XV.

2.—“... woman’s griefs with man of barbarous breed.”

“In all barbarous societies the subjection of woman is more or less severe; customs or coarse laws have regulated the savagery of the first anarchic ages; they have doubtless set up a barrier against primitive ferocity, they have interdicted certain absolutely terrible abuses of force, but they have only replaced these by a servitude which is still very heavy, is often iniquitous, and no longer permits to legally-possessed women those escapes, or capriciously accorded liberties, which were tolerated in savage life.”—Letourneau (“Evolution of Marriage,” Chap. XIV.).

4.—“Crippled and crushed by cruelty and toil.”

Some of this crippling has been of set purpose, as well as the simple result of brutal male recklessness. Instance the distortion of the feet of high-born female children in China, the tradition concerning which is that the practice was initiated and enjoined by an emperor of old, one of whose wives had (literally) “run away” from him. A somewhat similar precaution would seem to be indicated as a very probable source of the persistent and almost universal incommodity and incumbrance of the dress of woman as compared with that of man.

Dr. Thomas Inman, in his “Ancient Faiths Embodied in Ancient Names,” Vol. I., p. 53, seems to indicate a different, yet closely allied, origin and motive for the impeding form of woman’s clothing, the subordinate status of woman being always the purpose in view.

Id.... “Even supposing a woman to give no encouragement to her admirers, many plots are always laid to carry her off. In the encounters which result from these, she is almost certain to receive some violent injury, for each of the combatants orders her to follow him, and, in the event of her refusing, throws a spear at her. The early life of a young woman at all celebrated for beauty is generally one continued series of captivities to different masters, of ghastly wounds, of wandering in strange families, of rapid flights, of bad treatment from other females amongst whom she is brought, a stranger, by her captor; and rarely do you see a form of unusual grace and elegance but it is marked and scarred by the furrows of old wounds; and many a female thus wanders several hundred miles from the home of her infancy, being carried off successively to distant and more distant points.”—Sir George Grey (“Travels in North-Western Australia,” 1841, Vol. II., p. 249; quoted in M’Lennan on “Primitive Marriage,” p. 75).

5.—“... her heart a gentle mien essayed.”

“Woman seems to differ from man in mental disposition, chiefly in greater tenderness and less selfishness, and this holds good even with savages, as shown by a well-known passage in “Mungo Park’s Travels,” and by statements made by other travellers. Woman, owing to her maternal instincts, displays these qualities towards her infants in an eminent degree; therefore it is likely that she should often extend them towards her fellow creatures.”... “Mungo Park heard the negro women teaching their young children to love the truth.”—Darwin (“The Descent of Man,” Chaps. IX., III.).

6.—“By deeper passion, holier impulse, swayed.”

Mrs. Eliza W. Farnham well says:—“Woman has accepted her subordinate lot, and lived in it with comparatively little moral harm, as the only truly superior and noble being could have done. The masculine spirit, enslaved and imprisoned, becomes diabolic or broken; the feminine, only warped, weakened, or distorted, is ready, whenever the pressure upon it is removed, to assume its true attitude.”—(“Woman and Her Era,” Part IV.)

Id.... Perhaps as appositely here, as elsewhere, may be recorded the following:—“An American writer says: ‘While I lived among the Choctaw Indians, I held a consultation with one of their chiefs respecting the successive stages of their progress in the arts of civilised life, and, among other things, he informed me that at their start they made a great mistake, they only sent boys to school. Their boys came home intelligent men, but they married uneducated and uncivilised wives, and the uniform result was that the children were all like their mothers. The father soon lost all his interest both in wife and children. And now,’ said he, ‘if we could educate but one class of our children, we should choose the girls, for, when they become mothers, they educate their sons.’ This is the point, and it is true.”—(Manchester Examiner and Times, Sept., 1870.)

8.—“... mother-love alone the infant oft preserved.”

In Polynesia, “if a child was born, the husband was free to kill the infant, which was done by applying a piece of wet stuff to the mouth and nose, or to let it live; but, in the latter case, he generally kept the wife for the whole of her life. If the union was sterile, or the children put to death, the man had always the right to abandon the woman when and how it seemed good to him.”—Letourneau (“Evolution of Marriage,” p. 113).

Id.... An Arab legend tells of a chief of Tamin, who became a constant practitioner of infanticide in consequence of a wound given to his pride ... and from that moment he interred alive all his daughters, according to the ancient custom. But one day, during his absence, a daughter was born to him, whom the mother secretly sent to a relative to save her, and then declared to her husband that she had been delivered of a still-born child.—(R. Smith, on “Kinship,” p. 282; quoted by Letourneau, “Evolution of Marriage,” p. 83.)

Id.... Charles Darwin writes of Tierra del Fuego:—“The husband is to the wife a brutal master to a laborious slave. Was a more horrid deed ever perpetrated than that witnessed on the west coast by Byron, who saw a wretched mother pick up her bleeding, dying infant-boy, whom her husband had mercilessly dashed on the stones for dropping a basket of sea-eggs!”—(“Voyage of the Beagle,” Chap. X.)

Id.... Mrs. Reichardt tells of a certain Moslem, of high standing in the society of Damascus, who “married a young girl of ten, and, after she had born him two sons, he drove her almost mad with such cruelty and unkindness that she escaped, and went back to her father. Her husband sent for her to return, and, as she was hidden out of his sight, he wrung the necks of both his sons, and sent their bodies to his wife to show her what he had in store for her. The young mother, not yet twenty, died in a few days.”—(See Nineteenth Century, June, 1891.)

Id.... It will not be forgotten that, in more than one of the older civilisations, the father had the power of life and death over the members of the family, even past adult age.

And, to come to quite recent times, and this our England, Mrs. Wolstenholme Elmy, to whose unflagging energy, during some fifteen years of labour, was mainly attributable (as the Parliamentary sponsors of the measures know) the amelioration in the English law concerning wives and mothers, embodied in the Married Women’s Property Acts of 1870 and 1882, together with the later and beneficent Guardianship of Infants Act, 1886, relates, in her record of the history of this latter Act:—

“It will be remembered that so recently as 1883, a young lady petitioned that she might be allowed to spend her summer holidays with her own mother, from whom she was separated for no fault of her own or of her mother’s, but in virtue of the supreme legal rights of her father. The Court refused her petition, natural and proper as it seems to everyone of human feelings; and the words of the Master of the Rolls in giving judgment, on the 24th of July, 1883, are more significant and instructive as to the actual state of the law than the words of any non-professional writer can be:—‘The law of England recognises the rights of the father, not as the guardian, but because he is the father of his children.... The rights of the father are recognised because he is the father; his duties as a father are recognised because they are natural duties. The natural duties of a father are to treat his children with the utmost affection, and with infinite tenderness.... The law recognises these duties, from which if a father breaks he breaks from everything which nature calls upon him to do; and, although the law may not be able to insist upon their performance, it is because the law recognises them, and knows that in almost every case the natural feelings of a father will prevail. The law trusts that the father will perform his natural duties, and does not, and, indeed, cannot, inquire how they have been performed.... I am not prepared to say whether when the child is a ward of Court, and the conduct of the father is such as to exhaust all patience—such, for instance, as cruelty, or pitiless spitefulness carried to a great extent—the Court might not interfere. But such interference will be exercised ONLY IN THE UTMOST NEED, AND IN MOST EXTREME CASES. It is impossible to lay down the rule of the Court more clearly than has been done by Vice-Chancellor Bacon in the recent case of “Re. Plowley” (47 “L.T.,” N.S., 283). In saying that this Court, “whatever be its authority or jurisdiction, has no authority to interfere with the sacred right of a father over his own children,” the learned Vice-Chancellor has summed up all that I intended to say. The rights of a father are sacred rights, because his duties are sacred....’

“These sacred rights of the father were, it will be observed, in the eyes of the law so exclusive and paramount as to justify and demand the refusal to a young girl, at the most critical period of early womanhood, of the solace of a few weeks’ intercourse with a blameless and beloved mother; and this although the gratification of the daughter’s wish would have involved no denial to the father of the solace of his daughter’s company, since she was not actually, but only legally, in his custody, not having seen him for more than a year.

“It will be seen from this that the father alone has the absolute legal right to deal with his child or children, to the extent of separating them, at his own sole pleasure, from their mother, and of giving them into the care and custody of any person whom he may think fit. The mother has, as such, no legal status, no choice, voice, lot, or part in the matter.”—Mrs. Wolstenholme Elmy (“The Infants’ Act, 1886,” p. 2).

It is consolatory to learn that a palliation of some part of the above unjust conditions has been achieved; yet how often has our presumedly happy land witnessed scenes of child misery and helpless mother-love, to which was denied even the poor consolation, so pathetically depicted by Mrs. Browning, in a scene which, as Moir truly says, “weighs on the heart like a nightmare”;—

“Do you hear the children weeping, oh! my brothers!

Ere the sorrow comes with years?

They are leaning their young heads against their mothers,

And that cannot stop their tears.”