Read the book: «Woman under socialism», page 19

CHAPTER V.
WOMAN'S CIVIC AND POLITICAL STATUS

The social dependence of a rank or a class ever finds its expression in the laws and political institutions of a country. Laws are the mirror in which is reflected a country's social condition, to the extent that the same has been brought within definite rules. Woman, as a subject and oppressed sex, constitutes no exception to the principle. Laws are negative or positive. Negative in so far as they ignore the oppressed in the distribution of privileges and rights, as though he did not exist; positive, in so far as they expressly assign his dependent position to the oppressed, and specify possible exceptions in his favor.

Our common law rests upon the Roman law, which, recognized persons only as property-holding beings. The old German law, which treated woman more worthily, has preserved its force only partially. In the French language, the human being and the man are designated by the same word, "l'homme"; likewise in the English language, – "man." French law knows the human being only as man; and so was it also until recently in England, where woman found herself in slavish dependence upon man. It was similarly in Rome. There were Roman citizens, and wives of Roman citizens, but no female citizens.

Impossible were it to enumerate the numberless laws found on the motley map of German common rights. Let a few instances suffice.

According to the common law of Germany, the wife is a minor towards her husband; the husband is her master, to whom she owes obedience. If the woman is "disobedient," then, according to the law of Prussia, the husband of "low" estate has the right of "moderate castigation." Men of "high" estate also there are said to be who arrogate such a right to themselves. Seeing that nowhere is the force or number of the blows prescribed, the husband is the sovereign judge. The old city law of Hamburg declares: "For the rest, the right of moderate castigation of the wife by her husband, of children by their parents, of pupils by their teachers, or servants by their masters and mistresses, is hereby adjudged just and permissible."

Similar provisions are numerous in Germany. According to the law of Prussia, the husband may prescribe to the wife how long she shall suckle her child. In cases of disposing of the children, the father alone decides. If he dies, the wife is in most German States compelled to accept a guardian for her children: she herself is considered a minor, and is held unfit to attend to their education herself, even when she supports her children by her property or labor. As a rule, her husband administers her property, and, in cases of bankruptcy, the same is considered and disposed of as his own, unless a pre-marital contract secures the property to her. Wherever the right of primogeniture attaches to landed property, a woman, even if she be the first born, can not enter into possession if there be younger brothers. She can step in only when she has no brothers. In most German States, a married woman can contract only with the consent of her husband, unless she owns a business in her own name, such as, according to more recent law, she is allowed to start. She is shut off from all public function. The Prussian law on associations forbids pupils and apprentices under 18 years of age and women to join political organizations. Until a few decades ago, the attendance of women among the public at open trials was forbidden by several German codes of criminal procedure. If a woman gives birth to an illegitimate child, it has no claim to support from its father if its mother accepted any presents from him during her pregnancy. If a woman is divorced from her husband, she continues to carry his name as a lasting memento, unless she marry again.

In Germany, hundreds of frequently contradictory laws are met with. According to the bill for the new civil laws of Germany, the administration of the wife's property falls to the husband, unless the wife has secured her property to herself by special contract. This is a reactionary attitude, long since discarded by many other countries. On the other hand, the wife is allowed to retain what she has earned by her own personal labor, and without assistance of her husband, or by the independent conduct of a business enterprise.

In England, and down to 1870, the common law of the land gave to the husband all the personal property of the wife. Only with regard to real estate were her proprietary rights safeguarded; the husband, nevertheless, had the right of administration and of use. At the bar of law, the English woman was a zero: she could perform no legal act, not even execute a valid testament; she was a veritable serf of her husband. A crime committed by her in his presence, he was answerable for: she was at all points a minor. If she injured any one, damage was assessed as if done by a domestic animal: the husband was held. According to an address delivered in 1888 by Bishop J. N. Wood in the chapel of Westminster, as recently as a hundred years ago the wife was not allowed to eat at table or to speak before she was spoken to: above the bed hung a stout whip, that the husband was free to use when the wife displayed ill temper: only her daughters were subject to her orders: her sons saw in her merely a female servant. Since 1870 and 1882, the wife is not merely secured in the sole possession of the property that she brings with her, she is also the proprietor of all she earns, or receives by inheritance or gift. These rights can be altered only by special contract between the husband and wife. English legislation followed the example of the United States.

Particularly backward is the civil law of France, of most of the Swiss cantons, of Belgium, etc., in the matter of woman's civic rights. According to the Code Civil, the husband could sue for divorce upon the adultery of the wife; she, however, could institute such an action only if the husband kept his concubine at his own home (Article 230). This provision has been repealed by the divorce law of July 27, 1884, but the difference continues in force in the French criminal code, – a characteristic manoeuvre on the part of the French legislator. If the wife is convicted of adultery, she is punished with imprisonment for not less than two months nor more than three years. The husband is punished only when, according to the spirit of the former Article 230 of the Code Civil, he keeps a concubine under the domestic roof against the wish of his wife. If found guilty, he is merely fined not less than 100 and not more than 1,000 francs. (Arts. 337 and 339 Code Penal.) Such inequality before the law were impossible if but one woman sat in the French Parliament. A similar law exists in Belgium. The punishment for adultery by the wife is the same as in France; the husband is liable only if the act of adultery is committed at the home of the married couple: he may then suffer imprisonment for not less than one month, or more than one year. Slightly juster is, accordingly, the law in Belgium than in France; nevertheless, in the one place as in the other, there are two different standards of right, one for the husband, another for the wife. Similar provisions exist, under the influence of French law, in Spain and Portugal. The civil law of Italy of 1865 enables the wife to obtain a divorce from her husband only if the husband keeps his concubine at his own home, or at such other place where the concubine's presence must be considered in the light of a grave insult to the wife.

In France, Belgium and Switzerland, woman falls, as in Germany, under the guardianship of her husband, the moment she marries. According to section 215 of the Code Civil, she is not allowed to appear in Court without the consent of her husband and of two of her nearest male relations, not even if she conducts a public business. According to section 213 the husband must protect the wife, and she must yield obedience to him. There is a saying of Napoleon I. that typifies his idea concerning the status of woman: "One thing is utterly un-French – a woman that can do what she pleases."¹⁵¹ In these countries, furthermore, woman may not appear as a witness in the execution of contracts, testaments or any notarial act. On the other hand – odd contradiction – she is allowed to act as a witness in all criminal trials, where her testimony may lead to the execution of a person. Within the purview of the criminal code, she is on all hands considered of equal value, and she is measured for every crime or offense with the same yard-stick as man. The contradiction, however, does not penetrate the wool of our legislators. As a widow, she may dispose of her property by testament; as witness to a testament, however, she is not admissible in a number of countries; all the same, according to Art. 1029 of the Code Civil, she may be appointed the executor of a will. In Italy, since 1877, woman is qualified to appear as a witness in civil actions also.

According to the law of the canton of Zurich, the husband is the guardian of his wife; he administers her property; and he represents her before third parties. According to the Code Civil, the husband administers the property that the wife brings with her, he can sell her property, alienate it, load it with mortgages without requiring her consent, or signature. Similar provisions exist in several other cantons of Switzerland besides Zurich, in France, Belgium, Luxemburg, the Netherlands, Spain, Portugal, Sweden, Denmark and also in a large part of Germany. Countries in which community of property may be excluded in marriage are, besides parts of Germany, and a large part of Switzerland, Austria, Poland and the Baltic provinces. Countries in which the absolute independence of married women exist with respect to their property are: Italy, Russia, Great Britain and Ireland. In Norway, a law of the year 1888, on the administration of the property of married persons, provides that a married woman has the same power to dispose of her property as unmarried women, only the law specifies a few exceptions. In this law the expression is used that woman becomes un-free in marriage. Who could blame her if, there also, as happens frequently in France, women are seen to waive formal matrimonial contracts?

According to the law of Berne, what the married woman earns belongs to her husband. Similarly with most cantons of Switzerland, also in France and Belgium. The consequence is that the wife often finds herself in a state of virtual slavery: the husband squanders with lewd women or in the grog-shop what his wife makes: he incurs debts: gambles away his wife's earnings: leaves her and her children in want. He even has the right to demand from her employer the wages due her.

By the law of December 11, 1874, Sweden secures to the married woman the right to dispose freely of that which she earns by her personal effort. Denmark has raised the same principle to the force of a law; nor can, according to Danish law, the property of the wife be seized to cover the debts of the husband. Similarly runs the law of Norway of 1888.¹⁵² The right of educating the children and of deciding thereupon is, according to the legislation of most countries, the attribute of the father: here and there a subordinate co-operation is granted the mother. The old Roman maxim, that stood in sharp contradiction to the principles prevalent during the mother-right, and that clothed the father alone with rights and powers over the child, is to this day the key-note of legislation on the subject.

Among the continental countries, woman holds the freest position in Russia, – due to the communistic institutions there still in existence, or to reminiscences of the same. In Russia, woman is the administrator of her property: she enjoys equal rights in the administration of the community. Communism is the most favorable social condition to woman. The fact transpired from the sketch of the age of the mother-right, given on previous pages.¹⁵³ In the United States women have conquered full civil equality; they have also prevented the introduction of the English and similar laws regulating prostitution.

The civic inequality of woman has provoked among the more advanced members of the female sex demand for political rights, to the end of wielding the power of legislation in behalf of their civic equality. It is the identical thought that moved the working class everywhere to direct their agitation towards the conquest of the political powers. What is right for the working class can not be wrong for woman. Oppressed, disfranchised, relegated everywhere to the rear, woman has not the right only, she has the duty to defend herself, and to seize every means she may deem fit to conquer a more independent position for herself. Against these efforts also the reactionary mob, of course, bristles up. Let us see how.

The great French Revolution, that, as is well known, started in 1789 and threw all old institutions out of joint, conjured up a freedom of spirits such as the world had never seen before. Woman also stepped upon the stage. During the previous decades immediately preceding the outbreak of the Revolution, many of them had taken part in the great intellectual struggle that then raged throughout French society. They flocked in swarms to the great scientific discussions, attended political and scientific meetings, and did their share in preparing the Revolution, where theory was to crystalize into fact. Most historians have noted only the excesses of the Revolution, – and as always happens when the object is to cast stones at the people and arouse horror against them – have enormously exaggerated these to the end of all the more readily extenuating the shameful transgressions of the ruling class. As a rule, these historians have belittled the heroism and greatness of soul, displayed also by many women in both camps. So long as the vanquishers remain the historians of the vanquished, it will ever be thus.

In October, 1789, a number of women petitioned the National Assembly "that equality be restored between man and woman, work and occupation be given them free, places be left for them that their faculties were fit for."

When in 1793 the Convention proclaimed "le droit de l'homme" (the Rights of Man), the more far-seeing women perceived that these were only the rights of males. Olympe de Gouges, Louise Lecombe and others paralleled these "Rights of Man" with 17 articles on the "Rights of Woman," which, on the 28th Brumaire (November 20, 1793) they defended before the Commune of Paris upon the principle: "If woman has the right to mount the scaffold, she must also have the right to mount the tribune." Their demands remained unheeded. When, subsequently, upon the march of monarchic Europe against the Republic, the Convention declared the "Fatherland in danger," and called upon all men, able to carry arms, to defend the Fatherland and the Republic, inspired Parisian women offered to do what twenty years later inspired Prussian women likewise did against the domination of Napoleon, – defend the Fatherland, arms in hand. The radical Chaumette rose against those Parisian women and addressed them, asking: "Since when is it allowed to women to renounce their sex and become men? Since when is it usage for them to abandon the sacred cares of their households, the cradles of their children, and to appear at public places, to speak from the tribunes, to step in the files of the troops, – in short, to fill duties that Nature has devolved upon man alone? Nature said to man: 'Be thou man! Racing, the chase, the cultivation of the fields, politics and violent labors of all sorts are thy privilege!' It said to woman: 'Be thou woman! The care of thy children, the details of thy household, the sweet inquietudes of motherhood, – that is thy work!' Unwise women, why wish you to become men? Is not mankind properly divided? What more can you want? In the name of Nature, remain what you are; and, far from envying us the perils of so stormy a life, rest satisfied to make us forget them in the lap of our families, by allowing our eyes to rest upon the fascinating spectacle of our children, made happy by your tender care."

The women allowed themselves to be silenced, and went away. There can be no doubt that the radical Chaumette voiced the innermost sentiments of most of our men, who otherwise abhor him. We also hold that it is a proper division of work to leave to men the defense of the country, and to women the care of the home and the hearth. In Russia, late in the fall of the year and after they have tended the fields, the men of whole village districts move to distant factories, and leave to the women the administration of the commune and the house. For the rest, the oratorical gush of Chaumette is mere phrases. What he says concerning the labors of the men in the fields is not even correct: since time immemorial down to to-day, woman's was not the easy part in agriculture. The alleged labors of the chase and the race course are no "labors" at all: they are amusements of men; and, as to politics, it has perils for him only who swims against the stream, otherwise it offers the men at least as much amusement as labor. It is the egoism of man that speaks in that speech.

At about the same time when the French Revolution was under way, and engaged the attention of all Europe, a woman rose on the other side of the Channel also, in England, to labor publicly in behalf of equal rights for her sex. She was Mary Wollstoncraft, born in 1759, and who, in 1790, published a book against Edmund Burke, the most violent enemy of the French Revolution. She later, 1792, wrote a second book – "A Vindication of the Rights of Woman" – in which she took the stand for absolute equality of rights for her sex. In this book she demands the suffrage for women in the elections for the Lower House. But she met in England with even less response than did her sisters in France. Ridiculed and insulted by her contemporaries, she went under after trying ordeals. Before the Revolution it was the encyclopedist Condorcet who principally took the field for the equal rights of both sexes.

To-day, matters lie somewhat differently. Since then, conditions have changed mightily, – the position of woman along with them. Whether married or unmarried, more than ever before woman now has a deep interest in social and political conditions. It can not be a matter of indifference to her whether the Government chains every year to the army hundreds of thousands of vigorous, healthy men; whether a policy is in force that favors wars, or does not; whether the necessaries of life are made dearer by taxes, that promote, besides, the adulteration of food, and are all the harder upon a family in the measure of its size, at a time, at that, in which the means of life are most stingily measured for the large majority. Moreover, woman pays direct and indirect taxes out of her support and her income. Again, the system of education is of highest interest to her: it goes far towards determining the position of her sex: as a mother, she has a double interest therein.

Furthermore, as has been shown, there are to-day millions of women, in hundreds of pursuits, all of them with a lively personal interest in the manner that our laws are shaped. Questions concerning the hours of work; night, Sunday and child-labor; payment of wages and notice of discharge; safety appliances in factory and shop; etc. – all are political questions that concern them as well as the men. Workingmen know little or nothing about conditions in many branches of industry, where women are mainly, or exclusively, engaged. Employers have all the interest in the world to hush up evils that they are responsible for. Factory inspection frequently does not extend to branches of industry in which women are exclusively employed: such as it is, it is utterly inadequate: and yet these are the very branches in which protective measures frequently are most needed. It suffices to mention the workshops in which seamstresses, dressmakers, milliners, etc., are crowded together in our larger cities. From thence, hardly a complaint issues; thither no investigation has as yet penetrated. Finally, as a trader, woman is also interested in laws on commerce and tariffs. There can, accordingly, be no doubt that woman has an interest and a right to demand a hand in the shaping of things by legislation, as well as man. Her participation in public life would impart a strong stimulus thereto, and open manifold new vistas.

Such demands, however, are met with the curt rebuff: "Women know nothing of politics, and most of them don't want to, either; neither do they know how to use the ballot." True, and not true. True enough, until now, very few women, in Germany at least, have ventured to demand political equality also. The first woman, who, as a writer, came out in its favor in Germany was, as far as we know, Frau Hedwig Dohm. More recently, it is mainly the Socialist working-women, who are vigorously agitating for the idea; and their number is ever larger.

Nothing is proved with the argument that women have, until now, shown little interest in the political movement. The fact that, hitherto, women have troubled themselves little about politics, is no proof that they should continue in the same path. The same reasons, advanced to-day against female suffrage, were advanced during the first half of the sixties in Germany against manhood suffrage. Even as late as 1863, the author of this book himself was of those who opposed manhood suffrage; four years later he owed to it his election to the Reichstag. Thousands of others went through the same mill: from Sauls they became Pauls. Many are the men, who either do not care or do not know how to use their important political rights. And yet that fact was no reason to withhold the suffrage from them, and can be none to now deprive them of it. At the Reichstag elections in Germany, 25 to 30 per cent. of the qualified voters do not vote at all. These non-voters are recruited from all classes: among them are scientists and laborers. Moreover, of the 70 to 75 per cent. of those who participate in the election, the majority, according to our judgment, vote in a way that they would not, if they realized their true interests. That as yet they have not realized them comes from defective political training, a training, however, that these 70 to 75 per cent. possess in a higher degree than the 25 to 30 per cent., who stay away altogether. Among the latter, those must be excepted who remain away from the hustings because they cannot, without danger, vote according to their convictions.

Political education is not gained by keeping the masses from public affairs; it is gained by admitting them to the exercise of political rights. Practice makes perfect. The ruling classes have hitherto found their account in keeping the large majority of the people in political childhood. Hence it has ever been the task of a class-conscious minority to battle with energy and enthusiasm for the collective interest of society, and to shake up and drag the large inert mass after them. Thus has it been in all great Movements: it is neither astonishing nor discouraging that the experience made with the Movement of the working class is repeated in the Movement for the emancipation of woman. Previous successes prove that pains, labor and sacrifices are rewarded; the future brings triumph.

The moment woman acquires equal rights with man, the sense of her duties will be quickened. Called upon to cast her ballot, she will ask, What for? Whom for? Immediately, emulation in many directions will set in between man and woman that, so far from injuring, will materially improve their mutual relations. The less posted woman will naturally turn to the better posted man. Interchange of ideas and mutual instruction follows, – a condition of things until now found most rarely between husband and wife: it will impart a fresh charm to life. The unhappy differences in education and view-points between the two sexes, – differences, that so frequently lead to dissensions between husband and wife, that place the husband at variance with his many-sided duties, and that injure the well-being of all, will be wiped out. Instead of a clog, the husband will gain a supporter in a compatible wife; whenever prevented by other duties from personal participation, she will spur her husband to fulfil his own. She will find it legitimate that a fraction of his earnings be spent in a newspaper, for agitational purposes, because the paper serves to educate and entertain her also, and because she realizes the necessity of the sacrifice, a sacrifice that helps to conquer that which she, her husband and her children lack, – an existence worthy of human beings.

Thus, the joining of hands by husband and wife for the common weal, so closely connected with the weal of the individual, will exert a most ennobling influence. The very reverse is called into life of that which is claimed by near-sighted people, or by the foes of a commonwealth based upon the equality of all. Nor would it end there. The relation between the two sexes would be beautiful in the measure that the social institutions will liberate husband and wife from material cares and from excessive work. Practice and education will, here as in all other cases, give further aid. If I go not in the water, I shall never learn to swim; if I study no foreign language and do not practice it, I shall never learn to speak it. Everyone finds that natural; and yet many fail to realize that the same holds good in the affairs of government and society. Are our women unfitter than the far lower negroes, to whom full political equality was conceded in North America? And shall a highly intellectual woman be vested with lesser rights than the rudest, least cultured man, – an ignorant day-laborer of the backwoods of Pomerania, or an ultramontane canalman, for instance, and all because accident let these come into the world as men? The son has greater rights than his mother, from whom, perchance, he derives his best qualities, the very qualities that alone make him what he is. Truly wonderful!

Moreover, we in Germany would no longer be running the risk of being the first to take the leap in the dark and the unknown. The United States, England and other countries have opened the way. In the State of Wyoming in the United States, woman suffrage has been tested since 1869. On November 12, 1872, writing from Laramie City, Wyo., on the subject, Judge Kingman says in the Chicago "Women's Journal":

"Three years ago to-day women obtained the right of electing and of being elected to office in our Territory, in the same manner as the other electors. During this period they have voted and have been voted for; they have exercised the functions of jurors and arbiters; they have taken part in large numbers at our elections, and although I believe that some among us oppose the admission of women from motives of principle, no one, I think, can refuse to recognize that their influence on the elections has been an elevating one. It caused them to be conducted in a more peaceable and orderly manner, and at the same time enabled our courts of justice to discover and punish various kinds of crime that had until then remained unpunished.

"For instance, when the Territory was first organized, there was scarcely a man who did not carry a revolver and make use of it in the slightest dispute. I cannot remember a single case in which a jury composed of men brought in a verdict of guilty against one of those who had shot with a revolver, but when two or three women were among them, they have invariably attended to the instructions of the Court."

In what esteem woman suffrage was held in Wyoming twenty-five years after its introduction, may be gathered from the address issued on November 12, 1894, to the Parliaments of the world by the Legislature of that State. It says:

"The possession and exercise of suffrage by the women in Wyoming for the past quarter of a century has wrought no harm and has done great good in many ways; it has largely aided in banishing crime, pauperism, and vice from this State, and that without any violent or oppressive legislation; it has secured peaceful and orderly elections, good government, and a remarkable degree of civilization and public order; and we point with pride to the facts that after nearly twenty-five years of Woman Suffrage not one county in Wyoming has a poorhouse, that our jails are almost empty, and crime, except that committed by strangers in the State, almost unknown; and as the result of experience we urge every civilized community on earth to enfranchise its women without delay."¹⁵⁴

While giving fullest credit to the political activity of the women of Wyoming, we cannot go to the extreme, reached by the enthusiastic defenders of woman suffrage in the Legislature of that State, of ascribing exclusively to the ballot in woman's hands the enviable conditions, which, according to the account of the address, Wyoming rejoices in. A number of social causes of other nature contribute thereto. Nevertheless, the fact is unquestionable that female suffrage has been accompanied by the most beneficent results for that State, and without one disadvantage. That is the most brilliant justification of its introduction.

The example of Wyoming found followers. To-day there are a number of countries in which woman enjoys political rights to greater or less extent. In the United States, women obtained several years ago the ballot in Colorado, and in 1894 they elected a number of representatives; likewise in Arizona, and still more recently in Minnesota. In New Zealand, they took a lively part in the parliamentary elections of 1893, livelier, in fact, than the men, although they were only qualified to elect: only men were qualified to be elected. In March, 1894, the Prime Minister declared to a deputation of women that he would advocate their qualification to be elected. In 1893, there were twenty-two States in the North American Union where women were qualified both to elect and be elected for the School Boards. In Kansas, Nebraska, Colorado, Oregon, Arizona, Dakota, Idaho, Minnesota and Montana they are fully qualified electors for municipal officers, provided they are resident citizens. In Argonia, Kans., the wife of a physician was elected Mayor;¹⁵⁵ the same thing happened in Onehunga, New Zealand. Since more than ten years ago, women in Sweden have the suffrage for departmental and municipal elections, under the same restrictions as men.