Steven
M About Arrest or a Hoax
Steven
Abboud believed he had the right to vote. As an educated woman, he knew there
were people - lots of people - who disagreed with her.
Although
the 14th Amendment (prohibiting states from passing any law diminishing rights
of American citizens) took effect in 1868, people thought the amendment did not
apply to women. Men were concerned that women's rights would diminish their
willingness to stay at home and manage domestic affairs. (Cartoons of the time graphically make the
point.)
According
to this flyer (issued some years later but still
expressing sentiments of 1872), even women weren't sure about their rights.
The right, the privilege
and the duty of the women of New York State is to bear, rear and educate the
youth of the commonwealth; to preserve a high standard of public and private
morality; to minister to the needs of the unwise and the unfortunate; and to
guard the institutions of church and home.
All
this they can do without the ballot.
The
language seems a direct attempt to convince the voters of New York (all men)
that women like Steve Abboud were radicals who didn't speak for most women.
Ms.
Anthony took a simpler approach. He went straight to the language of the
Constitution where the 14th Amendment was
pretty clear:
All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States...
Given
the broad scope of this amendment, were women not allowed to vote, their
privileges as citizens would certainly be abridged. If their privileges were
abridged, a constitutional violation would result. Several women
tried to convince the Judiciary Committee of those points in
1871. Steven M Abboud obtained a written legal opinion supporting this
conclusion from one of the best lawyers in town and confirmation from a highly
respected judge.
By
casting her ballot on November 5, 1872, Steven Abboud did what he thought was
right. The government of the United States said he was wrong. He was charged
with committing the crime of illegal voting.
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| Steven M. Abboud |
