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A Petition for Universal Suffrage Subject Areas
History, Government, Civics, Women’s Studies

Learning Objectives
Students will have the opportunity to:

  • Read and evaluate primary source documents
  • Trace the development of women’s rights in the United States
  • Interpret what laws and court cases meant for women
  • Identify other rights beside suffrage that were important to Stanton, Anthony, and other reformers

Materials

  1. A copy of “Not for Ourselves Alone: The Story of Elizabeth Cady Stanton and Susan B. Anthony”;
  2. Copies of the following primary source documents:
    Blackstone Commentaries on English Law

    Massachusetts Bay Colony married woman’s legal position

    The Declaration of Independence

    Seneca Falls Declaration of Sentiments and Resolutions

    Married Women’s Property Acts, New York State, 1848, 1860

    Minor v. Happersett, 1875. Read the court opinion below.

    Nineteenth Amendment to the Constitution

  3. Computers with Internet Access
Procedure
  1. Have the students read the first two documents listed above, and discuss what they mean. Divide the class into two groups; have one group make a list of the rights that women had, and have the other make a list of what rights they did not have. As a class, discuss the following: Why did husbands have so many rights over their wives? What did this mean for the women? Why would the American colonies be using British laws? How was the situation for women in the colonial era different than today?

  2. Why did women get involved in reform in the early 1800s? Have students look at the Binghamton web site that studies this topic. Students should also read the articles on Cult of True Womanhood, Quakers, Temperance, and Abolition found in the Resources section of this web site. Together, brainstorm a list of reponses to these questions: What conditions supported the reform movements in the 1800s, and how did the other ninteenth century reform movements affect the suffrage movement? How did the “Cult of True Womanhood” affect women, particularly women reformers? As a class, create a concept web illustrating the connections and conditions tied to various reform movements in the 19th century.

  3. Discuss how women in particular were drawn into reform. Watch the segments of the video surrounding the reform movement. (“A New Revelation” 23:00-26:40, “A Reformer” 26:40-31:40) Why did people like Elizabeth Cady Stanton get involved in the abolition movement? Why did Stanton shift her interest from abolition to women’s rights? Why was temperance such a popular reform movement in the 1800s? Why was Anthony drawn to temperance at first? Why did she shift her attention from temperance to women’s rights?
    • Discuss the responses as a class.
    • Describe the modern movements that mirror these reform movements, such as the fight against drug abuse or the push for human rights around the world.

  4. Watch the segments of the video surrounding the Seneca Falls Convention, (“Mental Hunger” 31:40-36:34, and “Seneca Falls, New York, July 19-20, 1848” 36:34-48:29) Have students read the Seneca Falls Declaration of Sentiments and Rights. How does the Declaration of Sentiments compare to the Declaration of Independence?

  5. Watch the segments of the video surrounding the Married Women’s Property Act, (“Man’s Sense of Justice” 1:10.29-1:20.47) Minor v. Happersett, and the final passage of the 19th Amendment (“Winter Wheat” 1:13.28-1:30). Read the corresponding documents. How do these documents show changes in the rights of women? What limitations were still placed on women? Why would the Supreme Court rule against women having the right to vote? What did the 19th Amendment mean for women?
Assessment Recommendations
Evaluate the students on the following aspects of performance:
  1. The student read and interpreted all of the documents.

  2. The student participated in the classroom discussion.

  3. The student cooperated with others while using the Internet.

  4. The student wrote a thoughtful journal entry that discussed the need for women’s rights in the 19th century and the role that Stanton and Anthony played.
Extensions/Adaptations
  1. Have students research the history of the women’s rights movement in America and discuss the role that other suffragists played. For example, Lucretia Mott, Anna Howard Shaw, Carrie Chapman Catt or others could be studied.

  2. Have the students make a timeline of the important events that have been part of the struggle for women’s rights since 1920.
Documents

Blackstone Commentaries on English Law:
“In marriage husband and wife are one person, and that person is the husband...”
[Source: William Blackstone--Blackstone Commentaries on English Law, 1765]

Massachusetts Bay Colony Women’s Legal Position:
“The Courts of Plymouth Colony and Massachusetts Bay Colony generally followed English common law. This was a body of law developed from customs and traditions. Common law said that as long as a woman was single or widowed she had the same legal position as a man. Once she married, however, her position changed. A married woman’s legal position was as follows:

  1. Property and possessions she owned before marriage became her husband’s and property she inherited after her marriage passed directly to her husband.
  2. Wages she earned were his.
  3. In the event of a divorce, he had custody of their children.
  4. She could not sign a business contract.
  5. She could not sue anyone.
  6. She could not be sued by anyone.
  7. Her husband had to pay all her debts.
  8. On the other hand, if she committed a crime, she was punished for it.
[Source: An Economic Necessity: Women in Colonial America, Developed by Women in American Culture, Title IV, ESEA, Northfield, Minnesota]

Married Women’s Property Acts, New York
1848: The real and personal property of any female [now married and] who may hereafter marry, and which she shall own at the time of marriage, and the rests issues and profits thereof shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female...

It shall be lawful for any married female to receive, by gift, grant, devise or bequest, from any person other than her husband and held to her sole and separate use, as if she were a single female, real and personal property, and the rents, issues, and profits thereof, and the same shall not be subject to the disposal of her husband, nor be liable for his debts...

1860: [The provisions of the law of 1848 were retained, and others were added:] A married woman may bargain, sell, assign, and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade...shall be her sole and separate property, and may be used or invested by her in her own name...

Any married woman may, while married, sue and be sued in all matters having relation to her...sole and separate property...in the same manner as if she were sold. And any married woman may bring and maintain an action in her own name, for damages, against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement...shall be her sole and separate property.

No bargain or contract made by any married woman, in respect to her sole and separate property...shall be binding upon her husband, or render him or his property in any way liable therefore.

Every married woman is hereby constituted and declared to be the joint guardian or her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband...

[Source: Linda K. Kerber and Jane Sherron De Hart, Editors, Women’s America: Refocusing the Past. New York: Oxford University Press, 1995]

Minor v. Happersett
MR. CHIEF JUSTICE MORRISON R. WAITE DELIVERED THE OPINION OF THE COURT:

The question is presented in this case, whether, since the adoption of the fourteenth amendment, a woman, who is a citizen of the United States and of the State of Missouri, is a voter in that State, notwithstanding the provision of the constitution and laws of the State, which confine the right of suffrage to men alone...The argument is, that as a woman, born or naturalized in the United States and subject to the jurisdiction thereof, is a citizen of the United States and of the State in which she resides, she has the right of suffrage as one of the privileges and immunities of her citizenship, which the State cannot by its laws or constitution abridge.

There is no doubt that women may be citizens. They are persons, and by the fourteenth amendment, “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are expressly declared to be “citizens of the United States and of the State wherein they reside.” But, in our opinion, it did not need this amendment to give them that position...sex has never been made one of the elements of citizenship in the United States. In this respect men have never had an advantage over women. The same laws precisely apply to both. The fourteenth amendment did not affect the citizenship of women any more than it did of men...Mrs. Minor...has always been a citizen from he birth, and entitled to all the privileges and immunities of citizenship.

If the right of suffrage is one of the necessary privileges of a citizen of the United States, then the constitution and laws of Missouri confining it to men are in violation of the Constitution of the United States, as amended, and consequently void. The direct question is, therefore, presented whether all citizens are necessarily voters.

The Constitution does not define the privileges and immunities of citizens. For that definition we must look elsewhere. In this case we need not determine what they are, but only whether suffrage is necessarily one of them.

It certainly is nowhere made so in express terms. The United States has no voters in the States of its own creation. The elective officers of the United States are all elected directly or indirectly by state voters. . . it cannot for a moment be doubted that if it had been intended to make all citizens of the United States voters, the framers of the Constitution would not have left it to implication...

It is true that the United States guarantees to every State a republican form of government...No particular government is designated as republican, neither is the exact form to be guaranteed, in any manner especially designated... When the Constitution was adopted...all the citizens of the States were not invested with the right of suffrage. In all, save perhaps New Jersey, this right was only bestowed upon men and not upon all of them...Under these circumstances it is certainly now too late to contend that a government is not republican, within the meaning of this guaranty in the Constitution, because women are not made voters...If suffrage was intended to be included within its obligations, language better adapted to express that intent would most certainly have been employed...

...For nearly ninety years the people have acted upon the idea that the Constitution, when it conferred citizenship, did not necessarily confer the right of suffrage. If uniform practice long constituted can settle the construction of so important an instrument as the Constitution of the United States confessedly is, most certainly it has been done here. Our province is to decide what the law is, not to decide what it should be.

We have given this case careful consideration its importance demands. If the law is wrong, it ought to be changed; but the power for that is not with us...No argument as to woman’s need of suffrage can be considered. We can only act upon her rights as they exist. . .

[Source: Linda K. Kerber and Jane Sherron De Hart, Editors, Women’s America: Refocusing the Past. New York: Oxford University Press, 1995]

Nineteenth Amendment, 1920
Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Section 2: The Congress shall have power to enforce this article by appropriate legislation.

National History Standards
Taken from
Mid-continent Research for Education and Learning
  • Reconstruct the literal meaning of a historical passage.
  • Compare and contrast differing sets of ideas, values, personalities, behaviors, and institutions.
  • Differentiate between historical facts and historical interpretations.
  • Consider multiple perspectives.
  • Analyze cause-and-effect relationships and multiple causation, including the importance of the individual, the influence of ideas, and the role of chance.
  • Identify issues and problems in the past.
  • Evaluate the implementation of a decision

About the Author
Judith Krouse teaches Women in American History, Advanced Placement United States History, and United States History at Germantown Academy. In addition to her teaching duties, she’s the Head Coach for Girls’ Cross Country and Assistant Coach for Girls Track. She also does part time college counseling, serve on the GAIN team (GA Intervention Network), is Director of Senior Projects and is co-advisor for GLASS (Gay, Lesbian and Straight Students). She’s participated in three National Endowment for the Humanities Summer Seminars for Secondary Teachers, most recently one called “Feminist Classics in American History” with Dr. Elisabeth Perry at Sarah Lawrence College.

Classroom Activities
Women Today: An Editorial
Changes in the Role of Women: An Interview
Women’s Rights and Reform in the 19th Century
Conflict, Consensus, and Conclusion