FREE BOOKS

Author's List




PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  
he sexes; that the laws on marriage and divorce rested equally on man and woman; that he suffers, as much as she possibly could, the wrongs and abuses of an ill-assorted marriage.' "Now it must strike every careful thinker that an immense difference rests in the fact that man has made the laws cunningly and selfishly for his own purpose. From Coke down to Kent, who can cite one clause of the marriage contract where woman has the advantage? When man suffers from false legislation he has his remedy in his own hands. Shall woman be denied the right of protest against laws in which she had no voice; laws which outrage the holiest affections of her nature; laws which transcend the limits of human legislation, in a convention called for the express purpose of considering her wrongs? He might as well object to a protest against the injustice of hanging a woman, because capital punishment bears equally on man and woman. "The contract of marriage is by no means equal. The law permits the girl to marry at twelve years of age, while it requires several years more of experience on the part of the boy. In entering this compact, the man gives up nothing that he before possessed, he is a man still; while the legal existence of the woman is suspended during marriage, and, henceforth, she is known but in and through the husband. She is nameless, purseless, childless--though a woman, an heiress, and a mother. "Blackstone says: 'The husband and wife are one, and that one is the husband.' Chancellor Kent, in his 'Commentaries' says: 'The legal effects of marriage are generally deducible from the principle of the common law, by which the husband and wife are regarded as one person, and her legal existence and authority lost or suspended during the continuance of the matrimonial union.' "The wife is regarded by all legal authorities as a _feme covert_, placed wholly _sub potestate viri_. Her moral responsibility, even, is merged in her husband. The law takes it for granted that the wife lives in fear of her husband; that his command is her highest law; hence a wife is not punishable for the theft committed in the presence of her husband. An unmarried woman can make contracts, sue and be sued, enjoy the rights of property, to her inheritance--to her wag
PREV.   NEXT  
|<   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172  
173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   >>   >|  



Top keywords:

husband

 

marriage

 
contract
 

suspended

 

existence

 

regarded

 

protest

 

legislation

 

suffers

 
equally

purpose
 

wrongs

 

heiress

 
mother
 
childless
 

contracts

 

purseless

 
Blackstone
 

Commentaries

 
effects

generally

 
Chancellor
 
unmarried
 

nameless

 

inheritance

 

possessed

 
property
 

henceforth

 

deducible

 
rights

presence
 

wholly

 

covert

 

potestate

 

responsibility

 

granted

 

command

 

authorities

 

authority

 
person

committed
 
merged
 

common

 

continuance

 

highest

 
matrimonial
 

punishable

 

principle

 

clause

 

cunningly