During the separation of husband and wife, it is for the court now to decide, under the circumstances of each case, whether father or mother has such custody. (2 R. S. 330, 332).
When both seek such custody, and both are equally qualified for it, that of daughters and young children is usually given to the mother, and that of the sons to the father, but this is in the discretion of the Court.
The earnings of the husband are his. The earnings of the wife are his, if she live with him and he support her.
But he can not compel her to work for him. And if she separate from him for cause, he may be restrained for intermeddling with her earnings.
The husband's abandonment and his refusal or neglect to provide for her, are good causes of separation. (2 R. S. 329, sec. 53, sub. 3).
For the husband's torts the wife is not liable. For the wife's torts, committed by her before marriage or during marriage the husband is liable jointly with the wife. If committed by the wife and husband, or committed by the wife in his presence and without objecting, the husband is liable alone. (1 Chitty Pl., 105, 7th American edition). Nay, even felonies (excepting murder, manslaughter, treason, and robbery), are excusable in the wife if committed in the husband's presence and by his coercion—and such coercion is presumed from his presence. For this he must suffer and she must be spared. (Barb. Crim. Law, 247 and 348, and cases there cited).
In actions or lawsuits between men and women, the law in theory claims to be impartial, but in practice it has not been impartial. Before a Court of male judges or a jury of men the bias is in favor of the woman; and if she is pleasing, in person and manners, such bias is sometimes pretty strong.
If the man and woman between whom litigation arises are husband and wife, the Court may accord an allowance to be advanced by her husband, to enable her to defray the expenses of the litigation.
[125] Woman's Rights.—Circulate the Petitions.—The design of the Convention held last week in Rochester, was to bring the subject of Woman's legal and civil disabilities, in a dignified form, before the Legislature of New York. Convinced, as the friends of the movement are, that in consistency with the principles of Republicanism, females, equally with males, are entitled to Freedom, Representation, and Suffrage, and confident as they are that woman's influence will be found to be as refining and elevating in public as all experience proves it to be in private, they claim that one-half of the people and citizens of New York should no longer be governed by the other half, without consent asked and given. Encouraged by reforms already made, in the barbarous usages of common law, by the statutes of New York, the advocates of woman's just and equal rights demand that this work of reform be carried on, until every vestige of partiality is removed. It is proposed, in a carefully prepared address to specify the remaining legal disabilities from which the women of this State suffer; and a hearing is asked before a joint committee of both Houses, specially empowered to revise and amend the statutes. Now is this movement right in principle? Is it wise in policy? Should the females of New York be placed on a level of equality with males before the law? If so, let us petition for impartial justice to Women. In order to ensure this equal justice should the females of New York, like the males, have a voice in appointing the law-makers and law-administrators? If so let us petition for Woman's right to Suffrage. Finally, what candid man will be opposed to a reference of the whole subject to the Representatives of New York, whom the men of New York themselves elected. Let us then petition for a hearing before the Legislature. A word more, as to the petitions, given below. They are two in number; one for the Just and Equal Rights of Woman; one for Woman's Right to Suffrage. It is designed that they should be signed by men and women, of lawful age—that is, of twenty-one years and upwards. The following directions are suggested: 1. Let persons, ready and willing, sign each of the petitions; but let not those, who desire to secure Woman's Just and Equal Rights, hesitate to sign that petition because they have doubts as to the right or expediency of women's voting. The petitions will be kept separate, and offered separately. All fair-minded persons, of either sex, ought to sign the first petition. We trust that many thousands are prepared to sign the second also. 2. In obtaining signatures, let men sign in one column, and women in another parallel column. 3. Let the name of the town and county, together with the number of signatures, be distinctly entered on the petitions before they are returned. 4. Let every person, man or woman, interested in this movement, instantly and energetically circulate the petitions in their respective neighborhoods. We must send in the name of every person in the State, who desires full justice to woman, so far as it is possible. Up then, friends, and be doing, to-day. 5. Let no person sign either petition but once. As many persons will circulate petitions in the same town and county, it is important to guard against this possible abuse. 6. Finally, let every petition be returned to Rochester, directed to the Secretary of the Convention, Susan B. Anthony, on the first of February, without fail. In behalf of the Business Committee.
William Henry Channing.