MEMORIAL.
We believe the whole theory of the Common Law in relation to woman is unjust and degrading, tending to reduce her to a level with the slave, depriving her of political existence, and forming a positive exception to the great doctrine of equality as set forth in the Declaration of Independence. In the language of Prof. Walker, in his "Introduction to American Law": "Women have no part or lot in the foundation or administration of the government. They can not vote or hold office. They are required to contribute their share, by way of taxes, to the support of the Government, but are allowed no voice in its direction. They are amenable to the laws, but are allowed no share in making them. This language, when applied to males, would be the exact definition of political slavery." Is it just or wise that woman, in the largest and professedly the freest and most enlightened republic on the globe, in the middle of the nineteenth century, should be thus degraded?
We would especially direct the attention of the Convention to the legal condition of married women. Not being represented in those bodies from which emanate the laws, to which they are obliged to submit, they are protected neither in person nor property. "The merging of woman's name in that of her husband is emblematical of the fate of all her legal rights." At the marriage-altar, the law divests her of all distinct individuality. Blackstone says: "The very being or legal existence of the woman is suspended during marriage, or at least incorporated or consolidated into that of her husband." Legally, she ceases to exist, and becomes emphatically a new creature, and is ever after denied the dignity of a rational and accountable being. The husband is allowed to take possession of her estates, as the law has proclaimed her legally dead. All that she has, becomes legally his, and he can collect and dispose of the profits of her labor without her consent, as he thinks fit, and she can own nothing, have nothing, which is not regarded by the law as belonging to her husband. Over her person he has a more limited power. Still, if he render life intolerable, so that she is forced to leave him, he has the power to retain her children, and "seize her and bring her back, for he has a right to her society which he may enforce, either against herself or any other person who detains her" (Walker, page 226). Woman by being thus subject to the control, and dependent on the will of man, loses her self-dependence; and no human being can be deprived of this without a sense of degradation. The law should sustain and protect all who come under its sway, and not create a state of dependence and depression in any human being. The laws should not make woman a mere pensioner on the bounty of her husband, thus enslaving her will and degrading her to a condition of absolute dependence.
Believing that woman does not suffer alone when subject to oppressive and unequal laws, but that whatever affects injuriously her interests, is subversive of the highest good of the race, we earnestly request that in the New Constitution you are about to form for the State of Ohio, women shall be secured, not only the right of suffrage, but all the political and legal rights that are guaranteed to men.
