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port a government which recognizes her only when her

property can be made profitable to it.

He has monopolized nearly all the profitable employ-

ments, and from those she is permitted to follow, she

receives but a scanty remuneration. He closes against her

all the avenues to wealth and distinction which he consid-

ers most honorable to himself. As a teacher of theology,

medicine, or law, she is not known.

He has denied her the facilities for obtaining a thor-

ough education, all colleges being closed against her.

He allows her in Church, as well as State, but a subor-

dinate position, claiming Apostolic authority for her exclu-

sion from the ministry, and, with some exceptions, from

any public participation in the affairs of the Church.

He has created a false public sentiment by giving to

the world a different code of morals for men and women,

by which moral delinquencies which exclude women from

society, are not only tolerated, but deemed of little account

in man.

He has usurped the prerogative of Jehovah himself,

claiming it as his right to assign for her a sphere of action,

when that belongs to her conscience and to her God.

He has endeavored, in every way that he could, to

destroy her confidence in her own powers, to lessen her

self-respect and to make her willing to lead a dependent

and abject life.

Now, in view of this entire disfranchisement of one-

half the people of this country, their social and religious

degradation—in view of the unjust laws above mentioned,

and because women do feel themselves aggrieved,

oppressed, and fraudulently deprived of their most sacred

rights, we insist that they have immediate admission to all

the rights and privileges which belong to them as citizens

of the United States.

In entering upon the great work before us, we antici-

pate no small amount of misconception, misrepresenta-

tion, and ridicule; but we shall use every instrumentality

within our power to effect our object. We shall employ

agents, circulate tracts, petition the State and National

legislatures, and endeavor to enlist the pulpit and the

press in our behalf. We hope this Convention will be fol-

lowed by a series of Conventions embracing every part of

the country.

2. Resolutions

Whereas, The great precept of nature is conceded to be,

that “man shall pursue his own true and substantial happi-

ness.” Blackstone in his Commentaries remarks, that this

law of Nature being coeval with mankind, and dictated by

God himself, is of course superior in obligation to any

other. It is binding over all the globe, in all countries and

at all times; no human laws are of any validity if contrary to

this, and such of them as are valid, derive all their force,

and all their validity, and all their authority, mediately and

immediately, from this original; therefore,

Resolved, That all laws which prevent woman from

occupying such a station in society as her conscience shall

dictate, or which place her in a position inferior to that of

man, are contrary to the great precept of nature, and

therefore of no force or authority.

Resolved, That woman is man’s equal—was intended

to be so by the Creator, and the highest good of the race

demands that she should be recognized as such.

Resolved, That the women of this country ought to be

enlightened in regard to the laws under which they live,

that they may no longer publish their degradation by

declaring themselves satisfied with their present position,

nor their ignorance, by asserting that they have all the

rights they want.

Resolved, That inasmuch as man, while claiming for

himself intellectual superiority, does accord to woman

moral superiority, it is pre-eminently his duty to encourage

her to speak and teach, as she has an opportunity, in all

religious assemblies.

Resolved, That the same amount of virtue, delicacy,

and refinement of behavior that is required of woman in

the social state, should also be required of man, and the

same transgressions should be visited with equal severity

on both man and woman.

Resolved, That the objection of indelicacy and impro-

priety, which is so often brought against woman when she

addresses a public audience, comes with a very ill-grace

from those who encourage, by their attendance, her

appearance on the stage, in the concert, or in feats of the

circus.

Resolved, That woman has too long rested satisfied in

the circumscribed limits which corrupt customs and a per-

verted application of the Scriptures have marked out for

her, and that it is time she should move in the enlarged

sphere which her great Creator has assigned her.

Resolved, That it is the duty of the women of this

country to secure to themselves their sacred right to the

elective franchise.

Resolved, That the equality of human rights results

necessarily from the fact of the identity of the race in capa-

bilities and responsibilities.

Resolved, That the speedy success of our cause

depends upon the zealous and untiring efforts of both men

and women, for the overthrow of the monopoly of the

pulpit, and for the securing to women an equal partici-

pation with men in the various trades, professions, and

commerce.

Resolved, therefore, That, being invested by the cre-

ator with the same capabilities, and the same conscious-

ness of responsibility for their exercise, it is demonstrably

the right and duty of woman, equally with man, to promote

702 ERA 4: Expansion and Reform

every righteous cause by every righteous means; and es-

pecially in regard to the great subjects of morals and reli-

gion, it is self-evidently her right to participate with her

brother in teaching them, both in private and

in public, by writing and by speaking, by any instrumental-

ities proper to be used, and in any assemblies proper

to be held; and this being a self-evident truth growing

out of the divinely implanted principles of human nature,

any custom or authority adverse to it, whether modern or

wearing the hoary sanction of antiquity, is to be regarded

as a self-evident falsehood, and at war with mankind.

Source:

Henry Steele Commager, ed. Documents of American History.

New York: F.S. Crofts & Co., 1934.

New York Married Women’s

Property Acts, 1848, 1860

Two landmark pieces of legislation passed in New York State

that extended women’s rights. The law of 1848, passed on

April 7, allowed for the protection of property owned by a

woman when she married. She was, however, still barred

from inheriting her husband’s property. Following the Seneca

Falls Declaration of 1848, the embryonic women’s move-

ment began to grow. In 1854 Elizabeth Cady Stanton ad-

dressed the New York legislature, calling for a further

expansion of the property laws. On March 20, 1860, New

York passed a law giving women the right to their wages and

to the custody of their children. Those rights were repealed,

however, in 1862.

________________________

_______________________

New York Married Women’s Property Act (1848)

An Act

For the more effectual Protection of the Property of Mar-

ried Women.

Passed April 7, 1848.

The People of the State of New-York, represented in Senate

and Assembly do enact as follows:

Sec. 1. The real and personal property of any female

who may hereafter marry, and which she shall own at the

time of marriage, and the rents 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 sepa-

rate property, as if she were a single female.

Sec. 2. The real and personal property, and the rents

issues and profits thereof of any female now married shall

not be subject to the disposal of her husband; but shall be

her sole and separate property as if she were a single

female except so far as the same may be liable for the debts

of her husband heretofore contracted.

Sec. 3. It shall be lawful for any married female to

receive, by gift, grant devise or bequest, from any person

other than her husband and hold to her sole and separate

use, as if she were a single female, real and personal prop-

erty, 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.

Sec. 4. All contracts made between persons in con-

templation of marriage shall remain in full force after such

marriage takes place.

New York Married Women’s Property Act (1860)

An Act

Concerning the rights and liabilities of husband and wife.

Passed March 20, 1860.

The People of the State of New York, represented in Senate

and Assembly, do enact as follows:

Section 1. The property, both real and personal, which

any married woman now owns, as her sole and separate

property; that which comes to her by decent, devise,

bequest, gift or grant; that which she acquires by her trade,

business, labor or services, carried on or performed on her

sole or separate account; that which a woman married in

this state owns at the time of her marriage, and the rents,

issues and proceeds of all such property, shall, notwith-

standing her marriage, be and remain her sole and sepa-

rate property, and may be used, collected and invested by

her in her own name, and shall not be subject to the inter-

ference or control of her husband, or liable for his debts,

except such debts as may have been contracted for the

support of herself or her children, by her as his agent.

Section 2. 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, business, labor or ser-

vices, shall be her sole and separate property, and may be

used or invested by her in her own name.

Section 3. Any married woman possessed of real estate

as her separate property, may bargain, sell and convey such

property, and enter into any contract in reference to the

same, but no such conveyance or contract shall be valid

without the assent, in writing, of her husband, except as

hereinafter provided.

Section 4. In case any married woman possessed of sep-

arate real property, as aforesaid, may desire to sell or convey

the same, or to make any contract in relation thereto, and

shall be unable to procure the assent of her husband, as in

the preceding section provided, in consequence of his

refusal, absence, insanity, or other disability, such married

The Slavery Debate and the Rights of Women 703

woman may apply to the county court in the county where

she shall at the time reside, for leave to make such sale, con-

veyance or contract, without the assent of her husband.

Section 5. Such application may be made by petition,

verified by her, and setting forth the grounds of such appli-

cation. If the husband be a resident of the county, and not

under disability, from insanity or other cause, a copy of said

petition shall be served upon him, with a notice of the time

when the same will be presented to the said court, at least

ten days before such application. In all other cases the

county court to which such application shall be made,

shall, in its discretion, determine whether any notice shall

be given, and if any, the mode and manner of giving it.

Section 6. If it shall satisfactorily appear to such court,

upon such application, that the husband of such applicant

has willfully abandoned his said wife, and lives separate

and apart from her, or that he is insane, or imprisoned as a

convict in any state prison, or that he is an habitual drunk-

ard, or that he is in any way disabled from making a con-

tract, or that he refuses to give his consent, without good

cause therefor, then such court shall cause an order to be

entered upon its records, authorizing such married woman

to sell and convey her real estate, or contract in regard

thereto without the assent of her husband, with the same

effect as though such conveyance or contract had been

made with his assent.

Section 7. Any married woman may, while married,

sue and be sued in all matters having relation to her prop-

erty, which may be her sole and separate property, or

which may hereafter come to her by descent, devise,

bequest, or the gift of any person except her husband, in

the same manner as if she were sole. 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 of

any such action, or recovered upon a judgment, shall be

her sole and separate property.

Section 8. No bargain or contract made by any mar-

ried woman, in respect to her sole and separate property,

or any property which may hereafter come to her by

descent, devise, bequest or gift of any person except her

husband, and no bargain or contract entered into by any

married woman in or about the carrying on of any trade or

business under the statutes of this state, shall be binding

upon her husband, or render him or his property in any

way liable therefor.

Section 9. Every married woman is hereby constituted

and declared to be the joint guardian of her children, with

her husband, with equal powers, rights and duties in

regard to them, with the husband.

Section 10. At the decease of husband or wife, leaving

no minor child or children, the survivor shall hold, possess

and enjoy a life estate in one-third of all the real estate of

which the husband or wife died seized.

Section 11. At the decease of the husband or wife

intestate, leaving minor child or children, the survivor shall

hold, possess and enjoy all the real estate of which the hus-

band or wife died seized, and all the rents, issues and prof-

its thereof during the minority of the youngest child, and

one-third thereof during his or her natural life.

Source:

New York Statutes at Large, 71st Sess., 1848, pp. 307–308; New

York Statutes at Large, 83rd Sess., Ch. 90, 1860, pp.

157–159.

Sojourner Truth, “A’n’t I a Woman?”, 1851

Surprise speech given by freed slave Sojourner Truth in 1850

at the second American Women’s Rights Convention in Akron,

Ohio. Both men and women attended this conference, includ-

ing women’s rights activists Maria Giddings, Emily Robbinson,

and Frances D. Gage (whose comments are included in the

excerpt below). Speeches were given on the rights of women

under the law, and 15 resolutions were eventually adopted.

Truth came up to the stand after several clergymen in atten-

dance, who were strongly opposed to women’s rights, began

to stage attacks against the resolutions already accepted. Some

of these arguments claimed “superior rights and privileges for

man,” on the grounds of “superior intellect” and “the man-

hood of Christ.” Truth gave a poised and eloquent speech,

swaying the majority of the crowd to her favor. During the

speech, she even showed her muscles from the work she

endured as a slave and made a strong argument against each

rebuttal she received from the audience.

________________________

_______________________

“Wall, chilern, whar dar is so much racket dar must be

somethin’ out o’ kilter. I tink dat ’twixt de niggers of de

Souf and de womin at de Nork, all talkin’ ’bout rights, de

white men will be in a fix pretty soon. But what’s all dis

here talkin’ ’bout?”

“Dat man ober dar say dat womin needs to be helped

into carrieges, and lifted ober ditches, and to hab de best

place everywhar. Nobody eber helps me into carriages, or

ober mud-puddles, or gibs me any best place!” And rais-

ing herself to her full height, and her voice to a pitch like

rolling thunders, she asked “And a’n’t I a woman? Look at

me! Look at me! Look at my arm!” and she bared her right

arm to the shoulder, showing her tremendous muscular

power. “I have ploughed, and planted, and gathered into

barns, and no man could head me! And a’n’t I a woman? I

could work as much and eat as much as a man—when I

could get it—and bear de lash a well! And a’n’t I a

704 ERA 4: Expansion and Reform

woman? I have borne thirteen chilern, and seen’em mos’

all sold off to slavery, and when I cried out with my

mother’s grief, none but Jesus heard me! And a’n’t I a

woman?”

“Den dey talks ’bout dis ting in de head; what dis dey

call it?” “Intellect,” whispered some one near. “Dat’s it,

honey. What’s dat got to do wid womin’s rights or nigger’s

rights? If my cup won’t hold but a pint, and yourn holds a

quart, wouldn’t ye be mean not to let me have my little

half-measure full?” And she pointed her significant finger,

and sent a keen glance at the minister who had made the

argument. The cheering was long and loud.

“Den dat little man in black dar, he say women can’t

have as much rights as men, ’cause Christ wan’t a woman!

Whar did your Christ come from?” Rolling thunder

couldn’t have stilled that crowd, as did those deep, won-

derful tones, as she stood there with outstretched arms and

eyes of fire. Raising her voice still louder, she repeated,

“Whar did your Christ come from? From God and a

woman! Man had nothin’ to do wid Him.” Oh, what a

rebuke that was to that little man.

Turning again to another objector, she took up the

defense of Mother Eve. I can not follow her through it all.

It was pointed, and witty, and solemn; eliciting at almost

every sentence deafening applause; and she ended by

asserting: “If de fust woman God ever made was strong

enough to turn de world upside down all alone, dese

women togedder (and she glanced her eye over the plat-

form) ought to be able to turn it back, and get it right side

up again! And now dey is asking to do it, de men better

let’em.” Long-continued cheering greeted this. “Bleeged

to ye for hearin’ on me, and now old Sojourner han’t got

nothin’ more to say.”

Source:

James Andrews and David Zarefsky, eds. American Voices: Sig-

nificant Speeches in American History, 1640–1945. New

York: Longman, 1989.

Trial of Mrs. Douglass for Teaching

Black Children to Read, 1853

The institution of slavery was supported by a series of slave

codes enacted throughout the southern states. In Virginia,

whites were forbidden from teaching any “Negro” to read.

On May 9, 1853, Mrs. Douglass, a Norfolk Sunday School

teacher, was arrested for violating the state statute regarding

teaching black children to read. Douglass defended herself at

the trial. She told the jury that she was not an abolitionist but

“deemed it the duty of every southerner . . . to instruct his

slaves, that they may know their duties to their masters, and to

their common God.” Critical of the treatment of slaves, she

asked the court, “Shall we treat our Slaves with less compas-

sion than we do the cattle in our fields?” Douglass concluded

that she was not a convicted felon, but “a single sufferer under

the operation of one of the most inhuman and unjust laws that

ever disgraced the statute book of a civilized community.” The

court found Douglass guilty, and she received a one-month

jail sentence.

________________________

_______________________

The Defense

Mrs. Douglass. I wish, before examining my witnesses, to

make a statement to the Court in reference to my daugh-

ter’s absence. I beg leave to inform your honor, and you,

gentlemen of the jury, that my daughter, whose name is

joined with mine in this prosecution, is at present in the

city of New York, and was there at the time the summons

was issued and served upon me: but, if she were in Nor-

folk at this time, I do not know that you have any business

whatever with her. She is under age, and has been

brought up in strict obedience to me in all things. I am

alone responsible for any act of hers, as well as for my

own. I am here to answer to any charge that may be

brought against me. I have been notified to present

myself this day before this court to answer to the charge

of having been engaged in teaching colored children to

read and to write, and I am informed that in so doing I

have been acting against the peace and dignity of the

Commonwealth. This charge, gentlemen, I do not like,

but we shall see who it is that destroys our peace and

insults our dignity.

Walter Taylor (sworn.) Mrs. Douglass. Were you a

teacher in the Christ Church Sunday school? A. For the

white children I was, and the school was held in the

church. Q. Did you never visit the lecture room? A. I had

nothing to do with the school that was kept there? Q. Did

you never distribute books to the negro children of that

school? A. I attended the library of the school for white

children. Q. Did you not instruct colored children to read

from those books? A. I did not.

John Williams. Am a lawyer and clerk of the Circuit

Court. Myself and daughter teach in the Christ Church

Sunday school. We do not teach the negro children to

read.

William Sharp (sworn.) Mrs. Douglass. Were you a

teacher in the school for colored children, held in Christ’s

Church lecture room? A. No, madam. Q. Did you not

attend the Sabbath school held there for the instruction of

negro children? A. I went there, occasionally, and lectured

to them. Q. Did you not distribute books among them? A.

The ladies had all to do with that! Q. When you visited that

school, did you not instruct them yourself? A. I did not

teach them to read and write, I do not know that the law

prohibits religious and moral instructions to negroes.

The Slavery Debate and the Rights of Women 705

Mrs. Douglass. If you, sir, who are engaged in the

practice of the law, did not know it, how could it be

expected that I should?

Mr. Sharp. I ask the Court to allow me to explain. Cer-

tain negroes appeared to Rev. Mr. Cummings, the Pastor

of Christ’s Church, for religious instruction and were

allowed by him to meet for that purpose in the lecture

room of the church. I occasionally visit the school and lec-

ture to them. I found that some of them could read very

well, but that when they came to the hard words, I allow

them to skip over them.

Mrs. Douglass. Gentlemen of the Jury: I now deem it

right and proper that you should know something of Mrs.

Douglass, who stands before you charged with violating

your laws. I do not plead guilty to this charge, for, in my

opinion, to be a violator of any law or laws, the individual

must know that they are such, which I did not, and had

abundant precedents among those who should have

known it, if they were such, for what I did. I am a South-

ern woman by birth, education and feeling. I have been a

slaveholder myself, and I would be again, if I felt so dis-

posed. I am a native of and have always resided in a South-

ern slave state. The home of my childhood is as dear to me

as my life, and I am as deeply interested in the welfare of

Virginia, and of the whole united Southern slave states, as

I am in the State of South Carolina; yes, and a great deal

more so than very many who call themselves men. I am no

abolitionist, neither am I a fanatic, and I am by education

as strongly opposed as you are to the interference of

Northern anti-slavery men with our institutions, although

I believe that their principles are based on a religious foun-

dation. I deem it the duty of every Southerner, morally and

religiously, to instruct his slaves, that they may know their

duties to their masters, and to their common God. Let the

masters first do their duty to them, for they are still our

slaves and servants, whether bond or free, and can be

nothing else in our community. Let us not quarrel with our

neighbors, but rather look around us and see what we have

ourselves to do that we have left undone so long. I am a

strong advocate for the religious and moral instruction of

the whole human family. I have always instructed my own

slaves, and will continue to do so as long as I remain in a

slave state. Still, I am not disposed to violate the laws of

any people or place where I may chance to reside. I can-

not believe for a moment that this prosecution is a mere

matter of dollars and cents, or that there is not one truly

good and noble hearted man among you. Oh no; this I can-

not and will not believe. Then let it be the welfare of your

people and your country that you seek, and I am with you,

heart and soul. This is a matter that calls for the consider-

ation of every true and noble heart—the common welfare

of our people. So far as my knowledge of human nature

extends, the man who is born a coward, nursed in the lap

of ignorance, and brought up a coward, naturally dies a

coward. The application of this I leave to yourselves.

The children whom I had for instruction were mem-

bers of Christ’s Church Sunday school. My own little ser-

vant was handed a primer by one of the teachers of that

school, with the instruction that he must study his book,

and attend the Sunday school. He was made ready by

myself of daughter, and sent every afternoon with his book,

to that school. This was done for two years before I inter-

ested myself in these children in the form of a regular day-

school. I believe it is not expected that ladies will come to

the court house to learn the laws, rules, and regulations of

a city in which they may happen to reside. In my opinion,

whatever the religious portion of the community is

engaged in doing, whether in city, town, or country, is gen-

erally considered as lawful and proper. We took care of

those children, visited them when sick, and ministered to

their wants, and it was a pleasure for us to do so. Was there

anything wrong in this?

Let us look into the situation of our colored popula-

tion in the city of Norfolk, for they are not dumb brutes. If

they were, they would be more carefully considered, and

their welfare better provided for. For instance, two or

three of these people are not allowed to assemble together

by themselves, whether in sickness or in health. There is

no provision made for them, whatever the circumstances

may be, and such meetings are pronounced unlawful and

treasonable. Think you, gentlemen, that there is not mis-

ery and distress among these people? Yes, indeed, misery

enough, and frequently starvation. Even those that are

called free are heavily taxed, and their privileges greatly

limited; and when they are sick, or in want, on whom does

the duty devolve to seek them out and administer to their

necessities? Does it fall upon you, gentlemen? Oh no, it is

not expected that gentlemen will take the trouble to seek

out a negro hut for the purpose of alleviating the

wretchedness he may find within it. Why then persecute

your benevolent ladies for doing that which you yourselves

have so long neglected? Shall we treat our slaves with less

compassion than we do the cattle in our fields?

In my opinion, we have nothing to fear from the true

blooded negro. It is the half-breed, or those with more or

less white blood in their veins, whom I have always found

presumptive, treacherous and revengeful. And do you

blame them for this? How can you? Ask yourselves the

cause. Ask how that white blood got beneath those tawny

skins, and let nature herself account for the exhibition of

these instincts. Blame the authors of this devilish mischief,

but not the innocent victims of it.

As for myself, I shall keep on with my good work; not,

however, by continuing to violate what I now know to be

your laws, but by endeavoring to teach the colored race

humility and a prayerful spirit; how to bear their sufferings

706 ERA 4: Expansion and Reform

as our Savior bore his for us all. I will teach them their duty

to their superiors, how to live, and how to die. And now, if

ignorance of your peculiar laws is not a sufficient excuse

for my violation of the letter of them, surely my good

intentions, and the abundant examples set before me by

your most worthy and pious citizens, ought to convince you

that I was actuated by no improper motives, and had no

ulterior designs against the peace and dignity of your Com-

monwealth. But, if otherwise, there are your laws: enforce

them to the letter. You may send me, if you so decide, to

that cold and gloomy prison. I can be as happy there as I

am in my quiet little home; and, in the pursuit of knowl-

edge, and with the resources of a well-stored mind, I shall

be, gentlemen, a sufficient companion for myself. Of one

consolation you cannot deprive me: I go not as a convicted

felon, for I have violated no tittle of any one of the laws

that are embodied in the Divine Decalogue; I shall be only

a single sufferer under the operation of one of the most

inhuman and unjust laws that ever disgraced the statute

book of a civilized community.

Source:

John Lawson, ed. American State Trials. Vol. 7. Buffalo, N.Y.:

W.S. Hein, 2000, pp. 45–60.

Religion and Education 707

Religion and Education

Chief Sagoyewatha, “On the White Man’s

and Red Man’s Religion,” 1805

Speech given by the Seneca chief known as Sagoyewatha (Red

Jacket) in the summer of 1805. The speech was given at a

council of chiefs of the Iroquois Confederacy, in response to

an American missionary’s attempt to convert the Native Amer-

icans to the “white man’s religion.” Sagoyewatha explained

that the Native Americans’ trust in whites had already eroded

because the colonists took away their land and introduced

them to strong liquor. He begged the missionary to give them

the freedom to practice their own religion and challenged him

to convert them through example, rather than just faith.

________________________

_______________________

Friend and Brother:—It was the will of the Great Spirit

that we should meet together this day. He orders all things

and has given us a fine day for our council. He has taken

His garment from before the sun and caused it to shine

with brightness upon us. Our eyes are opened that we see

clearly; our ears are unstopped that we have been able to

hear distinctly the words you have spoken. For all these

favors we thank the Great Spirit, and Him only.

Brother, this council fire was kindled by you, It was at

your request that we came together at this time. We have

listened with attention to what you have said. You

requested us to speak our minds freely. This gives us great

joy; for we now consider that we stand upright before you

and can speak what we think. All have heard your voice

and all speak to you now as one man. Our minds are

agreed.

Brother, you say you want an answer to your talk

before you leave this place. It is right you should have one,

as you are a great distance from home and we do not wish

to detain you. But first we will look back a little and tell you

what our fathers have told us and what we have heard from

the white people.

Brother, listen to what we say. There was a time when

our forefathers owned this great island. Their seats

extended from the rising to the setting sun. The Great

Spirit had made it for the use of Indians. He had created

the buffalo, the deer, and other animals for food. He had

made the bear and the beaver. Their skins served us for

clothing. He had scattered them over the country and

taught us how to produce corn for bread. All this He had

done for His red children because He loved them. If we

had some disputes about our hunting-ground they were

generally settled without the shedding of much blood.

But an evil day came upon us. Your forefathers

crossed the great water and landed on this island. Their

numbers were small. They found friends and not enemies.

They told us they had fled from their own country for fear

of wicked men and had come here to enjoy their religion.

They asked us for a small seat. We took pity on them,

granted their request, and they sat down among us. We

gave them corn and meat; they gave us poison in return.

The white people, brother, had now found our coun-

try. Tidings were carried back and more came among us.

Yet we did not fear them. We took them to be friends.

They called us brothers. We believed them and gave them

a larger seat. At length their numbers had greatly

increased. They wanted more land; they wanted our coun-

try. Our eyes were opened and our minds became uneasy.

Wars took place. Indians were hired to fight against Indi-

ans, and many of our people were destroyed. They also

brought strong liquor among us. It was strong and power-

ful, and has slain thousands.

Brother, our seats were once large and yours were

small. You have now become a great people, and we have

scarcely a place left to spread our blankets. You have got

our country, but are not satisfied; you want to force your

religion upon us.

Brother, continue to listen. You say that you are sent

to instruct us how to worship the Great Spirit agreeably to

His mind; and, if we do not take hold of the religion which

you white people teach we shall be unhappy hereafter. You

say that you are right and we are lost. How do you know

this to be true? We understand that your religion is written

in a Book. If it was intended for us, as well as you, why has

not the Great Spirit given to us, and not only to us, but why

did He not give to our forefathers the knowledge of that

Book, with the means of understanding it rightly. We only

know what you tell us about it. How shall we know when

to believe, being so often deceived by the white people?

Brother, you say there is but one way to worship and

serve the Great Spirit. If there is but one religion, why do

you white people differ so much about it? Why not all

agreed, as you can all read the Book?

Brother, we do not understand these things. We are

told that your religion was given to your forefathers and

has been handed down from father to son. We also have a

religion which was given to our forefathers and has been

handed down to us, their children. We worship in that way.

It teaches us to be thankful for all the favors we receive, to

love each other, and to be united. We never quarrel about

religion.

Brother, the Great Spirit has made us all, but He has

made a great difference between His white and His red

children. He has given us different complexions and dif-

ferent customs. To you He has given the arts. To these He

has not opened our eyes. We know these things to be true.

Since He has made so great a difference between us in

other things, why may we not conclude that He has given

us a different religion according to our understanding?

The Great Spirit does right. He knows what is best for His

children; we are satisfied.

Brother, we do not wish to destroy your religion or

take it from you. We only want to enjoy our own.

Brother, you say you have not come to get our land or

our money, but to enlighten our minds. I will now tell you

that I have been at your meetings and saw you collect

money from the meeting. I can not tell what this money

was intended for, but suppose that it was for your minister;

and, if we should conform to your way of thinking, perhaps

you may want some from us.

Brother, we are told that you have been preaching to

the white people in this place. These people are our neigh-

bors. We are acquainted with them. We will wait a little

while and see what effect your preaching has upon them.

If we find it does them good, make them honest, and less

disposed to cheat Indians, we will then consider again of

what you have said.

Brother, you have now heard our answer to your talk,

and this is all we have to say at present. As we are going to

part, we will come and take you by the hand, and hope the

Great Spirit will protect you on your journey and return

you safe to your friends.

Source:

James Andrews and David Zarefsky, eds. American Voices: Sig-

nificant Speeches in American History, 1640–1945. New

York: Longman, 1989.

Massachusetts High School Law, 1827

Legislation passed by the Massachusetts legislature in 1827.

This law provided the mandatory establishment of high

schools throughout the state and was the first such statute

enacted in the United States. Although the 1827 law was edu-

cationally progressive, Boston maintained by law a segregated

school system. (Massachusetts had long outlawed slavery.) It

was upheld in

Roberts v City of Boston

). It never got beyond

the Massachusetts Supreme Judicial Court and was cited in the

1896

Plessy v. Ferguson

“separate but equal” decision. How-

ever, in 1855, Massachusetts became the first state to abolish

segregated education.

________________________

_______________________

An Act

To provide for the Instruction of Youth.

Sec. 1. Be it enacted by the Senate and House of Rep-

resentatives in General Court assembled, and by the

authority of the same, That each town or district within

this Commonwealth, containing fifty families, or house

holders, shall be provided with a teacher or teachers, of

good morals, to instruct children in orthography, reading,

writing, English grammar, geography, arithmetic, and good

behaviour, for such term of time as shall be equivalent to

six months for one school in each year: and every town or

district, containing one hundred families or house holders,

shall be provided with such teacher or teachers, for such

term of time as shall be equivalent to twelve months, for

708 ERA 4: Expansion and Reform

one school in each year: and every town or district, con-

taining one hundred and fifty families or house holders,

shall be provided with such teacher or teachers, as shall be

equivalent to eighteen months, for one school in each year.

And every city, town, or district, containing five hundred

families, or house holders, shall be provided with such

teacher or teachers, for such term of time as shall be equiv-

alent to twenty-four months, for one school in a year, and

shall also be provided with a master of good morals, com-

petent to instruct, in addition to the branches of learning

aforesaid, the history of the United States, book-keeping

by single entry, geometry, surveying, and algebra; and shall

employ such master to instruct a school, in such city, town,

or district, for the benefit of all the inhabitants thereof, at

least ten months in each year, exclusive of vacations, in

such convenient place, or alternately at such places in such

city, town, or district, as the said inhabitants, at their meet-

ing in March, or April, annually, shall determine; and in

every city, or town, containing four thousand inhabitants,

such master shall be competent to instruct, in addition to

all the foregoing branches, the Latin and Greek languages,

history, rhetoric, and logic.

Sec. 2. Be it further enacted, That the several towns

and districts in this Commonwealth, be, and they hereby

are authorized and empowered, in town meetings to be

called for that purpose, to determine and define the limits

of school districts, within their towns and districts, respec-

tively: Provided, that nothing contained in this act, shall be

so construed, as to prevent any town from carrying into

effect the provisions of this act, in their corporate capacity,

and not in school districts, if said town shall so determine.

Sec. 3. Be it further enacted, That it shall be, and it

hereby is, made the duty of the President, Professors, and

Tutors, of the University and Cambridge, and of the sev-

eral Colleges in this Commonwealth, Preceptors and

Teachers of Academies, and all other Instructors of Youth,

to take diligent care, and to exert their best endeavours to

impress on the minds of children, and youth, committed to

their care and instruction, the principles of piety, justice,

and sacred regard to truth, love to their country, humanity,

and universal benevolence, sobriety, industry, and frugal-

ity, chastity, moderation, and temperance, and those other

virtues, which are the ornament of human society, and the

basis upon which the Republicans Constitution is founded.

And it shall be the duty of such Instructors, to endeavor to

lead those under their care, as their ages and capacities will

admit, into a particular understanding of the tendency of

the above mentioned virtues, to preserve and perfect a

Republican Constitution, and to secure the blessings of

Liberty, as well as to promote their future happiness, and

the tendency of the opposite vices to slavery and ruin. And

it shall be the duty of the resident Ministers of the Gospel,

the Selectmen, and School Committees, in the several

towns in this Commonwealth, to exercise their influence,

and use their best endeavours, that the youth of their

respective towns, and districts, do regularly attend the

Schools established and supported as aforesaid for their

instruction.

Sec. 4. Be it further enacted, That the several towns in

this Commonwealth are hereby authorized, empowered

and directed, at their annual meetings for the choice of

town officers, or at any regular meeting called for that pur-

pose, to vote and raise such sums of money for the support

of the schools as aforesaid, as they shall judge necessary for

that purpose, which sums, so voted to be raised, shall be

assessed and collected in like manner as other town taxes

are by law assessed and collected.

Sec. 5. Be it further enacted, That each town in this

Commonwealth shall, at the annual meeting thereof, for

the choice of town officers, choose by written or printed

ballots a School Committee, consisting of three, five, or

seven persons, who shall have the general charge and

superintendence of all the public schools in said town,

which are supported at the expense thereof: Provided, that

any town, containing four thousand inhabitants, and

upwards, may choose an additional number, not exceeding

five; and it shall be the duty of said committee to require

full and satisfactory evidence of the good moral character

of all instructors, who may be employed in the several

schools in said town, and to satisfy themselves, by personal

examination or otherwise, of their literary qualifications

and capacity for the government of schools; and no

instructor shall be entitled to receive any compensation for

his or her service in the instruction of any of the schools

aforesaid, without first obtaining from said committee a

certificate of his or her qualifications as aforesaid; and it

shall furthermore be the duty of said committee to deter-

mine the number and qualifications of the scholars, to be

admitted into the school kept for the use of the whole town

as aforesaid; to visit such school, at least quarter yearly, for

the purpose of making a careful examination thereof, and

of seeing that the scholars are properly supplied with

books; and they shall, at such examination, enquire into

the regulation and discipline of such schools, and the

habits and proficiency of the scholars therein; and said

committee, or some one or more of them, shall visit each

of the district schools in said town, for the purposes afore-

said, on some day during the first or second week of the

commencement thereof, and also on some day during the

two last weeks of the same; and also all the schools kept by

said town, once a month for the purpose aforementioned,

without giving previous notice thereof to the instructors.

Sec. 6. Be it further enacted, That each town in this

Commonwealth, which is or may be divided into school

districts, at their annual meeting aforesaid, shall, in addi-

tion to the committee aforesaid, choose a committee for

Religion and Education 709

each school district in said town, consisting of one person,

who shall be a resident in the district for which he shall be

chosen and be called the prudential committee thereof,

whose duty it shall be to keep the school house of such dis-

trict in good order, at the expense of such district; and in

case there be no school house, to provide a suitable place

for the school of the district, at the expense thereof; to pro-

vide fuel, and all things necessary for the comfort of the

scholars therein; to select and contract with a school

teacher for his own district, and to give such information

and assistance to the said school committee, as may be

necessary to aid them in the discharge of the duties

required of them by this act: Provided, That in any town in

the Commonwealth, which shall so determine, the mem-

bers of said prudential committee may be chosen in the

several school districts to which they respectively belong,

in such manner as said district may decide.

Sec. 7. Be it further enacted, That the school commit-

tee of each town, shall direct and determine the class

books to be used in the respective classes, in all the several

schools kept by said town; and the scholars sent to such

schools shall be supplied by their parents, masters or

guardians, with the books prescribed for their classes; and

the school committee of each town shall procure, at the

expense of the town, and to be paid for out of the town

treasury, a sufficient supply of such class books for all the

schools aforesaid, and give notice of the place or places,

where such books may be obtained; and such books shall

be supplied to such scholars at such prices as merely to

reimburse to the town the expense of the same; and in case

any scholars shall not have been furnished by their parent,

master or guardian, with the requisite books, all such

scholars shall be supplied therewith by the school commit-

tee, at the expense of the town; and the school committee

shall give notice, in writing, to the assessors of the town, of

the names of the scholars so supplied by them with books,

of the books so furnished, the prices of the same, and the

names of the parents, masters or guardian, who ought to

have supplied the same; and said assessors shall add the

amount of the books, so supplied, to the next annual tax of

the parents, masters or guardians, who ought to have sup-

plied the same; and the amount so added shall be levied,

collected, and paid into the town treasury, in the same

manner as the public taxes: Provided, however, that in case

such assessors shall be of opinion, that any of such parents,

masters or guardians are not able, and cannot afford to pay

the whole expense of the books so supplied on their

account respectively, such parents, masters or guardians,

shall be exonerated from the payment of the whole or part

of such expense, and the said assessors shall omit to add

the amount of such books, or shall add only a part thereof

to the annual tax of such parent, master or guardian,

according to the proportion of such expense, which such

parent, master or guardian shall in their opinion be able

and can afford to pay: Provided, nevertheless, that in cases

where children are already supplied with books, which

shall not be considered by the committee as being

extremely faulty, in comparison with others, which might

be obtained and which may be possessed in such numbers

as to admit of the proper and convenient classification of

the school, then, and in that case, the committee shall not

direct the purchase of new books, without first obtaining

the consent of the parents, masters or guardians of a

majority of the children, so already provided for, under the

term of two years from the passing of this act, unless such

books become so worn, as to be unfit for use: Provided,

also, that said committee shall never direct any school

books to be purchased or used, in any of the schools under

their superintendence, which are calculated to favour any

particular religious sect or tenet,

Sec. 8. Be it further enacted, That the school commit-

tee, in the City of Boston, and in the several towns in this

Commonwealth, be, and they hereby are required to make

and return a report to the Secretary of the Common-

wealth, on or before the first Monday of June, in the year

of our Lord one thousand eight hundred and twenty-eight,

and on the first Monday of June of every year thereafter,

the amount of money paid by such city or town during the

year ending on the first day of May preceding the time of

making said report, for the instruction of the schools kept

by said city or town; the number of school districts into

which said city or towns is divided; the aggregate number

of months, that the several schools were kept by such city

or town in said year, and what portion thereof was kept by

male, and what by female teachers; the whole number of

pupils, who have attended any of the schools kept by such

city or town during said year; the number of academies

and private schools; the number of pupils in the academies

and private schools, who have not attended any school kept

by such city or town during said year; the estimated

amount of the compensation paid to the instructors of

academies and private schools during said year; and

whether there are any, and what number of persons, over

fourteen and under twenty-one years of age, who are

unable to read and write.

Sec. 9. Be it further enacted, That it shall be the duty

of the Secretary of the Commonwealth, in the year of our

Lord one thousand eight hundred and twenty-eight, and

every year thereafter, to furnish to each city and town a

blank form of return, in manner following, viz:—

Sec. 10. Be it further enacted, That the inhabitants of

the several school districts, within any town, which hath

already, or which shall hereafter define the limits of such

districts, qualified to vote in town affairs, be, and they

hereby are empowered, at any meeting called in the man-

ner hereinafter provided, to raise money for erecting or

710 ERA 4: Expansion and Reform

repairing a school house in their respective districts, or to

purchase, or hire, any house or building, to be used as a

school house, and also to purchase land for a school house

to stand upon, and for the accommodation of the same: to

determine in what part of said district such school house

shall stand; to choose a committee to superintended the

building, repairing, or purchasing of such school house; to

choose a clerk, who shall be sworn faithfully to discharge

the duties of his office, and whose duty it shall be make a

fair record of all votes passed at any meeting of said dis-

trict, and to certify the same when required, and shall hold

such office until another person shall be chosen and sworn

in his room; also to raise money at any such meeting, to

procure necessary utensils for their respective school

houses, to be certified as aforesaid, and assessed in manner

as is hereinafter provided: Provided however, that any

town may carry into effect the provisions of this section, in

their corporate capacity, and at the expense of the town,

and may at any legal meeting raise and assess taxes, and

adopt all necessary and proper measures for providing

school houses and sites thereof, for the several school dis-

tricts in such town.

Sec. 11. Be it further enacted, That for the purposes

aforesaid, every person shall be taxed in the district in

which he lives for all the estate he holds in the town, being

under his own actual improvement, and all other of his real

estate, in the same town, shall be taxed in the district in

which it is included; and lands where the owner thereof

lives without the town, shall be taxed in such district as the

assessors, having regard to the local situation thereof, shall

appoint; and it shall be the duty of the assessors, before

they assess a tax for any district, to determine in which dis-

trict such lands respectively shall be taxed, and to certify in

writing their determination to the clerk of the town, who

shall record the same; and such land, while owned by any

person residing without the limits of the town, shall be

taxed in such districts, until the town shall be districted

anew: Provided, however, that all the lands within any

town owned by the same person not living therein, shall be

taxed in one and the same district; and the assessors shall

assess, in the same manner as town taxes are assessed, on

the polls and estates of the inhabitants comprising any

school districts defined as aforesaid, and on lands in said

town belonging to persons living out of the same, which

the assessors shall have directed to be taxed in such dis-

trict, all monies voted to be raised by the inhabitants of

such district for the purposes aforesaid, in thirty days after

the clerk of the district shall certify to said assessors the

sum voted by the district to be raised as aforesaid; and it

shall be the duty of said assessors to make a warrant in due

form of law, directed to one of the collectors of the town to

which such district belongs, requiring and empowering

said collector to levy and collect the tax so assessed, and to

pay the same within a time to be limited in said warrant, to

the treasurer of the town, to whom a certificate of the

assessment shall be made by the assessors; and the money

so collected and paid, shall be at the disposal of the com-

mittee of the district, to be by them applied to the build-

ing or repairing of a school house, or to the purchase of a

house or building, to be used as a school house, or to the

purchase of land for the site of a school house, as herein

provided for, in the district to which such committee shall

belong; and such collector, in collecting such tax, shall have

the same powers, and be holden to proceed in the same

manner, as is by law provided in collecting town taxes.

Sec. 12. Be it further enacted, That the treasurer of

any town, to whom a certificate of the assessment of a dis-

trict tax shall be transmitted as aforesaid, shall have the

same authority to enforce the collection and payment of

the money so assessed and certified, as if the same had

been voted to be raised by the town, for the town’s use; and

the treasurer and collector shall be paid the same commis-

sions on the money collected and paid for the use of a

school district aforesaid; and the assessors for assessing

said tax shall be allowed by the district the same sum for

each and every day while employed in assessing the same,

as is allowed and paid by the town for similar purposes.

Sec. 13. Be it further enacted, That the assessors of the

several towns and districts in this Commonwealth, be, and

they are hereby vested with the same powers to remit sums

of money assessed on the inhabitants of every school dis-

trict, for the purpose of purchasing, building, hiring,

repairing, or furnishing school houses, as they have to

remit any sums of money assessed on the inhabitants of

any town or district, for defraying town or district

expenses.

Sec. 14. Be it further enacted, That it shall be the duty

of the selectmen of the several towns, divided into school

districts as aforesaid, upon application made to them in

writing by three or more freeholders resident within any

school district in their respective towns, “or if there be not

so many freeholders resident in such district, then any

three of the inhabitants thereof, who pay taxes,” to issue

their warrant directed to one of the persons making such

application, requiring him to warn the inhabitants of such

district qualified to vote in town affairs, to meet at such

time and place in the same district, as the selectmen shall

in their warrant appoint; and the warning aforesaid shall be

by notifying personally every person in the district, quali-

fied to vote in town affairs, or by leaving at his last and

usual place of abode a written or printed notification,

expressing therein, the time, place, and purpose of the

meeting, seven days at least, before the time appointed for

holding the same: Provided, however, that any school dis-

trict, at any regular meeting thereof, warned as aforesaid,

having an article in the warrant of the selectmen, for that

Religion and Education 711