1807, and it is noticeable that, as the practice originated in Essex County, so the flagrant abuses which resulted from it reached their maximum in that county, and brought about its prohibition.
The circumstances attendant upon this event afford abundant matter for a most interesting chapter of local history, which I am happy to say has been written by a member of the Society (Mr. James Ross),78 and will be communicated before long, I trust, for insertion in our Proceedings. But the scope of this paper merely calls for a statement of facts. These are as follows:
In the year 1806 a new Court House and Jail were to be erected in the county of Essex. Strenuous exertions were made to have them located elsewhere than at Newark, which had been the county town from a very early period. Sufficient influence was brought to bear upon the Legislature to secure the passage of an act (approved November 5th of that year) authorizing a special election, at which "the inhabitants" of the county, "qualified to vote in elections for members of the State Legislature," etc., were described as the qualified electors to determine by their votes where the buildings should be located. The contest caused a great excitement throughout the county, and, under the existing laws, when the election was held in February, 1807, women of "full age," whether single or married, possessing the required property qualification, were permitted by the judges of election to vote. But as the conflict proceeded, and the blood of the combatants waxed warmer, the number of female voters increased, and it was soon found that every single and every married woman in the county was not only of "full age," but also "worth fifty pounds proclamation money, clear estate," and as such entitled to vote if they chose. And not only once, but as often as by change of dress or complicity of the inspectors, they might be able to repeat the process.
This was not confined to any one precinct, but was more or less the case in all, and so apparent were these and many other frauds that the Legislature at the ensuing session did not hesitate to sat it aside as having been illegally conducted; and, by repealing the act authorizing it, left the buildings to be erected in Newark, to which they legitimately belonged. And, in order that no future occurrence of the kind should take place, an act was passed (approved November 16, 1807), the preamble to which is as follows:
"Whereas, doubts have been raised and great diversities in practice obtained throughout the State in regard to the admission of aliens, females, and persons of color or negroes to vote in elections, as also in regard to the mode of ascertaining the qualifications of voters in respect to estate; and whereas, it is highly necessary to the safety, quiet good order and dignity of the State to clear up the said doubts by an act of the representatives of the people declaratory of the true sense and meaning of the Constitution, and to ensure its just execution in these particulars according to the intent of the framers thereof: Therefore," etc., etc.
This act confined the right of suffrage to free white male citizens twenty-one years of age, worth fifty pounds proclamation money, clear estate; and disposed of the property qualification by declaring that every person otherwise entitled to vote whose name should be enrolled on the last tax-lists for the State or County should be considered as worth the fifty pounds, thus by legislative enactment determining the meaning of the Constitution and settling the difficulty. The law remained unchanged until the adoption of the new Constitution a few years since, which instrument is equally restrictive as to persons who shall vote, and removes the property qualification altogether.
Very recently a refusal to respond to a demand for taxes legally imposed, was received from a distinguished advocate of "Woman's Rights" in one of the northern counties; who gave as her reasons "that women suffer taxation, and yet have no representation, which is not only unjust to one-half of the adult population, but is contrary to our Theory of Government"—and that when the attention of men is called to the wide difference between their theory of government and its practice in this particular, that they can not fail to see the mistake they now make, by imposing taxes on women when they refuse them the right of suffrage.79
Similar arguments were advanced by a sister of Richard Henry Lee, in 1778,80 when, if ever, they were calculated to receive due consideration, yet the distinguished Virginian did not hesitate to show the unreasonableness of the demand; in the course of his able answer remarking that (setting aside other motive for restricting the power to males) "perhaps 'twas thought rather out of character for women to press into those tumultuous assemblages of men where the business of choosing representatives is conducted!" And as it is very evident that when in times past the right was, not only claimed, but exercised in New Jersey, it never accorded with public sentiment; so it maybe safely predicted that, as was the case in 1807, "the safety, quiet, good order, and dignity of the State," will ever call for its explicit disavowal in times to come.
In his speech at the Woman's Rights Convention, 1853, in New York, Rev. John Pierpont said: "I can go back forty years; and forty years ago, when most of my present audience were not in, but behind, their cradles, passing a stranger, through the neighboring State of New Jersey, and stopping for dinner at an inn, where the coach stopped, I saw at the bar where I went to pay, a list of the voters of the town stuck up. My eye ran over it, and I read to my astonishment the names of several women. 'What!' I said, 'do women vote here?' 'Certainly,' was the answer, 'when they have real estate.' Then the question arose in my mind, why should not women vote: Laws are made regulating the tenure of real estate, and the essence of all republicanism is, that they who feel the pressure of the law should have a voice in its enactment."
DEFECTS IN THE CONSTITUTION OF NEW JERSEY.
In a very singular pamphlet published in Trenton, 1779, called "Eumenes: A collection of papers on the Errors and Omissions of the Constitution of New Jersey," the writer is very severe upon the fact that women were allowed to exercise the same right as the sterner sex; observing that "Nothing can be a greater mockery of this inalienable right, than to suffer it to be exercised by persons who do not pretend any judgment on the subject."81
Extract from "Eumenes," page 31, No. 8: "Defects of the Constitution respecting the Qualification of Electors and Elected":
It will not be denied that a Constitution ought to point out what persons may elect and who may be elected; and that it should as distinctly prescribe their several qualifications, and render those qualifications conformable to justice and the public welfare. Indeed, on the proper adjustment of the elective franchise depends, in a great measure, the liberty of the citizen and the safety of the Government. Upon examination it will be found that the Constitution requires amendment upon this head in several particulars.
It has ever been a matter of dispute upon the Constitution, whether females, as well as males, are entitled to elect officers of Government. If we were to be guided by the letter of the charter, it would seem to place them on the same footing in this particular; and yet, recurring to political right and the nature of things, a very forcible construction has been raised against the admission of women to participate in the public suffrage.
The 4th Article of the Constitution declares that "all the inhabitants of this colony of full age who are worth fifty pounds, shall be entitled to vote for representatives."
Those who support the rights of women say, that "all inhabitants" must mean "all women" inhabitants as well as "all men." Whereas, it is urged on the other side that the makers must have meant "all male inhabitants," and that the expression is to be restrained so as to arrive at the intent of the framers of the instrument.
This difference of sentiment has given rise to diversity of practice on this head, and furnished a pretence from which many an electioneering trick has resulted. I could refer to instances which would prove what is advanced, but the people want
