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
‘In criminal prosecutions, the wife may be indicted and punished
separately, unless there be evidence of coercion from the fact that
the offence was committed in the presence, or by the command of her
husband. A wife is excused from punishment for theft committed in the
presence, or by the command of her husband.’
It would be difficult to frame a law better calculated to destroy the
responsibility of woman as a moral being, or a free agent. Her husband
is supposed to possess unlimited control over her; and if she can offer
the flimsy excuse that he bade her steal, she may break the eighth
commandment with impunity, as far as human laws are concerned.
‘Our law, in general, considers man and wife as one person; yet there
are some instances in which she is separately considered, as inferior
to him and acting by his compulsion. Therefore, all deeds executed,
and acts done by her during her coverture (i. e. marriage,) are void,
except it be a fine, or like matter of record, in which case she must
be solely and secretly examined, to learn if her act be voluntary.’
Such a law speaks volumes of the abuse of that power which men have
vested in their own hands. Still the private examination of a wife, to
know whether she accedes to the disposition of property made by her
husband is, in most cases, a mere form; a wife dares not do what will
be disagreeable to one who is, in his own estimation, her superior,
and who makes her feel, in the privacy of domestic life, that she has
thwarted him. With respect to the nullity of deeds or acts done by a
wife, I will mention one circumstance. A respectable woman borrowed of
a female friend a sum of money to relieve her son from some distressing
pecuniary embarrassment. Her husband was from home, and she assured the
lender, that as soon as he returned, he would gratefully discharge the
debt. She gave her note, and the lender, entirely ignorant of the law
that a man is not obliged to discharge such a debt, actually borrowed
the money, and lent it to the distressed and weeping mother. The father
returned home, refused to pay the debt, and the person who had loaned
the money was obliged to pay both principal and interest to the friend
who lent it to her. Women should certainly know the laws by which they
are governed, and from which they frequently suffer; yet they are kept
in ignorance, nearly as profound, of their legal rights, and of the
legislative enactments which are to regulate their actions, as slaves.
‘The husband, by the old law, might give his wife moderate correction,
as he is to answer for her misbehavior. The law thought it reasonable
to entrust him with this power of restraining her by domestic
chastisement. The courts of law will still permit a husband to
restrain a wife of her liberty, in case of any gross misbehavior.’
Public-domain text, read in full here on John Shaqi.
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