Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost AdvocatesJohnson, Helen Kendrick
History
Woman and the Republic: A Survey of the Woman-Suffrage Movement in the United States and a Discussion of the Claims and Arguments of Its Foremost Advocates
Johnson, Helen Kendrick
Women -- Legal status, laws, etc. -- United States; Women -- Suffrage -- United States
In 1881, after more than thirty years of agitation of the subject, the
Suffrage leaders said: "The condition of married women under the laws of
all countries has been essentially that of slaves, until modified in some
respects, within the last quarter of a century, in the United States." And
again they said: "The change from the old common law of England, in regard
to the civil rights of women, from 1848 to the advance legislation in most
of the Northern States in 1880, marks an era both in the status of woman
as a citizen and in our American system of jurisprudence. When the State
of New York gave married women certain rights of property, the individual
existence of the wife was recognized, and the old idea that husband and
wife are one, and that one the husband, received its death-blow. From that
hour the statutes of the several States have been steadily diverging from
the old English codes. Most of the Western States copied the advance
legislation of New York, and some are now even more liberal."
This sentence contains another of the constantly recurring instances of
the methods by which the Suffrage mind jumps to unwarranted conclusions.
When the State of New York gave married women certain property rights, it
recognized their legal existence in a new way, but not their individual
existence--that had been recognized by every act of law and custom, from
the registry of their birth to that of their marriage or their death.
Socially and civilly, every woman in the United States had had opportunity
to make her individuality felt, and if there was any difference in
advantage in respect of this, it was supposed to lie with the married
woman. So true is this, that Mrs. Stanton and Mrs. Mott had to hunt for
oppressive laws, and most of the women of this land have no real sense of
the great and liberal change in laws concerning married women since 1848.
I am no more approving of or admiring the old English common law, or the
canon law, concerning women, than I am approving of or admiring the law
that came to light recently in the Transvaal and would have allowed the
torture of Jameson and his men, who, as a matter of fact, were allowed to
go almost unpunished. The law of the Dutch Government in Africa belonged
to the Middle Ages; their conduct belonged to to-day. I only believe that
at the time when it was possible for one man to frame for another man such
laws of physical and mental torment as every code reveals, their laws for
women were the best they could devise, and were those which led to the
freedom of the women of to-day. A law of England still favors only the
first-born son, and he only because he is the firstborn. What wonder that
girls have been denied succession; and what an evidence of man's desire to
show favor and not the "insult incident to sex," that he has placed woman
on thrones upon which he has had to sustain her by main force.
Public-domain text, read in full here on John Shaqi.
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