Mrs. ALLEN. I have made arrangements with Miss Anthony to say all that I feel it necessary for me to say at this time.

Mrs. SPENCER. I have been so informed.

REMARKS BY MRS. NANCY B. ALLEN, OF IOWA.

Mrs. ALLEN. Mr. Chairman and gentlemen of the Judiciary Committee: I am not a State representative, but I am a representative of a large cla.s.s of women, citizens of Iowa, who are heavy tax-payers.

That is a subject which we are very seriously contemplating at this time. There is now a pet.i.tion being circulated throughout our State, to be presented to the legislature, praying that women be exempted from taxation until they have some voice in the management of local affairs of the State. You may ask, "Do not your husbands protect you? Are not all the men protecting you?" We answer that our husbands are grand, n.o.ble men, who are willing to do all they can for us, but there are many who have no husbands, and who own a great deal of property in the State of Iowa.

Particularly in great moral reforms the women there feel the need of the ballot. By presenting long pet.i.tions to the Legislature they have succeeded in having better temperance laws enacted, but the men have failed to elect officials who will enforce those laws. Consequently they have become as dead letters upon the statute-books.

I would refer again to taxes. I have a list showing that in my city three women pay more taxes than all the city officials included. Those women are good temperance women. Our city council is composed almost entirely of saloon men and those who visit saloons and brewery men. There are some good men, but the good men being in the minority, the voices of these women are but little regarded. All these officials are paid, and we have to help support them. All that we ask is an equality of rights. As Sumner said, "Equality of rights is the first of rights." If we can only be equal with man under the law it is all that we ask. We do not propose to relinquish our domestic circles; in fact, they are too dear to us for that; they are dear to us as life itself, but we do ask that we may be permitted to be represented. Equality of taxation without representation is tyranny.

REMARKS BY MISS SUSAN B. ANTHONY, OF NEW YORK.

Miss ANTHONY: Mr. Chairman and gentlemen: Mrs. Spencer said that I would make an argument. I do not propose to do so, because I take it for granted that the members of this committee understand that we have all the argument on our side, and such an argument would be simply a series of plat.i.tudes and maxims of government. The theory of this Government from the beginning has been perfect equality to all the people. That is shown by every one of the fundamental principles, which I need not stop to repeat. Such being the theory, the application would be, of course, that all persons not having forfeited their right to representation in the Government should be possessed of it at the age of twenty-one. But instead of adopting a practice in conformity with the theory of our Government, we began first by saying that all men of property were the people of the nation upon whom the Const.i.tution conferred equality of rights. The next step was that all white men were the people to whom should be practically applied the fundamental theories. There we halt to-day and stand at a deadlock, so far as the application of our theory may go. We women have been standing before the American republic for thirty years, asking the men to take yet one step further and extend the practical application of the theory of equality of rights to all the people to the other half of the people--the women. That is all that I stand here to-day to attempt to demand.

Of course, I take it for granted that the committee are in sympathy at least with the reports of the Judiciary Committees presented both in the Senate and the House. I remember that after the adoption of the fourteenth and fifteenth amendments Senator EDMUNDS reported on the pet.i.tion of the ten thousand foreign-born citizens of Rhode Island who were denied equality of rights in Rhode Island simply because of their foreign birth; and in that report held that the amendments were enacted and attached to the Const.i.tution simply for men of color, and therefore that their provisions could not be so construed as to bring within their purview the men of foreign birth in Rhode Island. Then the House Committee on the Judiciary, with Judge Bingham, of Ohio, at its head, made a similar report upon our pet.i.tions, holding that because those amendments were made essentially with the black men in view, therefore their provisions could not be extended to the women citizens of this country or to any cla.s.s except men citizens of color.

I voted in the State of New York in 1872 under the construction of those amendments, which we felt to be the true one, that all persons born in the United States, or any State thereof, and under the jurisdiction of the United States, were citizens, and ent.i.tled to equality of rights, and that no State could deprive them of their equality of rights. I found three young men, inspectors of election, who were simple enough to read the Const.i.tution and understand it in accordance with what was the letter and what should have been its spirit. Then, as you will remember, I was prosecuted by the officers of the Federal court, And the cause was carried through the different courts in the State of New York, in the northern district, and at last I was brought to trial at Canandaigua.

When Mr. Justice Hunt was brought from the supreme bench to sit upon that trial, he wrested my case from the hands of the jury altogether, after having listened three days to testimony, and brought in a verdict himself of guilty, denying to my counsel even the poor privilege of having the jury polled. Through all that trial when I, as a citizen of the United States, as a citizen of the State of New York and city of Rochester, as a person who had done something at least that might have ent.i.tled her to a voice in speaking for herself and for her cla.s.s, in all that trial I not only was denied my right to testify as to whether I voted or not, but there was not one single woman's voice to be heard nor to be considered, except as witnesses, save when it came to the judge asking, "Has the prisoner any thing to say why sentence shall not be p.r.o.nounced?" Neither as judge, nor as attorney, nor as jury was I allowed any person who could be legitimately called my peer to speak for me.

Then, as you will remember, Mr. Justice Hunt not only p.r.o.nounced the verdict of guilty, but a sentence of $100 fine and costs of prosecution. I said to him, "May it please your honor, I do not propose to pay it;" and I never have paid it, and I never shall. I asked your honorable bodies of Congress the next year--in 1874--to pa.s.s a resolution to remit that fine. Both Houses refused it; the committees reported against it; though through Benjamin F. Butler, in the House, and a member of your committee, and Matthew H.

Carpenter, in the Senate, there were plenty of precedents brought forward to show that in the cases of mult.i.tudes of men fines had been remitted. I state this merely to show the need of woman to speak for herself, to be as judge, to be as juror.

Mr. Justice Hunt in his opinion stated that suffrage was a fundamental right, and therefore a right that belonged to the State. It seemed to me that was just as much of a retroversion of the theory of what is right in our Government as there could possibly be. Then, after the decision in my case came that of Mrs.

Minor, of Missouri. She prosecuted the officers there for denying her the right to vote. She carried her case up to your Supreme Court, and the Supreme Court answered her the same way; that the amendments were made for black men; that their provisions could not protect women; that the Const.i.tution of the United States has no voters of its own.

Mrs. SPENCER. And you remember Judge Cartier's decision in my case.

Miss ANTHONY. Mr. Cartier said that women are citizens and may be qualified, &c., but that it requires some sort of legislation to give them the right to vote.

The Congress of the United States notwithstanding, and the Supreme Court of the United States notwithstanding, with all deference and respect, I differ with them all, and know that I am right and that they are wrong. The Const.i.tution of the United States as it is protects me. If I could get a practical application of the Const.i.tution it would protect me and all women in the enjoyment of perfect equality of rights everywhere under the shadow of the American flag.

I do not come to you to pet.i.tion for special legislation, or for any more amendments to the Const.i.tution, because I think they are unnecessary, but because you say there is not in the Const.i.tution enough to protect me. Therefore I ask that you, true to your own theory and a.s.sertion, should go forward to make more const.i.tution.

Let me remind you that in the case of all other cla.s.ses of citizens under the shadow of our flag you have been true to the theory that taxation and representation are inseparable. Indians not taxed are not counted in the basis of representation, and are not allowed to vote; but the minute that your Indians are counted in the basis of representation and are allowed to vote they are taxed; never before. In my State of New York, and in nearly all the States, the members of the State militia, hundreds and thousands of men, are exempted from taxation on property; in my State to the value of $800, and in most of the States to a value in that neighborhood. While such a member of the militia lives, receives his salary, and is able to earn money, he is exempted; but when he dies the a.s.sessor puts his widow's name down upon the a.s.sessor's list, and the tax-collector never fails to call upon the widow and make her pay the full tax upon her property. In most of the States clergymen are exempted. In my State of New York they are exempted on property to the value of $1,500. As long as the clergyman lives and receives his fat salary, or his lean one, as the case may be, he is exempted on that amount of property; but when the breath leaves the body of the clergyman, and the widow is left without any income, or without any means of support, the State comes in and taxes the widow.

So it is with regard to all black men. In the State of New York up to the day of the pa.s.sage of the fifteenth amendment, black men who were willing to remain without reporting themselves worth as much as $250, and thereby to remain without exercising the right to vote, never had their names put on the a.s.sessor's list; they were pa.s.sed by, while, if the poorest colored woman owned 50 feet of real estate, a little cabin anywhere, that colored woman's name was always on the a.s.sessor's list, and she was compelled to pay her tax. While Frederick Douglas lived in my State he was never allowed to vote until he could show himself worth the requisite $250; and when he did vote in New York, he voted not because he was a man, not because he was a citizen of the United States, nor yet because he was a citizen of the State, but simply because he was worth the requisite amount of money. In Connecticut both black men and black women were exempted from taxation prior to the adoption of the fifteenth amendment.

The law was amended in 1848, by which black men were thus exempted, and black women followed the same rule in that State.

That, I believe, is the only State where black women were exempted from taxation under the law. When the fourteenth and fifteenth amendments were attached to the Const.i.tution they carried to the black man of Connecticut the boon of the ballot as well as the burden of taxation, whereas they carried to the black woman of Connecticut the burden of taxation, but no ballot by which to protect her property. I know a colored woman in New Haven, Conn., worth $50,000, and she never paid a penny of taxation until the ratification of the fifteenth amendment. From that day on she is compelled to pay a heavy tax on that amount of property.

Mrs. SPENCER. Is it because she is a citizen? Please explain.

Miss ANTHONY. Because she is black.

Mrs. SPENCER. Is it because the fourteenth and fifteenth amendments made women citizens?

Miss ANTHONY. Certainly; because it declared the black people citizens.

Gentlemen, you have before you various propositions of amendment to the Federal Const.i.tution. One is for the election of President by the vote of the people direct. Of course women are not people.

Senator EDMUNDS. Angels.

Miss ANTHONY. Yes; angels up in heaven or else devils down there.

Senator EDMUNDS. I have never known any of that kind.

Miss ANTHONY. I wish you, gentlemen, would look down there and see the myriads that are there. We want to help them and lift them up.

That is exactly the trouble with you, gentlemen; you are forever looking at your own wives, your own mothers, your own sisters, and your own daughters, and they are well cared for and protected; but only look down to the struggling ma.s.ses of women who have no one to protect them, neither husband, father, brother, son, with no mortal in all the land to protect them. If you would look down there the question would be solved; but the difficulty is that you think only of those who are doing well. We are not speaking for ourselves, but for those who can not speak for themselves. We are speaking for the doomed as much as you, Senator EDMUNDS, used to speak for the doomed on the plantations of the South.

Amendments have been proposed to put G.o.d in the Const.i.tution and to keep G.o.d out of the Const.i.tution. All sorts of propositions to amend the Const.i.tution have been made; but I ask that you allow no other amendment to be called the sixteenth but that which shall put into the hands of one-half of the entire people of the nation the right to express their opinions as to how the Const.i.tution shall be amended henceforth. Women have the right to say whether we shall have G.o.d in the Const.i.tution as well as men. Women have a right to say whether we shall have a national law or an amendment to the Const.i.tution prohibiting the importation or manufacture of alcoholic liquors. We have a right to have our opinions counted on every possible question concerning the public welfare.

You ask us why we do not get this right to vote first in the school districts, and on school questions, or the questions of liquor license. It has been shown very clearly why we need something more than that. You have good enough laws to-day in every State in this Union for the suppression of what are termed the social vices; for the suppression of the grog-shops, the gambling houses, the brothels, the obscene shows. There is plenty of legislation in every State in this Union for their suppression if it could be executed. Why is the Government, why are the States and the cities, unable to execute those laws? Simply because there is a large balance of power in every city that does not want those laws executed. Consequently both parties must alike cater to that balance of political power. The party that puts a plank in its platform that the laws against the grog-shops and all the other sinks of iniquity must be executed, is the party that will not get this balance of power to vote for it, and, consequently, the party that can not get into power.

What we ask of you is that you will make of the women of the cities a balance of political power, so that when a mayor, a member of the common council, a supervisory justice of the peace, a district attorney, a judge on the bench even, shall go before the people of that city as a candidate for the suffrages of the people he shall not only be compelled to look to the men who frequent the grog-shops, the brothels, and the gambling houses, who will vote for him if he is not in favor of executing the law, but that he shall have to look to the mothers, the sisters, the wives, the daughters of those deluded men to see what they will do if he does not execute the law.

We want to make of ourselves a balance of political power. What we need is the power to execute the laws. We have got laws enough.

Let me give you one little fact in regard to my own city of Rochester. You all know how that wonderful whip called the temperance crusade roused the whisky ring. It caused the whisky force to concentrate itself more strongly at the ballot-box than ever before, so that when the report of the elections in the spring of 1874 went over the country the result was that the whisky ring was triumphant, and that the whisky ticket was elected more largely than ever before. Senator Thurman will remember how it was in his own State of Ohio. Everybody knows that if my friends, Mrs. ex-Governor Wallace, Mrs. Allen, and all the women of the great West could have gone to the ballot-box at those munic.i.p.al elections and voted for candidates, no such result would have occurred; while you refused by the laws of the State to the women the right to have their opinions counted, every rumseller, every drunkard, every pauper even from the poor-house, and every criminal outside of the State's prison came out on election day to express his opinion and have it counted.

The next result of that political event was that the ring demanded new legislation to protect the whisky traffic everywhere. In my city the women did not crusade the streets, but they said they would help the men to execute the law. They held meetings, sent out committees, and had testimony secured against every man who had violated the law, and when the board of excise held its meeting those women a.s.sembled, three or four hundred, in the church one morning, and marched in a solid body to the common council chamber where the board of excise was sitting. As one rum-seller after another brought in his pet.i.tion for a renewal of license who had violated the law, those women presented the testimony against him. The law of the State of New York is that no man shall have a renewal who has violated the law. But in not one case did that board refuse to grant a renewal of license because of the testimony which those women presented, and at the close of the sitting it was found that twelve hundred more licenses had been granted than ever before in the history of the State. Then the defeated women said they would have those men punished according to law.

Again they retained an attorney and appointed committees to investigate all over the city. They got the proper officer to prosecute every rum-seller. I was at their meeting. One woman reported that the officer in every city refused to prosecute the liquor dealer who had violated the law. Why? Because if he should do so he would lose the votes of all the employes of certain shops on that street, if another he would lose the votes of the railroad employes, and if another he would lose the German vote, if another the Irish vote, and so on. I said to those women what I say to you, and what I know to be true to-day, that if the women of the city of Rochester had held the power of the ballot in their hands they would have been a great political balance of power.

The last report was from District Attorney Raines. The women complained of a certain lager-beer-garden keeper. Said the district attorney, "Ladies, you are right, this man is violating the law, everybody knows it, but if I should prosecute him I would lose the entire German vote." Said I, "Ladies, do you not see that if the women of the city of Rochester had the right to vote District Attorney Raines would have been compelled to have stopped and counted, weighed and measured. He would have said, 'If I prosecute that lager-beer German I shall lose the 5,000 German votes of this city, but if I fail to prosecute him and execute the laws I shall lose the votes of 20,000 women.'"

Do you not see, gentlemen, that so long as you put this power of the ballot in the hands of every possible man, rich, poor, drunk, sober, educated, ignorant, outside of the State's prison, to make and unmake, not only every law and law-maker, but every office holder who has to do with the executing of the law, and take the power from the hands of the women of the nation, the mothers, you put the long arm of the lever, as we call it in mechanics, in the hands of the whisky power and make it utterly impossible for regulation of sobriety to be maintained in our community? The first step towards social regulation and good society in towns, cities, and villages is the ballot in the hands of the mothers of those places. I appeal to you especially in this matter, I do not know what you think about the proper sphere of women.

It matters little what any of us think about it. We shall each and every individual find our own proper sphere if we are left to act in freedom; but my opinion is that when the whole arena of politics and government is thrown open to women they will endeavor to do very much as they do in their homes; that the men will look after the greenback theory or the hard-money theory, that you will look after free-trade or tariff, and the women will do the home housekeeping of the government, which is to take care of the moral government and the social regulation of our home department.

It seems to me that we have the power of government outside to shape and control circ.u.mstances, but that the inside power, the government housekeeping, is powerless, and is compelled to accept whatever conditions or circ.u.mstances shall be granted.

Therefore I do not ask for liquor suffrage alone, nor for school suffrage alone, because that would amount to nothing. We must be able to have a voice in the election not only of every law-maker, but of every one who has to do either with the making or the executing of the laws.

Then you ask why we do not get suffrage by the popular-vote method, State by State? I answer, because there is no reason why I, for instance, should desire the women of one State of this nation to vote any more than the women of another State. I have no more interest as regards the women of New York than I as regards the women of Indiana, Iowa, or any of the States represented by the women who have come up here. The reason why I do not wish to get this right by what you call the popular-vote method, the State vote, is because I believe there is a United States citizenship. I believe that this is a nation, and to be a citizen of this nation should be a guaranty to every citizen of the right to a voice in the Government, and should give to me my right to express my opinion. You deny to me my liberty, my freedom, if you say that I shall have no voice whatever in making, shaping, or controlling the conditions of society in which I live.

I differ from Judge Hunt, and I hope I am respectful when I say that I think he made a very funny mistake when he said that fundamental rights belong to the States and only surface rights to the National Government. I hope you will agree with me that the fundamental right of citizenship, the right to voice in the Government, is a national right.

The National Government may concede to the States the right to decide by a majority as to what banks they shall have, what laws they shall enact with regard to insurance, with regard to property, and any other question; but I insist upon it that the National Government should not leave it a question with the States that a majority in any State may disfranchise the minority under any circ.u.mstances whatsoever. The franchise to you men is not secure. You hold it to-day, to be sure, by the common consent of white men, but if at any time, on your principle of government, the majority of any of the States should choose to amend the State const.i.tution so as to disfranchise this or that portion of the white men by making this or that condition, by all the decisions of the Supreme Court and by the legislation thus far there is nothing to hinder them.

Therefore the women demand a sixteenth amendment to bring to women the right to vote, or if you please to confer upon women their right to vote, to protect them in it, and to secure men in their right, because you are not secure.

I would let the States act upon almost every other question by majorities, except the power to say whether my opinion shall be counted. I insist upon it that no State shall decide that question.

Then the popular-vote method is an impracticable thing. We tried to get negro suffrage by the popular vote, as you will remember.

Senator Thurman will remember that in Ohio the Republicans submitted the question in 1867, and with all the prestige of the national Republican party and of the State party, when every influence that could be brought by the power and the patronage of the party in power was brought to bear, yet negro suffrage ran behind the regular Republican ticket 40,000.