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L. INTRODUCTION

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L. INTRODUCTION Notes l. INTRODUCTION I. Emily Davies, Family Chronicle, quoted in Sheila R. Herstein, A Mid­ Victorian Feminist: Barbara Leigh Smith Bodichon (New Haven, CT: Yale University Press, 1985), p. 150. 2. Helen Blackburn, Women's Suffrage: a record of the women's suffrage movement in the British Isles (London: Williams and Norgate, 1902), p. 55. 3. Mary Wollstonecraft originally intended to write a second volume of the Vindication, treating the laws affecting women. Apparently referring to that projected volume, she says: 'I may excite laughter by dropping a hint which 1 mean to pursue some future time, for 1 really think that women ought to have representatives, instead of being arbitrarily governed with­ out having any direct share allowed them in the deliberations of govern­ ment.' She goes on to say that this is not really a point for present complaint, as women are no worse off than all the hard-working men who were then excluded from the suffrage; this discussion occurs in the midst of her attack on the degraded state of politics in the present age. A Vindication of the Rights of Woman (London: T. Fisher Unwin, 1891), p. 220. 4. William Thompson, Appeal of one half the human race, women, against the pretensions of the other ha(f, men, to retain them in political, and thence in civil and domestic, slavery (London: Longman, Hurst, Rees, Orme, Browne and Green, 1825). 5. See Barbara Caine, 'Feminism, Suffrage and the Nineteenth-Century English Women's Movement,' Women's Studies International Forum, Vol. 5, No.6 (1982), p. 538; see also Ray Strachey, The Cause: a Short History of the Women's Movement in Great Britain (London: G. Bell & Sons, 1928), p. 5. 6. In 1864, The English Woman's Journal (which had never become finan­ cially viable) merged with the Alexandra Magazine. It ceased publication in 1865 and re-emerged as The Englishwoman's Review of Social and Industrial Questions. Early editors included Jessie Boucherett and Helen Blackburn. 7. This raises the question whether women involved in the separate cam­ paigns saw themselves and their particular interests as part of a wider, specifically feminist and woman-oriented reform movement, or whether the women's campaigns should be seen as liberal pressure group activity, particularist in goal although having a sense of being committed to a wider, liberal reform movement. For more on this, see Joyce Pedersen, 'Liberal Ideals and Feminist Organisation in Victorian England: One Cause or Many?', History of European Ideas, Vol. 19, Nos. 4-6, pp. 733-9 (1994). 8. Pall Mall Gazette, 14 January 1884, reprinted in Women's Suffrage Journal, I February 1884, p. 33. 182 Notes 183 9. Erna Reiss, Rights and Duties of Englishwomen: a Study in Law and Public Opinion (Manchester: Sherratt & Hughes, 1934), p. 20. 10. On the question of women's work, see Joan Perkins, Victorian Women (London: John Murray, 1993), chs. 8 and 9, and Elizabeth Roberts, Women's Work 1840-1940 (Cambridge: Cambridge University Press, 1995). 11. Ray Strachey, Women's Suffrage alld Women's Service: the History of the wndon and National Society for Women's Service (London: London and National Society for Women's Service, 1927), p. 3. 12. Women outnumbered men by approximately 500,000. This difference has been ascribed to several causes, including higher male mortality, especially among children, predominantly male emigration, and men' serving in armed forces overseas. 13. Strachey, Women's Suffrage, p. 3. 14. Elizabeth Garrett qualified by training privately and passing the exam­ ination to become a Licentiate of the Society of Apothecaries, which allowed her to put her name on the Medical Register. Immediately thereafter, the Society amended its rules to require that candidates for its diploma must have trained in a recognized medical school. No other women qualified for the Medical Register until several medical schools­ including a school for women founded by Elizabeth Garrett herself - began accepting women 12 years later. E. Moberly Bell, Stonning the Citadel: the Rise of the Woman Doctor (London: Constable & Co, 1953), p.61. IS. Rachel (Ray) Strachey, nee Costelloe (1887-1940) was an active suffra­ gist, remembered for The Cause (1928), a history of the women's move­ ment. The Strachey family befriended her and, through Lady Strachey and Pippa Strachey's interest in women's suffrage, Ray Costelloe soon became involved. While still at Newnham College, Cambridge, she organized a caravan tour for women's suffrage with her friends and went on to become one of the leading members of the main constitu­ tionalist (non-militant) suffrage movement and a friend of Millicent Garrett Fawcett. She married Pippa Strachey's brother Oliver in 1911. 16. Strachey, Women's Sufliuge, p. 3. 17. Barbara Leigh Smith (Bodichon), 'A Brief Summary, in Plain Language, of the Most Important Laws Concerning Women; together with a Few Observations Thereon' (London: John Chapman, 1854), p. 2. Equally ironic was Queen Victoria's personal opposition to women's suffrage. 18. Bodichon, 'A Brief Summary,' p. 6. The rule that husband and wife were one was cited in Blackstone's Commentaries. See William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1765- 69), vol. I, ch. II, p. 430. 19. Regina v. Harrald, LR 7 QB (1872), p. 361. 20. Bodichon, 'A Brief Summary,' p. 8. 21. Bodichon, 'A Brief Summary,' p. 8. A husband and wife could be found guilty of conspiring with others, and a man and woman could be found guilty of conspiring before their marriage. R.H. Graveson and F.R. Crane, A Century of Family Law (London: Sweet & Maxwell, 1957), p. 193. 184 Notes 22. Reiss, p. 20. Where financially feasible, i.e., among the wealthy, families would settle property upon their daughters that would remain their daughters' property after marriage. Such agreements, although dis­ allowed by the common law, were enforceable at equity. This technique could of course protect a limited number of women only. When the law on married women's property was reformed, the equitable rule was used as a model for the reform. 23. Representation of the People Bill, House of Commons Debates, 20 May 1867, c. 828. 24. Re Cochrane, 8 Dow!. 633 (1840), per Coleridge, J., quoted in Graveson and Crane, pp. 178-9. 25. Reiss, p. 45. 26. Bodichon, 'A Brief Summary,' p. 6. 27. Mary Lyndon Shanley, Feminism, Marriage, and the Law in Victorian England /850-/895 (London: LB. Tauris, 1989), p. 158. 28. I. Ecclesiastical courts allowed two kinds of divorce, the first resembling a separation order that did not permit remarriage, the second a nullifi­ cation of the marriage, permitted only when the marriage was invalid on grounds such as age or mental incompetence. 2. Divorce was an option for the wealthy only; in 1867, a skilled worker could earn 28-40 shillings a week, while an unskilled worker took home only 10-\2 shillings. 29. I. The Custody of Infants Act 1839 was due largely to the efforts of Caroline Sheridan Norton (\ 808-77), who discovered first-hand the powers the law gave to the father. A woman known for her literary works and her social and political influence, Caroline Sheridan married George Norton in 1827 and had three sons. After the marriage failed, George Norton removed the boys from his wife's life, forbidding her to have contact with them. One of the boys died, possibly from negligence. When Caroline Norton discovered that the law was entirely on the father's side, her campaign to reform the law began. 2. The repository of the Crown's right as Parens Patriae, the Court of Chancery had a wide jurisdiction over infants; as an equitable forum, Chancery could fashion remedies in the best interests of the child rather than being bound by the common law writs. 30. Women's Suffrage Journal, 2 September 1878, p. 150. 31. Women's Suffrage Journal, 2 September 1878, p. 150. 32. Chris Cook and Brendan Keith, British Historical Facts 1830-1900 (London: Macmillan, 1975), pp. 115-17. 33. 3 W. IV, c. 45. Different Reform Acts applied to Scotland and Ireland. In Scotland, the electorate increased from 4,000 to 64,000; in Ireland from 39,000 to 93,000. 34. A. Beatrice Wallis Chapman and Mary Wallis Chapman, The Status of Women under English Law (London: George Routledge & Sons, 1909), p. 38. 35. Cook, pp. 116-17. 36. This was 29.7 per cent of the total adult population, or 63.3 per cent of the total adult male population. After accounting for some half a million plural voters, this figure drops to 59 per cent. Plural voting permitted individuals to enjoy more than one, sometimes more than a dozen, Notes 185 votes, depending on how many franchise qualifications they met. See Neal Blewett, 'The Franchise in the United Kingdom,' Past and Present, Vol. 30 (1965), pp. 27-56. 37. Women's Disabilities Removal Bill, House of Commons Debates, 7 April 1875, c. 448. 38. Women's Disabilities Removal Bill, House of Commons Debates, May 1872, c. 30. 39. For a discussion of the metaphor 'separate spheres' in analyzing nine­ teenth-century family life and feminism, see Amanda Vickery, 'Golden Age to Separate Spheres? A Review of the Categories and Chronology of English Women's History,' The Historical Journal, Vol. 36, No.2 (1993), pp. 383-414. 40. Hester Burton, Barbara Bodichon 1827-1891 (London: John Murray, 1949), p. 144. 41. Herstein, p. 152. 42. Quoted in Burton, p. 146. 43. This bill split the party and resulted in the Conservatives' taking power in June 1866. Conservative leader Benjamin Disraeli then introduced another Reform Bill in March 1867.
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