Jailed for Freedom

A Militant Pioneer-Susan B. Anthony

Susan B. Anthony was the first militant suffragist. She has been so long proclaimed only as the magnificent pioneer that few realize that she was the first woman to defy the law for the political liberty of her sex.

The militant spirit was in her many early protests. Sometimes these protests were supported by one or two followers; more often they were solitary protests. Perhaps it is because of their isolation that they stand out so strong and beautiful in a turbulent time in our history when all those about her were making compromises.

It was this spirit which impelled her to keep alive the cause of the enfranchisement of women during the passionate years of the Civil War. She held to the last possible moment that no national exigency was great enough to warrant abandonment of woman's fight for independence. But one by one her followers deserted her. She was unable to keep even a tiny handful steadfast to this position. She became finally the only figure in the nation appealing for the rights of women when the rights of black men were agitating the public mind. Ardent abolitionist as she was, she could not tolerate without indignant protest the exclusion of women in all discussions of emancipation. The suffrage war policy of Miss Anthony can be compared to that of the militants a half century later when confronted with the problem of this country's entrance into the world war.

The war of the rebellion over and the emancipation of the

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negro man written into the constitution, women contended they had a right to vote under the new fourteenth amendment. Miss Anthony led in this agitation, urging all women to claim the right to vote under this amendment. In the national election of 187'2 she voted in Rochester, New York, her home city, was arrested, tried and convicted of the crime of "voting without having a lawful right to vote."

I cannot resist giving a brief excerpt from the court records of this extraordinary case, so reminiscent is it of the cases of the suffrage pickets tried nearly fifty years later in the courts of the national capital.

After the prosecuting attorney had presented the government's case, Judge Hunt read his opinion, said to have been written before the case had been heard, and directed the jury to bring in a verdict of guilty. The jury was dismissed without deliberation and a new trial was refused. On the following day this scene took place in that New York court room.

JUDGE HUNT (Ordering the defendant to stand up)-Has the prisoner anything to say why sentence shall not be pronounced?

Miss ANTHONY-Yes, your Honor, I have many things to say; for in your ordered verdict of guilty, you have trampled under foot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all my sex are, by your Honor's verdict doomed to political subjection under this so-called republican form of government.

JUDGE HUNT-The Court cannot. listen to a rehearsal of argument which the prisoner's counsel has already consumed three hours in presenting.

Miss ANTHONY-May it please your Honor, I am not arguing the question, but simply stating the reasons why sentence

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cannot in justice be pronounced against me. Your denial of my citizen's right to vote, is the denial of my right of consent as one of the governed, the denial of my right of representation as one taxed, the denial of my right to a trial by jury of my peers as an offender against law; therefore, the denial of my sacred right to life, liberty, property, and

JUDGE HUNT-The Court cannot allow the prisoner to go on.

Miss ANTHONY-But, your Honor will not deny me this one and only poor privilege of protest against this highhanded outrage upon my citizen's rights. May it please the Court to remember that since the day of my arrest last November this is the first time that either myself or any person of my disfranchised class has been allowed a word of defense before judge or jury

JUDGE HUNT-The prisoner must sit down, the Court cannot allow it.

Miss ANTHONY-Of all my persecutors from the corner grocery politician who entered the complaint, to the United States marshal, commissioner, district attorney, district judge, your Honor on the bench, not one is my peer, but each and all are my political sovereigns . . . . Precisely as no disfranchised person is entitled to sit upon the jury and no woman is entitled to the franchise, so none but a regularly admitted lawyer is allowed to practice in the courts, and no woman can gain admission to the bar-hence, jury, judge, counsel, all must be of superior class.

JUDGE HUNT-The Court must insist-the prisoner has been tried according to the established forms of law.

Miss ANTHONY-Yes, your Honor, but by forms of law, all made by men, interpreted by men, administered by men, in favor of men and against women; and hence your Honor's ordered verdict of guilty, against a United States citizen for the exercise of the "citizen's right to vote," simply because that

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citizen was a woman and not a man . . . . As then the slaves who got their freedom had to take it over or under or through the unjust forms of the law, precisely so now must women take it to get their right to a voice in this government; and I have taken mine, and mean to take it at every opportunity.

JUDGE Hunt-The Court orders the prisoner to sit down. It will not allow another word.

Miss ANTHONY-When I was brought before your Honor for trial I hoped for a broad interpretation of the constitution and its recent amendments, which should declare all United States citizens under its protecting aegis . . . . But failing to get this justice, failing even to get a trial by a jury-not of my peers-I ask not leniency at your-hands but rather the full rigor of the law.

JUDGE HUNT-The Court must insist (here the prisoner sat down). The prisoner will stand up. (Here Miss Anthony rose again.) The sentence of the Court is that you pay a fine of $100.00 and the costs of the prosecution.

Miss ANTHONY-May it please your Honor, I will never pay a dollar of your unjust penalty . . . . And I shall earnestly and persistently continue to urge all women to the practical recognition of the old Revolutionary maxim, "Resistance to tyranny is obedience to God."

JUDGE HUNT-Madam, the Court will not order you stand committed until the fine is paid.

Miss Anthony did not pay her fine and was never imprisoned. I believe the fine stands against her to this day.

On the heels of this sensation came another of those dramatic protests which until the very end she always combined with political agitation. The nation was celebrating its first centenary of the signing of the Declaration of Independence at Independence Square, Philadelphia. After women had been refused by all in authority a humble half moment in which to present to the Centennial the Women's Declaration of Rights,

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Miss Anthony insisted on being heard. Immediately after the Declaration of Independence had been read by a patriot, she led a committee of women, who with platform tickets had slipped through the military, straight down the center aisle of the platform to address the chairman, who pale with fright and powerless to stop the demonstration had to accept her document. Instantly the platform, graced as it was by national dignitaries and crowned heads, was astir. The women retired, distributing to the gasping spectators copies of their Declaration. Miss Anthony had reminded the nation of the hollowness of its celebration of an independence that excluded women.

Susan B. Anthony's aim was the national enfranchisement of women. As soon as she became convinced that the constitution would have to be specifically amended to include woman suffrage, she set herself to this gigantic task. For a quarter of a century she appealed to Congress for action and to party. conventions for suffrage endorsement. When, however, she saw that Congress was obdurate, as an able and intensely practical leader she temporarily directed the main energy of the suffrage movement to trying to win individual states. With women holding the balance of political power, she argued, the national government will be compelled to act. She knew so well the value of power. She went to the West to get it.

She was a shrewd tactician; with prophetic insight, without compromise. To those women who would yield to party expediency as advised by men, or be diverted into support of other measures, she made answer in a spirited letter to Lucy Stone:

"So long as you and I and all women are political slaves, it ill becomes us to meddle with the weightier discussions of our' sovereign masters. It will be quite time enough for us, with self-respect, to declare ourselves for or against any party upon

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the intrinsic merit of its policy, when men shall recognize us as their political equals . . . .

"If all the suffragists of all the States could see eye to eye on this point, and stand shoulder to shoulder against every party and politician not fully and unequivocally committed to `Equal Rights for Women,' we should become at once the moral balance of power which could not fail to compel the party of highest intelligence to proclaim woman suffrage the chief plank of its platform . . . . Until that good day comes, I shall continue to invoke the party in power, and each party struggling to get into power, to pledge itself to the emancipation of our enslaved half of the people . . . ."

She did not live to see enough states grant suffrage in the West to form a balance of power with which to carry out this policy. She did not live to turn this power upon an unwilling Congress. But she stood to the last, despite this temporary change of program, the great dramatic protagonist of national freedom for women and its achievement through rebellion and practical strategy.

With the passing of Miss Anthony and her leadership, the movement in America went conscientiously on endeavoring to pile up state after state in the "free column." Gradually her followers lost sight of her aggressive attack and her objective-the enfranchisement of women by Congress. They did not sustain her tactical wisdom. This reform movement, like all others when stretched over a long period of time, found itself confined in a narrow circle of routine propaganda. It lacked the power and initiative to extricate itself. Though it had many eloquent agitators with devoted followings, it lacked generalship.

The movement also lost Miss Anthony's militant spirit, her keen appreciation of the fact that the attention of the nation must be focussed on minority issues by dramatic acts of protest.

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Susan B. Anthony's fundamental objective, her political attitude toward attaining it, and her militant spirit were revived in suffrage history in 1913 when Alice Paul, also of Quaker background, entered the national field as leader of the new suffrage forces in America.

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