Such a law speaks volumes of the abuse of that power which men have vested in their own hands. Still the private examination of a wife, to know whether she accedes to the disposition of property made by her husband is, in most cases, a mere form; a wife dares not do what will be disagreeable to one who is, in his own estimation, her superior, and who makes her feel, in the privacy of domestic life, that she has thwarted him. With respect to the nullity of deeds or acts done by a wife, I will mention one circumstance. A respectable woman borrowed of a female friend a sum of money to relieve her son from some distressing pecuniary embarrassment. Her husband was from home, and she assured the lender, that as soon as he returned, he would gratefully discharge the debt. She gave her note, and the lender, entirely ignorant of the law that a man is not obliged to discharge such a debt, actually borrowed the money, and lent it to the distressed and weeping mother. The father returned home, refused to pay the debt, and the person who had loaned the money was obliged to pay both principal and interest to the friend who lent it to her. Women should certainly know the laws by which they are governed, and from which they frequently suffer; yet they are kept in ignorance, nearly as profound, of their legal rights, and of the legislative enactments which are to regulate their actions, as slaves.
‘The husband, by the old law, might give his wife moderate correction, as he is to answer for her misbehavior. The law thought it reasonable to entrust him with this power of restraining her by domestic chastisement. The courts of law will still permit a husband to restrain a wife of her liberty, in case of any gross misbehavior.’
What a mortifying proof this law affords, of the estimation in which woman is held! She is placed completely in the hands of a being subject like herself to the outbursts of passion, and therefore unworthy to be trusted with power. Perhaps I may be told respecting this law, that it is a dead letter, as I am sometimes told about the slave laws; but this is not true in either case. The slaveholder does kill his slave by moderate correction, as the law allows; and many a husband, among the poor, exercises the right given him by the law, of degrading woman by personal chastisement. And among the higher ranks, if actual imprisonment is not resorted to, women are not unfrequently restrained of the liberty of going to places of worship by irreligious husbands, and of doing many other things about which, as moral and responsible beings, they should be the sole judges. Such laws remind me of the reply of some little girls at a children’s meeting held recently at Ipswich. The lecturer told them that God had created four orders of beings with which he had made us acquainted through the Bible. The first was angels, the second was man, the third beasts; and now, children, what is the fourth? After a pause, several girls replied, ‘WOMEN.’
‘A woman’s personal property by marriage becomes absolutely her husband’s, which, at his death, he may leave entirely away from her.’
And farther, all the avails of her labor are absolutely in the power of her husband. All that she acquires by her industry is his; so that she cannot, with her own honest earnings, become the legal purchaser of any property. If she expends her money for articles of furniture, to contribute to the comfort of her family, they are liable to be seized for her husband’s debts: and I know an instance of a woman, who by labor and economy had scraped together a little maintenance for herself and a do-little husband, who was left, at his death, by virtue of his last will and testament, to be supported by charity. I knew another woman, who by great industry had acquired a little money which she deposited in a bank for safe keeping. She had saved this pittance whilst able to work, in hopes that when age or sickness disqualified her for exertion, she might have something to render life comfortable, without being a burden to her friends. Her husband, a worthless, idle man, discovered this hid treasure, drew her little stock from the bank, and expended it all in extravagance and vicious indulgence. I know of another woman, who married without the least idea that she was surrendering her rights to all her personal property. Accordingly, she went to the bank as usual to draw her dividends, and the person who paid her the money, and to whom she was personally known as an owner of shares in that bank, remarking the change in her signature, withdrew the money, informing her that if she were married, she had no longer a right to draw her dividends without an order from her husband. It appeared that she intended having a little fund for private use, and had not even told her husband that she owned this stock, and she was not a little chagrined, when she found that it was not at her disposal. I think she was wrong to conceal the circumstance. The relation of husband and wife is too near and sacred to admit of secrecy about money matters, unless positive necessity demands it; and I can see no excuse for any woman entering into a marriage engagement with a design to keep her husband ignorant that she was possessed of property. If she was unwilling to give up her property to his disposal, she had infinitely better have remained single. The laws above cited are not very unlike the slave laws of Louisiana.
‘All that a slave possesses belongs to his master; he possesses nothing of his own, except what his master chooses he should possess.’
‘By the marriage, the husband is absolutely master of the profits of the wife’s lands during the coverture, and if he has had a living child, and survives the wife, he retains the whole of those lands, if they are estates of inheritance, during his life; but the wife is entitled only to one third if she survives, out of the husband’s estates of inheritance. But this she has, whether she has had a child or not.’ ‘With regard to the property of women, there is taxation without representation; for they pay taxes without having the liberty of voting for representatives.’
And this taxation, without representation, be it remembered, was the cause of our Revolutionary war, a grievance so heavy, that it was thought necessary to purchase exemption from it at an immense expense of blood and treasure, yet the daughters of New England, as well as of all the other States of this free Republic, are suffering a similar injustice—but for one, I had rather we should suffer any injustice or oppression, than that my sex should have any voice in the political affairs of the nation.
The laws I have quoted, are, I believe, the laws of Massachusetts, and, with few exceptions, of all the States in this Union. ‘In Louisiana and Missouri, and possibly, in some other southern States, a woman not only has half her husband’s property by right at his death, but may always be considered as possessed of half his gains during his life; having at all times power to bequeath that amount.’ That the laws which have generally been adopted in the United States, for the government of women, have been framed almost entirely for the exclusive benefit of men, and with a design to oppress women, by depriving them of all control over their property, is too manifest to be denied. Some liberal and enlightened men, I know, regret the existence of these laws; and I quote with pleasure an extract from Harriet Martineau’s Society in America, as a proof of the assertion. ‘A liberal minded lawyer of Boston, told me that his advice to testators always is to leave the largest possible amount to the widow, subject to the condition of her leaving it to the children; but that it is with shame that he reflects that any woman should owe that to his professional advice, which the law should have secured to her as a right.’ I have known a few instances where men have left their whole property to their wives, when they have died, leaving only minor children; but I have known more instances of ‘the friend and helper of many years, being portioned off like a salaried domestic,’ instead of having a comfortable independence secured to her, while the children were amply provided for.
As these abuses do exist, and women suffer intensely from them, our brethren are called upon in this enlightened age, by every sentiment of honor, religion and justice, to repeal these unjust and unequal laws, and restore to woman those rights which they have wrested from her. Such laws approximate too nearly to the laws enacted by slaveholders for the government of their slaves, and must tend to debase and depress the mind of that being, whom God created as a help meet for man, or ‘helper like unto himself,’ and designed to be his equal and his companion. Until such laws are annulled, woman never can occupy that exalted station for which she was intended by her Maker. And just in proportion as they are practically disregarded, which is the case to some extent, just so far is woman assuming that independence and nobility of character which she ought to exhibit.