Part 19 (1/2)
It is not in the nature of things, I take it, that a cla.s.s politically subject can obtain justice from the governing cla.s.s. Not the least of the benefits gained by political equality for the colored people of the South is that the laws now generally make no difference of color in penalties for crime. In slavery times there were dozens of crimes which were punished more severely by the statute if committed by a slave or a free negro than if done by a white. I feel very sure that under the reign of impartial suffrage we should see fewer such announcements as this, which I cut from a late New York ”Evening Express:”--
”Last night Capt. Lowery, of the Twenty-seventh Precinct, made a descent upon the dance-house in the bas.e.m.e.nt of 96 Greenwich Street, and arrested fifty-two men and eight women. The entire batch was brought before Justice Flammer, at the Tombs Police Court, this morning. Louise Maud, the proprietoress, was held in five hundred dollars bail to answer at the Court of General Sessions. _The fifty-two men were fined three dollars each, all but twelve paying at once; and the eight women were fined ten dollars each, and sent to the Island for one month._”
The italics are my own. When we reflect that this dance-house, whatever it was, was unquestionably sustained for the gratification of men, rather than of women; when we consider that every one of these fifty-two men came there, in all probability, by his own free will, and to spend money, not to earn it; and that probably a majority of the women were driven there by necessity or betrayal, or force or despair,--it would seem that even an equal punishment would have been cruel injustice to the women. But when we observe how trifling a penalty was three dollars each to these men, whose money was likely to go for riotous living in some form, and forty of whom had the amount of the fine in their pockets; and how hopelessly large an amount was ten dollars each to women who did not, probably, own even the clothes they wore, and who were to be sent to prison for a month in addition,--we see a kind of injustice which would stand a fair chance of being righted, I suspect, if women came into power. Not that they would punish their own s.e.x less severely; probably they would not: but they would put men more on a level as to the penalty.
It may be said that no such justice is to be expected from women; because women in what is called ”society” condemn women for mere imprudence, and excuse men for guilt. But it must be remembered that in ”society” guilt is rarely a matter of open proof and conviction, in case of men: it is usually a matter of surmise; and it is easy for either love or ambition to set the surmise aside, and to a.s.sume that the worst reprobate is ”only a little wild.” In fact, as Margaret Fuller pointed out years ago, how little conception has a virtuous woman as to what a dissipated young man really is! But let that same woman be a Portia, in the judgment-seat, or even a legislator or a voter, and let her have the unmistakable and actual offender before her, and I do not believe that she will excuse him for a paltry fine, and give the less guilty woman a penalty more than quadruple.
Women will also be sure to bring special sympathy and intelligent attention to the wrongs of children. Who can read without shame and indignation this report from ”The New York Herald”?
THE CHILD-SELLING CASE.
Peter Hallock, committed on a charge of abducting Lena Dinser, a young girl thirteen years old, whom, it was alleged, her father, George Dinser, had sold to Hallock for purposes of prost.i.tution, was again brought yesterday before Judge Westbrook in the Supreme Court Chambers, on the writ of habeas corpus previously obtained by Mr.
William F. Howe, the prisoner's counsel. Mr. Howe claimed that Hallock could not be held on either section of the statute for abduction. Under the first section the complaint, he insisted, should set forth that the child was taken contrary to the wish and against the consent of her parents. On the contrary, the evidence, he urged, showed that the father was a willing party. Under the second section, it was contended that the prisoner could not be held, as there was no averment that the girl was of previous chaste character. Judge Westbrook, a brief counter argument having been made by Mr. Dana, held that the points of Mr. Howe were well taken, and ordered the prisoner's discharge.
Here was a father who, as the newspapers allege, had previously sold two other daughters, body and soul, and against whom the evidence seemed to be in this case clear. Yet through the defectiveness of the statute, or the remissness of the prosecuting attorney, he goes free, without even a trial, to carry on his infamous traffic for other children. Grant that the points were technically well taken and irresistible,--though this is by no means certain,--it is very sure that there should be laws that should reach such atrocities with punishment, whether the father does or does not consent to his child's ruin; and that public sentiment should compel prosecuting officers to be as careful in framing their indictments where human souls are at stake as where the question is of dollars only. It is upon such matters that the influence of women will make itself felt in legislation.
INDIVIDUALS _vs._ CLa.s.sES
As the older arguments against woman suffrage are abandoned, we hear more and more of the final objection, that the majority of women have not yet expressed themselves on the subject. It is common for such reasoners to make the remark, that if they knew a given number of women--say fifty, or a hundred, or five hundred--who honestly wished to vote, they would favor it.
Produce that number of unimpeachable names, and they say that they have reconsidered the matter, and must demand more,--perhaps ten thousand. Bring ten thousand, and the demand again rises. ”Prove that the majority of women wish to vote, and they shall vote.” ”Precisely,” we say: ”give us a chance to prove it by taking a vote;” and they answer, ”By no means.”
And, in a certain sense, they are right. It ought not to be settled that way,--by dealing with woman as a cla.s.s, and taking the vote. The agitators do not merely claim the right of suffrage for her as a cla.s.s: they claim it for each individual woman, without reference to any other. If there is only one woman in the nation who claims the right to vote, she ought to have it.
In Oriental countries all legislation is for cla.s.ses, and in England it is still mainly so. A man is expected to remain in the station in which he is born; or, if he leaves it, it is by a distinct process, and he comes under the influence, in various ways, of different laws. If the iniquities of the ”Contagious Diseases” act in England, for instance, had not been confined in their legal application to the lower social grades, the act would never have pa.s.sed. It was easy for men of the higher cla.s.ses to legislate away the modesty of women of the lower cla.s.ses; but if the daughter of an earl could have been arrested, and submitted to a surgical examination at the will of any policeman, as the daughter of a mechanic might be, the law would not have stood a day. So, through all our slave States, there was cla.s.s legislation for every person of negro blood: the laws of crime, of punishment, of testimony, were all adapted to cla.s.ses, not individuals.
Emanc.i.p.ation swept this all away, in most cases: cla.s.ses ceased to exist before the law, so far as men at least were concerned; there were only individuals. The more progress, the less cla.s.s in legislation. We claim the application of this principle as rapidly as possible to women.