The History of Woman Suffrage Volume I Part 90

ARTICLE 16. After setting aside sufficient funds to pay all legacies and bequests herein made, I direct my said Trustees to hold all the rest and residue of my estate, real, personal and mixed, in special trust for the following purposes, namely; to pay over, out of the Interest and princ.i.p.al of said special trust, a sum of not less than eight thousand dollars annually, until the same be all exhausted, to said Wendell Phillips, William Lloyd Garrison, Stephen S. Foster, Abby K. Foster, Parker Pillsbury, Henry C. Wright, Francis Jackson and Charles K. Whipple, and their survivors and survivor, for them to use and expend, at their discretion, without any responsibility to any one, for promotion of the Anti-Slavery cause and other reforms, such as Woman's Rights, Non-Resistance, Free Trade and Temperance, at their discretion; and I request said Wendell Phillips and his said a.s.sociates to expend not less than eight thousand dollars annually, by the preparation and circulation of books, newspapers, employing agents, and the delivery of lectures that will, in their judgment, change public opinion, and secure the abolition of Slavery in the United States, and promote said other reforms. Believing that the chain upon four millions of slaves, with tyrants at one end and hypocrites at the other, has become the strongest bond of the Union of the States, I desire said Phillips and his a.s.sociates to expend said bequest by employing such agents as believe and practice the doctrine, of "No union with slaveholders, religiously or politically"; and by circulating such publications as tend to destroy every pro-slavery inst.i.tution.

ARTICLE 17. In case chattel slavery should be abolished in the United States before the expenditure of the said residue of my estate, as stated in said sixteenth article of this Will; then, in that case, I desire that the unexpended part of said residue be applied by said Phillips and his a.s.sociates, in equal proportions, for the promotion of Non-Resistance, Woman's Rights and Free Trade; requesting that no agents be employed by them for the promotion of said causes, except such as believe it wrong to have any voluntary connection with any government of violence, and such as believe that the natural rights of men and women are equal. Whether slavery be abolished or not, I desire that a part of the said residue of my estate may be applied to the promotion of the kindred causes of Temperance, Woman's Rights, Non-Resistance and Free Trade, at the discretion of the said Phillips and his a.s.sociates.

ARTICLE 22. I particularly request that no prayers be solicited from any person, and that no priest be invited to perform any ceremony whatever, over or after my body. The Priesthood are an order of men, as I believe, falsely a.s.suming to be reverend and divine, pretending to be called of G.o.d; the great body of them in all countries have been on the side of power and oppression; the world has been too long cheated by them; the sooner they are unmasked, the better for humanity. As I have heretofore borne my testimony against slavery, intemperance, war, tariffs and all indirect taxation, banks and all monopolies, I desire to leave on record my abhorrence of them all. The fear of being buried before I am dead is slight, nevertheless it is greater than the fear of death itself. I therefore request my executors not to bury my body until at least three days after my decease. In witness whereof, I have hereto set my hand and seal, this twenty-eighth day of March, in the year eighteen hundred and fifty-nine.

CHARLES F. HOVEY.

Signed, sealed, published and declared by the said Testator to be his last Will and Testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have hereto subscribed our names as witnesses.

GEORGE L. LOVETT.

THOMAS MACK.

WILLIAM W. HOWE.

I do prove, approve and allow the same, and order it to be recorded.

Given under my hand and seal of office, the day and year above written.

ISAAC AMES, _May 30, 1859_. _Judge of Probate and Insolvency._

[154] George William Curtis, Mrs. Eliza W. Farnham, Parker Pillsbury, Sarah Hallock, Mrs. Sidney Howard Gay, Sarah M. Grimke, Charles Lenox Remond, Lucy A. Coleman, Sarah P. Remond, and the Hutchinson family, consisting of Jessie, his wife, and two children, and Abby, who sung among many other sweet ballads, "The Good Time Coming."

[155] Frederick Douglas, Thomas Wentworth Higginson, Ernestine L.

Rose, Lucretia Mott, Frances Dana Gage, Wendell Phillips, Wm. Lloyd Garrison, Oliver Johnson, Susan B. Anthony, Caroline H. Dall, Lucy Stone, Antoinette Brown, Aaron M. Powell.

[156] Eliza Farnham was in many respects a remarkable woman. As matron of the Sing Sing prison at one time, she introduced many humane improvements in the occupation and discipline of the women under her charge. She had a piano in the corridor, and with sweet music touched the tender chords in their souls. Instead of tracts on h.e.l.l-fire and an angry G.o.d, she read aloud to them from d.i.c.kens' most touching stories. In every way, a.s.sisted by Mariana Johnson and Georgiana Bruce, she treated them as women, and not as criminals.

[157] Wendell Phillips, Elizabeth Cady Stanton, Caroline H. Dall, Caroline M. Severance, Ernestine L. Rose, Antoinette Brown Blackwell, Thomas W. Higginson, Susan B. Anthony.

[158] _Resolved_, That while every newspaper in the land carries on its face the record of woman's dishonor, the women who seek to elevate their s.e.x are bound to inquire into its causes and save from its paralysis.

_Resolved_, That while we have no daughters too tender and pure, no sons too innocent, to escape from the influence of such tragedies as those at North Adams and Was.h.i.+ngton, the true modesty of every mother, the true dignity of every wife, should forbid her to put aside the questions they involve.

_Resolved_, That the dishonor of single women proceeds in great measure from dest.i.tution, and the dishonor of married women as much from their own want of education and utter absence of purpose in life as from the inability of their husbands to inspire them with true respect and help them to true living: therefore,

_Resolved_, That it is our bounden duty to open, in every possible way, new vocations to women, to raise their wages by every advisable means, and to secure to them an education which shall be less a decoration to their persons than a tool to their hands.

_Resolved_, That while courts adjourn in honor of a man like Philip Barton Key, while the whole Bar of the District of Columbia pa.s.s resolutions in his honor, and vote to attend his funeral, as a mark of respect, while the public opinion of a whole community sustains a man who could not defend his murderous indignation by the witness of an unspotted life, it is our duty to rate public opinion as a corrupting power, and to bring up our children in the knowledge and sanction of a higher law.

[159] FORM OF PEt.i.tION.

_To the Senate and a.s.sembly of the Slate of New York:_

The undersigned, citizens of ----, New York, respectfully ask that you will take measures to submit to the people an amendment of the Const.i.tution, allowing women to vote and hold office. And that you will enact laws securing to married women the full and entire control of all property originally belonging to them, and of their earnings during marriage; and making the rights of the wife over the children the same as a husband enjoys, and the rights of a widow, as to her children, and as to the property left by her husband, the same that a husband has in the property and over the children of his deceased wife.

[160] Lydia Mott, in writing to a friend, says: "I have heard but one opinion about the merits of the address and the manner of its delivery, and the press is very complimentary. It was better that one like Mrs. Stanton should speak on the occasion than two, unless the other might have been Wendell Phillips. Mr. Mayo expressed himself thoroughly satisfied; the whole effect was grand. Even old Father Woolworth stood the whole time, and very often he would nod a.s.sent at certain points. The House was packed, but so still that not one word was lost. It was worth as much to our cause as our whole Convention, though we could not have spared either."

[161] AN ACT CONCERNING THE RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.

Pa.s.sed March 20, 1860.

_The People of the State of New York, represented in Senate and a.s.sembly, do enact as follows:_

SECTION 1. The property, both real and personal, which any married woman now owns, as her sole and separate property; that which comes to her by descent, devise, bequest, gift, or grant; that which she acquires by her trade, business, labor, or services, carried on or performed on her sole or separate account; that which a woman married in this State owns at the time of her marriage, and the rents, issues, and proceeds of all such property, shall notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected, and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts, except such debts as may have been contracted for the support of herself or her children, by her as his agent.

-- 2. A married woman may bargain, sell, a.s.sign, and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used or invested by her in her own name.

-- 3. Any married woman possessed of real estate as her separate property may bargain, sell, and convey such property, and enter into any contract in reference to the same; but no such conveyance or contract shall be valid without the a.s.sent, in writing, of her husband, except as hereinafter provided.

-- 4. In case any married woman possessed of separate real property, as aforesaid, may desire to sell or convey the same, or to make any contract in relation thereto, and shall be unable to procure the a.s.sent of her husband as in the preceding section provided, in consequence of his refusal, absence, insanity, or other disability, such married woman may apply to the County Court in the county where she shall at the time reside, for leave to make such sale, conveyance, or contract, without the a.s.sent of her husband.

-- 5. Such application may be made by pet.i.tion, verified by her, and setting forth the grounds of such application. If the husband be a resident of the county and not under disability from insanity or other cause, a copy of said pet.i.tion shall be served upon him, with a notice of the time when the same will be presented to the said court, at least ten days before such application. In all other cases, the County Court to which such application shall be made, shall, in its discretion, determine whether any notice shall be given, and if any, the mode and manner of giving it.

-- 6. If it shall satisfactorily appear to such court, upon application, that the husband of such applicant has willfully abandoned his said wife, and lives separate and apart from her, or that he is insane, or imprisoned as a convict in any state prison, or that he is an habitual drunkard, or that he is in any way disabled from making a contract, or that he refuses to give his consent without good cause therefor, then such court shall cause an order to be entered upon its records, authorizing such married woman to sell and convey her real estate, or contract in regard thereto without the a.s.sent of her husband, with the same effect as though such conveyance or contract had been made with his a.s.sent.

-- 7. Any married woman may, while married, sue and be sued in all matters having relation to her property, which may be her sole and separate property, or which may hereafter come to her by descent, devise, bequest, or the gift of any person except her husband, in the same manner as if she were sole. And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement of any such action, or recovered upon a judgment, shall be her sole and separate property.

-- 8. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, or gift of any person except her husband, and no bargain or contract entered into by any married woman in or about the carrying on of any trade or business under the statutes of this State, shall be binding upon her husband, or render him or his property in any way liable therefor.

-- 9. Every married woman is hereby const.i.tuted and declared to be the joint guardian of her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband.

-- 10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess, and enjoy a life estate in one-third of all the real estate of which the husband or wife died seized.

-- 11. At the decease of the husband or wife intestate, leaving minor child or children, the survivor shall hold, possess, and enjoy all the real estate of which the husband or wife died seized, and all the rents, issues, and profits thereof during the minority of the youngest child, and one-third thereof during his or her natural life.

[162] On the final pa.s.sage of the bill the following Senators, as _The Journal_ shows, voted in favor of the measure, viz: Senators Abell, Bell, Colvin, Conally, Fiero, Goss, Hillhouse, Kelly, Lapham, Sessions, Manierre, Montgomery, Munroe, P. P. Murphy, Truman, Prosser, Ramsey, Robertson, Rotch, Warner, Williams--21.

[163] _President._--Martha Wright, of Auburn, New York.

_Vice-Presidents._--Abby Hopper Gibbons, of New York; Asa Fairbanks, of Rhode Island; Rev. Antoinette Brown Blackwell, of New Jersey; Thomas Garrett, of Delaware; Wendell Phillips, of Ma.s.sachusetts; Robert Purvis, of Pennsylvania; J. Elizabeth Jones, of Ohio; Giles B.

Stebbins, of Michigan.

_Secretaries._--Ellen Wright and Mary L. Booth.

_Finance Committee._--Susan B. Anthony, Lucy N. Colman, and Marietta Richmond.

_Business Committee._--Ernestine L. Rose, A. L. B. Blackwell, Wm.

Lloyd Garrison, E. Cady Stanton, Mary Grew, and Wendell Phillips.

[164] In the Scotch Presbyterian Church at Johnstown, N. Y., there was great excitement at one time on the question of temperance, the pastor being a very active friend to that movement. The opposition were determined to get rid of him, and called a church meeting for that purpose. To the surprise of the leading men of the congregation, the women came in force, armed with ballots, to defeat their proposed measures. When the time came to vote, according to arrangement, my mother headed the line marching up to the altar, where stood the deacon, hat in hand, to receive the ballots. As soon as he saw the women coming, he retreated behind the railing in the altar, closing the little door after him, which the women deliberately opened, and soon filled the s.p.a.ce, completely surrounding the _inspector of election_, and, whichever way he turned, the ballots were thrown into the hat; and, when all had voted, my mother put her hand into the hat and stirred them up with the men's votes, so that it would be impossible to separate them. The pastor, representing the interests of temperance, had a large majority for his retention. But the men declared the election void because of the illegal voting, and, barricading the women out, with closed doors, voted their own measures the next day. Rev. Jeremiah Wood presided on the occasion, and whilst the women were contending for their rights under the very shadow of the altar, he recited various Scriptural texts on woman's sphere, to which these rebellious ones paid not the slightest attention. One dignified Scotch matron, looking him steadily in the face, indignant, at the behavior of the men, said with sternness and emphasis: "I protest against such high-handed proceedings." The result of this outbreak, was a decree by the Judicature of the Church, "that the women of the congregation should have the right to vote in all business matters," which they have most judiciously done ever since.

E. C. S.

[165] Frances D. Gage, Hannah Tracy Cutler, J. Elizabeth Jones, Antoinette Brown Blackwell, Lucy N. Colman, and Susan B. Anthony.

[166] Mrs. Roberts and her daughters in Niagara County.

[167] _Resolved_, That inasmuch as man, in the progress of his development, found that at each advancing step new wants demanded new rights, and naturally walked out of those places, customs, creeds, and laws that in any way crippled and trammeled his freedom of thought, word, or action, it is his duty to stand aside and leave to woman the same rights--to grow up into whatever the laws of her being demand.

_Resolved_, That inasmuch as on woman are imposed by her Creator the duties of self-support and self-defense, and by government the responsibilities of taxation and penalties of violated law, she should be protected in her natural, inalienable rights, and secured in all the privileges of citizens.h.i.+p.