O., N. Y.,}
_November 25, 1880_.}
MRS. MATILDA JOSLYN GAGE:
_Dear Madam_:--I was much gratified at the receipt of your letter
of the 22d inst., making inquiries into the history of the law of
1848 in regard to married women holding property independently of
their husbands. That the "truth of history" may be made plain, I
have looked over the journals of the Senate and Assembly, and
taken full notes, which I request you to publish, if you put any
part of this letter in print.
I have very distinct recollections of the whole history of this
very radical measure. Judge Fine, of St. Lawrence, was its
originator, and he gave me his reasons for introducing the bill.
He said that he married a lady who had some property of her own,
which he had, all his life, tried to keep distinct from his, that
she might have the benefit of her own, in the event of any
disaster happening to him in pecuniary matters. He had found much
difficulty, growing out of the old laws, in this effort to
protect his wife's interests.
Judge Fine was a stately man, and of general conservative
tendencies, just the one to hold on to the past, but he was a
just man, and did not allow his practice as a lawyer, or his
experience on the bench, to obscure his sense of right. I
followed him, glad of such a leader.
I, too, had special reasons for desiring this change in the law.
I had a young daughter, who, in the then condition of my health,
was quite likely to be left in tender years without a father, and
I very much desired to protect her in the little property I might
be able to leave. I had an elaborate will drawn by my old law
preceptor, Vice-Chancellor Lewis H. Sandford, creating a trust
with all the care and learning he could bring to my aid. But when
the elaborate paper was finished, neither he or I felt satisfied
with it. When the law of 1848 was passed, all I had to do was to
burn this will.
In this connection I wish to say that the Speaker of the
Assembly, Mr. Hadley, gave aid in the passage of this law that
was essential. Very near the end of the session of the
Legislature he assured me that if the bill passed the Senate, he
would see that it passed the House. By examining my notes of the
Assembly's action,
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