in view of it.
The Speaker: The chair observed the interruption, and was endeavoring to discover its source, but has been unable to do so. If, however, its author can be recognized, the chair will immediately order the person to the bar of the House.
Mr. Burnett: I have nothing further. The leading features of this address are well known; and I do not wish at present to further enter upon the argument of its character. I merely wish that members be afforded time for consideration. I therefore move to lay the pending motion on the table.
D. P. Wood: I am surprised that the gentleman from Essex, who professes to desire light, and to afford members time for examination, should make a motion which, if carried, will preclude light and prevent examination. The gentleman sees fit to regard the memorial of these 6,000 men and women as a firebrand. I do not believe the ladies who presented it intended it as such; and they will be surprised to learn that a gentleman of his age and experience should have taken fire from it. Their requests are simple. They ask for "justice and equal rights," and this simple request is made the excuse for an attack upon them as unheard of as it is unjust. They ask only for "justice and equal rights." If the House does not see fit to grant them what they ask, let my motion be voted down, and send the memorial to the Judiciary Committee, of which the gentleman from Essex is chairman. Let such a disposition be made of it, and there will then be no danger that any one will be fired up by it, for it will then be sure to sleep the sleep of death.
Sir, when a petition like this comes before the Legislature, it should not only be respectfully received, but courteously considered; particularly when it asks, as this petition does, a review of the entire code of our statute laws. It should not be sent to a Committee adverse to its request. That would be unparliamentary and the end of it. If sent to such a Committee it would be smothered. The House, I am sure, is not prepared for any such disposition of the matter, but is willing to look candidly at the alleged grievances, and, if consistent with public policy, redress them, although in doing so we may infringe upon time-honored notions and usages.
Mr. Peters: I am not surprised at the direction which the gentleman from Essex seeks to give this memorial. Any gentleman who would assail these ladies as he has done, would be prepared to make any disrespectful disposition of their rights. I may regret that he has sought to deny a hearing to these petitioners, but I am not surprised that he has done so. I trust that no other member on this floor will refuse, practically, to receive this petition—refuse to our mothers, wives, and sisters, what we every day grant to our fathers, brothers, and sons. These women come here with a respectful petition, and we should give them a candid and respectful hearing. If it be true, and true it is, that there are real grievances complained of, I hope they may be redressed after careful and candid consideration.
The time has gone by, sir, when we may say progress must stop. It is well known that in many particulars the laws are glaringly unjust in regard to the female sex. The education of the sex is defective; and this fact unfolds the secret germ of this movement. We should review the structure of our institutions of learning, and see whether there be not there room for reform. I do not believe it to be a part of the duty of women to sit in the jury-box, to vote, or to participate in all the tumultuous strifes of life; but I do believe that those who differ from me in opinion should have respectful hearing. Nor, because women are not allowed to vote, do I admit that they are precluded from all agency in the direction of national affairs. They, more than their husbands, have power over the future history of the country, by imparting a correct fireside education to their sons. But there are legal disabilities imposed upon women which I would be willing to see removed, in regard to property, etc. Whether those disabilities are of a character to justify affirmative action on the part of this House or not, is not now the question. The question simply is, shall this petition be received? I trust that it may be, and that it may afterward be sent to a select committee.
Mr. Benedict: The gentleman from Onondaga asks that this petition shall be sent to a select committee of seven, although he admits that the Judiciary Committee would be more appropriate, if it would not be sure, if sent to that Committee, to sleep the sleep of death. Sir, I am one of that Committee, and protest against any such imputation upon it. I will not only not vote to reject any petition offered the House, but I will give every petition sent to any committee of which I am a member a respectful hearing. This is a petition signed by some 6,000 men and women. They ask "justice" and relief. What kind of relief they may desire is no matter. It is enough for me to know that they ask to be heard. I shall vote to give them a hearing; and I can assure the gentleman from Onondaga that if sent to the Judiciary Committee it will sleep no sleep of death, but will be respectfully considered. A contrary intimation is an unjust reflection on that Committee.
Mr. Wood: My remark was not intended to reflect upon that Committee. I referred merely to the great amount of business before it.
Mr. Benedict: There the gentleman is equally at fault. That Committee is a working Committee, and disposed of all the business before it on Friday last. I am, however, in favor of the motion for a select committee, and desire that the petition should receive legitimate and careful consideration, not only because the petition is largely signed, but because every petition from any portion of the people on any subject, should receive a respectful hearing from the people's representatives. I I hope, therefore, that not a single member may vote against the reception of this petition, whatever his views may be in regard to granting its prayer. I am in favor of the right of petition.
Mr. Burnett: It was not my wish in the motion I made to have this petition rejected. Had I intended any such thing I should have said so; for I always go directly at what I want to accomplish, and never fail to call things by their right names. I merely wished, before any disposition was made of the petition, that the members should have time to examine the address, which is the key of the whole subject. This is all I desire; and it was simply an expression of this desire that has awakened all this windy gust of passion. After members shall examine the address which accompanies this petition, they can make such disposition of the petition itself as they shall deem wise and proper. This is the length and breadth of my object and desire.
Mr. Wood: I think the House understands the subject sufficiently to justify action upon my motion of reference.
The motion for the Select Committee prevailed, ayes, 84; the Committee appointed, and Mr. Wood excused from serving.
REPORT OF THE SELECT COMMITTEE.
In Assembly, Monday, March 27, 1854.
The Select Committee, to whom was referred the various petitions requesting "the Senate and Assembly of the State of New York to appoint a joint committee to revise the Statutes of New York, and to propose such amendments as will fully establish the legal equality of women with men," report: That they have examined the said petition, and have heard and considered the suggestions of persons who have appeared before them on behalf of the petitioners.
Your Committee are well aware that the matters submitted to them have been, and still are, the subject of ridicule and jest; but they are also aware that ridicule and jest never yet effectually put down either truth or error; and that the development of our times and the progression of our age is such, that many thoughts laughed at to-day as wild vagaries, are to-morrow recorded as developed principles or embodied as experimental facts.
A higher power than that from which emanates legislative enactments has given forth the mandate that man and woman shall not be equal; that there shall be inequalities by which each in their own appropriate sphere shall have precedence to the other; and each alike shall be superior or inferior as they well or ill act the part assigned them. Both alike are the subjects of Government, equally entitled to its protection; and civil power must, in its enactments, recognize this inequality. We can not obliterate it if we would, and legal inequalities must follow.
The education of woman has not been the result of statutes, but of civilization and Christianity;
