The Erosion of Our Incongruity
"Thus far, all human governments have been failures, for none have secured, except in a partial degree, the ends for which governments are instituted"
Citizens of the United States have struggled with issues of equality under law since the founding of the nation. Thomas Jefferson laid down undeniably self-evident truths in the Declaration of Independence. Years later, the Constitutional Convention brought delegates from the states together. By exercising diligent consideration of widely varying points of view and participating in functional deliberation with one another, the state delegates crafted a Constitution which created the foundation of "...not a perfect union, but a more perfect union." The Constitution established the principles of justice; however the social, economic and political attitudes that prevailed at the convention, have persisted in our culture through successive generations, resulting in arbitrary, unconstitutional law that has unfairly affected many generations of "...portion(s) of the family of man."(Elizabeth Cady Stanton)
"The God who gave us life, gave us liberty at the same time;
the hand of force may destroy, but cannot disjoin them."(Thomas Jefferson)
Before Thomas Jefferson wrote the Declaration of Independence, he wrote "A Summary View of the Rights of British America", a fully developed instruction considerably longer than the Declaration, wherein Jefferson addressed the colonists' complaints against the King of Great Britain. Jefferson requested that the Virginia delegates to the Continental Congress assist him in persuading the Congress to communicate the summary to the king. Jefferson's work in the Summary presages the Declaration of Independence; he maintains the truth that one's existence as a free person takes precedence over Government. Jefferson expressed his fear the colonists' existence was in danger of becoming as one of a colony of slaves to a foreign, far removed tyrant; accordantly, he expressed the colonies' desire to abolish slavery and the African slave trade that had been in place since the earliest days of British colonization in America. Later, when Jefferson presents his arguments to Great Britain in the Declaration of Independence, he maintains the belief that the primary responsibility of a justified government is "to secure these rights" (Jefferson), the self-evident truths; however, there is no mention of slavery, neither civil nor African.
"Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the National character than to say nothing about it in the Constitution."(James Madison)
The Constitution of 1789 did not explicitly exclude any people from its protections. Many delegates to the Constitutional Convention of 1787 opposed slavery; however, prevailing arguments based on beliefs not in the heart of liberty resulted in compromises. The fiery hot rhetoric of liberty used by patriots to rally the colonists to preserve their liberties through action against the King gave way to the rhetoric employed by the delegates who sought to preserve the rights of states that would continue ignoble efforts to deprive people of liberty. The dichotomy between the delegates on both sides of the dispute resulted in a Constitution that did not expressly mention, permit nor prohibit slavery, but used carefully chosen, ambiguous language to permit a continued slave trade in "imported" persons. In their pursuit of a more perfect union, the delegates presented to the states for ratification, a Constitution with a defect that was a herald to the fracturing of the nation. There would be a better time to press for the liberty of millions of "imported persons".
"We hold these truths to be self-evident: that all men and women are created equal;"
Before the war that tested the nation that had been conceived in and dedicated to the proposition expressed by Jefferson, Elizabeth Cady Stanton was compelled to seek recognition for women as equal to men under law. To understand Stanton's motivation and her focus on women's issues, it is necessary to provide details of relevant events from her life so that we may view her actions through a perspective.
Her parents were Daniel and Margaret Cady and Elizabeth was born on November 12, 1815 in Johnstown, New York. Her father was a wealthy landowner, politician and lawyer, and had served as a circuit court judge before serving as associate justice of the New York Supreme Court for the Fourth District. Between 1804 and 1827, Mrs. Cady gave birth to eleven children, five boys and six girls; sadly, four of the boys died in childhood and one died at the age of twenty a month after graduating from college. Her husband's lifelong effort to build an estate of inheritance had been in vain; the common law in effect at this time in New York prohibited Daniel's daughters from legally inheriting or owning property.
Her father's reaction to the death of his oldest son had a profound effect on Elizabeth. While Elizabeth's father held her in his lap while sitting at the side of her brother's casket, Daniel said, "Oh, my daughter, I wish you were a boy!" Elizabeth replied, "I will try to be all my brother was."(Elisabeth Griffith)
The adults in Elizabeth's life were initially supportive of her serious commitment to become "manly", or as Elizabeth understood manliness, she became committed to becoming "learned and courageous." Following the example of her mother, she became an athletic equestrienne. She studied Greek and read the law books in her father's legal library. She developed keen analytical skills when the law clerks from her brother-in-law's legal firm challenged her to argument. She witnessed first-hand her father, powerless to help women visiting his law office seeking remedy to the unfairness of law as it affected women.
The interests Elizabeth pursued, the skills she developed, and the awards and honors she held were not those conventionally held by women of the time. Initially, her father approved of and encouraged her activities, but as she grew older, her father grew embarrassed by her continued pursuit of the unwomanly interests; his approval and encouragement faded to the point where he forbid her from attending college. Later, she told Susan B. Anthony, "To think that all in me of which my father would have felt a proper pride had I been a man is deeply mortifying to him because I am a woman."
When Elizabeth married Henry B. Stanton in 1840, she requested removal of the phrase "promise to obey" from her wedding vows. Henry and Elizabeth disagreed on the issue of women's suffrage, however, they did agree to a certain degree, on the issue of the abolition of slavery. In 1840, the two traveled to London, with the intention of attending the World Anti-Slavery Convention. Elizabeth and six other female abolitionists successfully gained access in spite of the fact there had been announcements that women would not to be admitted. However, they were not allowed to make any address.
Elizabeth's involvement in the work toward women's equality continued and in 1848 she helped organize the Seneca Falls Convention. With the advice of many of the women in attendance, the substantive legal references provided through the help of her husband and the encouragement of fellow abolitionist Frederick Douglass, she created a "Declaration of Sentiments and Resolutions". She used many of the compelling phrases and mimicked the style and cadence found in Jefferson's declaration to present an argument wherein she outlined a "...history of repeated injuries and usurpations on the part of man toward woman..." among them, "He has never permitted her to exercise her inalienable right to the elective franchise." Other women in attendance, and Stanton's husband (who was not one of the thirty-two men who signed the declaration), thought the call to extend voting rights to women would distract from the Declaration's effectiveness. They were of the opinion that there would be a better time to press for the most effective power to influence their equality under law. Douglass signed the declaration and supported the call for the right of women to vote in his address to the convention; "The demand of the hour is not argument, but assertion, firm and inflexible assertion, assertion which has more than the force of an argument. If there is any argument to be made, it must be made by opponents, not by the friends of woman suffrage. Let those who want argument examine the ground upon which they base their claim to the right to vote. They will find that there is not one reason, not one consideration, which they can urge in support of man's claim to vote, which does not equally support the right of woman to vote.
"Frankly, I have yet to engage in a direct-action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation." (Martin Luther King, Jr.)
The Reverend Dr. Martin Luther King Jr., was arrested and jailed along with hundreds of other civil rights protesters while in Birmingham, Alabama in April 1963. While jailed, King wrote the "Letter from Birmingham Jail", a philosophical, theological and logical response to what was, in King's estimation, an irrational plea from eight prominent white clergymen. Those clergymen had urged the Negro community of Birmingham to withdraw their support for King's protest method of direct action, suggesting the situation in Birmingham was a local problem providing an opportunity for a local solution by working through local courts or with local political leaders.
Dr. King's letter described the hardships endured by Negros in the Southland. Intransigent Southern political leaders, determined to maintain the existing social order, ignored most of the Negro citizen's attempts at meaningful dialogue. Some white business leaders in Birmingham had at one time relented to demands for the desegregation of their businesses, removing signs that read "White" or "Colored"; eventually the signs returned. The bombings of many Negro homes and churches had gone unsolved.
Dr. King charged that it is every citizen's duty to oppose perpetual injustice. He described the philosophy behind a direct-action campaign as non-violent, but necessarily assertive, and designed to create social and economic pressure leading to conditions that would overwhelm the opponents of desegregation. The movement served to heighten public awareness and understanding of the forces that deprived Negro men, women and children of equal opportunity and treatment Although his opposition had labeled the campaign confrontational and extremist, King challenged the oppositions notion of extremism, reminding readers that people on both sides of the issue appealed to the same God. He points out the fallacy of the clergymen's assertion that the direct-action movement had to be condemned because it led to violence, asking whether their assertion may be similar to one that would have condemned "...Jesus because his unique God-consciousness and never-ceasing devotion to God's will precipitated the evil act of crucifixion?" He offered a particularly relevant quote from the English preacher John Bunyan, "I will stay in jail to the end of my days before I make a butchery of my conscience."
It seems behind Dr. King's politeness, and his use of "...patient and reasonable terms.", he was more than disappointed and frustrated; he was furious. He was driven by a seemingly limitless comprehension and belief in the philosophy, theology and logic he referred to in his letter. He artfully articulated his complete understanding of those studies as he highlighted the self-serving rationalization in his opponent's statements, and provides examples of their collective inability or appalling unwillingness to recognize and consistently apply any of those three studies in their work as advocates of God in their communities.
Dr. King's letter is timeless and strikes at the incongruities our nation has been burdened with since the Declaration of Independence. The delegates to the Constitutional Convention believed the time for slavery had not passed; some delegates at Seneca Falls believed the time for women's suffrage had not arrived. Dr. King recognized that it is not time that causes social change. Time simply passes; change comes through action taken by people.
On 19 July 2013, President Obama addressed the nation regarding the killing of Trayvon Martin. A verdict had been delivered and the president stepped forward to contextualize the experiences that may have affected ways people view that case. Near the conclusion of his remarks, the president commented, "Each successive generation seems to be making progress in changing attitudes when it comes to race." He concludes his remarks by saying, "But we should also have confidence that kids these days, I think, have more sense than we did back then, and certainly more than our parents did or our grandparents did; and that along this long, difficult journey, we're becoming a more perfect union -- not a perfect union, but a more perfect union."
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