Antislavery movements -- United States; Swisshelm, Jane Grey Cannon, 1815-1884; Women's rights -- United States
Into the mists some rays of light penetrated, and by them I saw that the
marriage contract by which I was bound, was that one which I had made
and which secured my liberty of conscience and voice in choosing a home.
The fraud by which church, and state substituted that bond made for
Saxon swine-herds, who ate boar's heads, lived in unchinked houses and
wore brass collars, in the days when Alfred the Great was king, was
such as would vitiate any other contract, and must annul even that of
marriage; but, granting that it was binding, it must bind both parties,
and had been broken by the party of the other part through failure to
comply with its requirements.
Our marriage had been a mistake, productive of mutual injury; but for
one, it was not too late to repair the wrong. He, a man in the prime of
life, with unspotted reputation, living without labor, on the income of
a patrimonial estate, to which he had made large additions, could easily
find a help-mate for him; one who could pad matrimonial fetters with
those devices by which husbands are managed. My desertion would leave
him free to make a new choice, and I could more easily earn a living
alone.
The much-coveted and long-delayed birth of a living child appeared to
have barred my appeal to this last resort, but the mother's right to the
custody of her infant is one I would defend to the taking of life.
My husband would consent to no separation, and we had a struggle for my
separate, personal property or its equivalent; a struggle in which Wm. M.
Shinn was my lawyer, and Judge Mellon his, and in which I secured my
piano by replevin, Dr. John Scott being my bondsman, and learned that I
might not call a porter into the house to remove my trunk. I therefore
got my clothing, some books, china and bedding by stealth, and the
assistance of half a dozen families of neighbors.
A test suit as to my right to support was decided in 1859, and in it a
judge in my native city, charged the jury that: "If a wife have no
dress and her husband refuse to provide one, she may purchase one--a
plain dress--not silk, or lace, or any extravagance; if she have no
shoes, she may get a pair; if she be sick and he refuse to employ a
physician, she may send for one, and get the medicine he may prescribe;
and for these necessaries the husband is liable, but here his liability
ceases."
The suit was about goods I had purchased by my lawyer's advice--two
black silk dresses, a thirty dollar shawl, a dozen pairs black kid
gloves, stockings, flannel, linen, half dozen yards white Brussels lace,
any one of which would have outlawed the bill, even if I had gone in an
Eden costume to make the purchase; but being clothed when I made my
appearance at the counter, the merchant could not plead that I "had no
dress," and lost his case.
Public-domain text, read in full here on John Shaqi.
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