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.
It is noticeable, that every man disclaims at his own hearth, and in the
presence of women, whatever there is of disgraceful appertaining to
political or other public meetings. _Somebody_ must be responsible for
these things; and yet, if we are to believe witnesses, nobody ever does
them. The bare fact of association must take all the blame.
The laws already existing prove conclusively to woman herself, that she
has never had a real representative. What she seeks is to utter her own
convictions, so that they shall redeem and save, not merely her own sex
but the race.
That the right of suffrage would be a protection to women, we see from
this fact, that it would at once put an end to three classes of laws:--
I. Those that protect her from violence.
II. Those made to protect her from fraud.
III. Those that protect society from the passions of both sexes.
The moment woman began to exercise this right, I think we should see
moral significance streaming from every statute. We should no longer
hear that seduction was to be sued as "loss of service:" it would become
loss of honor to _more_ than one. We should no longer hear that consent
or temptation excused it: we should find that God demanded chastity of
both sexes, and had made man the guardian of his own virtue. We should
find, that, if its punishment admitted of degrees, it should be
_heaviest_ where a man committed it in defiance or abuse of a positive
trust.
Let us look at a single decision in the light of these principles. Let
us take the case of Harris _versus_ Butler, reported in the notes to
Davis's Prize Essay.
A man named Harris had apprenticed his daughter to a milliner named
Butler, paying as an entrance-fee a sum equivalent to a hundred and
fifty dollars. After a short time, the girl was seduced by her
mistress's husband. She became seriously ill, and was returned to her
father, who lost not only his hundred and fifty dollars, but all the
benefits of her apprenticeship, and was obliged to provide her with
board, medicine, and nursing.
Why the father became liable for the care of his child under such
circumstances does not appear. Common sense would suggest that the court
might have required this at the hands of the Butlers; but,
unfortunately, law has very little to do with common sense.
The father brought an action against Butler: but the defence urged, that
he could only sue for "loss of service;" that her "services" were not
his after she was apprenticed to Mrs. Butler; that Mrs. Butler and her
husband were "one person in law;" and that, if Butler chose to deprive
himself of her services for his own ends, the law had no remonstrance to
make, no redress to afford.
The prosecution urged, that the "care of morals" was one of the duties
involved in the very system of apprenticeship; but the court denied the
claim, unless it were distinctly set forth on the articles signed.
Public-domain text, read in full here on John Shaqi.
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