Page:History of Woman Suffrage Volume 1.djvu/625

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Trial by a Jury of our Peers.
597

woman has a right to the property she inherits and the money she earns, but she is taxed without representation. And here again you place the negro, so unjustly degraded by you, in a superior position to your own wives and mothers; for colored males, if possessed of a certain amount of property and certain other qualifications, can vote, but if they do not have these qualifications they are not subject to direct taxation; wherein they have the advantage of woman, she being subject to taxation for whatever amount she may possess. (Constitution of New York, Article 2, Sec. 2). But, say you, are not all women sufficiently represented by their fathers, husbands, and brothers? Let your statute books answer the question.

Again we demand in criminal cases that most sacred of all rights, trial by a jury of our own peers. The establishment of trial by jury is of so early a date that its beginning is lost in antiquity; but the right of trial by a jury of one's own peers is a great progressive step of advanced civilization. No rank of men have ever been satisfied with being tried by jurors higher or lower in the civil or political scale than themselves; for jealousy on the one hand, and contempt on the other, has ever effectually blinded the eyes of justice. Hence, all along the pages of history, we find the king, the noble, the peasant, the cardinal, the priest, the layman, each in turn protesting against the authority of the tribunal before which they were summoned to appear. Charles the First refused to recognize the competency of the tribunal which condemned him: For how, said he, can subjects judge a king? The stern descendants of our Pilgrim Fathers refused to answer for their crimes before an English Parliament. For how, said they, can a king judge rebels? And shall woman here consent to be tried by her liege lord, who has dubbed himself law-maker, judge, juror, and sheriff too? — whose power, though sanctioned by Church and State, has no foundation in justice and equity, and is a bold assumption of our inalienable rights. In England a Parliament-lord could challenge a jury where a knight was not empanneled; an alien could demand a jury composed half of his own countrymen; or, in some special cases, juries were even constituted entirely of women. Having seen that man fails to do justice to woman in her best estate, to the virtuous, the noble, the true of our sex, should we trust to his tender mercies the weak, the ignorant, the morally insane? It is not to be denied that the interests of man and woman in the present undeveloped state of the race, and under the existing social arrangements, are and must be antagonistic. The nobleman can not make just laws for the peasant; the slaveholder for the slave; neither can man make and execute just laws for woman, because in each case, the one in power fails to apply the immutable principles of right to any grade but his own.

Shall an erring woman be dragged before a bar of grim-visaged judges, lawyers, and jurors, there to be grossly questioned in public on subjects which women scarce breathe in secret to one another? Shall the most sacred relations of life be called up and rudely scanned by men who, by their own admission, are so coarse that women could not meet them even at the polls without contamination? and yet shall she find there no woman's face or voice to pity and defend? Shall the frenzied mother, who, to save herself and child from exposure and disgrace, ended the life that