History of Woman Suffrage/Volume 4/Chapter 48
CHAPTER XLVIII.
MISSISSIPPI.[1]
In 1884 the idea of an organization devoted exclusively to the advancement of the "woman's cause" in Mississippi had not assumed tangible form, granting that even the audacious conception had found lodgment in the brain of any person. The nearest approach seems to have been a Woman's Press Club, which sprung into being about this time, but was short-lived, due to the fact, it is charged, that a little leaven of "woman's rights" having crept in, "the whole lump" was threatened.
To the Women's Christian Temperance Union the State is largely indebted for the existence of its Woman Suffrage Association, which was organized in Meridian, May 5, 1897, immediately upon the adjournment of a convention of the State W. C. T. U. The seed sown in 1895 by Mrs. Carrie Chapman Catt, chairman of the national organization committee, and Miss Elizabeth Upham Yates of Maine, and in 1897 by Miss Ella Harrison of Missouri and Mrs. Mary C. C. Bradford of Colorado, now produced a harvest of clubs, and resulted in a roster of friends in twenty-four towns. Mrs. Nellie M. Somerville was elected president of the association, and Mrs. Lily Wilkinson Thompson corresponding secretary.
The first annual convention was held in Greenville, March 29, 30, 1898. The second and third took place at Clarksdale, the former April 5, 6, 1899, and the latter in-May, 1900.[2] At this meeting the report of the superintendent of press, Mrs. Butt, showed that twenty-two newspapers had opened their umns to suffrage articles. Mrs. Chapman Catt and Miss Mary G. Hay, national organizer, were present, and the former gave an address to a large and sympathetic assemblage. She was likewise greeted with good audiences at seven other towns, among them Jackson, the capital, where she spoke in the House of Representatives. A work conference was held at Flora in September of this year.
Legislative Action And Laws: The W. S. A. has not attempted any legislative work, other than the one effort made in 1900 to secure a bill providing for a woman physician at the State Hospital for the Insane. This was introduced and championed in the Senate by R. B. Campbell (to whom the association is also indebted for the compilation of a valuable pamphlet on The Legal Status of Mississippi Women). It passed that body almost unanimously, but did not reach the House.
The measure which provided for the State Industrial Institute and College for Women (white) was the conception of Mrs. Annie Coleman Peyton, the bill itself being framed by her brother, Judge S. R. Coleman, a legislator and a leading attorney. It was sent to the Legislature as early as 1877, but was not at that time even considered. Mrs. Peyton continued her agitation in its behalf and succeeded in having it introduced in 1880 and in 1882, but it was twice defeated. By the time the Legislature convened in 1884, however, its author had enlisted the sympathy of so many of the prominent men and women of the State that the bill was passed at that session. Wiley P. Nash and Mac C. Martin were its earnest champions on the floor of the House; while Col. J. L. Power, the present Secretary of State, Major Jonas, of the Aberdeen Examiner, and Mrs. Olive A. Hastings were among the ablest coadjutors of Mrs. Peyton.
In 1900 the suffrage association petitioned Gov. A. H. Longino to appoint one woman on the board of this institution, which is wholly for women, but he refused on the ground that it would be unconstitutional.
In 1880 the Legislature abrogated the Common Law as to its provisions for wives, being a pioneer among the Southern States to take such action. It declared:
The property belonging to the wife at the time of marriage no longer passes to her husband, although it is still largely under his control. He becomes her debtor and is accountable to her for her separate property; and she must have him account to her annually for the income and profits which he may receive from it, otherwise she will be barred. If the wife permit the husband to employ the income or profits of her estate in the maintenance of the family, he will not be liable to her therefor.
Dower and curtesy are abolished. If either husband or wife die without a will, leaving no children nor descendants of any, the entire estate, real and personal, goes to the survivor. But if there are one or more children or descendants by this or by a former marriage, the surviving wife or husband has a child's share of both real and personal estate.
Each has equal rights in making a will, although if the provisions are not satisfactory to the survivor he or she can take under the law, but this can not be done if separate property is owned equal to what would be the inheritable portion of the estate.
If the residence is upon the property of the husband, that is the homestead and exempt from his debts and he is the head of the family. If it is upon the property of the wife, that is the homestead and exempt from her debts, and she is the head of the family. In neither case can it be mortgaged or sold unless both join, but the one owning it may dispose of it by will.
A married woman may qualify as executor or administrator of the estate of a deceased person, and as guardian of the estate of a minor or person of unsound mind.
She may contract, sue and be sued and carry on business in her own name as if unmarried and her earnings belong to her.
The father is the legal guardian of the minor children and by will may appoint a guardian of their property, but he can not deprive the mother of the custody of their persons.
The husband is required by law to support and maintain his family out of his estate and by his services unless the wife sees fit to allow him to use her property for this purpose.
Alimony is allowed to the wife whether the suit for divorce is brought by her or against her, or whether she asks simply for separation; but, even if divorced, unchastity on her part will bar her right to further alimony.
The "age of protection" for girls remains at 10 years. The penalty is death or imprisonment in the penitentiary for life.
The Constitutional Convention of 1890 provided that no Legislature should repeal or impair the above property rights of married women.
This convention was called primarily to change the constitution with reference to the elimination of the negro vote. It was composed of representative men thoroughly alive to what they construed as the best interests of the State. As one way of circumventing the threatened supremacy of this vote, the enfranchisement of women was variously considered. The first amendment for this purpose was submitted by Judge John W. Fewell:
This was referred to the Committee on Franchise, composed of thirty-five members, but was defeated. The idea was that a great many white women owned property, while very few negro women did, hence the woman vote would furnish a reserve fund which could be called out in an emergency, the author of the measure himself being "not an advocate of female suffrage generally," according to his remarks before the convention. Many, perhaps a majority, at one time favored the scheme, it was said, though comparatively few of the committee recognized the justice of woman's enfranchisement per se.
J. W. Odom offered, among other measures from the "California Alliance" of De Soto County, a proposition that the right of suffrage be conferred upon women on "certain conditions" not specified. John P. Robinson and D. J. Johnson also submitted sections providing for "female suffrage under certain conditions." Jordan L. Morris offered the following:
All of these noble efforts resulted in no action whatever to enfranchise women.
Suffrage: Since 1880 a woman as a freeholder, or leaseholder, may vote at a county election, or sign a petition for such an election to be held, to decide as to the adoption or non-adoption of a law permitting stock to run at large. She may also, if a widow and, as such, the head of the family, manifest by ballot her consent or dissent to leasing certain portions of land in the township, known as the "sixteenth sections," which are set apart for school purposes. As a patron of a school, which presupposes her widowhood, she may vote at an election of school trustees, other than in a "separate school district," which practically limits this privilege to women in the country.[3]
As a taxpayer a woman can petition against the issuance of bonds by the municipality in which she resides (except where the proposed issuance is governed and regulated by a charter adopted previous to the code of 1892), but if a special election is ordered she can not vote for or against issuing the bonds.
The Legislature in dealing with the liquor traffic may make the grant of license depend upon a petition therefor signed by men and women, or by women only, or upon any other condition that it may prescribe; and it seems to be equally true that the Legislature may grant to women the right to vote at elections held to determine whether or not local option laws shall be put in force, but it never has done so.
Office Holding: The constitution provides that "all qualified electors, and no others, shall be eligible to office."
In the constitutional convention of 1890 Jordan L. Morris offered a resolution "that the Legislature may make women, with such qualifications as may be prescribed, competent to hold the office of county superintendent of schools." This amendment was tabled. J. W. Cutrer submitted a section "making eligible to all offices connected with the public schools, except that of State Superintendent of Public Education, all women of good moral character, twenty-five years or upwards of age," which was not favorably reported. A clause was introduced by W. B. Eskridge making "any white woman twenty-one years old, who has been a "bona fide" citizen of the State two years before her election, and who shall be of good moral character," eligible to the office of chancery or circuit clerk; and another, that "any white woman, etc., shall be qualified to hold the office of keeper of the Capitol and State librarian."
The last office, as recommended in a separate measure by George G. Dillard, which was adopted, is the only one to which women are specifically eligible, but none has held it.
In some counties the constitution has been liberally interpreted to make women eligible to serve on school boards; this, however. is regulated usually by the judgment of the county superintendent. Women are elected to such positions occasionally in the smaller towns.
The code of 1892 created the text-book committee, whose duty is to adopt a uniform series of books for use in the public schools of a county. An official record is kept of its specific functions, all members being required to "take the oath of office," etc., and thus constituted public officers according to a recent ruling of the Attorney-General. The majority of these committees are women teachers, appointed by the county superintendents, but no provision has been made for their remuneration.
Women can not serve as notaries public.
Occupations: No profession or occupation is legally forbidden to women. They are licensed to practice medicine, dentistry and pharmaceutics. It is believed that the statute would be construed to enable them to practice law, but the test has not been made. Several women own and manage newspapers.
Education: The State University has been open to women for twenty years, and annually graduates a number. Millsaps College, a leading institution for men, has recently admitted a few women to its B. A. course, and this doubtless will become a fixed policy. The Agricultural and Mechanical College and the State Normal School (both colored) are co-educational. Several women hold college professorships.
In the public schools there are 3,645 men and 4,254 women teachers: The average monthly salary of the men is $32.18; of the women, $26.69.
The State Federation of Women's Clubs was organized in 1897 and has a membership of fifteen societies.
Women have never actively participated in public campaigns except in local politics where the liquor question has been the paramount issue. Miss Belle Kearney is a temperance lecturer of national reputation, and a pronounced advocate of woman suffrage.
- ↑ The History is indebted for this chapter to Mrs. Hala Hammond Butt of Clarksdale, president of the State Woman.Suffrage Association and editor of the Challenge, a county paper.
- ↑ Officers elected: President, Mrs. Hala Hammond Butt; vice-president, Mrs. Fannie Clark; corresponding secretary, Mrs. Harriet B. Kells; recording secretary, Mrs. Rebecca Roby; treasurer, Miss Mabel Pugh. Other officers have been Miss Belle Kearney and Mesdames Nellie Nugent, Charlotte L. Pitman and Pauline Alston Clark.
- ↑ Any municipality of 300 or more inhabitants may be declared a "separate school district" by an ordinance of the mayor or board of aldermen if it maintain a free public school at least seven months in each year. Four months is the ordinary public term, the additional three months' school being supported by special taxation. Thus as soon as a woman has to pay a special tax she is deprived of a vote.