose, to paint in more vivid colors the picture he had outlined.
Mrs. Rose said: The remarks of the president have impressed us to do our duty with all the earnestness in our power. This is termed a woman's rights movement. Alas! that the painful necessity should exist, for woman's calling a Convention to claim her rights from those who have been created to go hand in hand, and heart in heart with her; whose interests can not be divided from hers. Why does she claim them? Because every human being has a right to all the advantages society has to bestow, if his having them does not injure the rights of others. Life is valueless without liberty, and shall we not claim that which is dearer than life? In savage life, liberty is synonymous with aggression. In civilized countries it is founded on equality of rights. Oppression always produces suffering through the whole of the society where it exists; this movement ought, therefore, to be called a human rights movement. The wrongs of woman are so many (indeed there is scarcely anything else but wrongs) that there is not time to mention them all in one convention. She would speak at present of legal wrongs, and leave it to her hearers, if all are not—men, perhaps, more than women—sufferers by these wrongs. How can woman have a right to her children when the right to herself is taken away? At the marriage altar the husband says in effect, "All this is mine, all mine is my own." She ceases to exist legally, except when she violates the laws; then she assumes her identity just long enough to receive the penalty. When the husband dies poor, leaving the widow with small children (here the speaker pictured thrillingly the suffering of a poor, weak-minded, helpless woman, with small children dependent on her), she is then acknowledged the guardian of her children. But any property left them takes away her right of control. If there is property the law steps in as guardian of it and therefore of the children. The widowed mother is their guardian, only on condition that the husband has made her so by will. Can any human being be benefited by such gross violations of humanity?
Matilda Joslyn Gage said: The legal disabilities of woman are many, as not only known to those who bear them, but they are acknowledged by Kent, Story, and many other legal authorities. A wife has no management in the joint earnings of herself and her husband; they are entirely under control of the husband, who is obliged to furnish the wife merely the common necessaries of life; all that she receives beyond these is looked upon by the law as a favor, and not held as her right. A mother is denied the custody of her own child; a most barbarous and unjust law, which robs her of the child placed in her care by the great Creator himself. A widow is allowed the use merely of one-third of the real estate left at the husband's death; and when her minor children have grown up she must surrender the personal property, even to the family Bible, and the pictures of her dear children. In view of such laws the women engaged in this movement ask that the wife shall be made heir to the husband to the same extent that he is now her heir.
Taxation without representation is another of the wrongs that woman endures. In this she is held below the negro in the political scale; for the black man, when not possessing property to the extent of two hundred and fifty dollars, is not allowed to vote, but neither is he taxed. The present law of divorce is very unjust; the husband, whether the innocent or the guilty party, retaining all the wife's property, as also the control of the children unless by special decree of the court they are assigned to the mother.
Rev. Antoinette Brown said: The wife owes service and labor to her husband as much and as absolutely as the slave does to his master. This grates harshly upon the ears of Christendom; but it is made palpably and practically true all through our statute books, despite the poetic fancy which views woman as elevated in the social estate; but a little lower than the angels.
Letters were read from Paulina Wright Davis, Dr. Trail, Mary C. Vaughan, and Hon. William Hay. A series of fourteen resolutions were presented by Mr. Channing, and discussed, which suggested the appointment of various committees. One to prepare an address to the Legislature, and to ask a special hearing before a joint committee to consider the whole subject of the just and equal rights of woman; another to prepare an address to the capitalists and industrialists of New York on the best modes of employing and remunerating women.
Resolved, That the movement, now in progress throughout the United States, for securing the just and equal rights of women, in education, industry, law, politics, religion, and social life, is timely, wise, and practical; that it is authorized by all the essential principles of Republican institutions, and sanctioned by the spirit of the Christian religion; and finally that it is but a carrying on to completeness of a reform, already begun, by legal provisions, in the most advanced States of the Union.
Resolved, That the design of all true legislation should be the elevation of every member of the community—and that the violation of this legitimate design, in depriving woman of her just and equal rights, is not only highly injurious to her, but by reason of the equilibrium which pervades all existence, that man, too, is impeded in his progress by the very chains which bind woman to the lifeless skeleton of feudal civilization.
Resolved, That we do not ask for woman's political, civil, industrial, and social equality with man, in the spirit of antagonism, or with a wish to produce separate and conflicting interests between the sexes, but because the onward progress of society and the highest aspirations of the human race, demand that woman should everywhere be recognized as the co-equal and co-sovereign of man.
Resolved, That women justly claim an equally free access with men, to the highest means of mental, moral, and physical culture, provided in seminaries, colleges, professional and industrial schools; and that we call upon all friends of progress and upon the Legislature of New York, in establishing and endowing institutions, to favor pre-eminently those which seek to place males and females on a level of equal advantages in their system of education.
Resolved, That, inasmuch as universal experience proves the inseparable connection between dependence and degradation—while it is plain to every candid observer of society that women are kept poor, by being crowded together, to compete with and undersell one another in a few branches of labor, and that from this very poverty of women, spring many of the most terrible wrongs and evils, which corrupt and endanger society: therefore do we invite the earnest attention of capitalists, merchants, traders, manufacturers, and mechanics, to the urgent need, which everywhere exists, of opening to women new avenues of honest and honorable employment, and we do hereby call upon all manly men to make room for their sisters to earn an independent livelihood.
Resolved, That, whereas, the custom of making small remuneration for woman's work, in all departments of industry, has sprung from her dependence, which dependence is prolonged and increased by this most irrational and unjust habit of half pay; therefore do we demand, in the name of common sense and common conscience, that women equally with men, should be paid for their services according to the quality and quantity of the work done, and not the sex of the worker.
Resolved, That, whereas, the State of New York, in the acts of 1848 and 1849, has honorably and justly placed married women on the footing of equality with unmarried women, in regard to the receiving, holding, conveying, and devising of all property, real and personal, we call upon the Legislature of the State to take the next step—so plainly justified by its own precedents—of providing that husbands and wives shall be joint owners of their joint earnings—the community estate passing to the survivor at the death of either party.
Resolved, That, whereas, the evident intent of the Legislature of the State of New York has for many years been progressively to do away with the legal disabilities of women, which existed under the savage usages of the old common law, therefore we do urgently call upon the Legislature of this State, at its next session, to appoint a joint committee to examine and revise the statutes, and to propose remedies for the redress of all legal grievances from
