The American History Tellers podcast delves into a pivotal era in the women's suffrage movement. It explores the "New Departure" strategy, which argued that existing amendments granted women the right to vote without needing a new amendment. The episode recounts Susan B. Anthony's arrest for illegally voting in 1872 under this theory.
Attendees also learn about the suffragists' tactics, including acts of civil disobedience like women deliberately attempting to vote. The summary also examines the fierce opposition from the liquor industry, including fraudulent voting practices and lobbying to overturn laws granting women's suffrage.
Sign up for Shortform to access the whole episode summary along with additional materials like counterarguments and context.
In the late 19th century, the "New Departure" strategy emerged, advocating that the 14th Amendment's definition of citizenship implicitly granted women voting rights, without needing a new amendment. Victoria Woodhull first articulated this view in 1871, later adopted by the National Woman Suffrage Association. Virginia Minor sued after being denied voter registration, invoking the 14th Amendment, though the Supreme Court rejected this argument in Minor v. Happersett.
Susan B. Anthony voted illegally in 1872, inspired by the "New Departure" theory. At her trial, Anthony argued using the 14th Amendment's protection of citizens' rights, but the judge directed a guilty verdict over her objections. Despite being fined, Anthony refused payment, seeking jailtime to appeal to the Supreme Court, though the judge avoided imprisoning her to prevent this.
Suffragists employed civil disobedience tactics like unlawful voting attempts. In 1872, over 150 women, including Sojourner Truth and Susan B. Anthony, tried to vote. Property-owning women protested "taxation without representation" by refusing to pay taxes, resulting in incidents like cows being auctioned.
The movement also leveraged grassroots efforts through public speaking tours by figures like Anthony. They collaborated with groups like the Women's Christian Temperance Union to raise awareness locally.
The liquor industry strongly opposed women's suffrage, fearing women voters would support prohibition. In elections, they resorted to distributing illegal ballots omitting suffrage questions and recruiting out-of-state voters.
After Washington Territory granted women's suffrage in 1883, the liquor lobby filed a legal case, overturning this milestone law by 1887 on a technicality. On the federal level, anti-suffrage forces in Congress defeated an amendment Susan B. Anthony had introduced to prevent voter disenfranchisement based on sex.
1-Page Summary
The "New Departure" legal strategy, advocating that women did not need a new constitutional amendment to vote, emerged as a radical approach in pursuing women's suffrage in the late 19th century.
Victoria Woodhull first articulated the "New Departure" in 1871, arguing before a U.S. House committee that the Fourteenth Amendment implicitly granted women voting rights, due to its definition of citizens without specifying gender. Despite Congress rejecting Woodhull's appeal, the National Woman Suffrage Association adopted this into their official strategy. Virginia Minor subsequently attempted to register to vote in St. Louis, invoking the Fourteenth Amendment. When denied, her husband sued on her behalf; the case "Minor v. Happersett" reached the Supreme Court. Ultimately, the court ruled that suffrage was not one of the citizenship rights protected by the Fourteenth Amendment, leaving it to states to determine voting rights.
Susan B. Anthony, inspired by the "New Departure" strategy, famously registered and voted in 1872 and faced legal consequences for her actions. Using her trial as a platform, she argued her case using the Declaration of Independence, the Constitution, and Section 1 of the Fourteenth Amendment. She emphasized that the Fourteenth Amendment's protection of citizens' rights included women's right to vote. Despite her conviction and the presiding federal judge Ward Hunt directing a guilty verdict without allowing her to testify, Anthony refused to pay the imposed fine, hoping to be jailed to appeal her case to the Supreme Court, though the judge foresaw this and thus did ...
Legal Arguments and Court Cases on Women's Suffrage, Featuring "New Departure" Strategy
Women in the Suffrage Movement utilized various strategies, including civil disobedience and grassroots organizing, to advance their cause towards gaining the right to vote.
Suffragists’ civil disobedience took on many forms, like unlawfully attempting to vote, and, in the case of property-owning women, refusing to pay taxes.
On Election Day in November 1872, over 150 women across America, including notable figures like Sojourner Truth and Susan B. Anthony, went to the polls to cast their votes despite not legally being allowed to do so. Although most were turned away, Susan B. Anthony managed to vote for President Ulysses S. Grant after convincing officials to let her register, citing the "new departure" argument and the Fourteenth Amendment as her rationale.
The refusal to pay taxes was a pointed strategy employed by suffragists to protest against their disenfranchisement. The Smith sisters from Glastonbury, Connecticut, followed this approach and publicly declared their tax refusal at a town meeting, which resulted in their cows being auctioned off. Susan B. Anthony further encouraged women to join the tax refusal movement, although the impact was minimal due to few women owning taxable properties at the time. This tactic was symbolically linked to the American Revolution, especially underscored by events like the women’s tea party at Boston’s Faneuil Hall with the slogan "Taxation without representation is tyranny."
In addition to civil disobedience, the Suffrage Movement was characterized by intensive grassroots efforts and public speaking to spread their message.
Susan B. Anthony was a significant voice for suffrage and was known for her lecture circuit promoting the cause. Her lectures likely included details on the "new departure" strategy popularized by Victoria Woodhull. This argume ...
Suffrage Movement Strategies: Civil Disobedience, Grassroots Organizing
The liquor industry emerged as a formidable foe of the suffrage movement, fearing women voters would advocate for prohibition.
As elections and referendums on women's suffrage arose, opposition from the liquor industry intensified. In Bellevue, Nebraska, during the 1882 election day, a suffrage worker discovered that the suffrage referendum question was absent from the ballot. Upon confronting the bartender who was the polling official, she learned that the Brewers Association had provided specially crafted ballots without the suffrage question. This illegal act of distributing tampered ballots and threats to the bartender’s business demonstrates the industry's actions to deter the suffrage movement. In the same referendum in Nebraska, the beer industry was accused of election fraud by omitting the suffrage question on the ballots, miscounting votes, and stuffing ballot boxes, resulting in the suffrage question winning only one-third of the vote.
In Oregon, during the 1884 suffrage referendum, the liquor industry actively campaigned against suffrage advocate Abigail Scott Dunaway, despite her criticism of prohibition. They employed tactics such as sending men from the Washington Territory to vote in Oregon against the suffrage referendum.
In a major setback, the Washington Territory had granted women suffrage in 1883, but by 1887, liquor industry interests had managed to reverse this milestone. They filed a legal case, and the territorial Supreme Court rescinde ...
Suffrage Movement Opposition From Liquor Industry
Download the Shortform Chrome extension for your browser