Page:History of Woman Suffrage Volume 3.djvu/62

32 sex a crime—an exercise of power clearly forbidden in article I, sections 9, 10, of the United States constitution.

The writ of habeas corpus, the only protection against lettres de cachet and all forms of unjust imprisonment, which the constitution declares "shall not be suspended, except when in cases of rebellion or invasion the public safety demands it," is held inoperative in every State of the Union, in case of a married woman against her husband—the marital rights of the husband being in all cases primary, and the rights of the wife secondary.

The right of trial by a jury of one's peers was so jealously guarded that States refused to ratify the original constitution until it was guaranteed by the sixth amendment. And yet the women of this nation have never been allowed a jury of their peers—being tried in all cases by men, native and foreign, educated and ignorant, virtuous and vicious. Young girls have been arraigned in our courts for the crime of infanticide; tried, convicted, hanged—victims, perchance, of judge, jurors, advocates—while no woman's voice could be heard in their defense. And not only are women denied a jury of their peers, but in some cases, jury trial altogether. During the war, a woman was tried and hanged by military law, in defiance of the fifth amendment, which specifically declares: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases . . . . of persons in actual service in time of war." During the last presidential campaign, a woman, arrested for voting, was denied the protection of a jury, tried, convicted, and sentenced to a fine and costs of prosecution, by the absolute power of a judge of the Supreme Court of the United States.

Taxation without representation, the immediate cause of the rebellion of the colonies against Great Britain, is one of the grievous wrongs the women of this country have suffered during the century. Deploring war, with all the demoralization that follows in its train, we have been taxed to support standing armies, with their waste of life and wealth. Believing in temperance, we have been taxed to support the vice, crime and pauperism of the liquor traffic. While we suffer its wrongs and abuses infinitely more than man, we have no power to protect our sons against this giant evil. During the temperance crusade, mothers were arrested, fined, imprisoned, for even praying and singing in the streets, while men blockade the sidewalks with impunity, even on Sunday, with their military parades and political processions. Believing in honesty, we are taxed to support a dangerous army of civilians, buying and selling the offices of government and sacrificing the best interests of the people. And, moreover, we are taxed to support the very legislators and judges who make laws, and render decisions adverse to woman. And for refusing to pay such unjust taxation, the houses, lands, bonds, and stock of women have been seized and sold within the present year, thus proving Lord Coke's assertion, that "The very act of taxing a man's property without his consent is, in effect, disfranchising him of every civil right."

Unequal codes for men and women. Held by law a perpetual minor, deemed incapable of self-protection, even in the industries of the world, woman is denied equality of rights. The fact of sex, not the quantity or quality of work, in most cases, decides the pay and position; and because of this injustice thousands of fatherless girls are compelled to choose between a life of shame and starvation. Laws catering to man's vices have created two codes of morals in which penalties are graded according to the political status of the offender. Under such laws, women are fined and imprisoned if found alone in the streets, or in public places of resort, at certain hours. Under the pretense of regulating public morals, police officers seizing the occupants of disreputable houses, march the women in platoons to prison, while the men, partners in their guilt, go free. While making a show of virtue in forbidding the importation of Chinese women on the Pacific coast for immoral purposes, our rulers, in many States, and even under the shadow of the national capitol, are now proposing to legalize the sale of American womanhood for the same vile purposes.

Special legislation for woman has placed us in a most anomalous position. Women invested with the rights of citizens in one section—voters, jurors, office-holders—crossing