The law professes to punish seduction and rape; but when either or both are proved, what are the sentences? In nine cases out of ten, scarcely so severe as for damaging an animal belonging to a neighbor. Occasionally, when the cases have been atrociously aggravating, a man has been hung for poisoning his wife, or one has been sent to the penitentiary for rape; but the instances are more frequent in which the criminal escapes punishment. It is contended that, usually, the women who are murdered, or otherwise maltreated, are ill-tempered, drunken creatures, and therefore not worthy the protection of the law. Would these same parties contend that because a man was ill-tempered, drunken, or dissolute, therefore his wife was scarcely to be punished for foully murdering him? Not at all. The universal testimony would be that she was a shockingly wicked wretch.
Women, as well as men, have to contend with infirmities of temper; and they quite as well succeed in controlling or keeping them in check. There are both men and women, unfortunately, who let their evil passions run riot till they are torments to all who have any thing to do with them. Some women, naturally gentle and kind, have been so ill-treated, so shamefully tyrannized over, that in process of time the "milk of human kindness in their breasts has turned to gall;" and the gall is then bitter enough. Would not men, in similar circumstances, be just as bitter?
There is a certain class of women, however, who as a rule are likely to become fretful and ill-tempered as they grow in years: girls who are allowed to grow up with uninformed judgments, who are taught that the chief end and aim of woman is to captivate and please the opposite sex, who are taught to think a pretty face and delicate figure of more importance than good sense or a thorough education. And yet it is a fact worthy of notice, that those who most eloquently assert their great superiority over the entire sex, are the very men most easily led—ay, and duped—by dressy, frivolous, brainless women. It would be a misfortune, scarcely to be endured, for such men to have wives who know too much.
That there should be a head to every family, is self-evident. A man and his wife, according to Scripture, should be one; and the corporate head is best qualified to govern a family, or manage an estate in which both have a common interest, and therefore ought to have an equal voice. What one lacks, the other may have. The man may be overconfident, the woman too cautious; by counseling together, a proper and safe medium is arrived at.
One-half of the property in the matrimonial firm should always be regarded as belonging to the wife. And if a man and his wife fail to agree as to the advantage, or even safety, of a proposed scheme, and he is still determined to act upon his own judgment, contrary to that of his wife, he should never, in such case, risk more than one-half of the property.
What right has a man, except that "might makes right," to hazard all he has in wild speculations, or by indorsing for some friend or boon companion, despite his wife's expostulations, or without her knowledge? Yet it is done every day, and all lost; and if women who see their children and themselves thus reduced to poverty, complain, they are stigmatized as fretful, unwomanly grumblers. Their husbands, says the world, had a right to do as they pleased with the property in their possession. What if the wife had earned or inherited half, or even the whole, of it! what should women know about business?
In indorsing, especially, a man should be restrained by law, under pains and penalties, from indorsing to amounts exceeding one-half of his property; and no indorsement in excess of that amount should be allowed to constitute a legal claim.
But is it really right to indorse for any one, under any circumstances? Why should a third party encumber his estate, and run the risk of ruining himself and his family, to secure the payment of a debt in which he has no personal interest, simply to make a capitalist secure in the investing of his funds, or in the profitable disposal of his property on credit? If the lender can not trust the party who deals directly with him, let there be no credit. It is manifestly a departure from the line of duty for a man to jeopard the means of maintenance for his family, without any prospect of advantage to himself or them. It is as much a great moral wrong for a man to rob his wife and children as it is to rob strangers, although commercial usage and the laws of mankind may declare the reverse. "He that is surety for a stranger shall smart for it: and he that hateth suretyship is sure." (Proverbs xi, 15.)
It may be said that to refuse to indorse would retard trade. Let it be retarded, then; for why should the capitalist have two chances to the trader's one? If the man trusted is unsuccessful, why, to enrich the capitalist who loans his money for his own gain, should an innocent family be impoverished, who reaped no benefit, and were expected to reap no benefit, from the transaction? How many families have thus been brought to ruin, the day of Judgment alone will reveal.
In many countries the law of primogeniture prevails, though, happily, in the United States and Canada it has been abolished. Whether the interests of the mothers and younger members of families ever were in any degree the better provided for by every thing being placed at the absolute disposal of the eldest son, is a doubtful question. It may have been that, in the old barbaric times, when women and children were a prey to every bold marauder who chose to prey upon them, that the law was intended for their protection, the eldest son or brother being the person most likely to be able to protect them; and the property, not being subdivided and scattered, was more easily defended; and it might have been expected that natural affection would cause the heir to deal justly with his mother and the other children.