Elizabeth Cady Stanton

The Collected Works


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Dr. Bowring, and Henry B. Stanton. Though Daniel O'Connell was not present during the discussion, having passed out with the President, yet in his first speech, he referred to the rejected delegates, paying a beautiful tribute to woman's influence, and saying he should have been happy to have added the right word in the right place and to have recorded his vote in favor of human equality..

      William Lloyd Garrison, having been delayed at sea, arrived too late to take part in the debates. Learning on his arrival that the women had been rejected as delegates, he declined to take his seat in the Convention; and, through all those interesting discussions on a subject so near his heart, lasting ten days, he remained a silent spectator in the gallery. What a sacrifice for a principle so dimly seen by the few, and so ignorantly ridiculed by the many! Brave, noble Garrison! May this one act keep his memory fresh forever in the hearts of his countrywomen!

      The one Abolitionist who sustained Mr. Garrison's position, and sat with him in the gallery, was Nathaniel P. Rogers, editor of the Herald of Freedom, in Concord, New Hampshire, who died in the midst of the Anti-Slavery struggle. However, the debates in the Convention had the effect of rousing English minds to thought on the tyranny of sex, and American minds to the importance of some definite action toward woman's emancipation.

      The movement for woman's suffrage, both in England and America, may be dated from this World's Anti-Slavery Convention.

      CHAPTER IV.

      New York.

       Table of Contents

      The First Woman's Rights Convention, Seneca Falls, July 19-20, 1848—Property Rights of Women secured—Judge Fine, George Geddes, and Mr. Hadley pushed the Bill through—Danger of meddling with well-settled conditions of domestic happiness—Mrs. Barbara Hertell's will—Richard Hunt's tea-table—The eventful day—James Mott President—Declaration of sentiments—Convention in Rochester—Clergy again in opposition with Bible arguments.

      New York with its metropolis, fine harbors, great lakes and rivers; its canals and railroads uniting the extremest limits, and controlling the commerce of the world; with its wise statesmen and wily politicians, long holding the same relation to the nation at large that Paris is said to hold to France, has been proudly called by her sons and daughters the Empire State.

      But the most interesting fact in her history, to woman, is that she was the first State to emancipate wives from the slavery of the old common law of England, and to secure to them equal property rights. This occurred in 1848. Various bills and petitions, with reference to the civil rights of woman, had been under discussion twelve years, and the final passage of the property bill was due in no small measure to two facts. 1st. The constitutional convention in 1847, which compelled the thinking people of the State, and especially the members of the convention, to the serious consideration of the fundamental principles of government. As in the revision of a Constitution the State is for the time being resolved into its original elements in recognizing the equality of all the people, one would naturally think that a chance ray of justice might have fallen aslant the wrongs of woman and brought to the surface some champion in that convention, especially as some aggravated cases of cruelty in families of wealth and position had just at that time aroused the attention of influential men to the whole question. 2d. Among the Dutch aristocracy of the State there was a vast amount of dissipation; and as married women could hold neither property nor children under the common law, solid, thrifty Dutch fathers were daily confronted with the fact that the inheritance of their daughters, carefully accumulated, would at marriage pass into the hands of dissipated, impecunious husbands, reducing them and their children to poverty and dependence. Hence this influential class of citizens heartily seconded the efforts of reformers, then demanding equal property rights in the marriage relation. Thus a wise selfishness on one side, and principle on the other, pushed the conservatives and radicals into the same channel, and both alike found anchor in the statute law of 1848. This was the death-blow to the old Blackstone code for married women in this country, and ever since legislation has been slowly, but steadily, advancing toward their complete equality.

      Desiring to know who prompted the legislative action on the Property Bill in 1848, and the names of our champions who carried it successfully through after twelve years of discussion and petitioning, a letter of inquiry was addressed to the Hon. George Geddes of the twenty-second district—at that time Senator—and received the following reply:

      Fairmount, Onondaga Co., N. Y.,

       November 25, 1880.

      Mrs. Matilda Joslyn Gage:

      Dear Madam:—I was much gratified at the receipt of your letter of the 22d inst., making inquiries into the history of the law of 1848 in regard to married women holding property independently of their husbands. That the "truth of history" may be made plain, I have looked over the journals of the Senate and Assembly, and taken full notes, which I request you to publish, if you put any part of this letter in print.

      I have very distinct recollections of the whole history of this very radical measure. Judge Fine, of St. Lawrence, was its originator, and he gave me his reasons for introducing the bill. He said that he married a lady who had some property of her own, which he had, all his life, tried to keep distinct from his, that she might have the benefit of her own, in the event of any disaster happening to him in pecuniary matters. He had found much difficulty, growing out of the old laws, in this effort to protect his wife's interests.

      Judge Fine was a stately man, and of general conservative tendencies, just the one to hold on to the past, but he was a just man, and did not allow his practice as a lawyer, or his experience on the bench, to obscure his sense of right. I followed him, glad of such a leader.

      I, too, had special reasons for desiring this change in the law. I had a young daughter, who, in the then condition of my health, was quite likely to be left in tender years without a father, and I very much desired to protect her in the little property I might be able to leave. I had an elaborate will drawn by my old law preceptor, Vice-Chancellor Lewis H. Sandford, creating