CHAPTER XVII VOTES FOR WOMEN

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There is always a large percentage of people who range themselves on the side of the majority in regard to any question of the day. They range themselves there not because of any principle involved, but simply and solely because they consider this mode of action expedient. And they feel far safer, far happier, taking the flabby, muscleless arm of Expediency than in venturing into unknown difficulties behind the uncompromisingly stiff figure of Principle. But there are others-thank God for them!—who hate the shifty, cunning eye of Expediency far too much to have anything to do with him. These others would far rather be in the minority in championing some good cause than with the "expedient" majority.

These others are the pioneers of civilization. Sometimes—to-day we have many cases in point as regards the social crusade of brave women against taxation without representation—they are martyrs as well as pioneers. But the splendid spirit of knight-errantry, which shone so vividly with the fire of enthusiasm in medieval days, is still abroad in our midst to-day. A few militant personalities fight for a great cause, a great principle— the raising of a better moral tone amongst us, the betterment of the lives of their fellows. Newman was one of these. His sword was always in the thickest of the fight when it was a fight against some social injustice to his fellow citizens. Forty years ago and more he spoke out in championship of woman's rights. So long ago as 1867 he led the movement which tilted at social wrongs, social injustices dealt out to the sex. It is a movement which has taken, as I said, more than half a century to make its way to the position it holds to-day. It has been opposed bitterly almost every inch of the way by men who love expediency, and turn their backs on the principle of the thing; which is fair play for women. Nevertheless, England is a country which prides herself on her keen sense of justice and freedom.

If Newman had done nothing else, his work for this movement would be unforgettable; his words were so outspoken, his way of dealing with the subject so broad-minded. In one of his articles he urged the following on his fellow men:—"Readers of History, and Lawyers, are aware that women's wrongs are an ancient and terribly persistent fact…. Why has our law been so unjust to women?—Because women never had a voice in the making of it, and men as a class have not realized the oppression of women as a class" (the italics are my own). "Men have deep in their hearts the idea that women ought to be their legal inferiors; that neither the persons of women nor their property ought to remain their own; that marriage is not a free union on equal terms; and that the law ought to favour the stronger sex against the weaker. It is remarkable that our law is more unjust to women than that of the great historically despotic nations, and in some important respects less favourable than that of the Turks. All these things point out that equality of the sexes in respect to the Parliamentary Franchise is essential to justice. The conscience of men is opening to the truth…." "Readers of newspapers cannot be ignorant of the miseries endured by wives from brutal husbands. In ordinary decorous families, sons at lavish expense are trained to self-support. The daughters in one class have nothing spent on their education; in another, are educated as elegant ornaments of a drawing-room, where they live in luxury for a parent's delight; yet when he dies, and their youth is spent, they are often turned adrift into comparative poverty, incompetent for self-help. When complaint is made of this, the ascendant sex graciously tells them, 'they ought to marry,' and this in a country where women are counted by the hundred thousand more numerous than men; where also men do not universally accept the state of marriage. Meanwhile, the law is made as if to dissuade the woman from such a remedy. If she dare to adopt it, it instantly strips her of all her property, great or little; [Footnote: Since then some amendment of the wrong has been done by the "Married Women's Property Act."] and if she earn anything, authorizes her husband to seize it by force. In the Marriage Service, the husband, as if in mockery, says, 'With all my worldly goods I thee endow': while the law allows him to gamble away her whole fortune the day after the marriage, or to live in riotous indulgence on her money, and give to her the barest necessaries of life…. He may maliciously refuse her the sight of her own children…. And if to gain one sight of them she return to his house for two days, the law holds her to have 'condoned' all his offences however flagrant."

Mr. Haweis many years ago said a very significant thing. He said that the best—if the rarest—men had always a good share of the woman nature in themselves. Francis Newman was one of these men. He understood the woman's point of view without any telling. He knew instinctively, intuitively, the mental cramp, the moral inability to rise to her full stature, which is induced by man's perpetual effort to fit her into a measured mould prepared by himself. He knew that if "a man's reach must exceed his grasp, or what's a heaven for?" what a hell faced the woman who could not even reach forward to fulfil all the many aims which she was conscious were stirring within her, longing for attainment. He had seen women, his countrywomen, shake the bars behind which they faced their world for the very passion of revolt against these man-set limits, which kept them in on every side. He knew that, of all hard fates, perhaps few are more bitter than to feel the power and ability within you to do some work as well as another does it, and yet to have no freedom to use that power. To be forced, by man-made laws, to wrap up your talent in the napkin of legal red-tapeism, when everything within you, perhaps, urges you to turn it to good account.

Let us look for one moment at some of the legal disabilities of women to- day. Perhaps some of us are hardly aware to what an almost incredible distance they reach.

Mr. Henry Schloesser, barrister-at-law of the Inner Temple, [Footnote: In his pamphlet published by the Women's Social and Political Union.] very explicitly explains how they affect women. "At Common Law the father is entitled against the mother to the custody of the children, and this right he could only forfeit by gross misconduct; so also he was entitled to prescribe their mode of education…. He remains prima facie the guardian of his children, to the exclusion of the mother" [the italics are my own]. "Alone of the learned professions, the medical is open to women…." (She constantly proves her aptitude to take the same honours as man as regards the others, but he still growls over his share and keeps her out.) "A husband is not bound at Common Law to cohabit with or maintain his wife."

These facts show luridly against the sky of woman's world, but perhaps few men know what purgatorial fires they light in many a woman's heart to-day. They show that man's injustice to her does not only concern her in public life, but even in the home life (to which he would fain limit her energies); she has practically no legal status at all. She has not even a right to her own children in the eye of the law. Quite recently a judge decided that "a woman is not a parent in the eye of the law," and therefore powerless in things relating to her children. She is excluded from the guardianship of them. Yet so curiously irrational is this same English law that, should any woman wronged by a man become mother to an illegitimate child, upon her falls the whole onus of its maintenance until it is sixteen years old. The man gets off scot-free; for the world which condones an offence (which is shared by both) in the case of the man, condemns it in the woman.

Thus, as Mr. Thomas Johnston [Footnote: The Case for Woman's Suffrage, by Thomas Johnston. Published by the Women's Social and Political Union.] very clearly puts it: "Where there is any stigma or blame, the woman bears it alone…. Under the law of England to-day a man can secure divorce by simply proving the unfaithfulness of his wife. But the wife, in order to obtain a divorce from her husband for the same unfaithfulness, must, in addition, prove cruelty or desertion." This in itself is very one-sided law, and certainly indefensible.

Francis Newman describes this law in no measured terms. He declares in his article on "Marriage Laws" (1867) that what undeniably needs reform in our country's government is "the extravagant power given by our law to a husband…. The exclusive right attributed to him over the children is unjust and pernicious. His rights over his wife's person [Footnote: According to English law, as evidenced in a recent case, the wife is not "a person" at all; presumably, therefore, she is simply his chattel!] are extreme and monstrous…. We need a single short, sweeping enactment that, notwithstanding anything to the contrary in past statutes, no woman henceforth shall by marriage change her legal status or lose any part of her rights over property….

* * * * *

"We implore all true and genuine Conservatives not to delay and use half- measures, but to do justice to the sex in good time. He who tries to uphold injustice is the true and efficient revolutionist, while he thinks he is Conservative."

He goes on to touch thus on what is perhaps the most cruel injustice of all—that the law permits a man to deprive his wife of the children, who, before God, are as equally hers as his:—

"Not only with regard to property, also in regard to children, the law is unjust to women. The mother has to undergo much in bringing a child to maturity—the agony of childbirth… the countless cares of tending and watching by night and day. The child becomes the darling of her heart, the image of her dreams, the great centre of her thoughts and hopes; and after all her toils, the law permits a husband to take the child permanently out of her sight, and (if he choose) to put it under the charge of an enemy … who will fill its mind with falsehoods and teach it to hate and despise its mother. Such things are not possibilities merely and dreams; they are stern realities, and the law gives her no redress."

When one thinks of all that these words mean, one is face to face with the almost unthinkable fact that the case of the woman in England is unjust beyond description, and for this reason, that, as Newman says, "Men, who alone make the laws, make them with but little account of woman." At home with her children she is defenceless. She has no power over them, and her husband is not bound to "maintain" her, notwithstanding the sentence, which English law has made absolutely meaningless, of his marriage vow to her: "With all my worldly goods I thee endow."

In the world, if she have no husband or be unmarried, she is not a "person" in a legal sense; and during election time her house is described, in canvassing for votes, as having "no occupier"! In the world, too, she is unable to obtain a fair wage for her work. She may do the work as well as man, but nevertheless, in most cases, her pay is less. Mr. Johnston tells us that the average male worker's wage has been calculated to be about 18s., but the average woman worker's wage is only about 7s. And when women find out these many injustices suffered at home and in the world by their sex, as Miss Christabel Pankhurst says, they are absolutely unable to right these wrongs, for "women have no political power."

Here is the pivot round which the wrongs of women revolve—her lack of legal status, her voicelessness as regards the laws of her country, the country which is so openly irrational as to count her a "person" when it wants to get a tax out of her, but refuses to do so at any other time when she has something to ask of it in return!

Once the parliamentary vote is given to women, the same results would follow in England as have followed elsewhere. Wages and hours of labour are made just for women, as in many respects they have been now made for men. The laws of divorce are the same. Mothers are made joint guardians of their children with their fathers. The age of protection for girls is raised to 18. [Footnote: At the present moment, by the English law, a girl can contract a valid marriage at twelve years of age; a boy at fourteen. (See Legal Status of Women, by H. H. Schloesser.)] In New South Wales, after the women were given the vote, Dr. Mackellar brought in a bill to deal with the protection of illegitimate children, which has answered admirably; while in New Zealand and Australia the Wages Board, which the women's vote helped to pass, has raised in both countries the wages of women from 5s. to l6s. per week for the same amount of work done. And in other respects it has abolished sweating—that crucial question of crucial questions in England to-day.

There is another point, too, amongst many others, in which the vote helped the national life in Australia in the giving of old age pensions. Perhaps had women the vote here in England, the shameful system in which old men and women are separated in the last years of their life, as the workhouses ordain, would be altered. And this is a question which demands immediate attention—immediate attention; for more than £26,000,000 are paid by taxpayers each year to be spent in great part on our wretched system of poor laws.

Francis Newman was strongly against poor laws administered as they are in England to-day, as, indeed, is every thoughtful man. He was also strongly of opinion that there should be women on juries in some cases. And indeed it is a fact that women magistrates, as well as women jurors, are most certainly a sine qu non in those cases where, at the present moment, owing to juries being composed of men only, common justice for the unrepresented Englishwoman in relation with the other sex is not, in a great proportion of cases, rendered her. But even were women made eligible for these offices, it would be no new thing, for in Mary Tudor's reign there were two women appointed justices of the peace; and, of course, always there has been a provision in law for "a jury of matrons" in certain cases.

Indeed, when one goes far enough back in research into most questions, the invariable lesson, is taught us, which we are always so reluctant, in our cocksureness of the "antiquity" of our present-day conditions of life, to learn, and we find that our arrangements very often are not "as it was in the beginning," but only mushroom growths of a decade or two. As Mrs. Wolstenholme Elmy very justly says in her recent pamphlet on "Woman's Franchise," women possessed voting rights from time immemorial, and the year 1832 was the year when they were dispossessed of many ancient rights by the Reform Act passed in that year.

As regards other disabilities of women, Francis Newman wrote very fully and very strongly upon them, and it is impossible to leave them unmentioned here. In 1869 he wrote: "There is one important matter which young men need specially to be taught, viz. that at no time of life is any man … exempt from the essential duty of curbing animal impulses…. Nothing so paralyzes his force of Will as to be told that some men have from God the gift of continence, and others have it not. This doctrine is disastrously prominent in the Anglican marriage service, and is borrowed from St. Paul. But that great and deep-hearted apostle was unmarried and without personal experience. He writes, not as one revealing supernatural communications, but as imparting his best wisdom…. A general and just inference is, that a firm self-restraint is necessary and salutary for every man."

It is impossible to write more strongly and clearly of the wickedness of women's ancestral personal rights being swept away than does Newman in articles published in the fourth volume of his Miscellanies. He does not disguise the shameful state of the law as it affects woman to-day, and as it is carried out by Government—that law which makes wrongdoing so easy and unpunishable for man, and so hard and unjust to woman. The unjustifiableness of certain laws was shown up with no uncertain pen by him. He was himself convinced of their iniquity; and once convinced, he stood forward as a modern John the Baptist, spared no one, and passionately accused his countrymen of the injustice, immorality, and cruelty of their making one law for men and another for women. He inveighed against the world's point of view of this subject: and this not once, nor twice, but constantly; and urged with all his might that these wrongs to his countrywomen should be righted. Nevertheless his articles, many of them, are forgotten. The dust of neglect is lying thick upon them on many an unused shelf to-day. His voice has long been silent; and no doubt it has been said of him (as it was by a Church dignitary of Father Dolling at his death): "We shan't be worried any more by him now about the righting of social abuses." Laws against which Newman declaimed are not altered yet, and we are a long way from those far-reaching reforms he advocated. But the words he wrote are not dead. They are in our midst to- day, and they stir depths to-day in the hearts of his countrymen in suggestions towards social reformation; towards the righting of wrongs just as glaring to-day as they were a century ago. Questions which can never be put superficially aside, by men who, like Newman, cannot endure to leave a social wrong unredressed, if they can by any searching find the remedy.

                                                                                                                                                                                                                                                                                                           

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