chapter 90

, page 157, repealed the grandest and crowning section of the Statute of 1860, viz: Sections 4, 5, 6, 9, 10, and 11, copies of which sections I herewith inclose you. Had these sections remained, wives in this State would have possessed equal rights with their husbands, save simply the right of voting. It was a great mistake and wrong to repeal them. Had I been a member of the Senate at that time, as I was not, I don't think it would have been done.

I do not know who was the author of the repeal bill, nor did I know of its existence until I saw it in the statute-book. I think Judge Charles J. Folger, now Chief-Justice of the Court of Appeals, was chairman of the Senate Judiciary Committee, and the bill of 1862 must therefore have passed through the hands of that Committee, in which it originated, or through which it was reported, and by the influence of which it must have been adopted.

Strange that you women, so watchful and so regardful of your rights, should have allowed the repeal of those important sections, without strenuous opposition.

Very sincerely yours, ANDREW J. COLVIN.

We were busily engaged rolling up petitions for the Thirteenth Amendment to the Federal Constitution, our hearts and hands full of work for the Government in the midst of the war, supposing all was safe at Albany. But how comes it that the author of the bill of 1860, residing at the capital, never heard of its repeal? If the bill was so slyly passed that Mr. Colvin himself did not know of it until he saw it in the statute-book, it is not remarkable that it escaped our notice in time to prevent it.

GENENA, N. Y., _April 12, 1881_.

MISS ANTHONY, DEAR MADAM:--I was chairman of the Judiciary Committee of the New York Senate in 1862-'3-'4-'5-'6-'7-'8-'9. Judge John Willard, of Saratoga County, was a member of the State Senate in that year, and a member of that Committee. He was the author of the Act of 1862. His object, as I have always understood it, was to simplify, make clear, consistent, and practical some of the legislation in regard to married women. I think, with deference I say it, that you are not strictly accurate in calling the legislation of 1862 a repealing one. The first section of the Act of 1862 (chap. 172, p. 343) _amends_ the third section of the Act of 1860 (chap. 90, p. 157), by striking out the provision requiring the assent of the husband, and giving the wife the right (or privilege) to contract and convey as a _feme sole_, and to covenant for title, etc., etc. That amendment rendered unnecessary the fourth, fifth, and sixth sections of the Act of 1860. They would have fallen of themselves, that is, have been repealed by implication, as inconsistent with the greater power and freedom attained by married women by the amendment of 1862 to the Act of 1860. But _ex abundanti cautela_, as Judge Willard would have said, there was an express repeal of them. The tenth and eleventh sections of the Act of 1860 were also repealed expressly; but not to the sole detriment of married women. The tenth section gave to married men and married women a life estate in certain cases in one-third of all the real estate of which the wife or husband died seized. The wife had before the Act of 1860, and has now, that estate. The tenth section gave her nothing. The repeal of it took nothing from her. The eleventh section, so far as it gave a life estate, is the same as the tenth. So far as it gave the use of all the real estate of the intestate for the minority of the youngest child, it was an addition to the property rights of the wife, but it was also an addition to the property rights of the husband. I am not able from memory to say why it was repealed; and it is remembrance and not reasoning that you ask for. The third section of the Act of 1862 amends the seventh of the Act of 1860 by striking out the phrase, "_except her husband_," thus enabling a married woman to protect the property given to her by the husband, in which the Act of 1860 was lame, and in other ways gave more freedom and power to married women. The fourth section of the Act of 1862 amends the eighth section of the Act of 1860, but only in its verbiage. The fifth section of the Act of 1862 does not impair the Act of 1860; it simply puts the woman before the courts, and the law as an entity able to go alone. The sixth section of the Act of 1862 increases the powers of a married woman, by giving her a veto on some acts of her husband. The seventh section is like the fifth. In no other respect than those I have named did the Act of 1862 affect the Act of 1860. In but one thing did it repeal, in the sense of taking away any right or power or privilege or freedom that the Act of 1860 gave. On the contrary, in some respects, it gave more or greater.

I am glad that you wrote to me. I am glad that I have the opportunity to defend the memory of a good man, Judge John Willard. I make bold to ask you to turn to the thirty-seventh volume of Barbour's Supreme Court Reports, Appendix, pp. 670 et seq., and read the words spoken of him by his peers. I am glad also to have the opportunity to speak a word for my Judiciary Committee.

And I will not close this lengthened answer, without suggesting a suspicion, that those who have taken the notion that the Act of 1862 was a retrograde step, have done so without comparing for themselves the two acts.

For myself, I have the distinction of being one of less than half-a-dozen Senators who voted that women have the right to vote for delegates to the Constitutional Convention of 1866; and one of about a dozen and a half members of that Convention who voted to erase from the suffrage article the word "male." I have never been convinced of the expediency of giving to females the privilege of suffrage; but I have never been able to see the argument by which they were not as much entitled to the _right_ as males.

Trusting that you will forgive the length of this epistle,

I am with respect, yours, etc., etc., CHARLES J. FOLGER. MISS SUSAN B. ANTHONY.

As will be seen by the above letters, both Mr. Colvin and Mr. Folger make mistakes in regard to the effect of these bills. In speaking of the complete equality of husbands and wives under the law of 1860, Mr. Colvin said, "All the wife then had to ask was the right of suffrage," quite forgetting that the wife has never had an equal right to the joint earnings of the copartnership, as no valuation has ever been placed on her labor in the household, to which she gives all her time, thought, and strength, the absolute sacrifice of herself, mind and body, all possibility of self-development and self-improvement being in most cases out of the question. Mr. Folger in saying the repeal of section eleven affected man as much as woman, falls into the same mistake, assuming that the joint earnings belong to man. We say that the wife who surrenders herself wholly to domestic life, foregoing all opportunities for pecuniary independence and personal distinction in the world of work, or the higher walks of literature and art, in order to make it possible for the husband to have home and family ties, and at the same time, his worldly successes and ambitions, richly earns the place of an equal partner. In their joint accumulations, her labor and economy should be taken into account.

This is _the vital point_ of interest to the vast majority of married women, since it is only the _few_ who ever possess anything through separate earnings or inheritance. A law securing to the wife the absolute right to one-half the joint earnings, and at the death of the husband, the same control of property and children that he has when she dies, might make some show of justice; but it is a provision not yet on the statute-books of any civilized nation on the globe.

The seeming sophistry of Judge Folger may be traced to the universal fact that man does not appreciate the arduous and unremitting labors of the wife in the household, or her settled dissatisfaction in having no pecuniary recompense for her labors. No man with cultured brain and skilled hands would consider himself recompensed for a life of toil in being provided with shelter, food, and clothes while his employer was living, to be cut down in his old age to a mere pittance; yet such is the fate of the majority of wives and widows under the most beneficent provisions of our statutes in this favored republic. True, the law says "the husband shall maintain the wife in accordance with his circumstances"; he being judge, jury, executive. Though she may toil incessantly, and her duties be far more exhaustive than his, yet he is supposed to maintain her, and the joint property is always disposed of on that basis. Legislation for woman proceeds on the assumption, that all she needs is a bare support; and that she is destitute of the natural human desire to accumulate, possess, and control the results of her own labor.

[Illustration: MATILDA JOSLYN GAGE (with autograph).]

FOOTNOTES:

[89] Jerry McHenry was an athletic mulatto, a cooper by trade, who had been living in Syracuse for many years, since his escape from slavery. On the 13th of October, 1850, there was an attempt to kidnap him, but the Abolitionists, with such men as Samuel J. May and Gerrit Smith at their head, succeeded in rescuing him by a _coup d'état_, from the officers of the law, which involved several trials in Auburn, Canandaigua, Buffalo, and Albany. As this occurred soon after the passage of the Fugitive Slave Law, the leading Abolitionists were determined to test its constitutionality in the courts. It was so systematically and universally violated, that it soon became a dead letter.

[90] A HEROIC WOMAN.--Mrs. Margaret Freeland, of Syracuse, was recently arrested upon a warrant issued on complaint of Emanuel Rosendale, a rum-seller, charging her with forcing an entrance to his house, and with stones and clubs smashing his doors and windows, breaking his tumblers and bottles, and turning over his whisky barrels and spilling their contents. Great excitement was produced by this novel case. It seems that the husband of Mrs. Freeland was a drunkard--that he was in the habit of abusing his wife, turning her out of doors, etc., and this was carried so far that the police frequently found it necessary to interfere to put a stop to his ill-treatment of his family. Rosendale, the complainant, furnished Freeland with the liquor which turned him into a demon. Mrs. Freeland had frequently told him of her sufferings and besought him to refrain from giving her husband the poison. But alas! she appealed to a heart of stone. He disregarded her entreaties and spurned her from his door. Driven to desperation she armed herself, broke into the house, drove out the base-hearted landlord and proceeded upon the work of destruction.

She was brought before the court and demanded a trial. The citizens employed Charles B. Sedgwick, Esq., as her counsel, and prepared to justify her assault upon legal grounds. Rosendale, being at once arrested on complaint of Thomas L. Carson for selling liquor unlawfully, and feeling the force of the storm that was gathering over his head, appeared before the Justice, withdrew his complaint against Mrs. Freeland, paid the costs, and gave bail on the complaint of Mr. Carson, to appear at the General Sessions, and answer to an indictment should there be one found.

Mrs. Freeland is said to be "the pious mother of a fine family of children, and a highly respectable member of the Episcopal Church."

The _Carson League_ commenting on this affair says:

"The rum-seller cowered in the face of public feeling. This case shows that public feeling will justify a woman whose person or family is outraged by a rum-seller, for entering his grocery or tavern and destroying his liquor. If the law lets loose a tiger upon her, she may destroy it. She has no other resort but force to save herself and her children. Were the women of this city to proceed in a body and destroy all the liquor of all the taverns and groceries, they would be justified by law and public opinion. Women should take this war into their hands, when men take side with the murderers of their peace.

"A tavern or grocery which makes the neighbors drunken and insane is a public nuisance, and may be pulled down and destroyed by the neighbors who are injured by it. It is worse than the plague. And if men will not put hands on it, then should the women do it. Tell us not it is property. It ceases to be property when it is employed to destroy the people. If a man lights his torch and sets about putting fire to the houses about him, any person may seize the torch and destroy it. So if a man takes a pistol and passes through the streets shooting the people, the pistol ceases to be property and may be taken from him by force and destroyed by any person who can do it. We sincerely hope that the women of the State will profit by this example, and go to destroying the liquor vessels; and their contents." To all of which we respond AMEN.

_The Lily_, June, 1853.

[91] Mrs. Thompson, of Albany; Mrs. Cushman, of New York, _Vice-Presidents_. Mrs. Fowler and Miss Anthony, _Secretaries_. Lydia Mott, of Albany; Phebe Hoag Jones, of Troy; Eliza Hoxie Shove, of Easton; and Elizabeth Van Alstine, of Canajoharie, _Business Committee_.

[92] The following citizens of Rochester concur in the above call: Samuel Richardson, Rev. Wm. H. Goodwin, Samuel Chipman, Geo. A. Avery, James P. Fogg, J. O. Bloss, Wm. K. Hallowell, James Vick, Jr., E. C. Williams, Daniel Anthony.

[93] _Vice-Presidents_.--Mary C. Vaughan, Olivia Fraser, Frances Stanton Avery, Rhoda De Garmo, Sarah D. Fish, and Mrs. D. C. Ailing.

_Secretaries_.--Amelia Bloomer and Susan B. Anthony.

_Resolutions_.--Amy Post, Elizabeth Monroe, Rachel Van Lew.

_Finance_.--Susan B. Anthony, Mary H. Hallowell, H. Attilia Albro.

[94] See Appendix.

[95] See Appendix.

[96] _Vice-Presidents_--Mrs. Gerrit Smith, Peterboro; Mrs. E. C. Delevan, Ballston Spa; Mrs. D. C. Alling, Rochester; Lydia F. Fowler, Mrs. J. T. Coachman, Mary S. Rich, New York; Julia Clark Lewis, Oswego; Olivia Fraser, Elmira; Emily Clark, Le Roy; Mrs. A. N. Cole, Belfast; Betsy Hawks, Bethany Centre; Antoinette L. Brown, Henrietta.

_Recording Secretaries_--Susan B. Anthony, Rochester; Mary C. Vaughan, Oswego.

_Corresponding Secretary_--Amelia Bloomer, Seneca Falls.

_Treasurer_--Elvira Marsh, Rochester.

_Executive Committee_--Sarah T. Gould, Mary H. Hallowell, and Mrs. Samuel Richardson, Rochester.

[97] _The Lily_ was a temperance paper started in Seneca Falls, N. Y., in 1849. It was owned and edited by Mrs. Amelia Bloomer. Though starting as the organ of a society, it soon became her individual property. She carried it successfully six years, her subscription list reaching 4,000. It was as pronounced on woman's rights as temperance, and did good service in both reforms. We are indebted to _The Lily_ for most of our facts on the temperance movement in New York.

[98] _Nomination_--Lemira Kedzie, Lydia F. Fowler, Amy Post, Mary H. Hallowell, Frederick Douglass, Lydia Jenkins.

_Business Committee_--Emily Clark, W. H. Channing, Mary H. Hallowell, Rev. S. J. May, Mrs. Robie, Mrs. C. I. H. Nichols.

_Finance_--Susan B. Anthony, Mrs. Bloomer, H. Attilia Albro. Also, on motion, the President was added to the Business Committee.

[99] Throughout this protracted, disgraceful assault on American womanhood, the clergy baptized each new insult and act of injustice in the name of the Christian religion, and uniformly asked God's blessing on proceedings that would have put to shame an assembly of Hottentots.

[100] _Vice-Presidents_--Dr. Harriot K. Hunt, Mass.; Charles C. Burliegh, Ct.; Edward M. Davis, Pa.; Frances Dana Gage, Mo.; Ashby Pierce, Oregon; Rowland T. Robinson, Vt.; Melissa J. Driggs, Ind.; Thomas Garrett, Del.; Angelina Grimké Weld, N. J.; Hannah Tracy Cutler, Ill.

[101] See page 152--Cleveland Convention--for the full description of this mob by Miss Brown herself.

[102] _The Binghamton Daily Republican_ said: Miss Anthony vindicated her resolutions with great eloquence, spirit, and dignity, and showed herself a match, at least, in debate, for any member of the Convention. She was _equal_ if not _identical_. Whatever may be thought of her notions, or sense of propriety in her bold and conspicuous positions, personally, intellectually, and socially speaking, there can be but one opinion as to her superior ability, energy, and moral courage; and she may well be regarded as an evangel and heroine by her sex; especially by the "Strong Minded" portion of them.

[103] _The Daily Standard_, Sept. 8th, 1852, said: The Woman's Rights Convention will assemble at the City Hall this morning. Some of the most able women of the country will be present, and the discussion can not fail to be particularly interesting.

_The Daily Star_, a pro-slavery paper of the most pronounced and reckless character, said: The women are coming! They flock in upon us from every quarter, all to hear and talk about Woman's Rights. The blue stockings are as thick as grasshoppers in hay-time, and mighty will be the force of "jaw-logic" and "broom-stick ethics" preached by the females of both sexes.

[104] THE NATIONAL WOMAN'S RIGHTS CONVENTION.

The friends of equality, justice, and truth are earnestly invited to meet in Syracuse, N. Y., Sept. 8th, 9th, and 10th, 1852, to discuss the important question of "Woman's Rights." We propose to review not only the past and consider the present, but to mark out new and broader paths for the future.

The time has come for the discussion of woman's social, civil, and religious rights, and also for a thorough and efficient organization; a well-digested plan of operation whereby these social rights, for which our fathers fought, bled, and died, may be secured by us. Let woman no longer supinely endure the evils she may escape, but with her own right hand carve out for herself a higher, nobler destiny than has heretofore been hers. Inasmuch as through the folly and imbecility of woman, the race is what it is, dwarfed in mind and body; and as through her alone it can yet be redeemed, all are equally interested in the objects of this Convention.

We therefore solemnly urge those men and women who desire the elevation of humanity, to be present at the coming Convention, and aid us by their wisdom. Our platform will be free to all who are capable of discussing the subject with candor and truth. On behalf of the Central Committee,

ELIZABETH CADY STANTON, PAULINA WRIGHT DAVIS, WILLIAM HENRY CHANNING, LUCY STONE, SAMUEL J. MAY.

[105] _President._--Lucretia Mott, Philadelphia.

_Vice-Presidents._--Paulina Wright Davis, Rhode Island; Caroline M. Severance, Ohio; Elizabeth Oakes Smith, New York; Clarina I. H. Nichols, Vermont; Gerrit Smith, Peterboro; Sarah L. Miller, Pennsylvania.

_Secretaries._--Susan B. Anthony, Martha C. Wright, Samuel J. May, Lydia F. Fowler.

_Business Committee._--Elizabeth Oakes Smith, Lucy Stone, Caroline M. Severance, Harriot K. Hunt, Jane Elizabeth Jones, James Mott, Ernestine L. Rose, Elizabeth W. Phillips, Pliny Sexton, Benjamin S. Jones.

_Committee on Finance._--Rosa Smith, Joseph Savage, Caroline M. Severance.

Many earnest friends beside the officers were present and took part in the discussions; among them Amy Post, Mary and Sarah Hallowell, Catharine A. F. Stebbins, Thomas and Mary Ann McClintock, Elizabeth Smith Miller, Rev. Lydia Ann Jenkins, Rev. Antoinette L. Brown, Lydia Mott, Phebe H. Jones, Mary A. Springstead, Abby H. Price, Rev. Abraham Pryne, Eliza A. Aldrich, editor _Genius of Liberty_; Dr. Cutcheon, of McGrawville College; Matilda Joslyn Gage, Lydia P. Savage, Sarah Hallock, Griffith M. Cooper.

[106] See Appendix.

[107] See Pennsylvania Chapter, page 360.

[108] _The Syracuse Journal_ said: "Miss Anthony has a capital voice and deserves to be made clerk of the Assembly."

[109] When Gerrit Smith was in Congress, elected on account of his anti-slavery principles, his power to make friends even among foes was fully illustrated. At his elegant dinners distinguished Southerners were frequent guests. Hence it was said of him that he dined with slaveholders, and would have wined with them but for his temperance principles.

[110] See Appendix.

[111] See Appendix.

[112] This noble man was among the first to append his name to the declaration of rights issued at Seneca Falls, and he did not withdraw it when the press began to ridicule the proceedings of the Convention.

[113] Rev. Mr. Hatch gave his idea of female loveliness. It consisted in that shrinking delicacy which, like the modest violet, hid itself until sought; that modesty which led women to blush, to cast down their eyes when meeting men, or walking up the aisle of a church to drop the veil; to wear long skirts, instead of imitating the sun-flower, which lifted up its head, seeming to say: "Come and admire me." He repeated the remarks made near the door on some of the speakers. The President hoped he would keep in order, and not relate the vulgar conversation of his associates. He went on in a similar strain until the indignation of the audience became universal, when he was summarily stopped.

In the midst of his remarks Miss Anthony suggested that the Reverend gentleman doubtless belonged to the pin-cushion ministry, educated by women's sowing societies! which, on inquiry, proved true. It was almost always the case that the "poor but pious" young man, who had studied his profession at the expense of women, proved most narrow and bigoted in his teachings.

[114] The Jewish.

[115] See Appendix for comments of _Syracuse Star_ and _New York Herald_.

[116] This sermon was reviewed by Matilda Joslyn Gage, and a newspaper controversy between Mr. Sunderland, Mrs. Gage, and others inaugurated. For several months the press of the city was enlivened by these supplementary debates.

[117] _President._--Lucretia Mott.

_Vice-Presidents._--Ernestine L. Rose, New York; Paulina W. Davis, Rhode Island; Clarina I. H. Nichols, Vermont; Mary Jackson, England; Caroline M. Severance, Ohio; S. M. Booth, Wisconsin; Wm. Lloyd Garrison, Massachusetts; Mrs. J. B. Chapman, Indiana; Charlotte Hubbard, Illinois; Ruth Dugdale, Pennsylvania; C. C. Burleigh, Connecticut; Angelina G. Weld, New Jersey; Mathilde Franceska Anneké, Germany.

_Secretaries._--Lydia F. Fowler, Sidney Peirce, Oliver Johnson.

_Business Committee._--Lucy Stone, Antoinette L. Brown, James Mott, Harriot K. Hunt, Mariana Johnson, Lydia Mott, Wendell Phillips, Sarah Hallock, Wm. H. Channing, Ruth Dugdale, Martha J. Tilden, Ernestine L. Rose, Elizabeth Oakes Smith.

_Finance Committee._--Susan B. Anthony, Lydia A. Jenkins, Edward A. Stansbury.

[118] See Appendix.

[119] Fanny Ellsler danced for the Bunker Hill monument.

[120] See p. 259.

[121] The Committee were: Lueretia Mott, Ernestine L. Rose, Marion C. Houghton, Lucy Stone, Caroline H. Dall, Paulina Wright Davis, Dr. Harriot K. Hunt, Mathilde Franceska Anneké, Dr. Elizabeth Blackwell.

[122] Elizabeth Cady Stanton, Seneca Falls; James M'Cune Smith, New York; Mary Cheney Greeley, New York; S. G. Love, Randolph; Ernestine L. Rose, New York; Mary F. Love, Randolph; Samuel J. May, Syracuse; C. M. Crowley, Randolph; George W. Jonson, Buffalo; R. T. Trail, New York; Antoinette L. Brown, South Butler; Emily S. Trail, New York; Frederick Douglass, Rochester; Oliver Johnson, New York; Hiram Corliss, Greenwich; Mariana W. Johnson, New York; Lydia A. Jenkins, Geneva; Sydney Howard Gay, New York: William H. Channing, Rochester; Catharine E. Welling, Elmira; William Hay, Saratoga Springs; Mrs. Holbrook, Elmira; Amy Post, Rochester; H. A. Zoller, Little Falls; Mary H. Hallowell, Rochester; Stephen Haight, Dutchess County; Susan B; Anthony, Rochester; Sarah A. Burtis, Rochester; William R. Hallowell, Rochester; Lydia P. Savage, Syracuse; Isaac Post, Rochester; Lydia Mott, Albany; Mary B. F. Curtis, Rochester; J. B. Sands, Canandaigua; Lemira Kedzie, Rochester; Catharine H. Sands, Canandaigua.

[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 Douglass, 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 entitled, 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 assault 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 circumstances 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 Petitions_.--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 entitled 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 petition 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 petition 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 petition for a hearing before the Legislature. A word more, as to the petitions, 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 petitions; but let not those, who desire to secure Woman's Just and Equal Rights, hesitate to sign that petition because they have doubts as to the right or expediency of women's voting. The petitions will be kept separate, and offered separately. All fair-minded persons, of either sex, ought to sign the first petition. 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 petitions before they are returned. 4. Let every person, man or woman, interested in this movement, instantly and energetically circulate the petitions 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 petition but once. As many persons will circulate petitions in the same town and county, it is important to guard against this possible abuse. 6. Finally, let every petition 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_.

PETITION 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 petitioners, 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 Assembly 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.

PETITION 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 Constitution 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 petitions.

[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 Assembly, 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 apprenticeship 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.

[128] See Appendix.

[129] Ernestine L. Rose, Francis D. Gage, Hannah Tracy Cutler, Lucy N. Coleman, Antoinette L. Brown, Matilda Joslyn Gage, Marietta Richmond, Sarah Pellet, Carrie D. Filkins, Lydia A. Jenkins, Susan B. Anthony, dividing their time and forces, held conventions in nearly every county of the State, traversing some new section each year. In 1859, Miss Anthony and Miss Brown made a successful tour of the fashionable resorts and the northern counties. All this work the State Committee assigned to its General Agent, giving her all honor and power, without providing one dollar. But Miss Anthony with rare executive ability, accomplished the work and paid all expenses.--E. C. S.

[130] It is pleasant to record that a few years later Mr. Beecher's vision was clear on the whole question, and he was often found on the woman's rights platform, not only speaking himself, but his sister, Mrs. Isabella Beecher Hooker, also. On one occasion he conducted Miss Kate Field to the platform in Plymouth Church as gracefully as he ever handed a lady out to dinner, introduced her to the audience, and presided during her address. Sitting there he seemed to feel as much at his ease as if Col. Robert G. Ingersoll had been the speaker.

[131] As this meeting was hastily decided upon, there was no call issued; it was merely noticed in the county papers. _The Saratoga Whig_, August 18, 1854, says:

WOMEN'S RIGHTS.--The series of conventions that have been holding sessions in the village during the week, will close this day with a meeting for the discussion of the social, legal, and political rights of women, at which Miss Susan B. Anthony, Mrs. Matilda Joslyn Gage, and Miss Sarah Pellet will appear. The meetings will be held at St. Nicholas Hall this afternoon at 3 and a half o'clock, and in the evening at 8 o'clock.

[132] Any one but the indomitable Susan B. Anthony would have abandoned all idea of a meeting, but, as it was advertised, she felt bound to make it a fact. This decision may seem the more remarkable in view of other facts, that Miss Anthony had but little experience as a speaker, and was fully aware of her deficiencies in that line; her forte lay in planning conventions, raising money, marshalling the forces, and smoothing the paths for others to go forward, make the speeches, and get the glory. Having listened in St. Nicholas Hall for several days to some of the finest orators in the country, it was with great trepidation that she resolved to attempt to hold such audiences as had crowded all the meetings during the week, and would no doubt continue to do so. However, she had one written speech, which she decided to divide, giving the industrial disabilities of women in the afternoon, and their political rights in the evening, supplementing each with whatever extemporaneous observations might strike her mind as she proceeded. With Mrs. Gage to speak at one session and Miss Pellet at the other, Miss Anthony rounded out both meetings to the general satisfaction. It was thus she always stood ready for every emergency; when nobody else would or could speak she did; when everybody wished to speak she was silent.--E. C. S.

[133] _The Daily Saratogian_. August 19th, said: Mrs. Matilda Joslyn Gage, a medium-sized, lady-like looking woman, dressed in a tasty plum-colored silk with two flounces, made the first address upon some of the defects in the marriage laws, quoting Story, Kent, and Blackstone. She closed by speaking of Mrs. Marcet, an able writer on political economy, her book much used in schools. She referred to Miss Pinckney, of South Carolina, who in nullification times, wrote powerfully on that subject. It was said that party was consolidated by the nib of a lady's pen. She was the first woman in the United States who was honored with a public funeral.

[134] _President_.--Martha C. Wright, of Auburn.

_Vice-Presidents_.--Rev. Samuel J. May, Syracuse; Lydia Mott, Albany; Ernestine L. Rose, New York; Antoinette L. Brown, New York; Susan B. Anthony, Rochester; Augusta A. Wiggins, Saratoga Springs.

_Secretaries_.--Emily Jaques, Nassau; Aaron M. Powell, Ghent; Mary L. Booth, Williamsburgh.

_Finance Committee_.--Susan B. Anthony, Marietta Richmond, Mary S. Anthony, Phebe H. Jones.

_Business Committee_.--Antoinette L. Brown, Ernestine L. Rose, T. W. Higginson, Charles F. Hovey, of Boston; Phebe Merritt, of Michigan; Hon. William Hay, of Saratoga Springs.

[135] Now the successful editor of _Harper's Bazar_.

[136] This year Miss Anthony canvassed the State, holding conventions in fifty-four counties, organizing societies, getting signatures to petitions, and subscribers to _The Una_. At some of these meetings Mrs. Rose, Miss Brown, and Miss Filkins assisted by turn, but the chief part she carried through alone. She had posters for the entire State printed in Rochester, her father, brother Merritt, and Mary Luther folding and superscribing to all the postmasters and the sheriff of every county. The sheriffs, with but few exceptions, opened the Court Houses for the meetings, posted the bills, and attended to the advertising. Miss Anthony entered on this work without the pledge of a dollar. But with free meetings and collections in the afternoon, and a shilling admission in the evening, she managed to cover the entire expenses of the campaign.

[137] WOMEN'S RIGHTS PETITION.

_To the Honorable, the Senate and Assembly of the State of New York_:

WHEREAS, the women of the State of New York are recognized as citizens by the Constitution, and yet are disfranchised on account of sex; we do respectfully demand the right of suffrage; a right which involves all other rights of citizenship, and which can not be justly withheld, when we consider the admitted principles of popular government, among which are the following:

1st. That all men are born free and equal.

2d. That government derives its just powers from the consent of the governed.

3d. That taxation and representation should go together.

4th. That those held amenable to laws should have a share in framing them.

We do, therefore, petition that you will take the necessary steps so to revise the Constitution of our State, as that all her citizens may enjoy equal political privileges.

[138] The committee were Susan B. Anthony, Ernestine L. Rose, Antoinette L. Brown, Elizabeth Cady Stanton, Martha C. Wright, Lydia Mott.

[139] At the close of this Convention, Charles F. Hovey, as was his usual custom, planned an excursion for those who had taken part in the meetings. He invited them to take a drive to the lake, a few miles out of Saratoga, gave them a bountiful repast, and together they spent a day rich in pleasant memories. Listening day after day to the wrongs perpetrated on woman by law and Gospel of man's creation, Mr. Hovey always seemed to feel that he was in duty bound to throw what sunshine and happiness he could into the lives of women, and thus in a measure atone for the injustice of his sex, and most royally he did this whenever an opportunity offered, not only while he lived, but by bequests at his death.

[140] Twenty years after this Mrs. Stanton met a lady in Texas, who told her about this Saratoga Convention. She said her attention was first called to the subject of woman's rights by some tracts a friend of hers, then living in Georgia, brought home at that time, and that we could form but little idea of the intense interest with which they were read and discussed by quite a circle of ladies, who plied her aunt with innumerable questions about the Convention and the appearance and manners of the ladies who led the movement.

[141] It is now over forty years that the various branches of the Hutchinson family have been singing the liberal ideas of their day on the anti-slavery, temperance, and Woman's Rights platforms, and they are singing still (1881) with the infusion of some new blood in the second and third generation. Only one year ago traveling in Kansas, on a dreary night train, with no sleeping car attached, I had worried through the weary hours until three o'clock in the morning, when the cars stopped at Fort Scott. I was slowly pacing up and down the aisle, when in came Asa Hutchinson, violin in hand, and a troop of boys and girls behind him. There we stood face to face, both well on the shady side of sixty-five, our locks as white as snow, each thinking the other was too old for such hard journeys, he still singing, I still preaching "equal rights to all." "Well," said I, "Asa, this is a very unchristian hour for you to be skylarking over the prairies of Kansas." "Ah!" said he, dolorously, "this is no skylarking; we sung last night until near eleven o'clock, shook hands, and talked until twelve; arose about two, waited an hour at a cold depot, and we all feel as cross as bears." "I can sympathize with you," I replied; "I spent the hours until twelve as you did, entertaining my countrymen and women, and have been trying to rest ever since." In talking over old times until the day dawned we forgot our fatigue, and as I left the cars they gave me a parting salute with the "good time coming." How well I remember the power of the young Hutchinsons in the old mob days; four brothers and one sister standing side by side on the platform in Faneuil Hall, Boston. So hated were the Abolitionists and their doctrines, that not even Wendell Phillips or Abby Kelly could get a hearing, but when the sweet singers from the old Granite State came forward silence reigned, to be broken, however, the moment the last notes of harmony died upon their lips. E. C. S.

[142] Saratoga, Niagara, and Trenton Falls; Clifton, Avon, Sharon, and Ballston Springs, Lake George, etc. In making the tour In 1859, Miss Brown and Miss Anthony had some recherché out-door meetings in the groves of Clifton and Trenton that were highly praised by the press and the people, and in the long summer days most charming to themselves.

[143] The speakers were Samuel J. May, Ernestine L. Rose, Antoinette L. Brown, Carrie D. Filkins, Lydia A. Jenkins, Aaron M. Powell, Hon. Wm. Hay, Susan B. Anthony.

[144] If the intestate be a married man living, and having lived with his wife daring marriage, or if the intestate be a married woman living or having lived with her husband during marriage, and shall die without lawful descendants, born or to be born of such marriage, or a prior marriage, the inheritance shall descend to the surviving husband or wife, as the case may be, during his or her natural life, whether the inheritance came to the intestate on the part of the mother or father or otherwise.

[145] _President_.--Lucy Stone.

_Vice-Presidents_.--Lucretia Mott, of Pennsylvania; Elizabeth Jones, of Ohio; Rev. T. W. Higginson, of Massachusetts; Cornelia Moore, of New Jersey; A. Bronson Alcott, of New Hampshire; Sarah H. Hallock, of New York.

_Secretaries_.--Martha C. Wright, of New York; Oliver Johnson, of New York; Henrietta Johnson, of New Jersey.

_Business Committee_.--Ernestine L. Rose, Susan B. Anthony, Wendell Phillips, James Mott, Mariana Johnson, T. W. Higginson, William Green, Jr.

_Treasurer_.--Wendell Phillips.

_Finance_.--Susan B. Anthony.

[146] At the close of chapter on Indiana, p. 315.

[147] John C. Fremont's campaign.

[148] Mrs. Jessie Benton Fremont.

[149] 1. _Resolved_, That the close of a Presidential election affords a peculiarly appropriate occasion to renew the demands of woman for a consistent application of Democratic principles.

2. _Resolved_, That the Republican Party, appealing constantly, through its orators, to female sympathy, and using for its most popular rallying cry a female name, is peculiarly pledged by consistency, to do justice hereafter in those States where it holds control.

3. _Resolved_, That the Democratic Party must be utterly false to its name and professed principles, or else must extend their application to both halves of the human race.

4. _Resolved_, That the present uncertain and inconsistent position of woman in our community, not fully recognized either as a slave or as an equal, taxed but not represented, authorized to earn property but not free to control it, permitted to prepare papers for scientific bodies but not to read them, urged to form political opinions but not allowed to vote upon them, all marks a transitional period in human history which can not long endure.

5. _Resolved_, That the main power of the woman's rights movement lies in this: that while always demanding for woman better education, better employment, and better laws, it has kept steadily in view the one cardinal demand for the right of suffrage; in a democracy the symbol and guarantee of all other rights.

6. _Resolved_, That the monopoly of the elective franchise, and thereby all the powers of legislative government by man, solely on the ground of sex, is a usurpation, condemned alike by reason and common-sense, subversive of all the principles of justice, oppressive and demoralizing in its operation, and insulting to the dignity of human nature.

7. _Resolved_, That while the constant progress of law, education, and industry prove that our efforts for women in these respects are not wasted, we yet proclaim ourselves unsatisfied, and are only encouraged to renewed efforts, until the whole be gained.

[150] During the struggle to extend slavery into that free State.

[151] Jeannette Brown Heath, daughter of Nathan Brown, of Montgomery County, New York. She traveled with Abby Kelly at one time as a companion. Jeannette was a famous horsewoman; the young ladies of the county thought themselves well off when they could purchase a steed that she had trained for the saddle. I remember many an escapade in my youth on a full-blooded black horse from Jeannette's equery, as I lived in her neighborhood; she is now residing with two sons and one daughter in Rochester, N. Y., enjoying the needed rest after such an eventful life.--E. C. S.

[152] She gave $100,000 to the Observatory in Albany.

[153] EXTRACTS FROM THE WILL OF THE LATE CHARLES F. HOVEY, ESQ.

ARTICLE 16. After setting aside sufficient funds to pay all legacies and bequests herein made, I direct my said Trustees to hold all the rest and residue of my estate, real, personal and mixed, in special trust for the following purposes, namely; to pay over, out of the Interest and principal of said special trust, a sum of not less than eight thousand dollars annually, until the same be all exhausted, to said Wendell Phillips, William Lloyd Garrison, Stephen S. Foster, Abby K. Foster, Parker Pillsbury, Henry C. Wright, Francis Jackson and Charles K. Whipple, and their survivors and survivor, for them to use and expend, at their discretion, without any responsibility to any one, for promotion of the Anti-Slavery cause and other reforms, such as Woman's Rights, Non-Resistance, Free Trade and Temperance, at their discretion; and I request said Wendell Phillips and his said associates to expend not less than eight thousand dollars annually, by the preparation and circulation of books, newspapers, employing agents, and the delivery of lectures that will, in their judgment, change public opinion, and secure the abolition of Slavery in the United States, and promote said other reforms. Believing that the chain upon four millions of slaves, with tyrants at one end and hypocrites at the other, has become the strongest bond of the Union of the States, I desire said Phillips and his associates to expend said bequest by employing such agents as believe and practice the doctrine, of "No union with slaveholders, religiously or politically"; and by circulating such publications as tend to destroy every pro-slavery institution.

ARTICLE 17. In case chattel slavery should be abolished in the United States before the expenditure of the said residue of my estate, as stated in said sixteenth article of this Will; then, in that case, I desire that the unexpended part of said residue be applied by said Phillips and his associates, in equal proportions, for the promotion of Non-Resistance, Woman's Rights and Free Trade; requesting that no agents be employed by them for the promotion of said causes, except such as believe it wrong to have any voluntary connection with any government of violence, and such as believe that the natural rights of men and women are equal. Whether slavery be abolished or not, I desire that a part of the said residue of my estate may be applied to the promotion of the kindred causes of Temperance, Woman's Rights, Non-Resistance and Free Trade, at the discretion of the said Phillips and his associates.

ARTICLE 22. I particularly request that no prayers be solicited from any person, and that no priest be invited to perform any ceremony whatever, over or after my body. The Priesthood are an order of men, as I believe, falsely assuming to be reverend and divine, pretending to be called of God; the great body of them in all countries have been on the side of power and oppression; the world has been too long cheated by them; the sooner they are unmasked, the better for humanity. As I have heretofore borne my testimony against slavery, intemperance, war, tariffs and all indirect taxation, banks and all monopolies, I desire to leave on record my abhorrence of them all. The fear of being buried before I am dead is slight, nevertheless it is greater than the fear of death itself. I therefore request my executors not to bury my body until at least three days after my decease. In witness whereof, I have hereto set my hand and seal, this twenty-eighth day of March, in the year eighteen hundred and fifty-nine.

CHARLES F. HOVEY.

Signed, sealed, published and declared by the said Testator to be his last Will and Testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have hereto subscribed our names as witnesses.

GEORGE L. LOVETT. THOMAS MACK. WILLIAM W. HOWE.

I do prove, approve and allow the same, and order it to be recorded. Given under my hand and seal of office, the day and year above written.

ISAAC AMES, _May 30, 1859_. _Judge of Probate and Insolvency._

[154] George William Curtis, Mrs. Eliza W. Farnham, Parker Pillsbury, Sarah Hallock, Mrs. Sidney Howard Gay, Sarah M. Grimké, Charles Lenox Remond, Lucy A. Coleman, Sarah P. Remond, and the Hutchinson family, consisting of Jessie, his wife, and two children, and Abby, who sung among many other sweet ballads, "The Good Time Coming."

[155] Frederick Douglas, Thomas Wentworth Higginson, Ernestine L. Rose, Lucretia Mott, Frances Dana Gage, Wendell Phillips, Wm. Lloyd Garrison, Oliver Johnson, Susan B. Anthony, Caroline H. Dall, Lucy Stone, Antoinette Brown, Aaron M. Powell.

[156] Eliza Farnham was in many respects a remarkable woman. As matron of the Sing Sing prison at one time, she introduced many humane improvements in the occupation and discipline of the women under her charge. She had a piano in the corridor, and with sweet music touched the tender chords in their souls. Instead of tracts on hell-fire and an angry God, she read aloud to them from Dickens' most touching stories. In every way, assisted by Mariana Johnson and Georgiana Bruce, she treated them as women, and not as criminals.

[157] Wendell Phillips, Elizabeth Cady Stanton, Caroline H. Dall, Caroline M. Severance, Ernestine L. Rose, Antoinette Brown Blackwell, Thomas W. Higginson, Susan B. Anthony.

[158] _Resolved_, That while every newspaper in the land carries on its face the record of woman's dishonor, the women who seek to elevate their sex are bound to inquire into its causes and save from its paralysis.

_Resolved_, That while we have no daughters too tender and pure, no sons too innocent, to escape from the influence of such tragedies as those at North Adams and Washington, the true modesty of every mother, the true dignity of every wife, should forbid her to put aside the questions they involve.

_Resolved_, That the dishonor of single women proceeds in great measure from destitution, and the dishonor of married women as much from their own want of education and utter absence of purpose in life as from the inability of their husbands to inspire them with true respect and help them to true living: therefore,

_Resolved_, That it is our bounden duty to open, in every possible way, new vocations to women, to raise their wages by every advisable means, and to secure to them an education which shall be less a decoration to their persons than a tool to their hands.

_Resolved_, That while courts adjourn in honor of a man like Philip Barton Key, while the whole Bar of the District of Columbia pass resolutions in his honor, and vote to attend his funeral, as a mark of respect, while the public opinion of a whole community sustains a man who could not defend his murderous indignation by the witness of an unspotted life, it is our duty to rate public opinion as a corrupting power, and to bring up our children in the knowledge and sanction of a higher law.

[159] FORM OF PETITION.

_To the Senate and Assembly of the Slate of New York:_

The undersigned, citizens of ----, New York, respectfully ask that you will take measures to submit to the people an amendment of the Constitution, allowing women to vote and hold office. And that you will enact laws securing to married women the full and entire control of all property originally belonging to them, and of their earnings during marriage; and making the rights of the wife over the children the same as a husband enjoys, and the rights of a widow, as to her children, and as to the property left by her husband, the same that a husband has in the property and over the children of his deceased wife.

[160] Lydia Mott, in writing to a friend, says: "I have heard but one opinion about the merits of the address and the manner of its delivery, and the press is very complimentary. It was better that one like Mrs. Stanton should speak on the occasion than two, unless the other might have been Wendell Phillips. Mr. Mayo expressed himself thoroughly satisfied; the whole effect was grand. Even old Father Woolworth stood the whole time, and very often he would nod assent at certain points. The House was packed, but so still that not one word was lost. It was worth as much to our cause as our whole Convention, though we could not have spared either."

[161] AN ACT CONCERNING THE RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.

Passed March 20, 1860.

_The People of the State of New York, represented in Senate and Assembly, do enact as follows:_

SECTION 1. The property, both real and personal, which any married woman now owns, as her sole and separate property; that which comes to her by descent, devise, bequest, gift, or grant; that which she acquires by her trade, business, labor, or services, carried on or performed on her sole or separate account; that which a woman married in this State owns at the time of her marriage, and the rents, issues, and proceeds of all such property, shall notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected, and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts, except such debts as may have been contracted for the support of herself or her children, by her as his agent.

§ 2. A married woman may bargain, sell, assign, and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman from her trade, business, labor, or services shall be her sole and separate property, and may be used or invested by her in her own name.

§ 3. Any married woman possessed of real estate as her separate property may bargain, sell, and convey such property, and enter into any contract in reference to the same; but no such conveyance or contract shall be valid without the assent, in writing, of her husband, except as hereinafter provided.

§ 4. In case any married woman possessed of separate real property, as aforesaid, may desire to sell or convey the same, or to make any contract in relation thereto, and shall be unable to procure the assent of her husband as in the preceding section provided, in consequence of his refusal, absence, insanity, or other disability, such married woman may apply to the County Court in the county where she shall at the time reside, for leave to make such sale, conveyance, or contract, without the assent of her husband.

§ 5. Such application may be made by petition, verified by her, and setting forth the grounds of such application. If the husband be a resident of the county and not under disability from insanity or other cause, a copy of said petition shall be served upon him, with a notice of the time when the same will be presented to the said court, at least ten days before such application. In all other cases, the County Court to which such application shall be made, shall, in its discretion, determine whether any notice shall be given, and if any, the mode and manner of giving it.

§ 6. If it shall satisfactorily appear to such court, upon application, that the husband of such applicant has willfully abandoned his said wife, and lives separate and apart from her, or that he is insane, or imprisoned as a convict in any state prison, or that he is an habitual drunkard, or that he is in any way disabled from making a contract, or that he refuses to give his consent without good cause therefor, then such court shall cause an order to be entered upon its records, authorizing such married woman to sell and convey her real estate, or contract in regard thereto without the assent of her husband, with the same effect as though such conveyance or contract had been made with his assent.

§ 7. Any married woman may, while married, sue and be sued in all matters having relation to her property, which may be her sole and separate property, or which may hereafter come to her by descent, devise, bequest, or the gift of any person except her husband, in the same manner as if she were sole. And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole; and the money received upon the settlement of any such action, or recovered upon a judgment, shall be her sole and separate property.

§ 8. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, or gift of any person except her husband, and no bargain or contract entered into by any married woman in or about the carrying on of any trade or business under the statutes of this State, shall be binding upon her husband, or render him or his property in any way liable therefor.

§ 9. Every married woman is hereby constituted and declared to be the joint guardian of her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband.

§ 10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess, and enjoy a life estate in one-third of all the real estate of which the husband or wife died seized.

§ 11. At the decease of the husband or wife intestate, leaving minor child or children, the survivor shall hold, possess, and enjoy all the real estate of which the husband or wife died seized, and all the rents, issues, and profits thereof during the minority of the youngest child, and one-third thereof during his or her natural life.

[162] On the final passage of the bill the following Senators, as _The Journal_ shows, voted in favor of the measure, viz: Senators Abell, Bell, Colvin, Conally, Fiero, Goss, Hillhouse, Kelly, Lapham, Sessions, Manierre, Montgomery, Munroe, P. P. Murphy, Truman, Prosser, Ramsey, Robertson, Rotch, Warner, Williams--21.

[163] _President._--Martha Wright, of Auburn, New York.

_Vice-Presidents._--Abby Hopper Gibbons, of New York; Asa Fairbanks, of Rhode Island; Rev. Antoinette Brown Blackwell, of New Jersey; Thomas Garrett, of Delaware; Wendell Phillips, of Massachusetts; Robert Purvis, of Pennsylvania; J. Elizabeth Jones, of Ohio; Giles B. Stebbins, of Michigan.

_Secretaries._--Ellen Wright and Mary L. Booth.

_Finance Committee._--Susan B. Anthony, Lucy N. Colman, and Marietta Richmond.

_Business Committee._--Ernestine L. Rose, A. L. B. Blackwell, Wm. Lloyd Garrison, E. Cady Stanton, Mary Grew, and Wendell Phillips.

[164] In the Scotch Presbyterian Church at Johnstown, N. Y., there was great excitement at one time on the question of temperance, the pastor being a very active friend to that movement. The opposition were determined to get rid of him, and called a church meeting for that purpose. To the surprise of the leading men of the congregation, the women came in force, armed with ballots, to defeat their proposed measures. When the time came to vote, according to arrangement, my mother headed the line marching up to the altar, where stood the deacon, hat in hand, to receive the ballots. As soon as he saw the women coming, he retreated behind the railing in the altar, closing the little door after him, which the women deliberately opened, and soon filled the space, completely surrounding the _inspector of election_, and, whichever way he turned, the ballots were thrown into the hat; and, when all had voted, my mother put her hand into the hat and stirred them up with the men's votes, so that it would be impossible to separate them. The pastor, representing the interests of temperance, had a large majority for his retention. But the men declared the election void because of the illegal voting, and, barricading the women out, with closed doors, voted their own measures the next day. Rev. Jeremiah Wood presided on the occasion, and whilst the women were contending for their rights under the very shadow of the altar, he recited various Scriptural texts on woman's sphere, to which these rebellious ones paid not the slightest attention. One dignified Scotch matron, looking him steadily in the face, indignant, at the behavior of the men, said with sternness and emphasis: "I protest against such high-handed proceedings." The result of this outbreak, was a decree by the Judicature of the Church, "that the women of the congregation should have the right to vote in all business matters," which they have most judiciously done ever since. E. C. S.

[165] Frances D. Gage, Hannah Tracy Cutler, J. Elizabeth Jones, Antoinette Brown Blackwell, Lucy N. Colman, and Susan B. Anthony.

[166] Mrs. Roberts and her daughters in Niagara County.

[167] _Resolved_, That inasmuch as man, in the progress of his development, found that at each advancing step new wants demanded new rights, and naturally walked out of those places, customs, creeds, and laws that in any way crippled and trammeled his freedom of thought, word, or action, it is his duty to stand aside and leave to woman the same rights--to grow up into whatever the laws of her being demand.

_Resolved_, That inasmuch as on woman are imposed by her Creator the duties of self-support and self-defense, and by government the responsibilities of taxation and penalties of violated law, she should be protected in her natural, inalienable rights, and secured in all the privileges of citizenship.

_Resolved_, That we demand a full recognition of our equal rights, civil and political--no special legislation can satisfy us--the enjoyment of a right to-day is no security that it will be continued to-morrow, so long as it is granted to us by a privileged class, and not secured to us as a sacred right.

WHEREAS, the essence of republican liberty is the principle that no class shall depend for its rights on the mercy or justice of any other class, therefore,

_Resolved_, That woman demands her right to the jury-box and the ballot, that she may have, as man has, the means of her own protection in her own hands.

_Resolved_, That woman, in consenting to remain in any organization or church where she has no voice in the choice of officers, trustees, or pastor--no right of protest against false doctrines or action--is wanting in a proper self-respect, in that dignity which, as a philanthropist and a Christian, she should ever manifest.

_Resolved_, That we from this platform instruct our legal representatives to make no more appropriations to colleges for boys exclusively. Now that we are large property holders and tax-payers, we protest against the injustice of being compelled to build and endow colleges into which we are forbidden to enter.

_Resolved_, That we advise women to apply to the trustees and heads of public libraries, galleries of art, and similar institutions, for employment as clerks and attendants, thus securing to themselves, when admitted, a more liberal means of support, and furnishing a stepping-stone to other occupations.

_Resolved_, That we return thanks to the Legislature of New York for its acts of justice to woman during the last session. But the work is not yet done. We still claim the ballot, the right of trial by a jury of our own peers, the control and custody of our persons in marriage, and an equal right to the joint earnings of the co-partnership. The geographical position and political power of New York make her example supreme; hence we feel assured that when she is right on this question, our work is done.

[168] 1. _Resolved_, That, in the language (slightly varied) of John Milton, "Those who marry intend as little to conspire their own ruin, as those who swear allegiance, and as a whole people is to an ill government, so is one man or woman to an ill marriage. If a whole people, against any authority, covenant, or statute, may, by the sovereign edict of charity, save not only their lives, but honest liberties, from unworthy bondage, as well may a married party, against any private covenant, which he or she never entered, to his or her mischief, be redeemed from unsupportable disturbances, to honest peace and just contentment."

2. _Resolved_, That all men are created equal, and all women, in their natural rights, are the equals of men, and endowed by their Creator with the same inalienable right to the pursuit of happiness.

3. _Resolved_, That any constitution, compact, or covenant between human beings, that failed to produce or promote human happiness, could not, in the nature of things, be of any force or authority; and it would be not only a right, but a duty, to abolish it.

4. _Resolved_, That though marriage be in itself divinely founded, and is fortified as an institution by innumerable analogies in the whole kingdom of universal nature, still, a true marriage is only known by its results; and, like the fountain, if pure, will reveal only pure manifestations. Nor need it ever be said, "What God hath joined together, let no man put asunder," for man could not put it asunder; nor can he any more unite what God and nature have not joined together.

5. _Resolved_, That of all insulting mockeries of heavenly truth and holy law, none can be greater than that physical impotency is cause sufficient for divorce, while no amount of mental or moral or spiritual imbecility is ever to be pleaded in support of such a demand.

6. _Resolved_, That such a law was worthy those dark periods when marriage was held by the greatest doctors and priests of the Church to be a work of the flesh only, and almost, if not altogether, a defilement; denied wholly to the clergy, and a second time, forbidden to all.

7. _Resolved_, That an unfortunate or ill-assorted marriage is ever a calamity, but not ever, perhaps never, a crime--and when society or government, by its laws or customs, compels its continuance, always to the grief of one of the parties, and the actual loss and damage of both, it usurps an authority never delegated to man, nor exercised by God himself.

8. _Resolved_, That observation and experience daily show how incompetent are men, as individuals, or as governments, to select partners in business, teachers for their children, ministers of their religion, or makers, adjudicators, or administrators of their laws; and as the same weakness and blindness must attend in the selection of matrimonial partners, the dictates of humanity and common sense alike show that the latter and most important contract should no more be perpetual than either or all of the former.

9. _Resolved_, That children born in these unhappy and unhallowed connections are, in the most solemn sense, of unlawful birth--the fruit of lust, but not of love--and so not of God, divinely descended, but from beneath, whence proceed all manner of evil and uncleanliness.

10. _Resolved_, That next to the calamity of such a birth to the child, is the misfortune of being trained in the atmosphere of a household where love is not the law, but where discord and bitterness abound; stamping their demoniac features on the moral nature, with all their odious peculiarities--thus continuing the race in a weakness and depravity that must be a sure precursor of its ruin, as a just penalty of long-violated law.

[169] Thurlow Weed, editor of _The Albany Evening Journal_, opposed the passage of the Divorce Bill before the New York Legislature in 1860.

[170] _Resolved_, That marriage is the voluntary alliance of two persons of opposite sexes into one family, and that such an alliance, with its possible incidents of children, its common interests, etc., must be, from the nature of things, as permanent as the life of the

## parties.

_Resolved_, That if human law attempts to regulate marriage at all, it should aim to regulate it according to the fundamental principles of marriage; and that as the institution is inherently as continuous as the life of the parties, so all laws should look to its control and preservation as such.

_Resolved_, That as a parent can never annul his obligations towards even a profligate child, because of the inseparable relationship of the parties, so the married partner can not annul his obligations towards the other, while both live, no matter how profligate that other's conduct may be, because of their still closer and alike permanent relationship; and, therefore, that all divorce is naturally and morally impossible, even though we should succeed in annulling all legalities.

_Resolved_, That gross fraud and want of good faith in one of the

## parties contracting this alliance, such as would invalidate any other

voluntary relation, are the only causes which can invalidate this, and this, too, solely upon the ground that the relation never virtually existed, and that there are, therefore, no resulting moral obligations.

_Resolved_, however, That both men and women have a first and inviolable right to themselves, physically, mentally, and morally, and that it can never be the duty of either to surrender his personal freedom in any direction to his own hurt.

_Resolved_, That the great duty of every human being is to secure his own highest moral development, and that he can not owe to society, or to an individual, any obligation which shall be degrading to himself.

_Resolved_, That self-devotion to the good of another, and especially to the good of the sinful and guilty, like all disinterestedness, must redound to the highest good of its author, and that the husband or wife who thus seeks the best interests of the other, is obedient to the highest law of benevolence.

_Resolved_, That this is a very different thing from the culpable weakness which allows itself to be immolated by the selfishness of another, to the hurt of both; and that the miserable practice, now so common among wives, of allowing themselves, their children and family interests, to be sacrificed to a degraded husband and father, is most reprehensible.

_Resolved_, That human law is imperatively obligated to give either party ample protection to himself, to their offspring, and to all other family interests, against wrong, injustice, and usurpation on the part of the other, and that, if it be necessary to this, it should grant a legal separation; and yet, that even such separation can not invalidate any real marriage obligation.

_Resolved_, That every married person is imperatively obligated to do his utmost thus to protect himself and all family interests against injustice and wrong, let it arise from what source it may.

_Resolved_, That every woman is morally obligated to maintain her equality in human rights in all her relations in life, and that if she consents to her own subjugation, either in the family, Church or State, she is as guilty as the slave is in consenting to be a slave.

_Resolved_, That a perfect union can not be expected to exist until we first have perfect units, and that every marriage of finite beings must be gradually perfected through the growth and assimilation of the

## parties.

_Resolved_, That the permanence and indissolubility of marriage tend more directly than anything else toward this result.

[171] Francis Jackson. This fund was drawn upon by several of the States. $1,993.66 was expended in the campaigns in New York, the publication of 60,000 tracts, and the appropriation of several hundred to a series of sermons by the Rev. Antoinette Brown Blackwell, delivered in Hope Chapel, New York; $1,000 was expended in the Ohio canvass of 1860, and tracts in large numbers were also sent there. Both money and tracts were contributed to the Kansas campaign of 1859. Lucy Stone had $1,500 to expend in Kansas in 1867, and thus in various ways the fund was finally expended, Lucy Stone drawing out the last $1,000 in 1871. So careful had been the management of this fund, that the accumulation of the interest had greatly increased the original sum.

[172] Lydia Mott was one of the quiet workers who kept all things pertaining to the woman's rights reform in motion at the capital. Living in Albany, she planned conventions and hearings before the Legislature. She knew a large number of the members and men of influence, who all felt a profound respect for that dignified, judicious Quaker woman. Her home was not only one of the depots of the underground railroad, where slaves escaping to Canada were warmed and fed, but it was the hospitable resort for all reformers. Everything about the house was clean and orderly, and the table always bountiful, and the food appetizing. As such men as Seward and Marcy, leaders from opposite political parties, Gerrit Smith, Garrison, Phillips, Pillsbury, Remond, Foster, Douglass, representing all the reforms, met in turn at Miss Mott's dinner-table, she had the advantage of hearing popular questions discussed from every standpoint. And Miss Mott was not merely hostess at her table, but on all occasions took a leading

## part in the conversation. All of us who enjoyed her friendship and

hospitality deeply feel her loss in that conservative city.

[173] [Introduced, on notice, by Mr. Ramsey; read twice, and referred to the Committee on the Judiciary; reported from said Committee for the consideration of the Senate, and committed to the Committee of the Whole].

AN ACT IN REGARD TO DIVORCES DISSOLVING THE MARRIAGE CONTRACT.

_The People of the State of New York, represented in Senate and Assembly, do enact as follows:_

SECTION 1. In addition to the cases in which a divorce, dissolving the marriage contract, may now be decreed by the Supreme Court, such a divorce may be decreed by said court in either of the cases following:

1. Where either party to the marriage shall, for the period of three years next preceding the application for such divorce, have willfully deserted the other party to the marriage, and neglected to perform to such party the duties imposed by their relation.

2. Where there is and shall have been for the period of one year next preceding the application for such divorce, continuous and repeated instances of cruel and inhuman treatment by either party, so as greatly to impair the health or endanger the life of the other party, thereby rendering it unsafe to live with the party guilty of such cruelty or inhumanity.

§2. The foregoing sections shall not apply to any person who shall not have been an actual resident of this State for the period of five years next preceding such application for such divorce.

§3. Specifications one, two, and three of original section thirty-eight, of article three, of title one, of