of the agonies of soul that impelled her to such an outrage of maternal instincts? How can he weigh the mountain of sorrow that crushed that mother's heart when she wildly tossed her helpless babe into the cold waters of the midnight sea? Where is he who by false vows thus blasted this trusting woman? Had that helpless child no claims on his protection? Ah, he is freely abroad in the dignity of manhood, in the pulpit, on the bench, in the professor's chair. The imprisonment of his victim and the death of his child, detract not a tithe from his standing and complacency. His peers made the law, and shall law-makers lay nets for those of their own rank? Shall laws which come from the logical brain of man take cognizance of violence done to the moral and affectional nature which predominates, as is said, in woman?
Statesmen of New York, whose daughters, guarded by your affection, and lapped amidst luxuries which your indulgence spreads, care more for their nodding plumes and velvet trains than for the statute laws by which their persons and properties are held—who, blinded by custom and prejudice to the degraded position which they and their sisters occupy in the civil scale, haughtily claim that they already have all the rights they want, how, think ye, you would feel to see a daughter summoned for such a crime—and remember these daughters are but human—before such a tribunal? Would it not, in that hour, be some consolation to see that she was surrounded by the wise and virtuous of her own sex; by those who had known the depth of a mother's love and the misery of a lover's falsehood; to know that to these she could make her confession, and from them receive her sentence? If so, then listen to our just demands and make such a change in your laws as will secure to every woman tried in your courts, an impartial jury. At this moment among the hundreds of women who are shut up in prisons in this State, not one has enjoyed that most sacred of all rights—that right which you would die to defend for yourselves—trial by a jury of one's peers.
2d. Look at the position of woman as wife. Your laws relating to marriage—founded as they are on the old common law of England, a compound of barbarous usages, but partially modified by progressive civilization—are in open violation of our enlightened ideas of justice, and of the holiest feelings of our nature. If you take the highest view of marriage, as a Divine relation, which love alone can constitute and sanctify, then of course human legislation can only recognize it. Men can neither bind nor loose its ties, for that prerogative belongs to God alone, who makes man and woman, and the laws of attraction by which they are united. But if you regard marriage as a civil contract, then let it be subject to the same laws which control all other contracts. Do not make it a kind of half-human, half-divine institution, which you may build up, but can not regulate. Do not, by your special legislation for this one kind of contract, involve yourselves in the grossest absurdities and contradictions.
So long as by your laws no man can make a contract for a horse or piece of land until he is twenty-one years of age, and by which contract he is not bound if any deception has been practiced, or if the party contracting has not fulfilled his part of the agreement—so long as the parties in all mere civil contracts retain their identity and all the power and independence they had before contracting, with the full right to dissolve all partnerships and contracts for any reason, at the will and option of the parties themselves, upon what principle of civil jurisprudence do you permit the boy of fourteen and the girl of twelve, in violation of every natural law, to make a contract more momentous in importance than any other, and then hold them to it, come what may, the whole of their natural lives, in spite of disappointment, deception, and misery? Then, too, the signing of this contract is instant civil death to one of the parties. The woman who but yesterday was sued on bended knee, who stood so high in the scale of being as to make an agreement on equal terms with a proud Saxon man, to-day has no civil existence, no social freedom. The wife who inherits no property holds about the same legal position that does the slave on the Southern plantation. She can own nothing, sell nothing. She has no right even to the wages she earns; her person, her time, her services are the property of another. She can not testify, in many cases, against her husband. She can get no redress for wrongs in her own name in any court of justice. She can neither sue nor be sued. She is not held morally responsible for any crime committed in the presence of her husband, so completely is her very existence supposed by the law to be merged in that of another. Think of it; your wives may be thieves, libelers, burglars, incendiaries, and for crimes like these they are not held amenable to the laws of the land, if they but commit them in your dread presence. For them, alas! there is no higher law than the will of man. Herein behold the bloated conceit of these Petruchios of the law, who seem to say:
"Nay, look not big, nor stamp, nor stare, nor fret,
I will be master of what is mine own;
She is my goods, my chattels; she is my house,
My household stuff, my field, my barn,
My horse, my ox, my ass, my anything;
And here she stands, touch her whoever dare;
I'll bring my action on the proudest he,
That stops my way, in Padua."
How could man ever look thus on woman? She, at whose feet Socrates learned wisdom—she, who gave to the world a Saviour, and witnessed alike the adoration of the Magi and the agonies of the cross. How could such a being, so blessed and honored, ever become the ignoble, servile, cringing slave, with whom the fear of man could be paramount to the sacred dictates of conscience and the holy love of Heaven? By the common law of England, the spirit of which has been but too faithfully incorporated into our statute law, a husband has a right to whip his wife with a rod not larger than his thumb, to shut her up in a room, and administer whatever moderate chastisement he may deem necessary to insure obedience to his wishes, and for her healthful moral development! He can forbid all persons harboring or trusting her on his account. He can deprive her of all social intercourse with her nearest and dearest friends. If by great economy she accumulates a small sum, which for future need she deposit, little by little, in a savings bank, the husband has a right to draw it out, at his option, to use it as he may see fit.
"Husband is entitled to wife's credit or business talents (whenever their inter-marriage may have occurred); and goods purchased by her on her own credit, with his consent, while cohabiting with him, can be seized and sold in execution against him for his own debts, and this, though she carry on business in her own name."—7 Howard's Practice Reports, 105, Lovett agt. Robinson and Whitbeck, sheriff, etc.
"No letters of administration shall be granted to a person convicted of infamous crime; nor to any one incapable by law of making a contract; nor to a person not a citizen of the United States, unless such person reside within this State; nor to any one who is under twenty-one years of age; nor to any person who shall be adjudged incompetent by the surrogate to execute duties of such trust, by reason of drunkenness, improvidence, or want of understanding, nor to any married woman; but where a married woman is entitled to administration, the same may be granted to her husband in her right and behalf."
There is nothing that an unruly wife might do against which the husband has not sufficient protection in the law. But not so with the wife. If she have a worthless husband, a confirmed drunkard, a villain, or a vagrant, he has still all the rights of a man, a husband, and a father. Though the whole support of the family be thrown upon the wife, if the wages she earns be paid to her by her employer, the husband can receive them again. If, by unwearied industry and perseverance, she can earn for herself and children a patch of ground and a shed to cover them, the husband can strip her of all her hard earnings, turn her and her little ones out in the cold northern blast, take the clothes from their backs, the bread from their mouths; all this by your laws may he do, and has he done, oft and again, to satisfy the rapacity of that monster in human form, the rum-seller.
But the wife who is so fortunate as to have inherited property, has, by the new law in this State, been redeemed from her lost condition. She is no longer a legal nonentity. This property law, if fairly construed, will overturn the whole code relating to woman and property. The right to property implies the right to buy and
