With singular inconsistency almost their first act, while it secured to one-half the people of the body politic the right to tax and govern themselves, subjected the other half to the very oppression which had culminated in the rebellion of the colonies, "taxation without representation," and the inflictions of an authority to which they had not given their consent. The constitutional provision which enfranchised the male population of the new State and secured to it self-governing rights, disfranchised its women, and eventuated in a tyrannical use of power, which, exercised by husbands, fathers, and brothers, is infinitely more intolerable than the despotic acts of a foreign ruler.
As if left ignobly to illustrate the truths of their noble declarations, no sooner did the enfranchised class enter upon the exercise of their usurped powers than they proceeded to alienate from the mothers of humanity rights declared to be inseparable from humanity itself! Had they thrust the British yoke from the necks of their wives and daughters as indignantly as they thrust it from their own, the legal subjection of the women of to-day would not stand out as it now does—the reproach of our republican government. As if sons did not follow the condition of the mothers—as if daughters had no claim to the birthright of the fathers—they established for disfranchised woman a "dead line," by retaining the English common law of marriage, which, unlike that of less liberal European governments, converts the marriage altar into an executioner's block and recognizes woman as a wife only when so denuded of personal rights that in legal phrase she is said to be—"dead in law"!
More considerate in the matter of forms than the highwayman who kills that he may rob the unresisting dead, our gallant fathers executed women who must need cross the line of human happiness—legally; and administered their estate; and decreed the disposition of their defunct personalities in legislative halls; only omitting to provide for the matrimonial crypt the fitting epitaph: "Here lies the relict of American freedom—taxed to pauperism, loved to death!"
With all the modification of the last quarter, of a century, our English law of marriage still invests the husband with a sovereignty almost despotic over his wife. It secures to him her personal service and savings, and the control and custody of her person as against herself. Having thus reduced the wife to a dead pauper owing service to her husband, our shrewd forefathers, to secure the bond, confiscated her natural obligations as a child and a mother. Whether married or single, only inability excuses a son from the legal support of indigent and infirm parents. The married daughter, in the discharge of her wifely duties, may tenderly care and toil for her husband's infirm parents, or his children and grandchildren by a prior marriage, while her own parents, or children by a prior marriage—legally divested of any claim on her or the husband who absorbs her personal services and earnings—are sent to the poor-house, or pine in bitter privation; except with consent of her husband, she can give neither her personal care nor the avails of her industry, for their benefit. So, to be a wife, woman ceases, in law, to be anything else—yields up the ghost of a legal existence! That she escapes the extreme