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
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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
Petitions for "Woman's Right" and changes of the laws were circulated in
Massachusetts as early as 1848. In 1849, a year after the first Suffrage
Convention, Ohio, Maine, Indiana, and Missouri, had passed laws giving to
married women the right to their own earnings. A "Memorial" was sent by
the Suffrage Association to the Ohio Constitutional Convention in 1850,
from which I take the following: "We believe the whole theory of the
common law in relation to woman is unjust and degrading." (Then follows
political injustice.) "We would especially call your attention to the
legal condition of married women." (Then follow general statements and
quotations from the common law.) The attention of the memorialists was
called by the proper authorities to the fact that the statute laws of Ohio
had radically changed the general matters charged. In answering comment,
Mrs. Coe said: "The committee were perfectly aware of the existence of the
statutes mentioned, but did not see fit to incorporate them in the
petition, not only on account of their great length, but because they do
not at all invalidate the position which the petition affects to
establish--the inequality of the sexes before the law; because if the wife
departs from the conditions of the statutes, and thus comes under the
common law, they are against her." She then adds: "There are other laws
which might be mentioned, which really give woman an apparent advantage
over man; yet, having no relevancy to the subject in the petition, we did
not see fit to introduce them."
The ignorance displayed here is phenomenal. Common law is operative only
in the absence of statute law. The Ohio statute (as with all statutes)
superseded the common law; and if the woman "departs from the condition of
the statute," she suffers the penalty prescribed therein, without
reference to her previous position before the law.
Public-domain text, read in full here on John Shaqi.
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