USA > Wyoming > History of Wyoming, Volume I > Part 22
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Let the bells ring out more loudly and the deep-toned cannon roar, Giving voice to our thanksgiving, such as never rose before.
For we tread enchanted ground today, we're glorious, proud and great ; Our independence day has come-Wyoming is a State !
Melville C. Brown, who had been president of the constitutional convention, then came forward and presented Mrs. Amelia B. Post, "as a representative woman of Wyoming," with a copy of the constitution. Mrs. Post responded on behalf of the women of the state, thanking Judge Brown and the convention for giving the women of Wyoming equal civic and political rights with men. Then the oration of the day was delivered by Clarence D. Clark of Evanston,
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who was delegate to the constitutional convention and a member of the com- mittee which presented the final memorial to Congress praying for the admis- sion of the state. The celebration came to an end with a display of fireworks and grand ball in the evening.
After the festivities, the people of Wyoming settled down to the more serious business of inaugurating their state government. The first election for state officers was held on Thursday, September 11, 1890, and resulted in the choice of the following: Francis E. Warren, governor; Amos W. Barber, secretary of state; Otto Gramm, treasurer of state; Charles W. Burdick, auditor of state; Stephen T. Farwell, superintendent of public instruction; Willis Van Devanter, chief justice of the Supreme Court; Herman V. S. Groesbeck and Asbury B. Conaway, associate justices ; Clarence D. Clark, representative in Congress. On October 11, 1890, the state officers were installed in their respective positions and the State of Wyoming took her place among her sister states-the forty- fourth star in the American constellation.
CHAPTER XIII
WOMAN SUFFRAGE
WYOMING THE FIRST EQUAL SUFFRAGE STATE-TEXT OF THE BILL-THIE MEN WHO DARED-NEW STATE PROGRESSIVE-LEGISLATIVE HISTORY OF THE ACT-HOUSE PROCEEDINGS-RACY DEBATE-THE BILL IN THE COUNCIL-AMENDED IN THE' HOUSE-APPROVED BY THE GOVERNOR-NEWSPAPER COMMENT- THE COUNTRY SURPRISED -- ATTEMPT TO REPEAL-ITS ACKNOWLEDGED SUCCESS-THE FIRST WOMAN JURY-THIE FIRST WOMAN JUSTICE OF THE PEACE-SUFFRAGE IN THE CONSTITUTIONAL CONVENTION-NOTES AND COMMENTS-BILL NYE'S HUMOROUS REPORT.
Wyoming enjoys the unique distinction of being the first territory and state to give women the full and unqualified right of suffrage, including the right to hold office. In the "wild and woolly" west, the territorial republic of Wyoming in the first session of its legislature in December, 1869, enacted a law, which was approved by the governor, and which reads as follows :
"Every woman of the age of twenty-one years residing in this territory, may, at every election, cast her vote; and her right to the elective franchise and to hold office under the election laws of the territory shall be the same as those of electors."
Thus from our primeval mountains and plains was fired the first shot for equal suffrage "that was heard around the world."
THE MEN WHO DARED
When the brave pioneers and empire builders of the territory startled the country with this enactment, Wyoming had less than 9,000 inhabitants. It was a scene of "magnificent distances" between human habitations, with broad plains, high mountains and great forests intervening. Bands of hostile Indians roamed over much of the territory. The buffalo ranged at will, and thousands of antelope were at home on the plains and foothills, while in the mountains, immense herds of elk were everywhere grazing, as near neighbors of the big horn, the mountain lion and the bear.
The adventurers and desperadoes that floated in with the incoming settlers had nothing to do with making laws. They were transients and pilgrims. The real, bona fide first settlers of Wyoming were men of sterling character, of broad vision and undoubted courage. They were largely made up from the young veterans of the South who fought under Lee and Jackson, or those whose mettle
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had been proved in battles under Grant and Sherman. They had learned by thrilling experiences the lessons of liberty and equality. They were unafraid.
NEW STATE PROGRESSIVE
It seems to be the destiny of new states to work out the problems of a pro- gressive civilization. The fathers who made the American Constitution, which has been called "the greatest human document," were pioneers and frontiers- men, nurtured by forest and stream and mountain, sons of nature, and therefore sons of liberty. This enactment, therefore, was not the result of an idle fancy, nor as has sometimes been asserted, "a joke," or a bid for notoriety. Every step in its passage through the Legislature shows the grim determination of its sup- porters, no matter how much ridicule nor how many quips were thrown at it by its opponents.
It was the serious and conscientious expression of a body of men who were animated by sentiments of lofty respect and admiration for women, and . who believed that as a measure of common justice they should be granted the same rights and privileges that were given to men. This is amply proven by other enactments presented and passed by the same Legislature, as, for example, "An act to protect women in their property rights"; a provision inserted in the bill establishing a school system, that "Women school teachers should receive the same pay as men for the same service," and a resolution "That the sergeant at arms be required to assign seats within the bar of the house to ladies who wished to attend the deliberations of this body." Nobody thought there was anything jocose or sensational about these propositions, although they represent a senti- ment half a century in advance of the old states at that time.
ITS LEGISLATIVE HISTORY
The proceedings of the first Legislature of Wyoming Territory will always be interesting to the student of history and the advocates of equal suffrage. The session began October 12 and ended December II. 1869.
In looking over the house journal, one will find in the proceedings a moving picture the wants and conditions of a frontier people. For instance, a bill was introduced to build a road south from Sherman to the North Park gold mines. and a road north from the Town of Wyoming to the Last Chance gold mines. This shows they had a vision of the need of good roads even in those primitive days. There were frequent references in bills to Indian raids in the Wind River Valley and South Pass. A memorial to Congress was passed asking the removal of the headquarters of the military department from Omaha to Fort Russell. These propositions are all evidence of the enterprise, public spirit and farseeing statcsmanship of the noble band of territorial legislators who blazed the way for woman's suffrage on this continent.
The organic act creating Wyoming Territory was passed by Congress and approved July 25. 1868. The first governor and secretary were appointed and qualified April 15. 1860, and on May 19, 1869, the judicial officers reported for duty, thus completing the territorial organization. An election was soon ordered, resulting in the organization of the Legislature on October 12, 1869.
N'A RAS THE SITE WHERE TH PU ME THE FIRST TERRITORIAL LEGIS MUTE
LAVT EASSET INTHE INTEL SAZA
APPROVED " JOKE AFLEX CAMPBELL
LACE,DET THEMMIGRANTES
TABLET PLACED BY THE CHEYENNE CHAPTER OF THE D. A. R. TO MARK SITE WHERE THE COUNCIL OF THE FIRST TERRITORIAL LEGISLATURE OF WYOMING CONVENED, WHICH LEGISLATURE ENACTED THE FIRST WOMAN SUFFRAGE LAW PASSED IN THE UNITED STATES.
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The governor was John A. Campbell; the secretary, Edward M. Lee; United States attorney, Joseph M. Carey ; United States marshal, Church Howe; and the delegate to Congress was Stephen F. Nuckolls. The names of the legislators were as follows :
Council-Fred Laycock and J. W. Brady of Albany County; W. H. Bright and G. W. Wardman of Carter County ; J. R. Whitehead, T. D. Murrin and T. WV. Poole of Laramie County ; George Wilson of Carbon County ; and William E. Darby at large. Nine members. W. H. Bright, president.
House-J. C. Abney, Posey S. Wilson, Howard Sebree and Herman Haas of Laramie County ; William Herrick, J. N. Douglas and Louis Miller of Albany County ; James W. Menefee, Ben Sheeks and John Holbrook of Carter County ; S. M. Curran and J. M. Freeman of Carbon County ; J. C. Strong at large. Thirteen members. S. M. Curran, speaker.
The woman's suffrage bill was introduced November 27th, by W. H. Bright, president of the council, and was passed in that body and sent to the house November 30, 1869. The text of the bill, being Council Bill No. 70, was as follows :
"Every woman of the age of eighteen years residing in this territory, may, at every election cast her vote; and her right to the elective franchise and to hold office under the election laws of the territory shall be the same as those of electors."
Section 2 provided that "this act shall take effect from and after its passage."
PROCEEDINGS IN THE HOUSE
When the bill reached the house, November 30th, it was taken up and read the first time, and on motion of Ben Sheeks the rules were suspended and the bill read a second time and referred to a committee of the whole house and made a special order for 7 o'clock that evening. This action was rushing the measure beyond ordinary precedent. At the evening session, Mr. Douglas moved that the house reconsider its action on Council Bill No. 70, "an act granting the right of suffrage to the women of Wyoming Territory," made special order for this hour, and that it be referred to a special committee. This was carried and the speaker named Messrs. Douglas, Menefee and Abney as such special com- mittee. On December 4th this committee made the following report :
"Your special committee to whom was referred Council Bill No. 70, 'An act to give the women of Wyoming the right of suffrage,' have had the same under consideration and report it back to the house recommending its passage."
"J. W. DOUGLAS, Chairman."
This report having the unanimous support of the committee, it will be seen between the lines that all its supporters were in earnest in favoring the bill and they used the best parliamentary strategy in taking it safely through its different stages, and especially in having it referred to a favorable committee. When the report of the committee was taken up the same day, Mr. Sheeks moved to postpone the consideration of the bill indefinitely. This was lost, and on motion of Mr. Douglas the bill was made special order for 7 o'clock P. M. At the evening session, on motion of Mr. Strong. the house resolved itself into a committee of the whole for consideration of the bill. Mr. Douglas, a warm
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supporter of the bill, was called to the chair. After a free and lively discussion of the measure, the committee rose and made the following report :
"Mr. Speaker, the committee of the whole have had Council Bill No. 70, a bill for 'An act to Grant the Women of Wyoming the Right of Suffrage,' under consideration and report the same back to the house."
J. W. DOUGLAS, Chairman. Mr. Wilson moved that the report be received. Lost. Mr. Sheeks moved to adjourn. Lost.
Mr. Strong moved to reconsider the vote on the reception of the report of the committee of the whole on Council Bill No. 70. Lost.
Mr. Strong appealed from the decision of the chair. Appeal not sustained.
The house then proceeded to consider other business and left the committee's report hanging in mid-air. It was neither accepted nor rejected -- a peculiar par- liamentary situation.
THE RACY DEBATE
The bill next came before the house on December 6th, when the final struggle for its passage was made. The speaker called Mr. Sebree to the chair. On motion of Mr. Strong a call of the house was had and absentees sent for. They were all brought in but two, Freeman and Haas. Sheeks moved to take a recess. Lost. From this time on, all kinds of dilatory, obstructive and ridiculous motions were made by the opposition and were promptly voted down. Curran moved, that consideration of the bill be postponed until July 4, 1870. Lost. Sheeks moved to postpone action on the bill until Saturday next. (That time was after the Legislature had adjourned.) Lost. Curran moved to insert in section 2, the words, "Three years or sooner discharged." Lost. Sheeks offered an amendment to insert the words, "all colored women and squaws" in section 2. On motion of Miller, Sheeks' amendment was laid on the table. Mr. Strong offered an amendment to strike out the word "women" and insert in lieu thereof the word "Ladies." This was laid on the table. On motion of Mr. Sheeks the word "eighteen" was stricken out and the words "twenty-one" inserted instead. On motion of Mr. Nelson the rules were suspended, the bill read a third time by title and put upon its passage. A vote was then taken on the bill which passed as follows :
Ayes-Messrs. Abney, Douglas, Herrick, Miller, Menefee, Sebree and Wilson -7.
Nays-Messrs. Holbrook, Sheeks, Strong and Speaker Curran-4.
In order to clinch the passage of the bill and prevent any further filibustering. Mr. Wilson moved a reconsideration of the action taken. This being lost, pre- vented any other member from making such a motion.
THE BILL IN THE COUNCIL
Judging from the Journal very little debate occurred on the suffrage bill in the Council. The measure had a majority from the first and at no time did the opposi- tion develop any fighting propensity or attempt parliamentary obstructions. The fact that William H. Bright, President of the Council, introduced the measure
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may account in part for the courtesy with which its opponents treated it, at dif- ferent stages of the proceedings, from its introduction to its final passage ..
Mr. Bright gave notice on November 12, 1869, that he would "introduce a bill for 'Woman's Rights' on Monday, or some subsequent day." The bill however, did not appear until November 27th at the opening of the morning session when Mr. Bright is recorded as introducing a bill, "For an Act giving to the Women of Wyoming the Right of Suffrage."
It was then read for the first and second time and referred to the Committee of the Whole. During the forenoon of that day the committee held a session and reported the bill back to the Council with the recommendation that it be passed. It was filed on the calendar as Bill No. 70, and three days later, on November 30th, it was read the third time and put upon its final passage, and was passed by the following vote :
Yeas-Brady, Laycock, Murrin, Poole, Wilson and Mr. President-6.
Nays-Rockwell and Whitehead-2.
Absent-I.
AMENDED IN THE HOUSE
The bill was then sent to the House. On the morning session of December 6, 1869, the Council was notified by a message from the chief clerk of the House, that the House had passed Council Bill No. 70, "An Act to Grant to the Women of Wyoming Territory the Right of Suffrage" with the following amendment : section I, second line. Strike out the word 'Eighteen' and insert the words 'Twenty-one.' The amendment was agreed to by the Council by a vote of six to three.
Thus the bill had a serene and uneventful journey through the Council. Its passage was the result of the serious, intelligent judgment of that body and the record shows there were no factions or trifling parliamentary tactics used to op- pose it.
APPROVED BY THE GOVERNOR
On December 10th, one day before the adjournment of the Legislature the fol- lowing message was received by the Council.
"Executive Department, W. T .. "Cheyenne, December 10, 1869.
"To the Honorable President of the Council,
"I have the honor to inform the Council that I have approved "An act to grant to the Women of Wyoming Territory the right of Suffrage and to hold office."
"Very respectfully "Your obedient servant,
"J. A. CAMPBELL, "Governor."
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LEADER COMMENT
On the day following the original passage of the act in 1869 the Cheyenne Leader commented editorially as follows :
"Governor Campbell yesterday approved the Female Suffrage Bill, thus making it a law of the territory. We now expect at once quite an immigration of ladies to Wyoming. We say to them, Come on! There is room for a great many here yet. When Wyoming gets tired of such additions we'll agree to let the outside world know the fact. Won't the irrepressible Anna D. (Dickinson) come out here and make her home? We'll even give her more than the right to vote- she can run for Congress."
ATTEMPT TO REPEAL
The legislative history of this act would not be complete without noting the fact that an attempt was made to repeal the law at the next session of the Legis- lature, two years later, when curiously enough the alignment of the two parties was reversed on the proposition. It was originally passed by a legislature unani- mously democratic. In the session of 1871, the bill to repeal the act was supported by democrats and opposed by republicans. It was passed by both houses and sent to the governor who vetoed it in a cogent and lengthy message, in which he argued that a repeal would advertise to the world that the women of Wyoming in their use of the franchise had not justified its passage. This, he declared was an entirely false imputation. He said the argument that, the ability to perform military service was essential, could not be sustained, as a large part of male voters were exempt from such service: that the law already passed permitting women to acquire and possess property and be taxed, should give her a voice in the public management of her property ; that she should have a voice in the man- agement of our public schools where her children were educated; that the act was in harmony with the legislation already passed, in relation to the property rights of women and the law against any discrimination in pay of teachers on ac- count of sex.
SURPRISED THE COUNTRY
Outside of Cheyenne, throughout the territory there seems to have been no agitation and not much discussion in regard to equal suffrage, and there was little, if any, expectation that such a measure would be passed by the Legislature. It has been said "It is the unexpected that happens," and it so proved in this far-reaching act which blazed the way for the woman suffrage campaigns that were waged in every state for the next half a century.
The passage of the act, however, created a decided sensation throughout the United States, and brought out all kinds of comments "from grave to gay and from lively to severe." The old states were astonished that the newest and smallest territorial sovereignty should have the boldness and audacity to break down the walls of exclusiveness and conventionalism and march forth into the open of freedom and equal rights. It was hailed with delight by true reformers and thoughtful progressives in the different political parties.
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In other countries this legislation did not seem so revolutionary or radical, for women have enjoyed partial suffrage in many lands. In Canada they may vote for municipal officers and they have that privilege in other colonies of Great Britain. In France women teachers may vote for members of the boards of education. In Russia, women who are heads of households may vote by proxy at village and municipal elections. In Sweden they have municipal suffrage. In some states women property holders may vote on questions pertaining to assessments of taxes.
THE ADVANCING WAVE
The Wyoming idea, put into practical operation in 1869, is now, like an advanc- ing wave submerging the governments of the world. When states like New York adopt woman suffrage, the nationalization of the reform will soon be inevitable. England will no doubt soon reward the splendid work and noble sacrifices of her women in the present world war, by investing them with full suffrage rights. When we look back to the act of Wyoming's pioneers, we think, "How far yon little candle throws its beams."
WYOMING'S EXPERIMENT
The writer was a visitor at his old, colonial home in Massachusetts in 1915 when the question of woman suffrage was at issue. Being requested to present Wyoming's view and experiences, he said in part :
"There is an old saying, 'Proof of the pudding is in the eating.' Wyoming has had woman suffrage for nearly half a century. Surely that is long enough time to test its practical results, as to the individual citizen, the family, the home and public affairs. Our experience therefore is more important than any hypothetical argu- ments or conjectures that the opponents of equal suffrage may present.
"A recent canvass of press opinions throughout the country made by the Literary Digest, shows that every one of the twenty-six editors queried in Wyo- ming, declared in favor of full female suffrage. It must certainly be admitted that this is an expression of intelligent men versed in public affairs and governmental policies, and we may add, in the consensus of public opinion, the masses of the people of Wyoming are practically unanimous on this subject.
"If it be said that Wyoming is a wild west state of cowboys, sheep herders and range riders, I answer that the census will show we stand in the front rank of states in general education, and we are among the few states of the Union that have an intelligence qualification in granting suffrage. Under our constitution every voter must be able to read the state constitution in English, consequently we can have no illiterate vote.
"Wyoming is also at the front in humane legislation. Kind treatment to animals is required to be taught in the public schools. Our code of humane laws is far in advance of the old states in their scope and efficiency, as our Humane Bureau is a state institution, maintained by the state appropriation and its work is supported by the legal authorities of every town and county.
"As a descendant of one of the oldest Colonial families of New England I wish you to note this fact, our 'wild west' is really the product of the East-Wyoming
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is more American than Massachusetts, Cheyenne is more American than Ames- bury. Our state is largely made up of people from the Eastern and Southern states. Very few were born here. We have been translated from the narrow confines of New England to a region of grand possibilities-to the vast plains and lofty mountains, the brilliant sunshine and exhilarating ozone of a new land. We are empire builders, both men and women, and without boasting, I may say we have a broader vision and more progressive ideas than those people of Massachusetts who still persist in traveling in the old ruts.
"We are in the general uplift, socially, physically and governmentally. It is the destiny of the new states to work out the newest problems of a progressive cvilization, and we have already solved the problem of equal suffrage, in a most quiet and effective manner, and we know it to be not only a privilege, but a right for our women to participate in our government, and so far its effect has been only beneficial in every way, morally, socially and politically. Going to the polls once a year does not make a woman less motherly, less gentle or less refined. In all the state of Wyoming we have not heard of a single home being broken up by women voting, or a single divorce being caused by a difference of political opinions. There have been no revolutionary, startling or spectacular effects from woman's voting, such as have been conjured up in the wild and excited imaginations of its opponents."
THE FIRST WOMAN JURY
The act granting suffrage to women also included the right to hold office. In the month of March, 1870, somebody in Laramie, a frontier town, fifty miles west of Cheyenne, on the Union Pacific Railroad, suggested the idea that women should serve as jurors. Laramie had a population then of about 2,000, made up largely of adventurers, camp followers, and with what is termed the "tough" element in practical control. The better class of settlers who came there to stay and grow up with the country, found it difficult to maintain law and order. The courts were not effective, juries could not or dared not convict the worst offenders. It was reasoned that if women were put on the juries it could not be any worse and might result in improving conditions. The whole arrangement seems to have been agreed to by court officials of the first court convening soon after the passage of the act, the term commencing in March, 1870.
The names of the jurors at that time were not drawn, but were selected by court officers and personally summoned by the sheriff. Both the grand and petit juries of that court contained the names of women.
WOMEN ON THE GRAND JURY
The grand jury was first called with the names of the following women : Miss Elisa Stewart, school teacher ; Mrs. Amelia Hatcher, a widow; Mrs. G. F. Hilton, wife of a physician ; Mrs. Mary Mackell, wife of a clerk at Fort Sanders ; Mrs. Agnes Baker, wife of a merchant ; Mrs. Sarah W. Pease, wife of the deputy clerk of court. Dr. Grace Raymond Hebard in her admirable story of the "First Woman Jury" appearing in the Journal of American History in 1913. says :
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