Page:History of Woman Suffrage Volume 3.djvu/556

Rh The convention for the remodeling of the constitution of the State, in 1873-74, afforded an opportunity for unflagging efforts of the members of the association in the circulation of petitions; and so successful were they that when their delegates presented themselves with 1,500 signatures, asking for an amendment securing the right of suffrage to women, a member of the convention, on scanning the roll, exclaimed: "Why, you have here all the solid men of Lucas county." Mr. M. R. Waite, since chief-justice of the Supreme Court of the United States, was president of the convention, and in presenting the petition said the names on that paper represented fifteen millions of dollars. Mr. Waite's courtesy indicated stronger convictions regarding the rights of women than he really possessed. In an interview with our committee, appointed to secure a hearing from the members-elect—Mr. Waite and Mr. Scribner—Mr. Waite declared himself in favor of according equal wages to women, and believed them entitled to all other rights, except the right to vote. He thought women were entitled to a hearing in the convention, and would aid them all he could to secure the privilege. Mr. Waite, with great kindness of nature, possesses an inborn conservatism which curbs his more generous impulses. He adhered to this position in his decision in the case of Minor vs. Happersett, declaring that "the constitution of the United States has no voters." Many of the most sanguine friends were greatly disappointed. They had fully believed his love of justice would lead him to the broad interpretation of the constitution, so clearly the true one, set forth in the first article of the fourteenth amendment. It did prevail, however, when, after saying the constitution does not confer the right of suffrage with citizenship, he said: "If the law is wrong, it ought to be changed; but the power is not with the Supreme Court."

When, in February, 1873, an irascible judge of the Court of Common Pleas refused to ratify the appointment of a woman—Miss Mary Sibley—to the office of deputy clerk, which she had filled for eight years with unusual acceptance, on the ground that not being an elector she was legally disqualified, the association determined to dispute the decision in her behalf, and on applying through their president to Mr. Waite to act as counsel, he gave his unhesitating acceptance, and declared that if the appointment was illegal, the law ought to be changed at once. True to his promise, he defended her most ably, and engaged other counsel to act with him. His services were given gratuitously.

Subsequently, in the constitutional convention, an amendment was adopted making women eligible to appointive offices, and also to any office under the school control, with the exception of State commissioner. But when voted upon, the new constitution was lost, and with it these amendments. The cause had able advocates in the convention, leading whom was General A. C. Voris of Akron, who was made chairman of the Special Committee on Woman Suffrage. The Standing Committee on Elective Franchise was extremely unfriendly, conspicuously so the chairman, Mr. Sample. A Special Committee on Woman Suffrage was appointed, which performed its duty faithfully, and reported unanimously in favor. Mr. Voris worked for the measure with an enthusiasm equaled only by his