The History of Woman Suffrage Volume IV Part 127

2. Born in America and loyal to her inst.i.tutions, we protest against being made perpetual aliens.

3. Costing the treasuries of our counties nothing, we protest against acknowledging the male pauper as our political superior.

4. Being obedient to law, we protest against the statute which cla.s.ses us with the convict and makes the pardoned criminal our political superior.

5. Being sane, we object to being cla.s.sed with the lunatic.

6. Possessing an average amount of intelligence, we protest against legal cla.s.sification with the idiot.

7. We taxpayers claim the right to representation.

8. We married women want to own our clothes.

9. We married breadwinners want to own our earnings.

10. We mothers want an equal partners.h.i.+p in our children.

11. We educated women want the power to offset the illiterate vote of our State.

Mrs. Meriwether sent this "confession of faith" to the presidents of every suffrage club and W. C. T. U. in Tennessee, giving them a fortnight to obtain signatures and adding, "The King's business requires haste." In two weeks it was returned with the names of 535 women, while several presidents wrote: "If you could only give us two weeks more we could double the number."[436]

LEGISLATIVE ACTIONS AND LAWS: Dower and curtesy both obtain. The widow receives one-third of the real estate, unless there are neither descendants nor heirs-at-law, when she takes it all in fee-simple. Of the personal property she takes a child's share, unless there are no lineal descendants, when she takes it all. The widower is ent.i.tled to a life interest in the wife's real estate, if there has been issue born alive, and to all of her personal estate whether there are children or not. The law provides that a homestead to the value of $1,000 shall inure to the widow.

The wife can neither sue nor be sued nor make contracts in her own name, unless the husband has deserted her or is insane. The husband is ent.i.tled to her earnings and savings.

Meigs' Digest says: "The general principle of the law is that marriage amounts to an absolute gift to the husband of all personal goods of which the wife is actually or beneficially possessed at the time, or which come to her during coverture. So that if it be money in her pocket or personal property in the hands of a third party, the t.i.tle vests at once in the husband.

"By right of his marriage the husband takes an interest in his wife's real estate, and during their joint lives the law gives him a right to the crops, profits and products of her lands. He has the usufruct of all her freehold estate. The husband is ent.i.tled to the profits of all lands held by the wife for her life, or for the life of another.

"When a marriage is dissolved at the suit of the husband, and the defendant is owner in her own right of lands, his right to and interest therein and to the rents and profits of the same, shall not be taken away or impaired, but the same shall remain to him as though the marriage had continued. And he shall also be ent.i.tled to her personal estate, in possession or in action, and may sue for and recover the same in his own name.

"When the wife is forced to separate from her husband, by reason of cruel and inhuman treatment from him, she may, by a bill in equity, have a suitable provision made for her support, out of the rents and profits _of her land_."

The code says: "A father, whether under the age of twenty-one years, or of full age, may by deed executed in his lifetime or by last will and testament in writing, from time to time and in such manner and form as he thinks fit, dispose of the custody and tuition of any legitimate child under the age of twenty-one years and unmarried, whether born at the time of his death or afterwards, during the minority of such child, or for a less time." If the father abandon the family the mother becomes guardian, but she can not appoint one by will.

No law requires the husband to support wife or children.

The legal age for marriage is fourteen years for boys and twelve for girls.

By earnest pleading and continual pet.i.tioning during the past ten years women have secured the following: 1. The pa.s.sage of a bill making women eligible as superintendents of county schools. 2. Police matrons in two cities--Memphis and Knoxville. 3. A law raising the "age of protection" for girls from 10 to 16 years (1893), but if over 12 the crime is only a misdemeanor. The penalty is, if under 12, "death by hanging, or, in the discretion of the jury, imprisonment in the penitentiary for life or for a period not less than ten years;" if over 12, "imprisonment in the penitentiary not less than three months nor more than ten years; provided no conviction shall be had on the unsupported testimony of the female ... or if the female is a bawd, lewd or kept female." (1895.)

SUFFRAGE: Women possess no form of suffrage.

OFFICE HOLDING: Women are not eligible to any elective office except that of county superintendent of schools, which was provided for by special statute about 1890. They can not serve as school trustees.

For a number of years all the librarians and engrossing clerks of both Senate and House have been women. They can not act as notaries public.

OCCUPATIONS: Women have engaged in the practice of law, but this was forbidden by a recent decision of the Supreme Court (1901). It was based on the ground that an attorney is a public officer, and as women are not legally ent.i.tled to hold public office they can not practice law.

EDUCATION: Degrees in law have been conferred upon several women at Vanderbilt University, for white students, and at Fiske University, for colored. All inst.i.tutions of learning, except a few of a sectarian nature, are coeducational.

In the public schools there are 5,019 men and 4,195 women teachers.

The average monthly salary of the men (estimated) is $31.88; of the women, $26.18.

FOOTNOTES:

[435] The History is indebted for this chapter to Mrs. Lida A.

Meriwether of Memphis, honorary president of the State Woman Suffrage a.s.sociation.

[436] Among prominent men who have aided in protective and progressive work for women are Legislators W. H. Milburn, Thomas A. Baker and Joseph Babb; Editors G. W. Armistead of the _Issue_, Gideon Baskette of the Nashville _Banner_ and J. M. Keating of the Memphis _Appeal_; the Revs. H. S. Williams, W. B. Evans, C. H. Wilson and T. B. Putnam; Judges E. H. East and Arthur Simpson. Among women may be mentioned Mesdames E. J. Roach, Georgia Mizelle, Bettie M. Donaldson, Margaret Gardner, Emily Settle, Ida T. East, Caroline Goodlett, S. E. Dosser, A. A. Gibson, Mary T. McTeer and Kate M. Simpson; Misses Louise and Mary Drouillard, J. E. Baillett, M. L. Patterson and S. E. Hoyt. Lo!

all these are of the faithful--and yet "the half hath not been told."

CHAPTER LXV.

TEXAS.[437]

The first addresses in favor of woman suffrage in Texas are believed to have been given by Mrs. Mariana T. Folsom in 1885. The first attempt at organization was made on May 10, 1893, when Mrs. Rebecca Henry Hayes called a meeting in the parlors of the Grand Windsor Hotel at Dallas for the purpose of forming a State a.s.sociation. Fifty-two names were enrolled; Mrs. Hayes was made president, Dr. Lawson Dabbs corresponding secretary, and Margaret L. Watrous, recording secretary.[438] Mrs. Sarah S. Trumbull was elected State organizer and auxiliary a.s.sociations were formed in various towns. Mrs. Hayes traveled 9,000 miles in the interest of this cause during the next two years, but as Texas has 360 counties and a scattered and widely separated population, organized work is very difficult.

In 1896 Mrs. Elizabeth Good Houston became president. Mrs. Alice McAnulty served a number of years most efficiently as corresponding secretary. Dr. Grace Danforth also did effective work. Mrs. L. A.

Craig presented the question to the Democratic State Convention of 1894, but without any practical result. Mrs. McAnulty and Mrs.

Elizabeth Fry attended the Populist State Convention the same year, but no action was taken.

Since 1887 the State W. C. T. U. has been pledged to woman suffrage.

The president, Mrs. S. C. Acheson, under whose management it was adopted, was an enthusiast upon the subject. Mrs. Fry was the first State superintendent of franchise, and, through both the W. C. T. U.

and the W. S. A., has rendered valuable service. Later, Mrs. Mary E.

Prendergast filled this position, distributing much literature and speaking in many cities. Judge Davis McGee Prendergast became a convert before his wife and convinced her of the righteousness of woman suffrage. These two ladies are southern-born and life-long Texans.

LEGISLATIVE ACTION AND LAWS: In 1891, through the efforts of the W. C.

T. U., the "age of protection" for girls was raised from 10 to 12 years. In 1895 it was raised to 15 years. The penalty is death or imprisonment in the penitentiary from not less than five years to life.

No attempt ever has been made to secure the franchise, but at this time (1895) the women learned that thirty of the legislators believed in woman suffrage, one of them declaring: "If some of these seats were occupied by women, we men would do better work."

Neither dower nor curtesy obtains. If there are any lineal descendants a surviving husband or wife is ent.i.tled to a life interest in one-third of the real estate and to one-third of the personal estate absolutely; if none, to all the personal property and a life interest in one-half the real estate. If there are neither father, mother, brothers, sisters nor their descendants, the surviving husband or wife is ent.i.tled to the whole estate, both real and personal, as to separate property.

In addition to such provision, one-half of the community property pa.s.ses to the widow or widower if there are one or more children and the whole of such property if there are no lineal descendants. A widow or widower is also ent.i.tled to retain a homestead not exceeding $5,000 in value. If either husband or wife die without a will or become insane, and there are no living descendants, and the other party to the marriage has no separate estate, the community property pa.s.ses to the survivor without an administration, unless there is a guardians.h.i.+p by the State of the insane spouse. If, however, there are descendants, the survivor has the exclusive management of the community property. A woman loses this right if she contract another marriage. In the event of the insane person being restored to a sound mental condition, an accounting of such property must be rendered.

The property which a woman owns at marriage, or acquires by gift, devise or descent afterward, remains her separate estate, but pa.s.ses under the absolute control of the husband, except that he can not sell it without her consent.

The wife can not sell her separate property without the husband's consent. He may sell his separate property without hers.

He may also sell the community property, except the homestead, without her consent.

The wife must sue and be sued jointly with her husband in regard to her separate property, and all other matters.