Letters on the equality of the sexes, and the condition of womanGrimké, Sarah
Religion
Letters on the equality of the sexes, and the condition of woman
Grimké, Sarah
Women -- History; Women -- United States; Women's rights -- United States
‘By marriage, the husband and wife are one person in law; that is,
_the very being, or legal existence of the woman_ is suspended during
the marriage, or at least is incorporated and consolidated into that
of the husband under whose wing, protection and cover she performs
everything.’ ‘For this reason, a man cannot grant anything to his
wife, or enter into covenant with her; for the grant would be to
suppose her separate existence, and to covenant with her would be to
covenant with himself; and therefore it is also generally true, that
all compacts made between husband and wife when single, are voided by
the intermarriage. A woman indeed may be attorney for her husband; but
that implies no separation from, but is rather a representation of,
her love.’
Here now, the very being of a woman, like that of a slave, is absorbed
in her master. All contracts made with her, like those made with slaves
by their owners, are a mere nullity. Our kind defenders have legislated
away almost all our legal rights, and in the true spirit of such
injustice and oppression, have kept us in ignorance of those very laws
by which we are governed. They have persuaded us, that we have no right
to investigate the laws, and that, if we did, we could not comprehend
them; they alone are capable of understanding the mysteries of
Blackstone, &c. But they are not backward to make us feel the practical
operation of their power over our actions.
‘The husband is bound to provide his wife with necessaries by law, as
much as himself; and if she contracts debts for them, he is obliged
to pay for them; but for anything besides necessaries, he is not
chargeable.’
Yet a man may spend the property he has acquired by marriage at the
ale-house, the gambling table, or in any other way that he pleases.
Many instances of this kind have come to my knowledge; and women, who
have brought their husbands handsome fortunes, have been left, in
consequence of the wasteful and dissolute habits of their husbands,
in straitened circumstances, and compelled to toil for the support of
their families.
‘If the wife be indebted before marriage, the husband is bound
afterwards to pay the debt; for he has adopted her and her
circumstances together.’
The wife’s property is, I believe, equally liable for her husband’s
debts contracted before marriage.
‘If the wife be injured in her person or property, she can bring no
action for redress without her husband’s concurrence, and his name as
well as her own: neither can she be sued, without making her husband a
defendant.’
This law that ‘a wife can bring no action,’ &c., is similar to the law
respecting slaves, ‘A slave cannot bring a suit against his master, or
any other person, for an injury--his master, must bring it.’ So if any
damages are recovered for an injury committed on a wife, the husband
pockets it; in the case of the slave, the master does the same.
Public-domain text, read in full here on John Shaqi.
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