of real estate in order to bar her contingent interest therein; and there are certainly far more powerful reasons why her consent should be necessary to the conveyance or transfer of her own offspring to the care, teaching, and control of another.
When the husband from any cause neglects to provide for the support and education of his family, the wife should have the right to collect and receive her own earnings and the earnings of her minor children, and apply them to the support and education of the family free from the control of the husband, or any person claiming the same through him.
There are many other rules of law applicable to the relation of husband and wife which, in occasional cases, bear hard upon the one or the other, but your Committee do not deem it wise that a new arrangement of our laws of domestic relations should be attempted to obviate such cases; they always have and always will arise out of every subject of legal regulation.
There is much of wisdom (which may well be applied to this and many other subjects) in the quaint remark of an English lawyer, philosopher, and statesman, that "it were well that men in their innovations would follow the example of time, which innovate th greatly but quietly, and by degrees scarcely to be perceived. It is good also in states not to try experiments, except the necessity be urgent and the utility evident; and well to beware that it be the reformation that draweth on the change, and not the desire of change that pretendeth the reformation."
In conclusion, your Committee recommend that the prayer of the petitioners be denied; and they ask leave to introduce a bill[1] corresponding with the suggestions hereinbefore contained.The report was signed by James L. Angle and all the members of the Committee except Mr. Richards.
Of the report on the petitions, Mr. Weed says:
Mr. Angle, from the Select Committee of the Assembly, to which the woman's rights petitions were referred, made a report last evening, which we publish elsewhere to-day. It is a compact, lucid, and ably drawn document, highly creditable to its author, and becomingly respectful to
- ↑ An Act Relative to the Rights of Married Women:—The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. Any married woman whose husband, from drunkenness, profligacy, or any other cause, shall neglect and refuse to provide for her support and education, or the support and education of her children, and any married woman who may be deserted by her husband, shall have the right, by her own name, to receive and collect her own earnings, and apply the same for her own support, and the support and education of her children, free from the control and interference of her husband, or from any person claiming to be released from the same by and through her husband. 2. Hereafter it shall be necessary to the validity of any indenture of apprenticeship executed by the father, that the mother of such child, if she be living, shall, in writing, consent to such indentures; nor shall any appointment of a general guardian of the person of a child by the father be valid, unless the mother of such child, if she be living, shall, in writing, consent to such appointment.
