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Part 1

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ENFRANCHISEMENT OF WOMEN.

AN ESSAY BY

MRS. JOHN STUART MILL.

REPRINTED FROM THE

WESTMINSTER AND FOREIGN QUARTERLY REVIEW,

FOR JULY, 1851.

NEW YORK:

Office of “THE REVOLUTION”

NO. 37 PARK ROW (ROOM 17)

1868

ENFRANCHISEMENT OF WOMEN:

BY MRS. JOHN STUART MILL.

REPRINTED FROM THE

"WESTMINSTER AND FOREIGN QUARTERLY REVIEW,"

FOR JULY, 1851.

Most of our readers will probably learn from these pages, for the first time, that there has arisen in the United States, and in the most civilized and enlightened portion of them, an organized agitation on a new question,--new, not to thinkers, nor to any one by whom the principles of free and popular government are felt, as well as acknowledged, but new, and even unheard of, as a subject for public meetings and practical political action. This question is, the enfranchisement of women; their admission, in law, and in fact, to equality in all rights, political, civil and social, with the male citizens of the community.

It will add to the surprise with which many will receive this intelligence, that the agitation which has commenced is not a pleading by male writers and orators _for_ women, those who are professedly to be benefited remaining either indifferent or ostensibly hostile; it is a political movement, practical in its objects, carried on in a form which denotes an intention to persevere. And it is a movement not merely _for_ women, but _by_ them. Its first public manifestation appears to have been a convention of women, held in the State of New York, July, 1848. Of this meeting we have seen no report. On the 23d and 24th of October last, a succession of public meetings was held at Worcester, in Massachusetts, under the name of a "Women's Rights Convention," of which the president was a woman, and nearly all the chief speakers women; numerously reinforced, however, by men, among whom were some of the most distinguished leaders in the kindred cause of negro emancipation. A general and four special committees were nominated, for the purpose of carrying on the undertaking until the next annual meeting.

According to the report in the _New York Tribune_, above a thousand persons were present throughout, and, "if a larger place could have been had, many thousands more would have attended." The place was described as "crowded, from the beginning, with attentive and interested listeners." In regard to the quality of the speaking, the proceedings bear an advantageous comparison with those of any popular movement with which we are acquainted, either in this country or in America. Very rarely, in the oratory of public meetings, is the part of verbiage and declamation so small, that of calm good sense and reason so considerable. The result of the convention was, in every respect, encouraging to those by whom it was summoned; and it is probably destined to inaugurate one of the most important of the movements towards political and social reform, which are the best characteristic of the present age.

That the promoters of this new agitation take their stand on principles, and do not fear to declare these in their widest extent, without time-serving or compromise, will be seen from the resolutions adopted by the convention, part of which we transcribe:

_Resolved_, That every human being, of full age, and resident for a proper length of time on the soil of the nation, who is required to obey the law, is entitled to a voice in its enactment; that every such person, whose property or labor is taxed for the support of the government, is entitled to a direct share in such government. Therefore,

_Resolved_, That women are entitled to the right of suffrage, and to be considered eligible to office; and that every party, which claims to represent the humanity, the civilization, and the progress of the age, is bound to inscribe on its banners, equality before the law, without distinction of sex or color.

_Resolved_, That civil and political rights acknowledge no sex, and therefore the word "male" should be stricken from every state constitution.

_Resolved_, That, since the prospect of honorable and useful employment in after life is the best stimulus to the use of educational advantages, and since the best education is that we give ourselves, in the struggles, employments and discipline of life; therefore it is impossible that women should make full use of the instruction already accorded to them, or that their career should do justice to their faculties, until the avenues to the various civil and professional employments are thrown open to them.

_Resolved_, That every effort to educate women, without according to them their rights, and arousing their conscience by the weight of their responsibilities, is futile, and a waste of labor.

_Resolved_, That the laws of property, as affecting married persons, demand a thorough revisal, so that all rights be equal between them; that the wife have, during life, an equal control over the property gained by their mutual toil and sacrifices, and be heir to her husband precisely to that extent that he is heir to her, and entitled at her death to dispose by will of the same share of the joint property as he is.

The following is a brief summary of the principal demands:

1. _Education_ in primary and high schools, universities, medical, legal and theological institutions.

2. _Partnership_ in the labors and gains, risks and remunerations, of productive industry.

3. _A coëqual share_ in the formation and administration of laws,--municipal, state and national,--through legislative assemblies, courts, and executive offices.

It would be difficult to put so much true, just and reasonable meaning into a style so little calculated to recommend it as that of some of the resolutions. But whatever objection may be made to some of the expressions, none, in our opinion, can be made to the demands themselves. As a question of justice, the case seems to us too clear for dispute. As one of expediency, the more thoroughly it is examined, the stronger it will appear.

That women have as good a claim as men have, in point of personal right, to the suffrage, or to a place in the jury-box, it would be difficult for anyone to deny. It cannot certainly be denied by the United States of America, as a people or as a community. Their democratic institutions rest avowedly on the inherent right of every one to a voice in the government. Their Declaration of Independence, framed by the men who are still their great constitutional authorities,--that document which has been from the first, and is now, the acknowledged basis of their polity,--commences with this express statement:

"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."

We do not imagine that any American democrat will evade the force of these expressions by the dishonest or ignorant subterfuge, that "men," in this memorable document, does not stand for human beings, but for one sex only; that "life, liberty and the pursuit of happiness," are "inalienable rights" of only one moiety of the human species; and that "the governed," whose consent is affirmed to be the only source of just power, are meant for that half of mankind only, who, in relation to the other, have hitherto assumed the character of _governors_. The contradiction between principle and practice cannot be explained away. A like dereliction of the fundamental maxims of their political creed has been committed by the Americans in the flagrant instance of the negroes; of this they are learning to recognize the turpitude. After a struggle which, by many of its incidents, deserves the name of heroic, the abolitionists are now so strong in numbers and influence, that they hold the balance of parties in the United States. It was fitting that the men whose names will remain associated with the extirpation from the democratic soil of America of the aristocracy of color, should be among the originators, for America and for the rest of the world, of the first collective protest against the aristocracy of sex; a distinction as accidental as that of color, and fully as irrelevant to all questions of government.

Not only to the democracy of America the claim of women to civil and political equality makes an irresistible appeal, but also to those radicals and chartists in the British islands, and democrats on the continent, who claim what is called universal suffrage as an inherent right, unjustly and oppressively withheld from them. For with what truth or rationality could the suffrage be termed universal, while half the human species remain excluded from it? To declare that a voice in the government is the right of all, and demand it only for a part,--the part, namely, to which the claimant himself belongs,--is to renounce even the appearance of principle. The chartist who denies the suffrage to women is a chartist only because he is not a lord; he is one of those levellers who would level only down to themselves.

Even those who do not look upon a voice in the government as a matter of personal right, nor profess principles which require that it should be extended to all, have usually traditional maxims of political justice, with which it is impossible to reconcile the exclusion of all women from the common rights of citizenship. It is an axiom of English freedom, that taxation and representation should be coëxtensive. Even under the laws which give the wife's property to the husband, there are many unmarried women who pay taxes. It is one of the fundamental doctrines of the British constitution, that all persons should be tried by their peers; yet women, whenever tried, are tried by male judges and a male jury. To foreigners, the law accords the privilege of claiming that half the jury should be composed of themselves; not so to women. Apart from maxims of detail, which represent local and national, rather than universal ideas, it is an acknowledged dictate of justice, to make no degrading distinctions without necessity. In all things, the presumption ought to be on the side of equality. A reason must be given why anything should be permitted to one person, and interdicted to another. But when that which is interdicted includes nearly everything which those to whom it is permitted most prize, and to be deprived of which they feel to be most insulting; when not only political liberty, but personal freedom of action, is the prerogative of a caste; when even, in the exercise of industry, almost all employments which task the higher faculties in an important field, which lead to distinction, riches, or even pecuniary independence, are fenced round as the exclusive domain of the predominant section, scarcely any doors being left open to the dependent class, except such as all who can enter elsewhere disdainfully pass by; the miserable expediencies which are advanced as excuses for so grossly partial a dispensation would not be sufficient, even if they were real, to render it other than a flagrant injustice. While, far from being expedient, we are firmly convinced that the division of mankind into two castes, one born to rule over the other, is, in this case, as in all cases, an unqualified mischief; a source of perversion and demoralization, both to the favored class and to those at whose expense they are favored; producing none of the good which it is the custom to ascribe to it, and forming a bar, almost insuperable, while it lasts, to any really vital improvement, either in the character or in the social condition of the human race.

These propositions it is now our purpose to maintain. But, before entering on them, we would endeavor to dispel the preliminary objections which, in the minds of persons to whom the subject is new, are apt to prevent a real and conscientious examination of it. The chief of these obstacles is that most formidable one--custom. Women never have had equal rights with men. The claim in their behalf, of the common rights of mankind, is looked upon as barred by universal practice. This strongest of prejudices, the prejudice against what is new and unknown, has, indeed, in an age of changes like the present, lost much of its force; if it had not, there would be little hope of prevailing against it. Over three fourths of the habitable world, even at this day, the answer, "It has always been so," closes all discussion. But it is the boast of modern Europeans, and of their American kindred, that they know and do many things which their forefathers neither knew nor did; and it is, perhaps, the most unquestionable point of superiority in the present, above former ages, that habit is not now the tyrant it formerly was over opinions and modes of action, and that the worship of custom is a declining idolatry. An uncustomary thought, on a subject which touches the greater interests of life, still startles when first presented; but if it can be kept before the mind until the impression of strangeness wears off, it obtains a hearing, and as rational a consideration as the intellect of the hearer is accustomed to bestow on any other subject.

In the present case, the prejudice of custom is doubtless on the unjust side. Great thinkers, indeed, at different times, from Plato to Condorcet, besides some of the most eminent names of the present age, have made emphatic protests in favor of the equality of women. And there have been voluntary societies, religious or secular, of which the Society of Friends is the most known, by whom that principle was recognized. But there has been no political community or nation in which, by law, and usage, women have not been in a state of political and civil inferiority. In the ancient world, the same fact was alleged, with equal truth, in behalf of slavery. It might have been alleged in favor of the mitigated form of slavery, serfdom, all through the middle ages. It was urged against freedom of industry, freedom of conscience, freedom of the press; none of these liberties were thought compatible with a well-ordered state, until they had proved their possibility by actually existing as facts. That an institution or a practice is customary, is no presumption of its goodness, when any other sufficient cause can be assigned for its existence. There is no difficulty in understanding why the subjection of women has been a custom. No other explanation is needed than physical force.

That those who were physically weaker should have been made legally inferior, is quite conformable to the mode in which the world has been governed. Until very lately, the rule of physical strength was the general law of human affairs. Throughout history, the nations, races, classes, which found themselves the strongest, either in muscles, in riches, or in military discipline, have conquered and held in subjection the rest. If, even in the most improved nations, the law of the sword is at last discountenanced as unworthy, it is only since the calumniated eighteenth century. Wars of conquest have only ceased since democratic revolutions began. The world is very young, and has but just begun to cast off injustice. It is only now getting rid of negro slavery. It is only now getting rid of monarchical despotism. It is only now getting rid of hereditary feudal nobility. It is only now getting rid of disabilities on the ground of religion. It is only beginning to treat any _men_ as citizens, except the rich and a favored portion of the middle class. Can we wonder that it has not yet done as much for women? As society was constituted until the last few generations, inequality was its very basis; association grounded on equal rights scarcely existed; to be equals was to be enemies; two persons could hardly coöperate in anything, or meet in any amicable relation, without the law's appointing that one of them should be the superior of the other. Mankind have outgrown this state, and all things now tend to substitute, as the general principle of human relations, a just equality instead of the dominion of the strongest. But, of all relations, that between men and women being the nearest and most intimate, and connected with the greatest number of strong emotions, was sure to be the last to throw off the old rule and receive the new; for, in proportion to the strength of a feeling, is the tenacity with which it clings to the forms and circumstances with which it has even accidentally become associated.

When a prejudice which has any hold on the feelings finds itself reduced to the unpleasant necessity of assigning reasons, it thinks it has done enough when it has reässerted the very point in dispute, in phrases which appeal to the preëxisting feeling. Thus, many persons think they have sufficiently justified the restrictions on women's field of action when they have said that the pursuits from which women are excluded are _unfeminine_, and that the _proper sphere_ of women is not politics or publicity, but private and domestic life.

We deny the right of any portion of the species to decide for another portion, or any individual for another individual, what is and what is not their "proper sphere." The proper sphere for all human beings is the largest and highest which they are able to attain to. What this is, cannot be ascertained without complete liberty of choice. The speakers at the convention in America have, therefore, done wisely and right in refusing to entertain the question of the peculiar aptitudes either of women or of men, or the limits within which this or that occupation may be supposed to be more adapted to the one or to the other. They justly maintain that these questions can only be satisfactorily answered by perfect freedom. Let every occupation be open to all, without favor or discouragement to any, and employments will fall into the hands of those men or women who are found by experience to be most capable of worthily exercising them. There need be no fear that women will take out of the hands of men any occupation which men perform better than they. Each individual will prove his or her capacities, in the only way in which capacities can be proved, by trial; and the world will have the benefit of the best faculties of all its inhabitants. But to interfere beforehand by an arbitrary limit, and declare that whatever be the genius, talent, energy, or force of mind, of an individual of a certain sex or class, those faculties shall not be exerted, or shall be exerted only in some few of the many modes in which others are permitted to use theirs, is not only an injustice to the individual, and a detriment to society, which loses what it can ill spare, but is also the most effectual mode of providing that, in the sex or class so fettered, the qualities which are not permitted to be exercised shall not exist.

We shall follow the very proper example of the convention, in not entering into the question of the alleged differences in physical or mental qualities between the sexes; not because we have nothing to say, but because we have too much: to discuss this one point tolerably would need all the space we have to bestow on the entire subject[1]. But if those who assert that the "proper sphere" for women is the domestic mean by this that they have not shown themselves qualified for any other, the assertion evinces great ignorance of life and of history. Women have shown fitness for the highest social functions exactly in proportion as they have been admitted to them. By a curious anomaly, though ineligible to even the lowest offices of state, they are in some countries admitted to the highest of all, the regal; and if there is any one function for which they have shown a decided vocation, it is that of reigning. Not to go back to ancient history, we look in vain for abler or firmer rulers than Elizabeth; than Isabella of Castile; than Maria Theresa; than Catharine of Russia; than Blanche, mother of Louis IX. of France; than Jeanne d'Albret, mother of Henri Quatre. There are few kings on record who contended with more difficult circumstances, or overcame them more triumphantly, than these. Even in semi-barbarous Asia, princesses who have never been seen by men other than those of their own family, or ever spoken with them unless from behind a curtain, have, as regents, during the minority of their sons, exhibited many of the most brilliant examples of just and vigorous administration. In the middle ages, when the distance between the upper and lower ranks was greater than even between women and men, and the women of the privileged class, however subject to tyranny from men of the same class, were at a less distance below them than any one else was, and often in their absence represented them in their functions and authority, numbers of heroic chatelaines, like Jeanne de Montfort, or the great Countess of Derby, as late even as the time of Charles I., distinguished themselves, not only by their political, but their military capacity. In the centuries immediately before and after the Reformation, ladies of royal houses, as diplomatists, as governors of provinces, or as the confidential advisers of kings, equalled the first statesmen of their time; and the treaty of Cambray, which gave peace to Europe, was negotiated, in conferences where no other person was present, by the aunt of the Emperor Charles the Fifth, and the mother of Francis the First.

[1] An excellent passage on this part of the subject, from one of Sydney Smith's contributions to the _Edinburgh Review_, we will not refrain from quoting: "A great deal has been said of the original difference of capacity between men and women as if women were more quick and men more judicious; as if women were more remarkable for delicacy of association, and men for stronger powers of attention. All this, we confess, appears to us very fanciful. That there is a difference in the understandings of the men and the women we every day meet with, everybody, we suppose, must perceive; but there is none, surely, which may not be accounted for by the difference of circumstances in which they have been placed, without referring to any conjectural difference of original conformation of mind. As long as boys and girls run about in the dirt, and trundle hoops together, they are both precisely alike. If you catch up one half of these creatures, and train them to a particular set of actions and opinions, and the other half to a perfectly opposite set, of course their understandings will differ, as one or the other sort of occupations has called this or that talent into action. There is surely no occasion to go into any deeper or more abstruse reasoning, in order to explain so very simple a phenomenon."--_Sydney Smith's Works_, vol. i., p. 200.