History of Woman Suffrage/Volume 5/Chapter 20
CHAPTER XX.
THE FEDERAL AMENDMENT FOR WOMAN SUFFRAGE.[1]
The first convention in all history to consider the Rights of Women was called by Lucretia Mott, Elizabeth Cady Stanton and two others to meet July 19, 20, 1848, at Seneca Falls in western New York, Mrs. Stanton's home.[2] In 1851 the work was taken up by Susan B. Anthony, destined to be its supreme leader for the next half century. Meetings soon began to take place and societies to be formed in various States, so that by 1861 there was a well-defined movement toward woman suffrage. Large conventions were held annually in eastern and western cities, in which the most prominent men and women participated. The commencement of the Civil War ended all efforts for this object and its leaders devoted themselves for the next five years to the women's part of every war. In May, 1866, Mrs. Stanton and Miss Anthony issued a call for the scattered forces to come together in convention in New York City, and here began the movement for woman suffrage which continued without a break for fifty-four years.
No large extension of the franchise had been made since the government was founded except to the working men between 1820 and 1830 and this had been accomplished by amending State constitutions. There had been no thought of enfranchising women in any other way but now Congress, for the purpose of giving the ballot to the recently freed negro men, was about to submit an amendment to the National Constitution. This convention was called to protest against "class legislation" and demand that women should be included. It adopted a Memorial to Congress, prepared by Mrs. Stanton, which contained a portion of Charles Sumner's great speech, Equal Rights for All, and was a complete statement of woman's right to the franchise. In Miss Anthony's address she said: "Up to this hour we have looked only to State action for recognition of our rights but now, by the results of the war, the whole question of suffrage reverts to Congress and the United States Constitution. The duty of Congress at this moment is to declare what shall be the true basis of representation in a republican form of government."
As soon as the intention to submit the 14th Amendment was announced Miss Anthony and her co-workers began rolling up petitions to Congress that it should provide for the enfranchisement of women and tens of thousands of names had been sent to Washington. These petitions represented the first effort ever made for an amendment to the Federal Constitution for woman suffrage and the action of this convention marked the first organized demand—May 10, 1866. At this time the American Equal Rights Association was formed and the Woman's Rights Society merged with it, as having a larger scope.[3]
The following month the 14th Amendment was submitted by Congress for the ratification of the State Legislatures and it was declared adopted by the necessary three-fourths in July, 1868. By this amendment the status of citizenship was for the first time definitely established—"All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens." This plainly put men and women on an exact equality as to citizenship. Then followed the broad statement: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This also seemed to guarantee the equal rights of men and women. It was the second section which aroused the advocates of suffrage for women to vigorous protest:
Up to this time there was no mention of suffrage in the Federal Constitution except the provision for electing members of the Lower House of Congress but now for the first time it actually discriminated against women by imposing a penalty on the States for preventing men from voting but leaving them entirely free to prohibit women. When even this penalty proved insufficient to protect negro men in their attempts to vote, Congress in 1869 submitted a 15th Amendment which was declared ratified the following year: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude."
Those who had been striving for two decades to obtain suffrage for women protested by every means in their power against this second discrimination. They implored and demanded that the word "sex"? should be included in this amendment, which would have forever settled the question, just as the omission of the word "male" in the 14th Amendment would have settled it. The most of the men who had stood by them in their early struggles for the vote, when both were working together for the freedom of the slaves, now sacrificed them rather than imperil the political rights of the negro men. Some of the women themselves were persuaded to abandon their opposition to these amendments by the promise of the Republican leaders that as soon as they were safely intrenched in the constitution another should be placed there providing for woman suffrage. This promise they did not try to keep and it remained unfulfilled over fifty years. Miss Anthony and Mrs. Stanton were never for one moment deceived or silenced but in their paper, The Revolution, they opposed these amendments as long as they were pending.
Although the protests were in vain the women had learned that they might be relieved of the intolerable burden of having to obtain the suffrage State by State through permission of a majority of the individual voters. They had seen an entire class enfranchised through the quicker and easier way of amending the Federal Constitution and they determined to invoke this power in their own behalf. From the office of The Revolution in New York in the autumn of 1868 went out thousands of petitions to be signed and sent to Congress for the submission of an amendment to enfranchise women. Immediately after its assembling in December, 1868, Senator S. C. Pomeroy of Kansas introduced a resolution providing that "the basis of suffrage shall be that of citizenship and all native or naturalized citizens shall enjoy the same rights and privileges of the elective franchise but each State shall determine the age, etc." A few days later Representative George W. Julian of Indiana offered one in the House which declared: "The right of suffrage shall be based on citizenship ... and all citizens, native or naturalized, shall enjoy this right equally ... without any distinction or discrimination founded on sex." These were the first propositions ever made in Congress for woman suffrage by National Amendment.
In order to impress Congress with the seriousness of the demand, a woman's convention—the first of its kind to meet in the national capital—was held in Washington in January, 1869. It continued several days with large audiences and an array of eminent speakers, including Lucretia Mott, Clara Barton, Mrs. Stanton, a number of men and Miss Anthony, the moving spirit of the whole. In response Congress the next month submitted the 15th Amendment with even a stronger discrimination against women than the 14th contained.
The annual gatherings of the Equal Rights Association had been growing more and more stormy while the 14th and 15th Amendments were pending and the point was reached where any criticism of them made by the women was met by their advocates with hisses and denunciation. Finally at the meeting of May 12, 1869, in New York City, with Mrs. Stanton presiding, an attempt was made, led by Frederick Douglass, to force through a resolution of endorsement. Miss Anthony opposed it in an impassioned speech in which she said: "If you will not give the whole loaf of justice to the entire people, then give it first to women, to the most intelligent and capable of them at least .... If Mr. Douglass had noticed who applauded when he said black men first and white women afterwards, he would have seen that it was only the men."
The men succeeded in wresting the control of the convention from the women, who then decided that the time had come for them to have their own organization and endeavor to have the question of their enfranchisement considered entirely on its own merits. Three days later, at the Women's Bureau in East 23rd Street, where now the Metropolitan Life Building stands, with representatives present from nineteen States, the National Woman Suffrage Association was formed. Mrs. Stanton was made president, Miss Anthony chairman of the executive committee. One hundred women became members that evening and here was begun the organized work for an Amendment to the Federal Constitution to confer woman suffrage which was to continue without ceasing for half a century.[4] Its constitution declared the object of the association to be "to secure the ballot to the women of the Nation on equal terms with men." On June 1 its executive board sent a petition to Congress for "fa 16th Amendment to be submitted to the Legislatures of the States for ratification which shall secure to all citizens the right of suffrage without distinction of sex."
Before the work for a 16th Amendment was fairly organized a number of members of Congress and constitutional lawyers took the ground that women were already enfranchised by the first clause of the 14th Amendment. At the convention held in St. Louis in the autumn of 1869, Francis Minor, a prominent lawyer of that city, presented this position so convincingly that the newly formed National Association conducted an active campaign in its favor for several years. In 1872 women tried to vote in a number of States and in a few of them were successful. Miss Anthony's vote was accepted in Rochester, N. Y., and later she was arrested,— charged with a crime, tried by a Justice of the U. S. Supreme Court and fined $100. The inspectors in St. Louis refused to register Mrs. Francis Minor, she brought suit against them, and her husband carried the case to the Supreme Court of the United States (Minor vs. Happersett). He made an able and exhaustive argument but an adverse decision was rendered March 29, 1875.[5]
The women then returned to the original demand for a 16th Amendment, which indeed many of them, including Miss Anthony and Mrs. Stanton, never had entirely abandoned. Beginning with 1869 Congressional committees had granted hearings on woman suffrage every winter, even though no resolution was before them. Under the auspices of the National Association petitions by the tens of thousands continued to pour into Congress, which were publicly presented. Finally on Jan. 10, 1878, Senator A. A. Sargent of California offered the following joint resolution: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
The Committee on Privileges and Elections granted a hearing which consumed a part of two days, with the large Senate reception room filled to overflowing and the corridors crowded. extended hearings were given also by the House Judiciary Committee and constitutional arguments of the highest order were made by noted women in attendance at the national suffrage convention. The Senate committee reported adversely, however, and the House committee not at all. This took place over forty years ago. Senator Sargent's amendment, which in later years was sometimes called the Susan B. Anthony Amendment, was presented to every Congress during this period and hearings were granted by committees of every one. The women who made their pleadings and arguments simply to persuade these committees to give a favorable report and bring the question before their respective Houses for debate comprised the most distinguished this country had produced. It is only by reading their addresses in the History of Woman Suffrage that one can form an idea of their masterly exposition of laws and constitution, their logic, strength and oftentimes deep pathos.
There are in the pages of history many detached speeches of rare eloquence for the rights of man but nowhere else is there so long an unbroken record of appeals for these rights—the rights of man and woman. Again and again at the close of the suffrage hearings the chairman and members of the committee said that none on other questions equalled them in dignity and ability. From 1878 to 1896 there were five favorable majority reports from Senate committees, two from House committees and four adverse reports. Thereafter, when Miss Anthony no longer spent her winters in Washington and persisted in having a report, none of any kind was made until the movement for woman suffrage entered a new era in 1912. One significant event, however, occurred during this time. Largely through the efforts of Senator Henry W. Blair (Rep.) of New Hampshire, the resolution for a 16th Amendment was brought before the Senate. After a long and earnest discussion the vote on Jan. 25, 1887, resulted in 16 ayes, all Republican; 34 noes, eleven Republican, twenty-three Democratic; twenty-six absent.[6]
It early became apparent to the leaders of the movement that there would have to be a good deal of favorable action by the States before Congress would give serious consideration to this question and therefore under the auspices of the National American Association, they continuously helped with money and work the campaigns for securing the suffrage by amendment of State constitutions. Miss Anthony herself took part in eight such campaigns, only to see all of them end in failure. Up to 1910 there had been at least twenty and only two had been successful—Colorado, 1893; Idaho, 1896; Wyoming and Utah had equal suffrage while Territories and came into the Union with it in their constitutions, but all were sparsely settled States whose influence on Congress was slight. Commercialism had become the dominating force in politics and moral issues were crowded into the background. Nevertheless in every direction was evidence of an increasing public sentiment in favor of woman suffrage in the accession of men and women of influence, in the large audiences at the meetings, in the official endorsement of all kinds of organizations—the Federation of Labor, the Grange and many others of men, of women and of the two together, for educational, patriotic, religious, civic and varied purposes almost without number. There was not yet, however, any strong political influence back of this movement which was so largely of a political nature.
In 1910 an insurgent movement developed in Congress and extended into various States to throw off the party yoke and the domination of "special interests" and adopt progressive measures. One of its first fruits was the granting of suffrage to women by the voters in the State of Washington. Under the same influence the women of California were enfranchised in 1911, a far-reaching victory. In 1912 Oregon, Arizona and the well populated State of Kansas adopted woman suffrage by popular vote. In 1913 the new Legislature of Alaska granted it, and that of Illinois gave all that was possible without a referendum to the voters, including municipal, county and that for Presidential electors. In 1914 Nevada and Montana completed the enfranchisement of women in the western part of the United States, except in New Mexico.
The effect upon Congress of the addition of between three and four million women to the electorate was immediately apparent. A woman suffrage amendment to the Federal Constitution had suddenly become a live question. A circumstance greatly in its favor was the shattering of the traditional idea that the Federal Constitution must not be further amended, by the adoption of two new Articles—for an income tax and the election of U. S. Senators by the voters.
In 1912 came the division in Republican ranks and the forming of the Progressive party, headed by former President Theodore Roosevelt, which made woman suffrage one of the principal planks in its platform, and for the first time it took a place among the other political issues. The Republican party so long in power was defeated. Woman suffrage never had received any special assistance from this party during its long régime but the entire situation had now changed. The National Association appointed a Congressional Committee of young, energetic women headed by Miss Alice Paul, a university graduate with experience in civic work in this country and England. They arranged an immense suffrage parade in which women from many States participated. It took place in Washington March 3, 1913, the day before the inauguration of Woodrow Wilson, and the new administration entered into office with a broader idea of the strength of the movement than its predecessor had possessed. An extra session was soon called and Senate and House Resolution Number One, introduced April 7, was for a Federal Woman Suffrage Amendment. The chairmanship of the new Senate Committee on Woman Suffrage, instead of being filled as usual by an opponent, was given to Senator Charles S. Thomas (Dem.) of Colorado, always an ardent suffragist, and a friendly committee was appointed— Robert L. Owen (Okla.); Henry F. Ashurst (Ariz.); Joseph E. Ransdell (La.); Henry P. Hollis, (N. H.); George Sutherland (Utah); Wesley L. Jones (Wash.); Moses E. Clapp (Minn.); Thomas B. Catron (N. M.). There were now eighteen members of the Senate with women constituents and several million women were eligible to vote, so that it was possible to bring a pressure which had never before existed. Many of the large newspapers were declaring that the time had come for the submission of this amendment to the State Legislatures.
On May 3 a great suffrage procession took place in New York with a mass meeting in the Metropolitan Opera House addressed by Colonel Roosevelt, who made a ringing speech in favor of votes for women. On June 13 the Senate Committee on Woman Suffrage gave a unanimous favorable report, Senator Catron, the only opponent, not voting. On July 31 the resolution was discussed on the floor of the Senate, twenty-two speaking in favor and three in opposition. It had been referred to the Judiciary Committee in the Lower House, where resolutions also were introduced for the creation of a Committee on Woman Suffrage and referred to the Committee on Rules. During July pilgrimage of women came from different parts of the country and on 31st a petition with 200,000 signatures was presented to the Senate by 531 "pilgrims." Three deputations called on President Wilson asking his support of the amendment, one from the National American Association, one from the National Col Equal Suffrage League and one from the National Council Women Voters, and in November a fourth from his own State of New Jersey. Congress remained in session all summer mass suffrage meetings in theaters were held in Washington. The large corps of newspaper correspondents were constantly supplied with news. Countless suffrage meetings were held in Maryland, Virginia and all the way up to New York and the members were kept constantly informed of the activities in their owndistricts. On September 18 Senator Ashurst announced on the floor of the Senate that he would press the resolution to a vote at the earliest possible moment and Senator Andrieus A. Jones of New Mexico spoke in favor and asked for immediate action.
During the regular session in 1914 the resolution was discussed at different times and many strong speeches in favor were made. The Senate vote, which was taken on March 109, stood, ayes, 35; noes, 34; lacking eleven of a necessary two-thirds majority. Twenty Republicans, one Progressive and fourteen Democrats voted aye; twelve Republicans and twenty-two Democrats voted no; ten Republicans and sixteen Democrats were absent. For the first time southern Senators declared in favor of giving suffrage to women by amending the National Constitution—Senators Owen, Ransdell, Luke Lea of Tennessee and Morris Sheppard of Texas voting in the affirmative.
For a trial vote this was considered satisfactory. The effort in the Lower House was not so successful. Its Judiciary Committee had been continuously opposed to allowing the amendment to reach the Representatives, but two favorable majority reports having been made in the thirty-six years during which the question had been before it (1883, 1890). A larger Congressional Committee had been formed by the National Suffrage Association, of which the chairman was Mrs. Ruth Hanna McCormick, a daughter of former U. S. Senator Mark Hanna, who had inherited her father's genius for constructive politics. Headquarters were opened in the Munsey Building in Washington and the work was divided into three departments—Lobby, Publicity and Organization. Careful and systematic effort was made and it was followed by the Senate vote recorded above. A record was compiled of the votes of every member of Congress on prohibition, child labor and various humanitarian and welfare measures and sent to the women in his district for use in urging him to vote for the suffrage amendment. Organizers were placed where needed to hold meetings and arrange for chairmen of counties who would cooperate with the national committee in bringing pressure on members from their own constituencies.
The Federal Amendment as usual was held up in the House Judiciary Committee in 1914. The suffrage leaders had tried for years to get a House Committee on Woman Suffrage, such as the Senate had. A resolution for this purpose had been introduced by Representative Edward T. Taylor of Colorado in April, 1913, referred to the Committee on Rules, an extended hearing granted, but no action taken. Mrs. McCormick's committee brought great pressure to bear and on Jan. 24, 1914, the question came before the Committee on Rules through a motion by Representative Irvine L. Lenroot (Wis.) to make a favorable report. Eight of the eleven members were present and Martin D. Foster (Ills), Philip P. Campbell (Kans.), and M. Clyde Kelly (Penn.) voted with Mr. Lenroot; James C. Cantrill (Ky.), Finis J. Garrett (Tenn.), Edward W. Pou (N. C.) and Thos. W. Hardwick (Ga.) voted in the negative, making a tie. Two of the absent members were known to be favorable and a Democratic caucus was called for February 3 to discuss the matter. Just before it met the Democratic members of the Ways and Means Committee,— who constitute the ruling body of that party's membership, met in the office of Representative Oscar W. Underwood (Ala.). Representative John E. Raker (Cal.) offered a resolution for the— creation of a Committee on Woman Suffrage. Representative J. Thomas Heflin (Ala.) moved a substitute: 'Resolved, that it is the sense of this caucus that woman suffrage is a State and not a Federal question." It was carried by 123 ayes, 55 noes and further action blocked.
The House Judiciary Committee, after granting a hearing to the suffragists on March 3, 1914, voted to report the resolution for a Federal Amendment "without recommendation." At a meeting of the Rules Committee August 27 Representative Campbell moved that an opportunity be given to the House to vote on submitting this amendment. Representatives Pou, Garrett and Cantrill voted to adjourn; Campbell, Kelly and Goldfogle (N. Y.) against it. Chairman Robert L. Henry (Texas) gave the deciding vote to adjourn.[7]
During this year of 1914, while such heroic efforts were being made to secure favorable action by Congress on a Federal Amendment and the workers were being told that they should look to the States for the suffrage, hard campaigns were carried on for this purpose in seven States. In only two, and those the most sparsely settled—-Montana and Nevada—were they successful. Even these had their influence, however, as they added four to the U. S. Senators who were elected partly by the votes of women. The National Suffrage Association continued Mrs. McCormick as chairman of its Congressional Committee and she increased her forces. Although the Judiciary Committee had reported the resolution for the Federal Amendment "without recommendation" Representative Frank W. Mondell, who introduced it, and its other friends were determined to have a vote on it and a reluctant consent was obtained from the Committee on Rules. The Congressional Committee directed its fullest energies toward obtaining as large an affirmative vote as was possible. Through the courtesy of Speaker Champ Clark they learned who would be the probable speakers and carefully assorted literature was sent them. Thousands of letters and telegrams poured in upon the members from their constituencies. Every available pressure was used to obtain favorable votes and to have all the friends present. Mr. Mondell, the Republican leader, and Mr. Taylor, the Democratic, gave fullest support. The first debate on this amendment in the House of Representatives took place on Jan. 12, 1915, and lasted ten hours without intermission. At its conclusion the vote resulted in 174 ayes, 88 Republicans and Progressives, 86 Democrats; 204 noes, 33 Republicans and 171 Democrats. The affirmative vote was larger than expected. The suffragists had been thirty-seven years trying to secure a vote in the Lower House and they felt that this was the beginning which could have but one end.
Both the suffragists and the anti-suffragists now redoubled their efforts. The four big campaigns of 1915 in Massachusetts New York, New Jersey and Pennsylvania for suffrage amendments to their State constitutions attracted the attention of the whole country. All failed of success at the November election but the effects were not wholly disastrous. The announcement by President Wilson and the majority of his Cabinet that they were in favor of woman suffrage brought many doubters into the fold. The two-thirds vote of Massachusetts in opposition set that State aside as one in which women could only hope to gain the suffrage through a Federal Amendment. In New Jersey in one county alone thousands of votes were afterwards found to have been cast illegally and there was colossal fraud throughout the State, yet the law did not permit the question to be submitted again for five years. In Pennsylvania the amendment polled over 46 per cent of the whole vote cast on it and was defeated by the notoriously dishonest election practices of Philadelphia, but by the law of that State it could not be submitted again for four years. The facts thus disclosed converted many people to a belief in the necessity for an amendment to the National Constitution.
In New York the measure had received 42% per cent. of the vote cast on it; in New Jersey 42 per cent. (by the returns), and the total vote in the four States of a million and a quarter for the amendments was indisputable evidence of the large sentiment for woman suffrage. The immense cost of these campaigns in time, labor and money made it seem more than ever necessary to bring about the short cut to the universal enfranchisement of women through a Federal Amendment. The Congressional Committee was strengthened and as Mrs. McCormick could no longer act as chairman it was headed by Mrs. Frank M. Roessing, the efficient president of the State association in the recent Pennsylvania campaign. Resolutions for the amendment were presented to the Senate on December 7 by Senators Thomas, Sutherland and Thompson (Kans.). On Jan. 8, 1916, the favorable report was made by Senator Thomas, a valuable document, widely circulated by the National Association. This was the year of the Presidential campaign and there was no time when the prospect for a majority vote seemed good enough to take the risk. It was carefully considered after Judge Charles E. Hughes, the Republican candidate for President, made his declaration for the Federal Amendment but many members were absent and a vote was not deemed advisable. The planks in the Republican and Democratic national platforms demanding woman suffrage by State action deprived it of political support.
The Judiciary Committee of the House, Edwin Y. Webb (N. C.), chairman, added to its unpleasant reputation. Resolutions for the amendment were introduced in December, 1915, by five members—Representatives Mondell, Raker, Taylor, Keating of Colorado and Hayden of Arizona. They were referred to a sub-committee which on Feb. 9, 1916, reported one of them to the main committee "without recommendation." On the 15th it sent the resolution back to the sub-committee to hold until the next December by a vote of 9, all Democrats, to 7, three Democrats and four Republicans. As this was done when many were absent the Congressional Committee undertook to have the Judiciary take up the resolution again when the full committee could be present. It finally agreed to do so on March 14. Twenty of the twenty-one members were present, nine opponents and eleven friends, Hunter H. Moss of West Virginia among the latter coming from a sick bed. A motion was made to reconsider the action of February 15, which Chairman Webb ruled out of order. A debate of an hour and a half followed and to relieve the parliamentary tangle unanimous consent was given to act on the amendment resolution March 28 at 10:30 a.m. Four members of the National Association's Congressional Committee were on hand at that time but the Judiciary went at once into executive session, which barred them out. Instead of presenting the amendment resolution for consideration, which was the chairman's duty when there was a special order of business, he permitted a motion to postpone all constitutional amendments indefinitely! Ten of the members present were pledged to vote for a favorable report but Representative Leonidas C. Dyer of Missouri defaulted and voted with the nine opponents and no further action in 1916 was possible.
With the whole country now aroused to the importance of the votes of women in the election of a President the suffrage leaders saw the opportune time for pushing a measure which they had long advocated, namely, the granting to women by State Legislatures of the right to vote for Presidential electors. That of Illinois had been persuaded to do this in 1913; they had exercised it in 1916 and its constitutionality had been established by the acceptance of the State's vote in the Electoral College. As soon as the Legislatures of the various States met in 1917 they received from the headquarters of the National American Association in New York the opinion of Chief Justice Walter Clark of North Carolina that the Federal Constitution empowered Legislatures to determine who should vote for Presidential electors, with the authorities and arguments to support it. The presidents of the State suffrage associations affiliated with the National were prepared to take up the matter at once with their Legislatures and as a result those of North Dakota, Nebraska, Indiana, Michigan, Ohio and Rhode Island conferred this vote on women during the winter. That of Arkansas gave to women full suffrage in all Primaries, equivalent to a vote in regular elections, and that of Vermont gave the Municipal franchise. The following November came the great victory in New York.
This was the situation when Congress met in December, 1917. Mrs. Roessing could not serve longer as chairman of the Congressional Committee and the National Association had appointed Mrs. Maud Wood Park (Mass.), a founder and organizer of the National College Women's Suffrage League, who had taken up the work in March. The association, whose headquarters were in New York City, had enlarged its staff in Washington and taken a large house for this committee and its work. There on April 2 the first woman ever elected to Congress, Miss Jeannette Rankin of Montana, was entertained at breakfast, made a speech from an upper balcony and was escorted to the Capitol by Mrs. Carrie Chapman Catt, national president, at the head of a cavalcade of decorated automobiles, filled with suffragists. That day the President asked Congress for a declaration of war against Germany. The resolution for the Federal Suffrage Amendment was to have been the first introduced in the Senate but the War Resolution took its place and it became Number Two on the calendar. Senator Thomas had given up the chairmanship of the Committee on Woman Suffrage and Senator Andrieus A. Jones 
Mrs. Helen H. Gardener,Mrs. Carrie Chapman Catt,Mrs. Maud Wood Park
In the House the resolution was introduced by Representatives Rankin, Raker, Mondell, Taylor, Keating and Hayden. Both Houses agreed that only legislation pertaining to the war program should be considered during the extra session, which excluded the amendment, but there were some forms of work not prohibited. On April 20 the Senate Committee gave a hearing on it with Mrs. Catt in charge and very strong addresses were made by her and by Senators Shafroth (Colo.), Kendrick (Wyo.), Walsh Mont.), Smoot (Utah), Thomas, Thompson and Representative Rankin. Thousands of copies were franked and given to the National Association for distribution. On September 15 Chairman Jones made a unanimous favorable report to the Senate. Tn the House efforts were concentrated on securing a Committee
Woman Suffrage, resolutions for which had been introduced by Representatives Raker, Hayden and Keating and referred lo the Committee on Rules. Mrs. Park's report said:
A petition asking for the creation of a Committee on Woman Suffrage was signed by all members from equal suffrage States and by many of those from Presidential suffrage States, and from Arkansas. This was presented to the Rules Committee, which, on lay 18, granted a hearing. On June 6, by a vote of 6 to 5, on motion f Mr. Cantrill a resolution calling for the creation of a Committee m Woman Suffrage to consist of thirteen members, to which all proposed action touching the subject of woman suffrage should be referred, was adopted by the Rules Committee, with an amendment, lade by Mr. Lenroot to the effect that the resolution should not be reported in the House until the pending war legislation was out of way.
The report of the Rules Committee, therefore, was not brought into the House until September 24, when the extremely active opposition of Chairman Webb and most of the other members of the Judiciary Committee made a hard fight inevitable. Thanks to the hearty support of Speaker Clark, the good management of Chairman Pou and the help of loyal friends of both parties in the House, as well as to the admirable work done by our own State congressional chairmen, the report was adopted by a vote of 180 yeas to 107 nays, with 3 answering present and 142 not voting. Of the favorable votes, 82 were from Democrats and 96 from Republicans. Of the unfavorable votes, 74 were from Democrats and 32 from Republicans. Of those not voting, 59 were Democrats and 81 were Republicans. These facts show that the measure was regarded, as we had hoped that it would be, as strictly non-partisan. The victory came so late in the session that the appointment of the new committee was postponed until the present session.At the November election in 1917 occurred the greatest victory for woman suffrage ever achieved, when the voters of New York by a majority of 102,353 declared in favor of an amendment to— the State constitution granting the complete franchise to women.— This added 45 to the members of Congress elected partly by votes of women and presumably obligated to support a Federal Amendment. Colonel Roosevelt and other leading Republicans and Progressives were advocating it and William Jennings Bryan headed the Democratic leaders in its favor. President Wilson had not yet reached this point but he had congratulated Mrs. Catt, Dr. Anna Howard Shaw and the other leading suffragists on every victory gained. Both Republican and Democratic opponents now realized that it was inevitable and they could only hope to postpone it. After strong efforts to prevent it the Committee on Woman Suffrage was appointed in the House on December 13 with Judge Raker (Cal.) chairman. Besides himself nine of the thirteen members were openly in favor of submitting the amendment: Benjamin C. Hilliard (Colo.); James H. Mays (Utah); Christopher D. Sullivan (N. Y.); Thomas L. Blanton (Texas); Jeannette Rankin (Mont.); Frank W. Mondell (Wyo.); William H. Carter (Mass.); Edward C. Little (Kans.); Richard N. Elliott (Ind.). Three were opposed: Edward W. Saunders (Va.); Frank Clark (Fla.); Jacob E. Meeker (Mo.).
The Judiciary refused to turn over the amendment resolution to the new Committee but amended it by limiting to seven years the time in which the Legislatures could ratify it, and reported it "without recommendation" on December 11. Democratic floor leader Claude Kitchin (N. C.) announced that it would come to a vote on the 17th. He was strongly pressed to set a later date, as the required number of votes were not yet assured, but the alternative was probably a long postponement. Finally he consented to wait until January 10. At the beginning of the session, through the initiative of Mrs. Park, a "steering committee" of fifty-three friendly Republicans had been brought together with an executive composed of Mr. Hayden chairman, Mr. French (Ida.) secretary, Mr. Keating, Mr. McArthur (Ore.) and Mr. Cantrill, who had now become an ally. During all of December the National Suffrage Association had a large lobby of influential women working daily at the Capitol with the members from their States. The national suffrage convention met in Washington December 10-16, and, following a plan of Mrs. Catt, the president, Senators from about thirty States invited the Representatives to their offices to meet the women from their States who were attending the convention and many pledges of votes were obtained. In the meantime, at the suggestion of Speaker Clark and Chairman Pou, Judge Raker introduced a new amendment resolution, which went automatically to his own committee, where it was in the hands of a strong friend instead of a bitter opponent as was Mr. Webb.
The Committee on Woman Suffrage held hearings Jan. 3-7, 1918, for the National Suffrage Association, the National Woman's Party and the Anti-Suffrage Association.[8] On the 8th it reported favorably and on the 9th the Committee on Rules voted to give to it instead of the Judiciary Committee charge of the hearing.
Great efforts were made to secure the cooperation of Democratic and Republican leaders. Letters of endorsement were given out by Secretaries McAdoo, Daniels and Baker of the Cabinet among others of influence. It was now understood that President Wilson had come to favor the Federal Amendment but he had not yet spoken. Finally through the mediation of Mrs. Helen H. Gardener, vice-president of the National Suffrage Association, an appointment was made for Chairman Raker and eleven Democratic Representatives to call on the President January 9. After a conference he wrote with his own hand the following statement to be made public: "The Woman Suffrage Committee found that the President had not felt at liberty to volunteer his advice to members of Congress in this important matter but when we sought his advice he very frankly and earnestly advised us to vote for the amendment as an act of right and justice to the women of the country and of the world." This declaration had a marked effect on the Democratic members and on the party outside. On the Republican side, Colonel Roosevelt wrote a letter to Chairman Willcox of the Republican National Committee, urging that the party do everything possible for the amendment, and Mr. Willcox went more than once to Washington to labor with Re a meeting was called in the hope of securing caucus action. It could not be had but the fol-lowing very moderate resolution was adopted: "The Republican conference of the House of Representatives recommends and advises that the Republican members support the Federal Suffrage Amendment in so far as they can do so consistently with their convictions and the attitude of their constituents"! Shortly after 12 o'clock on Jan. 10, 1918, with the galleries of the House crowded, Representative Foster (Ills.) presented the rule, which, when adopted, provided for the closing of debate at five o'clock that afternoon and even division of time between sup-porters and opponents. With Chairman Raker's consent the general debate was opened by Miss Rankin and it continued until five o'clock, when amendments were in order. One, offered by Representative Moores of Indiana, providing for ratification by convention in the several States instead of by the Legislatures, was defeated by a vote of 131 to 274. A second, by Representative Card of Ohio, limiting the time allowed for ratification by the States to seven years, was defeated by a vote of 158 to 274. Analyzed by parties and not including pairs, the vote on the joint resolution for submitting the Federal Suffrage Amendment to the Legislatures was as follows:
| Republicans | 165 | ayes, | 33 | noes |
| Democrats | 104 | " | 102 | " |
| Miscellaneous | 5 | " | 1 | " |
| 274 | 136 |
A number of men who voted favorably came to the Capitol at considerable inconvenience to cast their votes. Republican Leader Mann of Illinois at much personal risk came from a hospital in Baltimore. He had not been present in Congress for months and his arrival shortly before five o'clock caused great excitement in the chamber. Representative Sims of Tennessee, who had broken his shoulder two days before, refused to have it set until after the suffrage vote and against the advice of his physician was on the floor for the discussion and the vote. Representative Barnhart of Indiana was taken from his bed in a hospital in Washington and stayed at the Capitol just long enough to cast his vote. One of the New York Representatives came immediately after the death of his wife, who had been an ardent suffragist, and returned on the next train.
When it became apparent that the resolution had carried, the opponents became very active on the floor attempting to persuade some member to change his vote. They demanded a recapitulation but it stood the same as the original vote. Speaker Clark had given his assurance that in case of a tie he would vote in favor. Only one member broke his pledge to the women. The most remarkable feature was that 56 of the affirmative votes were from southern States.
The women were jubilant, as they believed the end of their long struggle was near. It was not anticipated that there would be serious difficulty in the Senate. Its committee had reported favorably and in a short time promises were obtained for the needed two-thirds lacking only three or four. There had been, however, an unprecedented series of deaths in the Senate during the past few months which in the early part of 1918 were increased to ten, seven of whom were pledged to vote for the amendment. Some of the vacancies were filled by friends and some by foes but there was a net loss to it of one. Nevertheless no means were left untried to obtain help from individuals, committees and organizations with influence.
Through the national headquarters in New York a petition signed by a thousand men of nation wide reputation was obtained and presented to the Senate. Among the most important favorable resolutions adopted were those by the Democratic National Committee Feb. 11, 1918; by the Republican National Committee February 12; by the Democratic Congressional Committee June 4; by the model State platforms of the Republican and Democratic parties in Indiana in May and June; by the Republican Congressional Committee; by the General Federation of Women's Clubs May 3; by the American Federation of Labor June 14. Will H. Hays, newly elected chairman of the Republican National Committee, gave interviews in favor and worked diligently in many other ways for its success, as did Vance McCormick, former chairman, and Homer Cummings, present chairman of the National Democratic Committee, and many other men conspicuous in public life.
It was finally decided to take a vote on May 10 but on the 9th so serious a fight in opposition had developed that it was considered best to postpone it. By June 27 the outlook was so favorable that the amendment was brought before the Senate. Senators Poindexter (Wash.) and Thompson (Kans.) spoke in favor, Brandegee (Conn.) in opposition. A wrangle over "pairs" followed and Reed (Mo.) launched a "filibuster." After he had spoken two hours Chairman Jones saw that the situation was hopeless and withdrew his motion.
During the summer representatives of the National Association obtained in Delaware a petition of over 11,000 to Senators Wolcott and Saulsbury to support the amendment. Petitions poured in on other opposing Senators and influence of many kinds was exerted. Only two more votes were needed and it seemed important to put the amendment through before the fall election. On August 24 a conference of Republican Senators was held in Washington to elect a floor leader in place of Senator Gallinger (N. H.), who had died, and it passed the following resolution: "We shall insist upon the consideration of the Federal Suffrage Amendment immediately after the disposition of the pending unfinished business and upon a final vote at the earliest possible moment, provided that this resolution shall not be construed as in any way binding the action or vote of any member of the Senate upon the merits of said suffrage amendment"!
The friends of the measure could have had "immediate consideration" at almost any time during the past year. They could have had a vote on May 10 had they considered that time favorable. Even on June 27 some way might have been found to obtain it had there been a very great desire to have it taken then. This conference resolution called upon the Senate to vote on it and get it out of the way, no matter whether it should be carried or defeated, and did not even give it the prestige of a favorable endorsement. Here, as in the State's rights plank put into the Republican national platform in 1916, one could easily see the fine hand of Senator Henry Cabot Lodge of Massachusetts.
The way was now wide open for President Wilson to secure for the Democratic party the credit for submitting the amendment, which the suffrage leaders were quick to take advantage of. On September 18 a delegation of Democratic women, members of the National American Suffrage Association, had a conference with him to ask his help, which he willingly promised. A few of the newly elected or appointed Senators held out some hope and Chairman Jones gave notice that he would call up the amendment on September 26, as it was most important to get it through at this session, so as not to have it go back to the House.
On August 26 a five days' debate in the Senate began and the report of it in the Congressional Record is a historic document which will take its place with the debates on slavery before the Civil War. It was soon apparent that three of the new Senators, who there was reason to hope would vote in favor—Drew of New Hampshire, Baird of New Jersey and Benet of South Carolina— were among the opponents and there would be two less than a two-thirds majority. Every minute was filled with the efforts to obtain these votes and finally an appeal was again made to President Wilson. There was the greatest anxiety until it was learned that he would take the unprecedented step of addressing the Senate in person on the subject September 30. This was done to the joy of its friends and the wrath of its enemies. Mrs. Park, chairman of the Congressional Committee of the National Suffrage Association, said in her report: "For a while our fears were at rest and Monday afternoon when the words of that noble speech fell upon our ears it seemed impossible that a third of the Senate could refuse the never-to-be-forgotten plea.[9]
Scarcely had the door closed upon the President when Senator Underwood took the floor for a prolonged State's rights argument against the amendment. He was followed by others opposed and in favor, during whose speeches the leaders of the opposition of both parties went about among the members trying to counteract the influence of the President's address.
The next day various amendments proposed were defeated; one by Senator Williams (Miss.) to amend by making the resolution read: "The right of white citizens to vote shall not be denied, etc.," was laid on the table by a vote of 61 to 22. One by Senator Frelinghuysen (N. J.), denying the vote to "female persons who are not citizens otherwise than by marriage" was also laid on the table by a vote of 53 to 33. One by Senator Fletcher (Fla.) to strike out the words "or by any State" so that the section would read: "The right of citizens of the United States to vote shall not be denied or abridged by the United States on account of sex," was laid on the table by a vote of 65 to 17.
The Senate vote Oct. 1, 1918, on the amendment itself, stood 54 in favor to 30 against, or, including pairs, 62 in favor to 34 against, two votes short of the needed two-thirds majority. Chairman Jones changed his vote and moved reconsideration, which put the amendment back in its old place on the calendar. Analyzed by parties and including pairs the vote stood:
| Yes | No | |
| Democrats | 30 | 22 |
| Democrats | 32 | 12 |
| Total | 62 | 34 |
It had become evident by the action of the 65th Congress that something more efficacious than public opinion or pressure from high sources was required to secure the needed two votes in the Senate. The official board of the National Suffrage Association, therefore, for the first time in its history decided to enter the political campaigns. Those of New Hampshire, New Jersey, Massachusetts and Delaware were selected in the hope of defeating the Senatorial candidates for re-election who had opposed the amendment and electing those who would support it. It was necessary to use influence against Republican candidates in three States and a Democratic candidate in Delaware. Two of these efforts were successful and a Republican, J. Heisler Ball, defeated the Democratic Senator Saulsbury of Delaware, and a Democrat, David I. Walsh, defeated the Republican Senator Weeks of Massachusetts. Both of the new members voted for the amendment in the 66th Congress.
The election returns on November 6 indicated that the necessary two-thirds majority in the 66th Congress had been secured. This belief was shared by prominent Democrats, who from that time spared no effort to make unfriendly Democratic Senators realize the folly of their position in leaving the victory for the Republican Congress which had been elected. At this election the voters of Michigan, South Dakota and Oklahoma by large majorities fully enfranchised their women, adding six Senators and twenty-four Representatives to the number partly elected by the votes of women. Texas this year had given women a vote at Primary elections, almost equal to the complete suffrage. Resolutions were passed by twenty-five State Legislatures in January and early February, 1919, calling upon the Senate to submit the Federal Amendment. William P. Pollock of South Carolina, who had been elected to succeed Senator Benet, was not only in favor of it but was working to secure the one vote among the southern Senators which, added to his own, would complete the two-thirds. A conference of friendly Democratic Senators on February 2 decided that a vote must be taken the following week if this party was to have the credit. The next day the Senate Woman Suffrage Committee met and unanimously voted to bring up the amendment on February 10. The reasons for the decision were, first, that there was a chance to win and nothing to be lost by recording the friends and enemies; second, that one man had been gained since the last vote and there was a possibility that another could be won. President Wilson cabled from Paris urging doubtful Senators to vote in favor. William Jennings Bryan came to Washington to intercede for it.
On petition of twenty-two Democratic Senators, a party caucus on suffrage was held on February 5, but the enemies died hard. They immediately made a motion to adjourn but the suffragists without proxies defeated the "antis," who voted proxies, by 22 to I 6. On a resolution that the Democratic Senators support the Federal Suffrage Amendment, twenty-two voted in the affirmative but when ten had voted in the negative those ten were allowed by Senator Thomas S. Martin (Va.), Democratic floor leader, to withdraw their votes in order that he might declare that, as the vote stood 22 to o, a quorum had not voted!
After the close of the morning business on Feb. 10, 1919, Chairman Jones moved to take up the amendment. An extremely strong speech in its favor was made by Senator Pollock. The only other speeches were by Senator Frelinghuysen on points of naturalization and by Edward J. Gay, the new Senator from Louisiana, in opposition. The vote taken early in the afternoon showed 55 in favor and 29 opposed. As on October 1, all the members who were not present to vote were accounted for by pairs, so that it stood practically 63 to 33. In other words the amendment was lost in the 65th Congress by only one vote and the individual responsibility for the defeat lay at the door of every Senator who voted against it.
From the States west of the Mississippi River only three Senators voted "no" Borah of Idaho, Reed of Missouri and Hitchcock of Nebraska.
Only three States Alabama, Delaware and Georgia cast all their votes in both Senate and House against the amendment.
Twenty States cast all their votes in Senate and House in favor—Arizona, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Kansas, Minnesota, Montana, Nevada, North Dakota, New Mexico, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Washington and Wyoming. In all of these women already had full or partial suffrage.
On February 17 Senator Wesley L. Jones of Washington reintroduced the amendment in its old form, stating that he expected no action during the present Congress. On the following day Senator Gay introduced an amendment in which the right of enforcement was given to the various States and Congress was excluded. On the 20th Senator Kenneth McKellar of Tennessee introduced one requiring personal naturalization of alien women. Senator Gay agreed to support an amendment introduced February 28 by Chairman Jones, giving the States the right to enforce the amendment, but, in case of their failure to do so, permitting Congress to enact appropriate legislation. Just before the close of the session on March 3, a southern Democrat, in response to a cablegram from President Wilson, consented to give the measure the lacking vote if it could be brought up again but this the Republicans declined to permit.
During this winter of 1919 the National American Association continued the work of obtaining from the Legislatures Presidential suffrage for women and to the list were added Maine, Vermont, Wisconsin, Minnesota, Iowa, Missouri and 'Tennessee, fourteen altogether. By May 1, adding the States with this Presidential suffrage to the fifteen where women had the complete franchise, it was estimated that about 15,500,000 would be able to "vote for the President" in the general election of 1920. They could vote for 306 of the 531 members of the Electoral College, 40 more than half. About half of the above number would exercise the full suffrage. Thirty-four Senators and 130 Representatives were now elected partly by women, including those from Arkansas and Texas.
One-third of the Senate and all of the House of Representatives were elected in November, 1918. Many of the old members were re-elected, some friends and some enemies of the Federal Suffrage Amendment. The Republicans had a large majority and both parties wanted an early vote on it. President Wilson made this possible by calling a special session to meet May 19, 1919. Representative Frank W. Mondell (Wyo.) was elected majority leader of the House and Representative James R. Mann (Ills.) appointed chairman of the Committee on Woman Suffrage, both Republicans. The resolution for the Federal Amendment was introduced by six members on the opening day and on the 20th was favorably reported by the committee and placed on the calendar for the next day, even before the President's message was read, in which it was recommended. On May 21, after two hours' discussion, it was passed by 42 more than the needed two-thirds. The vote stood as follows:
| In Favor | Opposed | |
| Republicans | 200 | 19 |
| Democrats | 102 | 70 |
| Miscellaneous | 2 | 0 |
| 304 | 89 |
Members from southern States cast 71 of the affirmative votes and four from the North were born in the South. The Democrats polled 54 per cent. of their voting strength for the amendment and the Republicans polled 84 per cent. of theirs.
In all the great area west of the Mississippi River, excluding Texas and Louisiana, only one vote in the lower house was cast against the amendment—that of Representative H. E. Hull (Rep.), Iowa. In the group of Middle States only five opposing votes were cast—two from Wisconsin, one from Michigan, two from Ohio. The opposition centered in the coast States from Louisiana to Maryland; aside from these the largest opposing majorities were from Pennsylvania and Massachusetts. Twenty-six States—over half of the whole number—gave unanimous support; thirteen had large favorable majorities; one was tied—Maryland; five gave opposing majorities—Alabama, Georgia, Louisiana, North Carolina, Virginia; only two cast a solid vote in opposition—Mississippi and South Carolina.
These statistics did not indicate that "a few States were trying to force this amendment on a vast unwilling majority of States," as the opponents asserted. The increase from the majority of one in 1918 to 42 in 1919 is accounted for by the fact that at the congressional election during the interim 117 new members were elected, of whom 103 voted for the amendment. As it had been an issue in the campaign they represented the sentiment of their 'constituencies. Fifteen of the former members who were reelected changed from negative to affirmative. From January, 1918, to June, 1919, not one member of either House broke his promise to vote for the amendment except Representative Daniel J. Riordan (Dem.) of New York, although many of them were subjected to extreme pressure by the interests opposed to it. The resolution for the Amendment was introduced in the Senate May 23, 1919, by four members and half a dozen others expressed a wish to present it. The new Committee on Woman Suffrage had not been appointed and it was referred to the old one, whose chairman, Senator Jones, asked unanimous consent to have it placed on the calendar at once. Senators Underwood of Alabama; Hoke Smith of Georgia; Swanson of Virginia; Reed of Missouri, Democrats; Borah of Idaho; Wadsworth of New York, Republicans, and other opponents objected and it was delayed several days. Meanwhile a new committee was appointed with Senator James E. Watson (Rep.) of Indiana, as chairman. Finally on May 28 he was able to report the resolution favorably, by unanimous vote of the committee, and have it placed on the calendar for June 3.
The discussion was continued for two days, principally by the opposition, the friends of the amendment having agreed to consume no time except when necessary to correct misstatements. For this purpose Senators Lenroot of Wisconsin and Walsh of Montana, Republicans, and Thomas of Colorado, King of Utah, Kirby of Arkansas and Ashurst of Arizona, Democrats, made brief speeches. Senators Wadsworth, Brandegee (Rep.) of Connecticut and Borah; Underwood, Smith (Dem.) of South Carolina and Reed, consumed the rest of the time, Reed speaking several hours. Senator Underwood offered an amendment to have the ratifications by conventions instead of Legislatures, and Senator Phelan (Dem.) of California wanted to amend this by requiring them to be called the first week in December. Senator Harrison (Dem.) of Mississippi tried to have the word "white" inserted in the original amendment. Senator Gay (Dem.) of Louisiana wished to amend by providing that the States instead of the Congress should have power to enforce it. All these amendments were defeated by large majorities.
The Senators knew that all this debate was a waste of time, as enough votes were pledged to pass the amendment. Senator Watson opened and closed it in a dozen sentences. The roll was called at 5 p. m. June 4, and the vote was announced, 56 ayes, 25 noes. With the "pairs" that had been arranged the entire 96 members of the Senate were recorded and they stood as follows:
| Ayes | Noes | ||
| Republicans | 40 | 9 | |
| Democrats | 26 | 21 | |
| Total | 66 | 30 |
The certificate to be sent to the Legislatures for ratification was signed by President of the Senate Thomas R. Marshall (Ind.) and Speaker of the House Frederick H. Gillett (Mass.) both unyielding opponents of the amendment.
Thus ended the struggle for the submission to the Legislatures of an amendment to the National Constitution to give complete universal suffrage to women, which had been carried on without cessation for almost exactly fifty years—a struggle which has no parallel in history.
It is not possible to give in this limited space due recognition to all the Senators and Representatives who during this long period stood faithfully by this Federal Amendment, many of them at serious political risk. This was especially true of those from the South. The speech of Senator Morris Sheppard of Texas, Aug. 5, 1918, was as strong an argument as ever was made for the Federal Amendment. The great corporate interests of the country, including the liquor interests, which were the dominating force in politics, were implacably opposed to woman suffrage and the women had no material influence to counteract them. All the more honor is due, therefore, to those members who loyally supported it in this long contest founded upon abstract right, justice and democracy.
Vote on Fereral Woman Suffrage Amendment in the U. S. Senate, June 4, 1919.
|
Republicans, Aye Cal. Johnson Col. Phipps Del. Ball Ills. McCormick Sherman Ind. New Watson Iowa Communs Kenyon Kans. Capper Curtis Me. Fernald Hale Md. France Mich. Newberry Townsend Minn. Kellogg Nelson Mo. Spencer Neb. Norris N. H. Keyes N. J. Edge Frelingheysen N. M. Fall N. Y. Calder N. D. Gronna McCumber Ohio Harding Ore. McNary R. I. Colt S. D. Sterling Utah Smoot Vt. Page Wash Jones Poindexter W. Va. Elkins Sutherland Wis. LaFollette Lenroot Wyo. Warren
|
Democrats, Aye Ariz. Ashurst Smith Ark. Kirby Robinson Cal. Phelan Col. Thomas Ga. Harris Ida. Nugent Ky. Stanley La. Ransdell Mass. Walsh Mont. Myers Walsh Nev. Henderson Pittman N. M. Jones Okla. Gore Owen Ore. Chamberlain R. I. Gerry S. D. Johnson Tenn. McKellar Tex. Culberson Sheppard Utah King Wyo. Kendrick
|
|
Total 40
|
Total 26
|
|
Republicans, No Conn. Brandegee McLean Ida. Borah Mass. Ledge N. H. Moses N. Y. Wadsworth Penn. Know Penrose Vt. Dillingham
|
Democrats, No Ala. Bankhead Underwood Del. Wolcott Fla. Fletcher Tramell Ga. Smith Ky. Beckham La. Gay Md. Smith Miss. Harrison Williams Mo. Reed Neb. Hitchcock N. C. Overman Simmons Ohio Pomerene S. C. Dial Smith Tenn. Shields Va. Martin Swanson
|
|
Total 9
|
Total 21
|
Benet was appointed for a few months to succeed Senator Tillman and voter against the amendment October 1. Pollock was elected to serve until March and voted for it February 10. Dial was elected for the full term beginning March 4. Senator Hale of Maine was the only hold-over Senator who changed his position, voting "no" in October and "aye" in June. The suffragists deeply regretted that Senator John F. Shafroth of Colorado, an able and valued friend for the past twenty-five years, was no longer a member of the Senate.
After the woman suffrage amendment had become a part of the Constitution of the United States Mrs. Carrie Chapman Catt, the national president, prepared a complete summary of the several votes on it in the two Houses of Congress according to the political parties and sent it to Chairman Will H. Hays of the Republican National Committee and Chairman George White of the Democratic. To the former she said in part: "I take the occasion to express to you personally on behalf of the National American Woman Suffrage Association, our grateful appreciation of your own faithful, consistent and always sincere efforts to carry out the platforms of your party wherein they referred to the enfranchisement of women. Ratification at this date would not have been achieved without your conscientious and understanding help. I wish also to express our gratitude to the Republican party fof its share in the final enfranchisement of the women of the United States.... "
To Mr. White Mrs. Catt said: "There is one important Democratic factor which should be included in the record and that is the fearless and able sponsorship of the amendment by the leader of your party, the President of the United States.... He has never hesitated to let members of his party know in every State that he favored ratification.... His championship furnishes cause for pride to all forward-looking Democrats, since his vision foresaw this now achieved fact of the enfranchisement of the women of this country. On behalf of the National American Woman Suffrage Association, I wish to thank you and your party for its share in the completion of the task to which our association set itself more than fifty years ago."
Mrs. Catt said in the course of her summing up: "Women owe much to both political parties but to neither do they owe so much that they need feel themselves obligated to support that party if conscience and judgment dictate otherwise. Their political freedom at this time is due to the tremendous sentiment and pressure produced by their own unceasing activities over a period of three generations. Had either party lived up to the high ideals of our nation and courageously taken the stand for right and justice as against time-serving, vote-winning policies of delay, women would have been enfranchised long ago.... If, however, neither of the dominant parties has made as clean and progressive a record as its admirers could have wished, there is no question but that individual men of both parties have given heroic service to the cause of woman suffrage and this has been true in every State, those which ratified and those which rejected. Women should not forget these men who have stepped in advance of the more slow moving of their own constituents to help this great cause of political freedom."
RATIFICATION.
Before this Federal Amendment could become effective it had to be ratified by the Legislatures of thirty-six States, three-fourths of the whole number. The plan by which Mrs. Catt, president of the National American Suffrage Association, had expected ratification to follow the submission immediately was that all of the western equal suffrage States would ratify at once. To. make certain that this would be done a representative of the association was sent on a circuit of these States while the amendment was still pending. She called on the Governors and instructed the women as to the procedure when it was submitted. If there had been the expected early vote this plan would have succeeded but it was thwarted by the late submission. Had the vote taken place even as late as February, 1919, the Legislatures could have considered it, which was the principal reason why the opponents prevented it. By June 4 most of them had adjourned not to meet again for two years. A few, however, were still in session and of these Illinois, Wisconsin and Michigan ratified it within six days of its submission and Pennsylvania and Massachusetts a little later. That of Ohio had taken a recess until June 16 and ratified it on this date.
To obtain enough extra sessions, with all the expense, time and trouble entailed, seemed a hopeless undertaking. Nevertheless, scarcely had the Senate vote been announced when Mrs. Catt began telegraphing to the Governors of many States a request that they would call special sessions for the purpose of ratification. This was favored by leaders in both political parties in order that it might be completed in time for the women of the entire country to vote in the general election of 1920. Governors Alfred E. Smith (Dem.) of New York and Henry J. Allen (Rep.) of Kansas were the first to call special sessions. They were followed by a few others, some willingly, others under great pressure from the women of their States. Even the Governors of some of the equal suffrage States were hesitating for various reasons and vigorous action seemed to be necessary. Under the auspices of the National Association four women, Mrs. Minnie Fisher Cunningham of Texas, Mrs. John G. South of Kentucky, Mrs. Ben Hooper of Wisconsin and Miss Marjorie Shuler of New York, were sent to these States in July. The two Republican women visited Republican States and the two Democratic women visited Democratic States, the four reaching Salt Lake City to attend the National Conference of Governors. Despite their pledges of extra sessions some of them still demurred, as special sessions were not approved by the taxpayers. Two of these Governors, one Republican and one Democratic, were threatened with impeachment proceedings whenever the Legislature should meet. Others feared that matters besides the ratification might come up. The summer waned and the required number of special sessions were not called, although letters and telegrams and every kind of influence were being used. Finally Mrs. Catt herself headed a deputation consisting of Miss Julia Lathrop, chief of the U. S. Children's Bureau; Mrs. Jean Nelson Penfield of New York; Dr. Valeria H. Parker of Connecticut; Mrs. Catharine Waugh McCulloch of Illinois, Mrs. Edward P. Costigan of Colorado and Miss Shuler, who had continued working in those western States. The Governors were again interviewed; the situation was prestented to the States through public meetings and at last the desired pledges were secured. In Oregon the women agreed to raise the money to pay for a special session. In Nevada, Wyoming and South Dakota campaigns to persuade the members to attend at their own expense were started and carried through. Altogether sixteen conferences were held in twelve western States. While this campaign in the West was under way the women of other States were hard at work to obtain legislative action. Those of Indiana had the Herculean task of collecting a petition of 86,000 names asking for a special session and securing pledges from two-thirds of the Legislature to consider no other business, before the Governor would call the session.
While this strenuous work was in progress, which continued into 1920, the National Republican and Democratic Committees, Will H. Hays and Homer S. Cummings, chairmen, used all of their great influence for special sessions and for favorable action. Prominent politicians of both parties lent their assistance. The successful efforts to secure ratification planks in the national platforms of all the political parties are described in Chapter XXIII. Every candidate for President and Vice-president gave his full endorsement.
It was only necessary for thirteen Legislatures to hold out against ratification to prevent the adoption of the amendment and those of the nine southeastern States from Maryland to Louisiana were certain to do this. All of them defeated it except that of Florida, which did not vote on it. By March 22, 1920, thirty-five Legislatures had ratified, leaving but four States from which to obtain the thirty-sixth and final ratification. Delaware defeated it in June, leaving only Tennessee, Connecticut and Vermont. A provision in the State constitution of Tennessee prevented action by its Legislature. The Republican Governors of Connecticut and Vermont refused absolutely to call a special session. The former declared that there was no emergency requiring it and was adamant to every argument. Mrs. Catt and her Board then undertook another Herculean task of bringing to Connecticut an influential woman from every State, and, cooperating with those of Connecticut, a mass meeting was held in Hartford. After this they divided into groups and held meetings in every city and large town, ending the campaign with a visit to the Governor, at which earnest pleas were made that he would call the Legislature to give the final vote for ratification, as the women of the nation were waiting for it. In Vermont, under the auspices of the National Board, 400 women of the State under most trying weather conditions met in Montpelier and called on the Governor with pleadings and arguments for a special session, through whose action the women of the whole country would be enfranchised. Both Governors remained obdurate.
In the meantime the opponents had succeeded in Maine under its Initiative and Referendum law in having the ratification submitted to the voters and they threatened to take this action in all States having this law. The Ohio Supreme Court sustained the legality of a petition for a referendum and it was carried to the Supreme Court of the United States—Hawk vs. the Secretary of the State of Ohio. Here it was argued April 23, 1920. On June I the Court announced its decision that the ratification of a Federal Amendment was not subject to action by the voters.
This decision removed the obstacle that existed in Tennessee and its Governor called a special session for August 9. Mrs. Catt took charge of the campaign in person and the ratification was obtained in the Senate on the 13th and the House on the 18th, in the latter with the greatest difficulty. It called for assistance from President Wilson, from both of the Presidential candidates,the National Committees of both parties and many prominent men and women within and without the State. A full account will be found in the Tennessee chapter. A vote for reconsideration followed; enough members left the State to prevent a quorum and it was not until the 24th that Governor Roberts could forward the certificate of ratification to Secretary of State Bainbridge Colby in Washington.[10] Here on August 26 he proclaimed the 19th Amendment a part of the Federal Constitution. A body of the Tennessee legislators, headed by Speaker of the House Seth Walker, went immediately to Washington and undertook to obtain an injunction on this action but it was refused by the court.
Although the ratification by the Tennessee Legislature was due to the votes of both Democrats and Republicans the former claimed the credit. The general election was close at hand in which all women could take part and Republican leaders felt that some action was necessary. Governor Marcus H. Holcomb of Connecticut called a special session of the Legislature for September 14 and its first act was to ratify the Federal Amendment by unanimous vote of the Senate and 216 to 11 in the House. Owing to a technical question the ratification was repeated September 21.[11]
The stories of these 37 ratifications are interesting—in some States occasions of much pleasure accompanied by music and feasting; in others strenuous contests which left some unpleasant memories. They are described in each State chapter and the failures as well. [special reference should be made to those of States mentioned here and of Delaware, Virginia, West Virginia, North Carolina, Georgia, Mississippi and Louisiana.
When the opponents could not prevent ratification they had recourse to the law. The attempt to have a referendum to the voters has been referred to. [Efforts were made in many States to have the Attorney Generals declare that the ratification was unconstitutional or that further legislation by the States would be necessary, but they were unavailing. In May, 1920, the official board of the National Woman Suffrage Association retained former U. S. Supreme Court Justice Charles Evans Hughes as counsel and his advice and his opinions widely published proved to be of the greatest benefit. Although one of the most eminent of lawyers his interest in woman suffrage was so great that he never refused any appeal for assistance.
On July 7, 1920, before the 36th State had ratified, Charles S. Fairchild, president of the American Constitutional League, formerly the Men's Anti-Suffrage Association of New York, insti tuted injunction proceedings in the Supreme Court of the District of Columbia against Secretary of State Bainbridge Colby and Attorney General A. Mitchell Palmer. They sought to restrain the Secretary from proclaiming the Federal Suffrage Amendment when it should receive the final ratification and the Attorney General from doing anything to enforce it. On July 13 the case for the Government was argued by Solicitor General William L Frierson and Assistant U. S. District Attorney James B. Archer. Mr. Fairchild and the league were represented by Everett P. Wheeler, a New York attorney and officer of the league. He contended that under the U. S. Constitution Congress had no power to submit the amendment and that various ratifications were illegal. Justice Thomas J. Bailey dismissed the injunction proceedings on the ground that neither Mr. Fairchild nor the league had sufficient interest to entitle them to ask for an injunction and that the court had no authority to go behind the action of the Legislatures in voting for ratification. The case was taken to the District Court of Appeals. On October 4 this court denied the injunction and dismissed the case as "frivolous and brought for delay." It was then carried to the Supreme Court of the United States.
Litigation was threatened in Tennessee. In Maryland a League for State Defense was formed to defeat ratification. It succeeded in the Maryland Legislature and had delegations of legislators sent to Tennessee and West Virginia for the purpose, who were not successful. On Oct. 30, 1920, this league brought a test case in the Court of Common Pleas in Baltimore through Attorney William L. Marbury against J. Mercer Garnett et al., constituting the Board of Registry, to compel them to strike the names of two women from the registration books. The suit was filed in the name of Oscar Leser, a former Judge, who had long fought woman suffrage, and twenty members of the league, on the following grounds: The alleged 19th Amendment is not authorized by Article V of the U. S. Constitution; it was never legally ratified by the Legislatures of three-fourths of the States; (those of West Virginia, Tennessee and Missouri were cited); it was rejected by the Maryland Legislature. Everett P. Wheeler assisted in the trial just before Christmas. The case was conducted for the State by Attorney General J. Lindsay Spencer. Judge Heuisler gave an adverse decision on Jan. 29, 1921. The case was taken to the Court of Appeals and set for April 7. The decision of the lower court was sustained—that "the power to amend the Constitution of the United States granted by Article V is without limit except as to the words 'equal suffrage in the Senate.'.... From all the exhibits and other evidence submitted the court is of the opinion that there was due, legal and proper ratification of the amendment by the required number of State Legislatures."
This case also went to the U. S. Supreme Court and there both of them rested. Meanwhile millions of women voted in the general election on Nov. 2, 1920, and in the State and local elections which followed through 1921, and the cases were almost forgotten. Finally in February, 1922, the court heard the arguments, the Government represented by Solicitor General James M. Beck. On the 27th it handed down its decision on the two cases. It upheld the authority of Congress under the Constitution of the United States to submit the amendment; declared that "the validity of the 15th Amendment had been recognized for half a century'; that "the Federal Constitution transcends any limitations sought to be imposed by the State"; that "the Secretary of State having issued the proclamation the amendment had become a part of the National Constitution."
This was the decision of the highest legal authority, from which there was no appeal.
- ↑ The History is indebted for this chapter to Mrs. Ida Husted Harper, author of the Life and Work of Susan B. Anthony, and with Miss Anthony of Volume IV of the History of Woman Suffrage, which ended with 1900.
- ↑ For full account see History of Woman Suffrage, Volume 1, page 67.
- ↑ Life and Work of Susan B. Anthony, Chapter XVI.
- ↑ The American Woman Suffrage Association was organized in Cleveland, O., Nov. 25, 1869, with the Rev. Henry Ward Beecher, president; Lucy Stone, chairman of the executive committee, to work especially for amending State constitutions. The two bodies united in February, 1890, under the name National American and the association thenceforth worked vigorously by both methods.
- ↑ History of Woman Suffrage, Volume II, page 734.
- ↑ For full account see History of Woman Suffrage, Volume IV, Chapter VI.
- ↑ In 1913 and the years following strenuous work with members of Congress was done by the Congressional Union, afterwards called the National Woman's Party.
- ↑ For full report of this hearing see Chapter XVIII.
- ↑ For speech in full see Appendix for this chapter.
- ↑ As soon as the certificate was despatched Mrs. Catt left Nashville, where she had been for six weeks, accompanied by Mrs. Harriet Taylor Upton, vice-chairman of the National Republican Executive Committee; Miss Charl Williams, vice-chairman of Democratic National Committee, and Miss Marjorie Shuler, the National Association chairman of publicity, who had been working with her during this time. They went to Washington, called on the President and Secretary of State and in the evening addressed an enthusiastic mass meeting that filled the largest theater to overflowing. Secretary Colby represented President Wilson, from whom he brought this message:
"Will you take the opportunity to say to my fellow citizens that I deem it one of the greatest honors of my life that this great event, the ratification of this amendment should have occurred during the period of my administration. Nothing has given me more pleasure than the privilege that has been mine to do what I could to advance the cause of ratification and to hasten the day when the womanhood of America would be recognized by the nation on the equal footing of citizenship that it deserves."
From Washington the women, joined by others, went to New York, where Governor Alfred E. Smith was waiting at the station and said in greeting Mrs. Catt: "I am here on behalf of the people of the State of New York to convey congratulations to you Of your great victory for the motherhood of America." [See frontispiece Volume VI.]
- ↑ Vermont was thus left the only State, except those in the so-called "black belt," which did not ratify the Federal Amendment and its Legislature was ready to do so any day when Governor Percival W. Clement would permit it to meet. It ratified unanimously in the Senate and with three negative votes in the House when it met in regular session in 1921.