regard it.
He further says: "The law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. The theory of the law degrades the wife almost to the level of slaves. When a woman marries, we call her condition coverture, and speak of her as a femme covert. The old writers call the husband baron, and sometimes in plain English, lord.... The merging of her name in that of her husband is emblematic of the fate of all her legal rights. The torch of Hymen serves but to light the pile on which these rights are offered up. The legal theory is, that marriage makes the husband and wife one person, and that person is the husband. On this subject, reform is loudly called for. There is no foundation in reason or expediency for the absolute and slavish subjection of the wife to the husband, which forms the foundation of the present legal relations. Were woman, in point of fact, the abject thing which the law in theory considers her to be when married, she would not be worthy the companionship of man."
I would ask if such a code of laws does not require change? If such a condition of the wife in society does not claim redress? On no good ground can reform be delayed. Blackstone says: "The very being and legal existence of woman is suspended during marriage; incorporated or consolidated into that of her husband under whose protection and cover she performs everything." Hurlbut, in his Essay upon Human Rights, says: "The laws touching the rights of women are at variance with the laws of the Creator. Rights are human rights, and pertain to human beings without distinction of sex. Laws should not be made for man or for woman, but for mankind. Man was not born to command, nor woman to obey.... The law of France, Spain, and Holland, and one of our own States, Louisiana, recognizes the wife's right to property, more than the common law of England.... The laws depriving woman of the right of property are handed down to us from dark and feudal times, and are not consistent with the wiser, better, purer spirit of the age. The wife is a mere pensioner on the bounty of her husband. Her lost rights are appropriated to himself. But justice and benevolence are abroad in our land awakening the spirit of inquiry and innovation; and the Gothic fabric of the British law will fall before it, save where it is based upon the foundation of truth and justice."
May these statements lead you to reflect upon this subject, that you may know what woman's condition is in society, what her restrictions are, and seek to remove them. In how many cases in our country the husband and wife begin life together, and by equal industry and united effort accumulate to themselves a comfortable home. In the event of the death of the wife the household remains undisturbed, his farm or his workshop is not broken up or in any way molested. But when the husband dies he either gives his wife a portion of their joint accumulation, or the law apportions to her a share; the homestead is broken up, and she is dispossessed of that which she earned equally with him; for what she lacked in physical strength she made up in constancy of labor and toil, day and evening. The sons then coming into possession of the property, as has been the custom until of later time, speak of having to keep their mother, when she in reality is aiding to keep them. Where is the justice of this state of things? The change in the law of this State and of New York in relation to the property of the wife, goes to a limited extent toward the redress of these wrongs which are far more extensive and involve much more than I have time this evening to point out.
On no good ground can the legal existence of the wife be suspended during marriage, and her property surrendered to her husband. In the intelligent ranks of society the wife may not in point of fact be so degraded as the law would degrade her; because public sentiment is above the law. Still, while the law stands, she is liable to the disabilities which it imposes. Among the ignorant classes of society, woman is made to bear heavy burdens, and is degraded almost to the level of the slave. There are many instances now in our city, where the wife suffers much from the power of the husband to claim all that she can earn with her own hands. In my intercourse with the poorer class of people, I have known cases of extreme cruelty from the hard earnings of the wife being thus robbed by the husband, and no redress at law.
An article in one of the daily papers lately presented the condition of needle-women in England. There might be a presentation of this class in our own country which would make the heart bleed. Public attention should be turned to this subject in order that avenues of more profitable employment may be opened to women. There are many kinds of business which women, equally with men, may follow with respectability and success. Their talents and energies should be called forth, and their powers brought into the highest exercise. The efforts of women in France are sometimes pointed to in ridicule and sarcasm, but depend upon it, the opening of profitable employment to women in that country is doing much for the enfranchisement of the sex. In England and America it is not an uncommon thing for a wife to take up the business of her deceased husband and carry it on with success.
Our respected British Consul stated to me a circumstance which occurred some years ago, of an editor of a political paper having died in England; it was proposed to his wife, an able writer, to take the editorial chair. She accepted. The patronage of the paper was greatly increased, and she a short time since retired from her labors with a handsome fortune. In that country, however, the opportunities are by no means general for woman's elevation.
In visiting the public school in London a few years since, I noticed that the boys were employed in linear drawing, and instructed upon the black-board in the higher branches of arithmetic and mathematics; while the girls, after a short exercise in the mere elements of arithmetic, were seated during the bright hours of the morning, stitching wristbands. I asked why there should be this difference made; why the girls too should not have the black-board? The answer was, that they would not probably fill any station in society requiring such knowledge.
The demand for a more extended education will not cease until girls and boys have equal instruction in all the departments of useful knowledge. We have as yet no high-school in this State. The normal school may be a preparation for such an establishment. In the late convention for general education, it was cheering to hear the testimony borne to woman's capabilities for head teachers of the public schools. A resolution there offered for equal salaries to male and female teachers when equally qualified, as practiced in Louisiana. I regret to say, was checked in its passage by Bishop Potter; by him who has done so much for the encouragement of education, and who gave his countenance and influence to that Convention. Still, the fact of such a resolution being offered, augurs a time coming for woman which she may well hail. At the last examination of the public schools in this city, one of the alumni delivered an address on Woman, not as is too common in eulogistic strains, but directing the attention to the injustice done to woman in her position in society in a variety of ways, the unequal wages she receives for her constant toil, etc., presenting facts calculated to arouse attention to the subject.
Women's property has been taxed equally with that of men's to sustain colleges endowed by the States; but they have not been permitted to enter those high seminaries of learning. Within a few years, however, some colleges have been instituted where young women are admitted upon nearly equal terms with young men; and numbers are availing themselves of their long denied rights. This is among the signs of the times, indicative of an advance for women. The book of knowledge is not opened to her in vain. Already is she aiming to occupy important posts of honor and profit in our country. We have three females editors in our State, and some in other States of the Union. Numbers are entering the medical profession; one received a diploma last year; others are preparing for a like result.
Let woman then go on, not asking favors, but claiming as right, the removal of all hindrances to her elevation in the scale of being; let her receive encouragement for the proper cultivation of all her powers, so that she may enter profitably into the active business of life; employing her own hands in ministering to her necessities, strengthening her physical being by proper exercise and observance of the laws of health. Let her not be ambitious to display a fair hand and to promenade the fashionable streets of our city, but rather, coveting earnestly the best gifts, let her strive to occupy such walks in society as will befit her true dignity in all the relations of life. No fear that she will then transcend the proper limits of female delicacy. True modesty will be as fully preserved in acting out those important vocations, as in the nursery or at the fireside
