A Short History of Women's Rights Part 18

[Sidenote: Age of Legal consent.]

[Sidenote: The beginnings of higher education for women.]

The Puritans, burning with an unquenchable zeal for liberty, fled to America in order to build a land of freedom and strike off the shackles of despotism. After they were comfortably settled, they forthwith proceeded, with fine humour, to expel mistress Anne Hutchinson for venturing to speak in public, to hang superfluous old women for being witches, and to refuse women the right to an education. In 1684, when a question arose about admitting girls to the Hopkins School of New Haven, it was decided that "all girls be excluded as improper and inconsistent with such a grammar school as ye law enjoins and as in the Designs of this settlement." "But," remarks Professor Thomas, "certain small girls whose manners seem to have been neglected and who had the natural curiosity of their s.e.x, sat on the schoolhouse steps and heard the boys recite, or learned to read and construe sentences from their brothers at home, and were occasionally admitted to school."

In the course of the next century the world moved a little; and in 1789, when the public school system was established in Boston, girls were admitted from April to October; but until 1825 they were allowed to attend primary schools only. In 1790 Gloucester voted that "two hours, or a proportional part of that time, be devoted to the instruction of females." In 1793 Plymouth accorded girls one hour of instruction daily.

The first female seminary in the United States was opened by the Moravians in Bethlehem, Pennsylvania, in 1749. It was unique. In 1803, of 48 academies or higher schools fitting for college in Ma.s.sachusetts, only three were for girls, although a few others admitted both boys and girls.

The first instance of government aid for the systematic education of women occurred in New York, in 1819. This was due to the influence of a remarkable woman. Mrs. Emma Willard had begun teaching in Connecticut and by extraordinary diligence mastered not only the usual subjects of the curriculum, but in addition botany, chemistry, mineralogy, astronomy, and the higher mathematics. She had, moreover, striven always to introduce new subjects and new methods into her school, and with such success that Governor Clinton, of New York, invited her to that State and procured her a government subsidy. Her school was established first at Watervliet, but soon moved to Troy. This seminary was the first girls' school in which the higher mathematics formed a part of the course; and the first public examination of a girl in geometry, in 1829, raised a storm of ridicule and indignation--the clergy, as usual, prophesying the speedy dissolution of all family bonds and therefore, as they continued with remorseless logic, of the state itself. But Mrs.

Willard continued her ways in spite of clerical disapproval and by-and-by projected a system of normal schools for the higher education of teachers, and even suggested women as superintendents of public schools. New York survived and does not even remember the names of the patriots who fought a lonely woman so valiantly.

The first female seminary to approach college rank was Mt. Holyoke, which was opened by Mary Lyon at South Hadley, Ma.s.s., in 1836. Va.s.sar, the next, dates from 1865; and Radcliffe, the much-abused "Harvard Annex," was inst.i.tuted in 1879. These were the first colleges exclusively for women. Oberlin College had from its foundation, in 1833, admitted men and women on equal terms; although it took pains to express its hearty disapproval of those women who, after graduation, had the temerity to advocate political rights for women--rights which that same Oberlin insisted should be given the negro at once. In 1858, when Sarah Burger and other women applied for admission to the University of Michigan, their request was refused.

[Sidenote: First women in medicine.]

It was hard enough for women to a.s.sert their rights to a higher education; to enter a profession was almost impossible. Nevertheless, it was done. The pioneer in medicine was Harriet K. Hunt who practised in Boston from 1822 to 1872 without a diploma; but in 1853 the Woman's Medical College of Pennsylvania conferred upon her the degree of Doctor of Medicine. The first woman to receive a diploma from a college after completing the regular course was Elizabeth Blackwell, who attained that distinction at Geneva, New York, in 1848. The first adequate woman's medical inst.i.tution was Miss Blackwell's New York Infirmary, chartered in 1854. In 1863, Dr. Zakrzewska, in co-operation with Lucy G.o.ddard and Ednah D. Cheney, established the New England Hospital for Women and Children, which aimed to provide women the medical aid of competent physicians of their own s.e.x, to a.s.sist educated women in the practical study of medicine, and to train nurses for the care of the sick.[411]

[Sidenote: In law.]

In law, it would seem that Mistress Brut practised in Baltimore as early as 1647; but after her the first woman lawyer in the United States was Arabella A. Mansfield, of Mt. Pleasant, Iowa. She was admitted to the bar in 1864. By 1879 women were allowed to plead before the Supreme Court of the United States.[412]

[Sidenote: In the ministry.]

Coming now to the consideration of the ministry, the first woman to attempt to a.s.sert a right to that profession was Anne Hutchinson, of Boston, in 1634. She was promptly banished. Among the Friends and the Shakers women like Lucretia Mott and Anne Lee preached; and among the primitive Methodists and similar bodies women were always permitted to exhort; but the first regularly ordained woman in the United States appears to have been Rev. Antoinette Brown Blackwell, of the Congregational Church who was ordained in 1852. In 1864 Rev. Olympia Brown settled as pastor of the parish at Weymouth Landing, in Ma.s.sachusetts; and the Legislature acknowledged marriages solemnised by women as legal. Phebe Hanaford, Mary H. Graves, and Lorenza Haynes were the first Ma.s.sachusetts women to be ordained preachers of the Gospel; the latter was at one time chaplain of the Maine House of Representatives. The best known woman in the ministry at the present day is Rev. Anna Howard Shaw, a Methodist minister, president of the National American Woman's Suffrage a.s.sociation.[413]

[Sidenote: As newspaper editors.]

Women have from very early times been exceedingly active in newspaper work. Anna Franklin printed the first newspaper in Rhode Island, in 1732; she was made official printer to the colony. When the founder of the _Mercury_, of Philadelphia, died in 1742, his widow, Mrs. Cornelia Bradford, carried it on for many years with great success, just as Mrs.

Zenger continued the _New York Weekly Journal_--the second newspaper started in New York--for years after the death of her husband. Anna K.

Greene established the _Maryland Gazette_, the first paper in that colony, in 1767. Penelope Russell printed _The Censor_ in Boston, in 1771. In fact, there was hardly a colony in which women were not actively engaged in printing. After the Revolution they were still more active. Mrs. Anne Royal edited _The Huntress_ for a quarter of a century. Margaret Fuller ran _The Dial_, in Boston, in 1840 and numbered Emerson and William Channing among her contributors. From 1840 to 1849 the mill girls of Lowell edited the _Lowell Offering_. These are but a few examples of what women have done in newspaper work. How very influential they are to-day every one knows who is familiar with the articles and editorial work appearing in newspapers and magazines; and that women are very zealous reporters many people can attest with considerable vigour.[414]

[Sidenote: Women in industry.]

The enormous part which women now play in industry and in all economic production is a concomitant of the factory system, specialised industry, and all that makes a highly elaborated and complex society. Before the introduction of machine industry, and in the simple society of the colonial days, women were no less a highly important factor in economic production; but not as wage earners. Their importance lay in the fact that spinning, weaving, brewing, cheese and b.u.t.ter making, and the like were matters attended to by each household to supply its own wants; and this was considered the peculiar sphere of the housewife. In 1840 Harriet Martineau found only seven employments open to women in the United States, viz., teaching, needlework, keeping boarders, working in cotton mills and in book binderies, type-setting, and household service.

I shall now present a series of fifty tables, by means of which the reader may see at a glance the status of women in all the States to-day.

For convenience, I shall arrange the views alphabetically.

TABLES SHOWING THE PRESENT STATUS OF WOMEN IN THE UNITED STATES.

The right of "dower," as used in these tables, refers to the widow's right, under the Common Law, to the possession, for her life-time, of one third of the real estate of which her husband was possessed in fee-simple during the marriage.

"Curtesy" is the right of the husband after his wife's death to the life use of his wife's real estate, sometimes dependent on the birth of children, sometimes not; and usually the absolute right to her whole personal estate.

It must be remembered that the enforcement Of certain laws, particularly in regard to child labour, is extremely lax in many States.

It will be noted also that an unscrupulous employer could find loopholes in some of the statutes. The reader can observe these things for himself in his particular State.

_Alabama_

AGE OF LEGAL CONSENT: 14.

POPULATION: Male 916,764; female 911,933.

HUSBAND AND WIFE: Wife controls own earnings and has full control of own property; but she cannot mortgage her real and personal property or alienate it without husband's consent. Married women may execute will without concurrence of husband and may bar latter's right of curtesy.

Husband may appoint guardian for children by will; but wife has custody of them until they are fourteen. If a wife commits a crime in partners.h.i.+p with her husband she cannot be punished (except for murder and treason). Husband is not required by law to support the family.

DIVORCE: Absolute divorce is granted for incurable impotence, adultery, desertion for two years, imprisonment for two years or more, crimes against nature, habitual drunkenness after marriage; in favour of husband if wife was pregnant at time of marriage without his knowledge or agency, in favour of wife for physical violence on part of husband endangering life or health, or when there is reasonable apprehension of such violence.

Limited divorce is granted for cruelty in either of the parties or any other cause which would justify absolute divorce, if the party desires only a divorce from bed and board.

LABOUR LAWS: Women not allowed to work in mines. Children under 12 not permitted to work in any factory. All employers of women must provide seats and must allow women to rest when not actively engaged.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: There is no suffrage. Women not eligible for any elective office; they may be notaries public. There are 18 women in the ministry, 12 journalists, 1 dentist, 3 lawyers, 16 doctors, 3 professors, 2 bankers, 5 saloon keepers, 4 commercial travellers, 11 carpenters, etc.

_Arizona_

AGE OF LEGAL CONSENT: 17.

POPULATION: Male 71,795; female 51,136.

HUSBAND AND WIFE: Husband controls wife's earnings. Wife has control of property which she had before marriage. Wife may contract debts for necessaries for herself and children upon credit of husband. She may sue and be sued and make contracts in her own name as regards her separate property, but must sue jointly with husband for personal injuries, and damages recovered are community property and in his control. Father is legal guardian of minor children; at his death mother becomes guardian as long as she remains unmarried.

DIVORCE: Absolute divorce for excesses, cruelty, or outrage, adultery, impotence, conviction for a felony, desertion for one year, neglect of husband to provide for one year, habitual intemperance; in favour of husband if wife was pregnant at time of marriage without his knowledge or agency.

There is no limited divorce; but when the husband wilfully abandons his wife, she can maintain an action against him for permanent maintenance and support.

LABOUR LAWS: No woman or minor may work or give any exhibition in a saloon.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women 21 years old or more who are mothers or guardians of a child of school age are eligible to the office of school trustee and may vote for such officers. There are 12 women in the ministry, 1 dentist, 2 journalists, 4 lawyers, 4 doctors, 628 saloon keepers, 2 bankers, etc.

_Arkansas_

AGE OF LEGAL CONSENT: 16.

POPULATION: Male 675,312; female 636,252.

HUSBAND AND WIFE: Wife controls own earnings. Dower exists, but not curtesy. Wife may sell or transfer her separate real estate without husband's consent. Father is legal guardian of children, but cannot apprentice them or create testamentary guardians.h.i.+p for them without wife's consent. At husband's death wife may be guardian of persons of children, but not of their property, unless derived from her.

DIVORCE: Absolute or limited divorce for impotence, wilful desertion for a year, when husband or wife had a former wife or husband living at the time of the marriage sought to be set aside, conviction for felony or other infamous crime, habitual drunkenness for one year, intolerable indignities, and adultery subsequent to marriage.

LABOUR LAWS: Labour contracts of married women, approved by their husbands, are legal and binding. No woman may work in a mine.