Page:History of Woman Suffrage Volume 1.djvu/781

"Ask our opponents if they think we had better speak, or, rather, if they do not think we had better remain silent." I am sick at heart, but I can not carry the world against the wish and the will of our best friends. But what can we do now, when even the motion to retain the mother's joint guardianship is voted, down? Twenty thousand petitions rolled up for that—a hard year's work!—the law secured!—the echoes of our words of gratitude in the capitol have scarce died away, and now all is lost!

And, worse still, in 1871,^[1] after the black man was not only emancipated, but enfranchised, by the Fourteenth and Fifteenth Amendments, which, overriding State Constitution and statute law, abolished the property qualification for colored voters in the State of New York, another step of retrogressive legislation was taken against woman, in the repeal of section nine^[2] of the Act of 1860, re-enacting the spirit and letter of the old common law, which holds that the children born in legal wedlock belong to the father alone. Had woman held the ballot—that weapon of protection—in her hand to punish legislators, by withholding her vote from those thus derelict to duty, no repeal of the law of 1860 could have possibly taken place.

 

Albany, April 8, 1881.

Dear Miss Anthony:—Your esteemed favor of the 6th duly received.

The Statute of 1862, Laws of 1862, chapter 90, page 157, repealed the grandest and crowning section of the Statute of 1860, viz: Sections 4, 5, 6, 9, 10, and 11, copies of which sections I herewith inclose you. Had these sections remained, wives in this State would have possessed equal rights with their husbands, save simply the right of voting. It was a great mistake and wrong to repeal them. Had I been a member of the Senate at that time, as I was not, I don't think it would have been done.

I do not know who was the author of the repeal bill, nor did I know of its existence until I saw it in the statute-book. I think Judge Charles J. Folger, now Chief-Justice of the Court of Appeals, was chairman of the Senate Judiciary Committee, and the bill of 1862 must therefore have passed through the hands of that Committee, in which it originated, or through which it was reported, and by the influence of which it must have been adopted.

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1. The Guardianship Law, passed April 25, 1871.

     6th. The Surrogate, to whom application may be made under either of the preceding sections, shall have the same power to allow and appoint guardians as is possessed by the Supreme Court, and may appoint a guardian for a minor whose father is living, upon personal service of notice of the application for such appointment upon such father, at least ten days prior thereto; and in all cases the Surrogate shall inquire into the circumstances of the minor and ascertain the amount of his personal property, and the value of the rents and profits of his real estate, and for that purpose may compel any person to appear before him and testify in relation thereto.

2. See law of 1860.