The College, the Market, and the Court: or, Woman's relation to education, labor and lawDall, Caroline Wells Healey
History
The College, the Market, and the Court: or, Woman's relation to education, labor and law
Dall, Caroline Wells Healey
Women -- Education; Women -- Employment; Women -- Legal status, laws, etc.
As a protection against the common law, it is usual to have some
settlement of property made upon the wife; and, in respect to _this_
property, the courts of equity regard her as a single woman. Such
settlements are very intricate, and should be made by an experienced
lawyer.
The wife's property belonging to the husband, should her scissors,
thimble, or petticoats be stolen, the indictment must describe either of
these articles as his!
Of divorce it is only necessary to say, that a divorce from the bonds of
matrimony in England could be obtained only by act of Parliament; the
right of investigation resting with the House of Lords alone. Until the
passage of the New Divorce Bill, only three such divorces had ever been
granted to a woman's petition. The expense of the most ordinary bill was
between three and four thousand dollars.
Nor need we dwell long on such laws as relate to _widows_. You may be
interested to hear, that, _after_ her husband's death, the widow
recovers her right to her own clothes and jewels; also that the law does
not compel her to bury him, that being the duty of his legal
representative.
The indignation which we might naturally feel at the suggestion that a
wife _could_ forsake her unburied dead, cools a little as the law goes
on to state, that a husband _can_, of _course_, deprive a wife of all
share in his personal estate. Very graciously, also, the widow is
permitted to remain forty days in her husband's house, provided that she
do not _re_-marry within that time!
The result of a great deal of reading of a great many law-books is only
this,--that we are more firmly convinced than ever, that the most
necessary reform is a simple erasure from the statute-book of whatever
recognizes distinctions of sex. You should make woman, in the eye of the
law, what she has always been in the eye of God,--a responsible human
being; and make laws which such beings, male or female, can obey.
Even Christian, in his edition of Blackstone, said long ago, that there
was no reason why civil rights should be refused to single women. In
every respect but this, the single woman is independent; but let her
take to herself a husband, and the law steps in to protect her, and she
finds herself in a position of what is called "reasonable restraint." He
may give her, says Blackstone, _moderate correction_; he may adopt any
act of coercion that does not endanger life; he may beat her, but not
violently. She may, by her labor, support him: but she cannot prevent
him from bestowing her earnings, should he happen to die, upon those who
have most wronged her in life; his mistress, it may be, or his
illegitimate children. Do you tell me that men of good feeling never
act on such laws? Why, then, should men of good feeling be unwilling to
wipe them from the statute-book?
Public-domain text, read in full here on John Shaqi.
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