This is the vital point of interest to the vast majority of married women, since it is only the few who ever possess anything through separate earnings or inheritance. A law securing to the wife the absolute right to one-half the joint earnings, and at the death of the husband, the same control of property and children that he has when she dies, might make some show of justice; but it is a provision not yet on the statute-books of any civilized nation on the globe.
The seeming sophistry of Judge Folger may be traced to the universal fact that man does not appreciate the arduous and unremitting labors of the wife in the household, or her settled dissatisfaction in having no pecuniary recompense for her labors. No man with cultured brain and skilled hands would consider himself recompensed for a life of toil in being provided with shelter, food, and clothes while his employer was living, to be cut down in his old age to a mere pittance; yet such is the fate of the majority of wives and widows under the most beneficent provisions of our statutes in this favored republic. True, the law says "the husband shall maintain the wife in accordance with his circumstances"; he being judge, jury, executive. Though she may toil incessantly, and her duties be far more exhaustive than his, yet he is supposed to maintain her, and the joint property is always disposed of on that basis. Legislation for woman proceeds on the assumption, that all she needs is a bare support; and that she is destitute of the natural human desire to accumulate, possess, and control the results of her own labor.
FOOTNOTES:
[89] Jerry McHenry was an athletic mulatto, a cooper by trade, who had been living in Syracuse for many years, since his escape from slavery. On the 13th of October, 1850, there was an attempt to kidnap him, but the Abolitionists, with such men as Samuel J. May and Gerrit Smith at their head, succeeded in rescuing him by a coup d'état, from the officers of the law, which involved several trials in Auburn, Canandaigua, Buffalo, and Albany. As this occurred soon after the passage of the Fugitive Slave Law, the leading Abolitionists were determined to test its constitutionality in the courts. It was so systematically and universally violated, that it soon became a dead letter.
[90] A Heroic Woman.—Mrs. Margaret Freeland, of Syracuse, was recently arrested upon a warrant issued on complaint of Emanuel Rosendale, a rum-seller, charging her with forcing an entrance to his house, and with stones and clubs smashing his doors and windows, breaking his tumblers and bottles, and turning over his whisky barrels and spilling their contents. Great excitement was produced by this novel case. It seems that the husband of Mrs. Freeland was a drunkard—that he was in the habit of abusing his wife, turning her out of doors, etc., and this was carried so far that the police frequently found it necessary to interfere to put a stop to his ill-treatment of his family. Rosendale, the complainant, furnished Freeland with the liquor which turned him into a demon. Mrs. Freeland had frequently told him of her sufferings and besought him to refrain from giving her husband the poison. But alas! she appealed to a heart of stone. He disregarded her entreaties and spurned her from his door. Driven to desperation she armed herself, broke into the house, drove out the base-hearted landlord and proceeded upon the work of destruction.
She was brought before the court and demanded a trial. The citizens employed Charles B. Sedgwick, Esq., as her counsel, and prepared to justify her assault upon legal grounds. Rosendale, being at once arrested on complaint of Thomas L. Carson for selling liquor unlawfully, and feeling the force of the storm that was gathering over his head, appeared before the Justice, withdrew his complaint against Mrs. Freeland, paid the costs, and gave bail on the complaint of Mr. Carson, to appear at the General Sessions, and answer to an indictment should there be one found.
Mrs. Freeland is said to be "the pious mother of a fine family of children, and a highly respectable member of the Episcopal Church."
The Carson League commenting on this affair says:
"The rum-seller cowered in the face of public feeling. This case shows that public feeling will justify a woman whose person or family is outraged by a rum-seller, for entering his grocery or tavern and destroying his liquor. If the law lets loose a tiger upon her, she may destroy it. She has no other resort but force to save herself and her children. Were the women of this city to proceed in a body and destroy all the liquor of all the taverns and groceries, they would be justified by law and public opinion. Women should take this war into their hands, when men take side with the murderers of their peace.