Page:History of Woman Suffrage Volume 1.djvu/121

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Husband and Wife.
107

seem most likely to effect their safety and happiness." The Government of this country, in common with all others, has never recognized or attempted to protect women as persons possessing the rights of humanity. They have been recognized and protected as appendages to men, without independent rights or political existence, unknown to the law except as victims of its caprice and tyranny. This government, having therefore exercised powers underived from the consent of the governed, and having signally failed to secure the end for which all just government is instituted, should be immediately altered, or abolished.

We can not better describe the political condition of woman, than by quoting from a distinguished lawyer of our own State. Professor Walker, in his "Introduction to American Law," says

OF HUSBAND AND WIFE,

"We have a few statutory provisions on the subject, but for the most part the law of husband and wife is Common Law, and you will find that it savors of its origin in all its leading features. The whole theory is a slavish one, compared even with the civil law. I do not hesitate to say, by way of arousing your attention to the subject, that the law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. I do not mean to say that females are degraded in point of fact. I only say, that the theory of the law degrades them almost to the level of slaves." We thank Prof. Walker for his candor. He might have added that the practice of the law does degrade woman to the level of the slave. He also says:"With regard to political rights, females form a positive exception to the general doctrine of equality. They have no part nor lot in the formation or administration of government. They can not vote or hold office. We require them to contribute their share in the way of taxes for the support of government, but allow them no voice in its direction. We hold them amenable to the laws when made, but allow them no share in making them. This language applied to males, would be the exact definition of political slavery; applied to females, custom does not teach us so to regard it." Of married women he says: "The legal theory is, marriage makes the husband and wife one person, and that person is the husband. He the substantive, she the adjective. In a word, there is scarcely a legal act of any description that she is competent to perform. If she leaves him without cause, (legal) he may seize and bring her back, for he has a right to her society, which he may enforce, either against herself, or any other person, All her personality in regard to property becomes the husband's by marriage, unless the property has been specially secured to her. If the property be not in his possession, he may take measures to reduce it to possession. He can thus dispose of it in spite of her. If debts were due to her, he may collect them. If he was himself the debtor, the marriage cancels the debt. If she has earned money during marriage, he may collect it. In regard to realty (real estate) he controls the income, and without her consent he can not encumber, or dispose of the property beyond his own life." Women, married or single, have no political rights whatever. While single, their legal rights are the same as