HUSBAND AND WIFE,
"We have a few statutory provisions on the subject, but for the most part the law of husband and wife is Common Law, and you will find that it savors of its origin in all its leading features. The whole theory is a slavish one, compared even with the civil law. I do not hesitate to say, by way of arousing your attention to the subject, that the law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. I do not mean to say that females are degraded in point of fact. I only say, that the theory of the law degrades them almost to the level of slaves." We thank Prof. Walker for his candor. He might have added that the practice of the law does degrade woman to the level of the slave. He also says: "With regard to political rights, females form a positive exception to the general doctrine of equality. They have no part nor lot in the formation or administration of government. They can not vote or hold office. We require them to contribute their share in the way of taxes for the support of government, but allow them no voice in its direction. We hold them amenable to the laws when made, but allow them no share in making them. This language applied to males, would be the exact definition of political slavery; applied to females, custom does not teach us so to regard it."
Of married women he says: "The legal theory is, marriage makes the husband and wife one person, and that person is the husband. He the substantive, she the adjective. In a word, there is scarcely a legal act of any description that she is competent to perform. If she leaves him without cause, (legal) he may seize and bring her back, for he has a right to her society, which he may enforce, either against herself, or any other person. All her personality in regard to property becomes the husband's by marriage, unless the property has been specially secured to her. If the property be not in his possession, he may take measures to reduce it to possession. He can thus dispose of it in spite of her. If debts were due to her, he may collect them. If he was himself the debtor, the marriage cancels the debt. If she has earned money during marriage, he may collect it. In regard to realty (real estate) he controls the income, and without her consent he can not encumber, or dispose of the property beyond his own life." Women, married or single, have no political rights whatever. While single, their legal rights are the same as those of men; when married, their legal rights are chiefly suspended. "The condition of the wife may be inferred from what has already been said. She is almost at the mercy of her husband; she can exercise no control over his property or her own. As a general rule, she can make no contracts binding herself or him. Her contracts are not merely voidable, but absolutely void. Nor can she make herself liable for his contracts, torts, or crimes. Her only separate liability is for her own crimes. Her only joint liability, is for her own torts committed without his participation, and for contracts for which the law authorizes her to unite with him. She has no power over his person, and her only claim upon his property is for a bare support. In no instance can she sue or be sued alone in a civil action; and there are but few cases in which she can be joined in a suit with him. In Ohio, but hardly anywhere else, is she allowed to make a will, if haply she has anything to dispose of."
Women of Ohio! Whose cheek does not blush, whose blood does not tingle at this cool, lawyer-like recital of the gross indignities and wrongs which Government has heaped upon our sex? With these marks of inferiority branded upon our persons, and interwoven with the most sacred relations of human existence, how can we rise to the true dignity of human nature, and discharge faithfully the important duties assigned us as responsible, intelligent, self-controlling members of society? No wonder that so many of our politicians are dough-faced serviles, without independence or manhood; no wonder our priests are time-serving and sycophantic: no wonder that so many men are moral cowards and cringing poltroons. What more could be expected of a progeny of slaves? Slaves are we, politically and legally. How can we, who, it is said, are the educators of our children, present to this nation anything else but a generation of serviles, while we, ourselves, are in a servile condition, and padlocks are on our lips? No! if men would be men worthy of the name, they must cease to disfranchise and rob their wives and mothers; they must forbear to consign to political and legal slavery their sisters and their daughters. And, would we be women worthy the companionship of true and noble men, we must cease longer to submit to tyranny. Let us rise in the might of self-respect, and assert our rights, and by the aid of truth, the instincts of humanity, and a just application of the principles of equality, we shall be able to maintain them.
You ask, would you have woman, by engaging in political party bickerings and noisy strife, sacrifice her integrity and purity? No, neither would we have men do it.... We hold that whatever is essentially wrong for woman to do, can not be right for man. If deception and intrigue, the elements of political craft, be degrading to woman, can they be ennobling to man? If patience and forbearance adorn a woman, are they not equally essential to a manly character? If anger and turbulence disgrace woman, what can they add to the dignity of man? Nothing; because nothing can be morally right for man, that is morally wrong for woman. Woman, by becoming the executioner of man's vengeance on his fellow-man, could inflict no greater wrong on society than the same done by man; but it would create an intenser feeling of shuddering horror, and would, we conceive, rouse to more healthful activity man's torpid feelings of justice, mercy, and clemency. And so, also, if woman had free scope for the full exercise of the heavenly graces that men so gallantly award her, truth, love, and mercy would be invested with a more sacred charm. But while they continue to enforce obedience to arbitrary commands, to encourage love of admiration and a desire for frivolous amusements; while they crush the powers of the mind, by opposing authority and precedent to reason and progress; while they arrogate to themselves the right to point us to the path of duty, while they close the avenues of knowledge through public institutions, and monopolize the profits of labor, mediocrity and inferiority must be our portion. Shall we accept it, or shall we strive against it?
Men are not destitute of justice or humanity; and let it be remembered that there are hosts of noble and truthful ones among them who deprecate the tyranny that enslaves us; and none among ourselves can be more ready than they to remove the mountain of injustice which the savagism of ages has heaped upon our sex. If, therefore, we remain enslaved and degraded, the cause may justly be traced to our own apathy and timidity. We have at our disposal the means of moral agitation and influence, that can arouse our country to a saving sense of the wickedness and folly of disfranchising half the people. Let us no longer delay to use them.
Let it be remembered too, that tyrannical and illiberal as our Government is, low as it places us in the scale of existence, degrading as is its denial of our capacity for self-government, still it concedes to us more than any other Government on earth. Woman, over half the globe, is now and always has been but a chattel. Wives are bargained for, bought and sold, as other merchandise, and as a consequence of the annihilation of natural rights, they have no political existence. In Hindustan, the evidence of woman is not received in a court of justice. The Hindu wife, when her husband dies, must yield implicit obedience to the oldest son. In Burmah, they are not allowed to ascend the steps of a court of justice, but are obliged to give their testimony outside of the building. In Siberia, women are not allowed to step across the footprints of men or reindeer. The Mohammedan law forbids pigs, dogs, women, and other impure animals to enter the Mosque. The Moors, for the slightest offense, beat their wives most cruelly. The Tartars believe that women were sent into the world for no other purpose than to be useful, convenient slaves. To these heathen precedents our Christian brethren sometimes refer to prove the inferiority of woman, and to excuse the inconsistency of the only Government on earth that has proclaimed the equality of man. An argument worthy its source.
In answer to the popular query, "Why should woman desire to meddle with public affairs?" we suggest the following questions:
1st. Is the principle of taxation without representation less oppressive and tyrannical, than when our fathers expended their blood and treasure, rather than submit to its injustice?
2d. Is it just, politic, and wise, that universities and colleges endowed by Government should be open only to men?
3d. Is it easier for Government to reform lazy, vicious, ignorant, and hardened felons, than for enlightened humanity—loving parents, to "train up
