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.
"Men often think to bring about great results by violent and
unprepared effort; but it is only in fair and forecast order, 'as
the earth bringeth forth her bud,' that righteousness and praise
may spring forth before the nations."--JOHN RUSKIN.
In passing last to the United States of America, one is tempted to ask,
with Anna Brewster when rehearsing the hardships of Helvetian women,
"Can it be true, as the advocates of despotic government often say, that
under no government are women so harshly treated, so stripped of all
independent rights, as under a republic? In republican Helvetia, the
Vaudois peasant woman leaves all household care, to stand, spring,
summer, and autumn, in her vineyard; but not a bunch of grapes can she
gather for the market, without her husband's leave. _He_ may have
loitered and smoked through every sunny day, while _she_ has dug and
dressed and watered; but she may not sell one grape to buy bread for her
children."
And this is a picturesque statement of the English common law, on which
the common law of the United States still rests in the main, and on
which it has rested entirely until within the last ten years.
A few passages from Chancellor Kent will indicate,--
I. The estimate of woman formed by this law, and the property-laws built
upon this estimate.
II. The laws which regulate divorce. We shall have to consider,--
III. Woman's general civil position; and,--
IV. The right of suffrage.
Fortunately for us, Chancellor Kent talks plain English. He tells us
exactly what the law means, and sets it forth as if it were written to
be understood; which is not exactly the case with all his predecessors.
As to the estimate of woman on which the laws are based, we have, in
connection with what we have already quoted from English law-books, the
following statement:--
"But as the husband is the guardian of the wife, and bound to
protect and maintain her, the law has given him a reasonable
superiority and control over her person; and he may even put gentle
restraints upon her liberty, if her conduct be such as to require
it. The husband is the best judge of the wants of the family, and
the means of supplying them; and, if he shifts his domicile, the
wife is bound to follow him."--_Kent's Commentaries_, vol. ii. p.
180.
The best comment on this is found, I think, in a story told by Mrs.
Stowe, who says that she once saw a little hut perched on a barren ledge
of the Alps, out of reach of human help, and without pasture; but a
little below it were stretches of sweet Alpine grass, inviting to eye
and foot, and capable of affording sustenance to goats and sheep. "How
long have you lived here?" asked Mrs. Stowe of the old woman. "Above
forty years."--"And what made you come so far up? Don't you like the
meadow?"--"I don't know," was the reply: "it was the _man's notion_."
Public-domain text, read in full here on John Shaqi.
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