History of Woman Suffrage Volume I Part 88

[123] _Vice-Presidents._--Ernestine L. Rose, New York; S. C. Cuyler, Wayne; Amy Post, Rochester; Mary F. Love, Randolph; Amelia Bloomer, Seneca Falls; Caroline Keese, Cayuga; Griffith M. Cooper, Wayne.; Rev.

Antoinette L. Brown, South Butler; Matilda Joslyn Gage, Manlius; Rev.

J. W. Loguin, Syracuse; Sarah A. Burtis, Rochester; Emma R. Coe, Buffalo.

_Secretaries._--Susan B. Anthony, Sarah Pellet, Wm. J. Watkins, and Sarah Willis.

_Finance Committee._--Mary S. Anthony, Mary H. Hallowell, E. J.

Jenkins, Lucy Colman, and Mary Cooper.

_Business Committee._--Ernestine L. Rose, William Henry Channing, Antoinette L. Brown, Frederick Dougla.s.s, Amy Post, and Samuel J. Love.

[124] Mr. Hopkins further stated that, tenancy by the courtesy operates in favor of the husband, not of the wife. It is the husband's right during his life to the use of the wife's real estate from her death, in case of a child or children born of the marriage. It is defeasible now by the wife's will.--Cow. Rep. 74, 2 K. S., 4th Ed.

331. Tenancy by right of dower is the wife's right during her life to the use of one-third of the husband's real estate from his death. It operates in favor of the wife and not in favor of the husband, and is indefeasible by the husband's will or the husband's acts while living, and does not depend upon the birth of a child by the marriage.

The order of distribution of the husband's personal property on his death is as follows, viz.: 1st, the widow of a family takes articles exempt from execution as hers, also $150 worth of property besides.

2d, she has one-third of the personal property, absolutely--if there be no children, one-half, and if there be no parent or descendant, she is ent.i.tled, of the residue, to $2,000, and if also no brother, sister, nephew, or niece, all the residue. This order may be varied or defeated by his will.

The order of distribution of the wife's personal property on her death without will is as follows: It goes, after paying her debts, to her husband, if living; if not, then 1st, to her children, 2d to her father, 3d to her mother, 4th to her collateral relatives. This order may be varied or defeated by her will. She may devise it as she may please.

His property before marriage continues his after marriage, subject to her inchoate rights of dower.

Her property before marriage continues hers absolutely.

Upon marriage he is liable to support her, and may be compelled to do it if he prove refractory.

She is not liable to support him, however wealthy she may be, or poor he may be.

He is liable to support the children. She is not so liable, though possessed of millions.

The husband is the guardian of the wife, as against third persons.

(Page 488). But he has no power to preserve, retain, or regain the custody of her against her will. (Page 47).

He may maintain his action against third persons for enticing her away or harboring her. But this harboring, to be actionable, must be more than a mere permission to her to stay with such third person. (4 Barb.

225).

If the husband seek to take away his wife by force, it is an a.s.sault and battery upon her. If a third person, resists such force at her request he is not liable to any action. (Barb. 156).

The wife is not the husband's guardian, but if he will desert her he may be put under bonds for her support and the support of her children by him. (2 Rev. Stat., 4th Ed., pp. 53, 54).

The husband is liable for the debts of the wife contracted before marriage, but only now to the extent of her property received by him.

(7 W. R. 237, 1st Chitty Pl., 66 to 68, laws of 1853). And he is liable for her debts contracted during marriage, if permitted by him, or if for necessaries which he neglected to provide.

The wife is not liable for her husband's debts contracted at any time.

The law casts the custody of the minor children upon the father and not upon the mother. But if this custody is abused, it is by the Court to the mother.

The father may appoint a guardian for his infant children. (2 Rev.

Stat. 33.) But the Court will not allow such guardian to take the children out of the State against the mother's will, much less to separate them unjustly from the mother even though the father's will command it. (5, page 596).

During the separation of husband and wife, it is for the court now to decide, under the circ.u.mstances of each case, whether father or mother has such custody. (2 R. S. 330, 332).

When both seek such custody, and both are equally qualified for it, that of daughters and young children is usually given to the mother, and that of the sons to the father, but this is in the discretion of the Court.

The earnings of the husband are his. The earnings of the wife are his, if she live with him and he support her.

But he can not compel her to work for him. And if she separate from him for cause, he may be restrained for intermeddling with her earnings.

The husband's abandonment and his refusal or neglect to provide for her, are good causes of separation. (2 R. S. 329, sec. 53, sub. 3).

For the husband's torts the wife is not liable. For the wife's torts, committed by her before marriage or during marriage the husband is liable jointly with the wife. If committed by the wife and husband, or committed by the wife in his presence and without objecting, the husband is liable alone. (1 Chitty Pl., 105, 7th American edition).

Nay, even felonies (excepting murder, manslaughter, treason, and robbery), are excusable in the wife if committed in the husband's presence and by his coercion--and such coercion is presumed from his presence. For this he must suffer and she must be spared. (Barb. Crim.

Law, 247 and 348, and cases there cited).

In actions or lawsuits between men and women, the law in theory claims to be impartial, but in practice it has not been impartial. Before a Court of male judges or a jury of men the bias is in favor of the woman; and if she is pleasing, in person and manners, such bias is sometimes pretty strong.

If the man and woman between whom litigation arises are husband and wife, the Court may accord an allowance to be advanced by her husband, to enable her to defray the expenses of the litigation.

[125] WOMAN'S RIGHTS.--_Circulate the Pet.i.tions_.--The design of the Convention held last week in Rochester, was to bring the subject of Woman's legal and civil disabilities, in a dignified form, before the Legislature of New York. Convinced, as the friends of the movement are, that in consistency with the principles of Republicanism, females, equally with males, are ent.i.tled to Freedom, Representation, and Suffrage, and confident as they are that woman's influence will be found to be as refining and elevating in public as all experience proves it to be in private, they claim that one-half of the people and citizens of New York should no longer be governed by the other half, without consent asked and given. Encouraged by reforms already made, in the barbarous usages of common law, by the statutes of New York, the advocates of woman's just and equal rights demand that this work of reform be carried on, until every vestige of partiality is removed.

It is proposed, in a carefully prepared address to specify the remaining legal disabilities from which the women of this State suffer; and a hearing is asked before a joint committee of both Houses, specially empowered to revise and amend the statutes. Now is this movement right in principle? Is it wise in policy? Should the females of New York be placed on a level of equality with males before the law? If so, let us pet.i.tion for impartial justice to Women. In order to ensure this equal justice should the females of New York, like the males, have a voice in appointing the law-makers and law-administrators? If so let us pet.i.tion for Woman's right to Suffrage. Finally, what candid man will be opposed to a reference of the whole subject to the Representatives of New York, whom the men of New York themselves elected. Let us then pet.i.tion for a hearing before the Legislature. A word more, as to the pet.i.tions, given below. They are two in number; one for the Just and Equal Rights of Woman; one for Woman's Right to Suffrage. It is designed that they should be signed by men and women, of lawful age--that is, of twenty-one years and upwards. The following directions are suggested: 1. Let persons, ready and willing, sign each of the pet.i.tions; but let not those, who desire to secure Woman's Just and Equal Rights, hesitate to sign that pet.i.tion because they have doubts as to the right or expediency of women's voting. The pet.i.tions will be kept separate, and offered separately. All fair-minded persons, of either s.e.x, ought to sign the first pet.i.tion. We trust that many thousands are prepared to sign the second also. 2. In obtaining signatures, let men sign in one column, and women in another parallel column. 3. Let the name of the town and county, together with the number of signatures, be distinctly entered on the pet.i.tions before they are returned. 4. Let every person, man or woman, interested in this movement, instantly and energetically circulate the pet.i.tions in their respective neighborhoods. We must send in the name of every person in the State, who desires full justice to woman, so far as it is possible. Up then, friends, and be doing, to-day. 5. Let no person sign either pet.i.tion but once. As many persons will circulate pet.i.tions in the same town and county, it is important to guard against this possible abuse. 6. Finally, let every pet.i.tion be returned to Rochester, directed to the Secretary of the Convention, Susan B. Anthony, on the first of February, without fail.

In behalf of the Business Committee.

WILLIAM HENRY CHANNING.

ROCHESTER, _Dec. 8, 1853_.

PEt.i.tION FOR THE JUST AND EQUAL RIGHTS OF WOMEN.--The Legislature of the State of New York have, by the Acts of 1848 and 1849, testified the purpose of the people of this State to place married women on an equality with married men, in regard to the holding, conveying, and devising of real and personal property. We, therefore, the undersigned pet.i.tioners, inhabitants of the State of New York, male and female, having attained to the legal majority, believing that women, alike married and single, do still suffer under many and grievous legal disabilities, do earnestly request the Senate and a.s.sembly of the State of New York to appoint a Joint Committee of both Houses, to revise the Statutes of New York, and to propose such amendments as will fully establish the legal equality of women with men; and we hereby ask a hearing before such Committee by our accredited Representatives.

PEt.i.tION FOR WOMAN'S RIGHT TO SUFFRAGE.--Whereas, according to the Declaration of our National Independence, governments derive their just powers from the consent of the governed, we earnestly request the Legislature of New York to propose to the people of the State such amendments of the Const.i.tution of the State as will secure to females an equal right to the Elective Franchise with males; and we hereby ask a hearing before the Legislature by our accredited Representatives.

N. B.--Editors throughout the State in favor of this movement are respectfully requested to publish this address and the pet.i.tions.

[126] _President_.--Elizabeth Cady Stanton.

_Vice-Presidents_.--Rev. S. J. May, Ernestine L. Rose, New York; Hon.

William Hay Saratoga; William H. Topp, Albany; Lydia A. Jenkins, Geneva; Lydia Mott, Albany; Mary F. Love, Randolph.

_Business Committee_.--Rev. Antoinette L. Brown, South Butler; W. H.

Channing, Rochester; Mrs. Catherine A. F. Stebbins, Mrs. Phebe H.

Jones, Troy.

_Secretaries_.--Susan B. Anthony, Sarah Pellet.

_Finance Committee_.--Mary S. Anthony, Rochester; Anna W. Anthony, Cayuga.

[127] AN ACT RELATIVE TO THE RIGHTS OF MARRIED WOMEN:--_The People of the State of New York, represented in Senate and a.s.sembly, 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 apprentices.h.i.+p 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.