possibility of a woman having written it was denied.36
But in 1850, as in 1849, no action was taken, the petitioners having "leave to withdraw." Petitions of a similar character were again circulated throughout Salem and Danvers, in 1850, '51, '52, '53, making six successive years, in each of which the petitioners had "leave to withdraw," as the only reply to their prayers for relief. The Hon. Mr. Upham, however, remained woman's steadfast friend through all this period, and Mrs. Phebe Upton King was as constantly found among the petitioners.
In 1852 the petitions were signed only by ladies over sixty years of age, women of large experience and matured judgment, whose prayers should have received at least respectful consideration from the legislators of the State. We give the appeal accompanying their petition:
Gentlemen:—Your petitioners, who are tax-payers and originators of these petitions, are upwards of three-score years; ten of them are past three-score years and ten; three of them three-score and twenty. If length of days, a knowledge of the world and the rights of man and woman entitle them to a respectful hearing, few, if any, have prior or more potent claims, for reason has taught them what individual rights are, experience, what woman and her children suffer for the want of just protection in those, and humanity impels them once more to appear before you, it may be for the last time. Let not their gray hairs go down in sorrow to the grave for the want of this justice in your power to extend, as have several of their number whose names are no longer to be found with theirs, whose voices can plead never more in behalf of your own children and those of your constituents.
In 1853 a petition37 bearing only Mrs. King's name was presented. In 1854 the political organization called the "Know Nothings" came into power, and although no petition was presented, a bill securing the control of their own property to all women married subsequent to the passage of the law, was passed. The power to make a will without the husband's consent, was also secured to wives, though not permitted to thus will more than one-half of their personal property. This law also gave to married women having no children, whose husbands should die without a will, five thousand dollars, and one-half of the remainder of the husband's property. The following year the Divorce Law38 was amended, and shortly thereafter two old ladies, nearly seventy years of age, having no future marriage in view, but solely influenced by a desire to secure their own property to their own children, which without such divorce they would be unable to do, although one of their husbands had not provided for his wife in twenty years, nor the other in thirty years, availed themselves of its new privileges.
The first change in the tyrannous laws of Massachusetts was really due to the work of this one woman, Mary Upton Ferrin, who for six years, after her own quaint method, poured the hot shot of her earnest conviction of woman's wrongs into the Legislature. In circulating petitions, she traveled six hundred miles, two-thirds of this distance on foot. Much money was expended besides her time and travel, and her name should be remembered as that of one of the brave pioneers in this work.
Although two thousand petitions were sent into the Constitutional Convention of 1853, from other friends of woman's enfranchisement in the State, Mrs. Ferrin totally unacquainted with that step, herself petitioned this body for an amendment to the Constitution securing justice to women, referring to the large number of petitions sent to the Legislature during the last few years for this object. Working as she did, almost unaided and alone, Mrs. Ferrin is an exemplification of the dissatisfaction of women at this period with unjust laws.39
MRS. FERRIN'S ADDRESS TO THE JUDICIARY COMMITTEE OF THE MASSACHUSETTS LEGISLATURE IN 1850.
Long have our liberties and our lives been lauded to the skies, to our amusement and edification, and until our sex has been as much regaled as has the Southern slave, with "liberty and law." But, says one, "Women are free." So likewise are slaves free to submit to the laws and to their masters. "A married woman is as much the property of her husband, likewise her goods and chattels, as is his horse," says an eminent judge, and he might have added, many of them are treated much worse. No more apt illustration could have been given. Though man can not beat his wife like his horse, he can kill her by abuse—the most pernicious of slow poisons; and, alas, too often does he do it. It is for such unfortunate ones that protection is needed. Existing laws neither do nor can protect them, nor can society, on account of the laws. If they were men, society would protect and defend them. Long, silently, and patiently have they waited until forbearance ceases to be a virtue.
Should a woman make her will without her husband's consent in writing, it is of no use. It is as just and proper that a woman should dispose of her own property to her own satisfaction as that a man should dispose of his. In many cases she is as competent, and sadly to be pitied if not in many cases more so. And even with her husband's consent she can not bequeath to him her real estate. She can sell it with his consent, but the deeds must pass and be recorded, and then, if the husband pleases, he can take the money and buy the property back again. Does justice require that a man and his wife should use so much deception, and be at so much unnecessary expense and trouble, to settle their own private affairs to their own satisfaction—affairs which do not in the least affect any other individual? Reason, humanity, and common sense answer—No!
"All men are created free and equal," and all women are born subject to laws which they have neither the power to make or to repeal, but which they are taxed, directly or indirectly, to support, and many of which are a disgrace to humanity and ought to be forthwith abolished. A woman is compelled by circumstances to work for less than half an ordinary man can earn, and yet she is as essential to the existence, happiness, and refinement of society as is man.
We are told "a great deal has already been done for woman;" in return we would tender our grateful acknowledgments, with the assurance that when ours is the right, we will reciprocate the favor. Much that has been done, does not in the least affect those who are already married; and not one in ten of those who are not married, will ever be apprised of the existence of the laws by which they might be benefited. Few, if any, would marry a man so incompetent as in their opinion to render it necessary to avail themselves of such laws; neither would any spirited man knowingly marry a woman who considered him so incompetent; hence, instead of being a blessing, much labor and expense accrue to those who desire to avail themselves of their benefit; and such a step often induces the most bitter contention.
We are told "the Bible does not provide for divorce except for one offence." Neither does the Bible prohibit divorce for any other justifiable cause. Inasmuch as men take the liberty to legislate upon other subjects of which the Bible does, and does not, take particular notice, so likewise are they equally at liberty to legislate and improve upon this, when the state of society demands it.... A woman who has a good husband glides easily along under his protection, while those who have bad husbands, of which, alas! there are too many, are not aware of the depths of their degradation until they suddenly and unexpectedly find themselves, through the influence of the law, totally destitute, condemned to hopeless poverty and servitude, with an ungrateful tyrant for a master. No respectable man with a decent woman for a wife, will ever demean himself so much as to insult or abuse his wife. Wherever such a state of things exists, it is a disgrace to the age and to society, by whomsoever practiced, encouraged, or protected, whether public or private—whether social, political, or religious.
A very estimable and influential lady, whose property was valued at over $150,000, married a man, in whom she had unbounded, but misplaced confidence, as is too often the case; consequently the most of her property was squandered through intemperance and dissipation, before she was aware of the least wrong-doing. So deeply was she shocked by the character of her husband, that she soon found a premature grave, leaving several small children to be reared and educated upon the remnant of her scattered wealth.
Nearly
