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.
The laws are essentially the same in Pennsylvania, Virginia, North
Carolina, South Carolina, Kentucky, and New York; in the latter State,
of course, only as applicable to marriages contracted before the passage
of the new bill. It is the same in all the States, with one or two
Western exceptions; because the passage of a new law never annuls
_pre-existing_ contracts. In consequence, practice becomes contradictory
and intricate; and most lawyers not only _feel_, but _show_, a great
dislike to new laws on that account.
In regard to marriage and divorce, Kent says that the English practice
was, not to grant divorce for unfaithfulness on the part of the
_husband_; and the early settlers of Massachusetts made the same
distinction, creating a difference at the very outset in the moral
responsibility of the two, fatal alike to happiness and civilization.
In 1840, the policy of South Carolina continued so strict, that there
had been no instance, since the Revolution, of a divorce pronounced by a
court of justice, or an act of the legislature.
In Massachusetts, the law was, that divorce could only be had for
criminality. In Vermont, New Jersey, Kentucky, Mississippi, and
Michigan, divorce from "bed and board" may be had for extreme cruelty;
and, in Michigan, for wilful desertion for three years.
In Indiana, it is rendered for any cause, at the judgment of the court.
In Illinois, divorce may be had for the usual causes, and for
drunkenness or cruelty, or such other cause as the court shall think
right; and, in such cases, the wife does not lose her dower. These
differences in statute law indicate, one would think, a variety
sufficient to test in time all the theories of reformers and
experimentalists.
As to the consistency of the law, Poynter says,--
"It is singular to see a marriage _annulled_ on account of the
misspelling or suppressing of a name, which would be held _valid_
against the lasting misery of the parties."
By cruelty is meant "reasonable apprehension of bodily hurt." Mere
austerity of temper, petulance of manners, rudeness of language, a want
of civil attention, even _occasional_ sallies of passion, do not amount
to that cruelty which the law can relieve. The wife must disarm her
husband by the _weapons of kindness_!
I have shown you upon what estimate the general common law of the United
States is based, as regards both property and divorce. It is needless to
say that this estimate is very little to be preferred to that of older
countries; but, when the reformers of our cause are tauntingly asked
what good they have done, they may reply proudly, though they should
point to the changes of legislation during the last ten years alone.
Since 1850, the laws have been changed in at least nineteen States. The
credit of this change should certainly rest with the men and women of
this reform; for, in every State, its sympathizing friends helped to
frame the new laws.
Public-domain text, read in full here on John Shaqi.
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