Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
Of married women he says: "The legal theory is, marriage makes
the husband and wife one person, and that person is the husband.
He the substantive, she the adjective. In a word, there is
scarcely a legal act of any description that she is competent to
perform. If she leaves him without cause, (legal) he may seize
and bring her back, for he has a right to her society, which he
may enforce, either against herself, or any other person. All her
personality in regard to property becomes the husband's by
marriage, unless the property has been specially secured to her.
If the property be not in his possession, he may take measures to
reduce it to possession. He can thus dispose of it in spite of
her. If debts were due to her, he may collect them. If he was
himself the debtor, the marriage cancels the debt. If she has
earned money during marriage, he may collect it. In regard to
realty (real estate) he controls the income, and without her
consent he can not encumber, or dispose of the property beyond
his own life." Women, married or single, have no political rights
whatever. While single, their legal rights are the same as those
of men; when married, their legal rights are chiefly suspended.
"The condition of the wife may be inferred from what has already
been said. She is almost at the mercy of her husband; she can
exercise no control over his property or her own. As a general
rule, she can make no contracts binding herself or him. Her
contracts are not merely voidable, but absolutely void. Nor can
she make herself liable for his contracts, torts, or crimes. Her
only separate liability is for her own crimes. Her only joint
liability, is for her own torts committed without his
participation, and for contracts for which the law authorizes her
to unite with him. She has no power over his person, and her only
claim upon his property is for a bare support. In no instance can
she sue or be sued alone in a civil action; and there are but few
cases in which she can be joined in a suit with him. In Ohio, but
hardly anywhere else, is she allowed to make a will, if haply she
has anything to dispose of."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account