the right which nature gave them, but which men had taken away by mistaken legislation.
This law of February 21, 1871, composed of several acts purporting to give fathers and mothers equal rights in cases of separation and divorce, is not so liberal as it seems in considering this provision:
Upon a decree of divorce the court may make such further decree as may be deemed expedient concerning the custody and maintenance of minor children, and determine with which of the parents the children shall remain.
This act, though declaring that the mother and father are equal, soon shows by its specifications that the courts can dispose of all woman's interests and affections as they may see fit. What avails a decree of divorce or separation for woman, if the court can give the children to the father at its pleasure? Here is the strong cord by which woman is held in bondage, and the courts, all composed of men, know this, and act on it in their decisions.
A petition was addressed to the constitutional commission of 1873, requesting an amendment restoring to the women of New Jersey their original right to vote, which that body decided would be "inexpedient." A bill introduced in the legislature by Senator Cutler, of Morris county, making women eligible to the office of school-trustee, became a law March 25, 1873:
Be it enacted, That hereafter no person shall be eligible to the office of school-trustee, unless he or she can read and write; and women who are residents in the district and over twenty years of age, shall also be eligible to the office of school-trustee, and may hold such office and perform the duties of the same, when duly elected by ten votes of the district.—[Chap. 386.
February 26, 1874, a law for the better protection of the property of married women was passed:
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, That any married woman who now is, or may hereafter become, entitled, by gift, devise or bequest, to any contingent estate, or any interest in any real or personal property or estate, may, with the concurrence of her husband, compound and receipt for, assign and convey the same, in all cases where she lawfully might, if a feme sole; and every release, receipt, assignment, discharge, agreement, covenant, or contract, thereupon entered into by her in regard to the same and to the said property, shall be as valid and binding in every respect, upon her, her heirs, executors, administrators, and assigns, and any and all persons claiming under her, them or either of them, as if she were at the time of entering into the same, a feme sole, and when duly executed and acknowledged in the manner provided by law for conveyance of real estate, may be recorded in the surrogate's office, and whenever it relates to real estate in the clerk's or recorder's office, of the proper county or counties, in the same manner and with like effect as other receipts and discharges may now be recorded therein. 2. And be it enacted. That this act shall take effect immediately.
A most remarkable trial, lately held in Newark, New Jersey, which involved the question whether it was contrary to Scripture, and a violation of the rules of the Presbyterian Church, to admit women to the pulpit, is well reported by the New York World, January 1, 1877:
