History of Woman Suffrage Volume I Part 70

WHEREAS, The family is the nursery of the State and the Church--the G.o.d-appointed seminary of the human race. Therefore

3. _Resolved_, That the family, by men as well as women, should be held more sacred than all other inst.i.tutions; that it may not, without sin, be abandoned or neglected by fathers any more than by mothers, for the sake of any of the inst.i.tutions devised by men--for the government of the State or the Nation any more than for the voluntary a.s.sociation of social reformers.

4. _Resolved_, That women's duties and rights as daughters, sisters, wives, and mothers, are not bounded within the circle of home; that in view of the sacredness of their relations, they are not free to desert their fathers, brothers, husbands, and sons amidst scenes of business, politics, and pleasure, and to leave them alone in their struggles and temptations, but that as members of the human family, for the sake of human advancement, women are bound as widely as possible to give to men the influence of their aid and presence; and finally, that universal experience attests that those nations and societies are most orderly, high-toned, and rich in varied prosperity, where women most freely intermingle with men in all spheres of active life.

5. _Resolved_, That the fundamental error of the whole structure of legislation and custom, whereby women are practically sustained, even in this republic, is the preposterous fiction of law, that in the eye of the law the husband and wife are one person, that person being the husband; that this falsehood itself, the deposit of barbarism, tends perpetually to brutalize the marriage relation by subjecting wives as irresponsible tools to the capricious authority of husbands; that this degradation of married women re-acts inevitably to depress the condition of single women, by impairing their own self-respect and man's respect for them; and that the final result is that system of tutelage miscalled protection, by which the industry of women is kept on half-pay, their affections trifled with, their energies crippled, and even their n.o.blest aspirations wasted away in vain efforts, ennui, and regret.

6. _Resolved_, That in consistency with the spirit and intent of the Statutes of New York, enacted in 1848 and 1849, the design of which was to secure to married women the entire control of their property, it is the duty of the Legislature to make such amendments in the laws of the State as will enable married women to conduct business, to form contracts, to sue and be sued in their own names--to receive and hold the gains of their industry, and be liable for their own debts so far as their interests are separate from those of their husbands--to become joint owners in the joint earnings of the partners.h.i.+p, so far as these interests are identified--to bear witness for or against their husbands, and generally to be held responsible for their own deeds.

7. _Resolved_, That as acquiring property by all just and laudable means, and the holding and devising of the same is a human right, women married and single are ent.i.tled to this right, and all the usages or laws which withhold it from them are manifestly unjust.

8. _Resolved_, That every argument in favor of universal suffrage for males is equally in favor of universal suffrage for females, and therefore if men may claim the right of suffrage as necessary to the protection of all their rights in any Government, so may women for the same reason.

9. _Resolved_, That if man as man, has any peculiar claim to a representation in the government, for himself, woman as woman, has a paramount claim to an equal representation for herself.

10. _Resolved_, Therefore, that whether you regard woman as like or unlike man, she is in either case ent.i.tled to an equal joint partic.i.p.ation with him in all civil rights and duties.

11. _Resolved_, That although men should grant us every specific claim, we should hold them all by favor rather than right, unless they also concede, and we exercise, the right of protecting ourselves by the elective franchise.

12. _Resolved_, That if the essence of a trial by an "impartial jury" be a trial by one's own equals, then has never a woman enjoyed that privilege in the hour of her need as a culprit. We, therefore, respectfully demand of our Legislature that, at least, the right of such trial by jury be accorded to women equally with men--that women be eligible to the jury-box, whenever one of their own s.e.x is arraigned at the bar.

13. _Resolved_, That could the women of the State be heard on this question, we should find the ma.s.s with us; as the mother's reluctance to give up the guardians.h.i.+p of her children; the wife's unwillingness to submit to the abuse of a drunken husband, the general sentiment in favor of equal property rights, and the thousands of names in favor of our pet.i.tion, raised with so little effort, conclusively prove.

WHEREAS, The right of pet.i.tion is guaranteed to every member of this republic; therefore

14. _Resolved_, That it is the highest duty of legislators impartially to investigate all claims for the redress of wrong, and alter and amend such laws as prevent the administration of justice and equal rights to all.

_Resolved_, That all true-hearted men and women pledge themselves never to relinquish their unceasing efforts in behalf of the full and equal rights of women, until we have effaced the stigma resting on this republic, that while it theoretically proclaims that all men are created equal, deprives one-half of its members of the enjoyment of the rights and privileges possessed by the other.

The salient points of the question as embodied in the resolutions and the address were ably presented by William Henry Channing, Samuel J.

May, Mrs. Nichols, Mrs. Rose, Mrs. Love, Miss Brown, Miss Anthony, Mrs. Jenkins, Hon. William Hay, and Giles B. Stebbins. At the evening session Mrs. Stanton read her address prepared for the Legislature, which Miss Anthony had stereotyped and published. A copy was laid on the desk of every legislator, and twenty thousand scattered like snow-flakes over the State.

MRS. STANTON'S ADDRESS.

_To the Legislature of the State of New York_:

"The thinking minds of all nations call for change. There is a deep-lying struggle in the whole fabric of society; a boundless, grinding collision of the New with the Old."

The tyrant, Custom, has been summoned before the bar of Common-Sense. His majesty no longer awes the mult.i.tude--his sceptre is broken--his crown is trampled in the dust--the sentence of death is p.r.o.nounced upon him. All nations, ranks, and cla.s.ses have, in turn, questioned and repudiated his authority; and now, that the monster is chained and caged, timid woman, on tiptoe, comes to look him in the face, and to demand of her brave sires and sons, who have struck stout blows for liberty, if, in this change of dynasty, she, too, shall find relief. Yes, gentlemen, in republican America, in the nineteenth century, we, the daughters of the revolutionary heroes of '76, demand at your hands the redress of our grievances--a revision of your State Const.i.tution--a new code of laws. Permit us then, as briefly as possible, to call your attention to the legal disabilities under which we labor.

1st. Look at the position of woman as woman. It is not enough for us that, by your laws we are permitted to live and breathe, to claim the necessaries of life from our legal protectors--to pay the penalty of our crimes; we demand the full recognition of all our rights as citizens of the Empire State. We are persons; native, free-born citizens; property-holders, tax-payers; yet are we denied the exercise of our right to the elective franchise. We support ourselves, and, in part, your schools, colleges, churches, your poor-houses, jails, prisons, the army, the navy, the whole machinery of government, and yet we have no voice in your councils. We have every qualification required by the Const.i.tution, necessary to the legal voter, but the one of s.e.x.

We are moral, virtuous, and intelligent, and in all respects quite equal to the proud white man himself, and yet by your laws we are cla.s.sed with idiots, lunatics, and negroes; and though we do not feel honored by the place a.s.signed us, yet, in fact, our legal position is lower than that of either; for the negro can be raised to the dignity of a voter if he possess himself of $250; the lunatic can vote in his moments of sanity, and the idiot, too, if he be a male one, and not more than nine-tenths a fool; but we, who have guided great movements of charity, established missions, edited journals, published works on history, economy, and statistics; who have governed nations, led armies, filled the professor's chair, taught philosophy and mathematics to the savants of our age, discovered planets, piloted s.h.i.+ps across the sea, are denied the most sacred rights of citizens, because, forsooth, we came not into this republic crowned with the dignity of manhood! Woman is theoretically absolved from all allegiance to the laws of the State. Sec. 1, Bill of Rights, 2 R. S., 301, says that no authority can, on any pretence whatever, be exercised over the citizens of this State but such as is or shall be derived from, and granted by the people of this State.

Now, gentlemen, we would fain know by what authority you have disfranchised one-half the people of this State? You who have so boldly taken possession of the bulwarks of this republic, show us your credentials, and thus prove your exclusive right to govern, not only yourselves, but us. Judge Hurlburt, who has long occupied a high place at the bar in this State, and who recently retired with honor from the bench of the Supreme Court, in his profound work on Human Rights, has p.r.o.nounced your present position rank usurpation. Can it be that here, where we acknowledge no royal blood, no apostolic descent, that you, who have declared that all men were created equal--that governments derive their just powers from the consent of the governed, would willingly build up an aristocracy that places the ignorant and vulgar above the educated and refined--the alien and the ditch-digger above the authors and poets of the day--an aristocracy that would raise the sons above the mothers that bore them? Would that the men who can sanction a Const.i.tution so opposed to the genius of this government, who can enact and execute laws so degrading to womankind, had sprung, Minerva-like, from the brains of their fathers, that the matrons of this republic need not blush to own their sons!

Woman's position, under our free inst.i.tutions, is much lower than under the monarchy of England. "In England the idea of woman holding official station is not so strange as in the United States. The Countess of Pembroke, Dorset, and Montgomery held the office of hereditary sheriff of Westmoreland, and exercised it in person. At the a.s.sizes at Appleby, she sat with the judges on the bench. In a reported case, it is stated by counsel, and substantially a.s.sented to by the court, that a woman is capable of serving in almost all the offices of the kingdom, such as those of queen, marshal, great chamberlain and constable of England, the champion of England, commissioner of sewers, governor of work-house, s.e.xton, keeper of the prison, of the gate-house of the dean and chapter of Westminster, returning officer for members of Parliament, and constable, the latter of which is in some respects judicial. The office of jailor is frequently exercised by a woman.

"In the United States a woman may administer on the effects of her deceased husband, and she has occasionally held a subordinate place in the post-office department. She has therefore a sort of post mortem, post-mistress notoriety; but with the exception of handling letters of administration and letters mailed, she is the submissive creature of the old common law." True, the unmarried woman has a right to the property she inherits and the money she earns, but she is taxed without representation. And here again you place the negro, so unjustly degraded by you, in a superior position to your own wives and mothers; for colored males, if possessed of a certain amount of property and certain other qualifications, can vote, but if they do not have these qualifications they are not subject to direct taxation; wherein they have the advantage of woman, she being subject to taxation for whatever amount she may possess. (Const.i.tution of New York, Article 2, Sec. 2). But, say you, are not all women sufficiently represented by their fathers, husbands, and brothers? Let your statute books answer the question.

Again we demand in criminal cases that most sacred of all rights, trial by a jury of our own peers. The establishment of trial by jury is of so early a date that its beginning is lost in antiquity; but the right of trial by a jury of one's own peers is a great progressive step of advanced civilization. No rank of men have ever been satisfied with being tried by jurors higher or lower in the civil or political scale than themselves; for jealousy on the one hand, and contempt on the other, has ever effectually blinded the eyes of justice. Hence, all along the pages of history, we find the king, the n.o.ble, the peasant, the cardinal, the priest, the layman, each in turn protesting against the authority of the tribunal before which they were summoned to appear. Charles the First refused to recognize the competency of the tribunal which condemned him: For how, said he, can subjects judge a king? The stern descendants of our Pilgrim Fathers refused to answer for their crimes before an English Parliament.

For how, said they, can a king judge rebels? And shall woman here consent to be tried by her liege lord, who has dubbed himself law-maker, judge, juror, and sheriff too?--whose power, though sanctioned by Church and State, has no foundation in justice and equity, and is a bold a.s.sumption of our inalienable rights. In England a Parliament-lord could challenge a jury where a knight was not empanneled; an alien could demand a jury composed half of his own countrymen; or, in some special cases, juries were even const.i.tuted entirely of women. Having seen that man fails to do justice to woman in her best estate, to the virtuous, the n.o.ble, the true of our s.e.x, should we trust to his tender mercies the weak, the ignorant, the morally insane? It is not to be denied that the interests of man and woman in the present undeveloped state of the race, and under the existing social arrangements, are and must be antagonistic. The n.o.bleman can not make just laws for the peasant; the slaveholder for the slave; neither can man make and execute just laws for woman, because in each case, the one in power fails to apply the immutable principles of right to any grade but his own.

Shall an erring woman be dragged before a bar of grim-visaged judges, lawyers, and jurors, there to be grossly questioned in public on subjects which women scarce breathe in secret to one another? Shall the most sacred relations of life be called up and rudely scanned by men who, by their own admission, are so coa.r.s.e that women could not meet them even at the polls without contamination? and yet shall she find there no woman's face or voice to pity and defend? Shall the frenzied mother, who, to save herself and child from exposure and disgrace, ended the life that had but just begun, be dragged before such a tribunal to answer for her crime? How can man enter into the feelings of that mother? How can he judge of the agonies of soul that impelled her to such an outrage of maternal instincts? How can he weigh the mountain of sorrow that crushed that mother's heart when she wildly tossed her helpless babe into the cold waters of the midnight sea? Where is he who by false vows thus blasted this trusting woman? Had that helpless child no claims on his protection? Ah, he is freely abroad in the dignity of manhood, in the pulpit, on the bench, in the professor's chair. The imprisonment of his victim and the death of his child, detract not a t.i.the from his standing and complacency. His peers made the law, and shall law-makers lay nets for those of their own rank?

Shall laws which come from the logical brain of man take cognizance of violence done to the moral and affectional nature which predominates, as is said, in woman?

Statesmen of New York, whose daughters, guarded by your affection, and lapped amidst luxuries which your indulgence spreads, care more for their nodding plumes and velvet trains than for the statute laws by which their persons and properties are held--who, blinded by custom and prejudice to the degraded position which they and their sisters occupy in the civil scale, haughtily claim that they already have all the rights they want, how, think ye, you would feel to see a daughter summoned for such a crime--and remember these daughters are but human--before such a tribunal? Would it not, in that hour, be some consolation to see that she was surrounded by the wise and virtuous of her own s.e.x; by those who had known the depth of a mother's love and the misery of a lover's falsehood; to know that to these she could make her confession, and from them receive her sentence? If so, then listen to our just demands and make such a change in your laws as will secure to every woman tried in your courts, an impartial jury. At this moment among the hundreds of women who are shut up in prisons in this State, not one has enjoyed that most sacred of all rights--that right which you would die to defend for yourselves--trial by a jury of one's peers.

2d. Look at the position of woman as wife. Your laws relating to marriage--founded as they are on the old common law of England, a compound of barbarous usages, but partially modified by progressive civilization--are in open violation of our enlightened ideas of justice, and of the holiest feelings of our nature. If you take the highest view of marriage, as a Divine relation, which love alone can const.i.tute and sanctify, then of course human legislation can only recognize it. Men can neither bind nor loose its ties, for that prerogative belongs to G.o.d alone, who makes man and woman, and the laws of attraction by which they are united. But if you regard marriage as a civil contract, then let it be subject to the same laws which control all other contracts. Do not make it a kind of half-human, half-divine inst.i.tution, which you may build up, but can not regulate. Do not, by your special legislation for this one kind of contract, involve yourselves in the grossest absurdities and contradictions.

So long as by your laws no man can make a contract for a horse or piece of land until he is twenty-one years of age, and by which contract he is not bound if any deception has been practiced, or if the party contracting has not fulfilled his part of the agreement--so long as the parties in all mere civil contracts retain their ident.i.ty and all the power and independence they had before contracting, with the full right to dissolve all partners.h.i.+ps and contracts for any reason, at the will and option of the parties themselves, upon what principle of civil jurisprudence do you permit the boy of fourteen and the girl of twelve, in violation of every natural law, to make a contract more momentous in importance than any other, and then hold them to it, come what may, the whole of their natural lives, in spite of disappointment, deception, and misery? Then, too, the signing of this contract is instant civil death to one of the parties.

The woman who but yesterday was sued on bended knee, who stood so high in the scale of being as to make an agreement on equal terms with a proud Saxon man, to-day has no civil existence, no social freedom. The wife who inherits no property holds about the same legal position that does the slave on the Southern plantation.

She can own nothing, sell nothing. She has no right even to the wages she earns; her person, her time, her services are the property of another. She can not testify, in many cases, against her husband. She can get no redress for wrongs in her own name in any court of justice. She can neither sue nor be sued. She is not held morally responsible for any crime committed in the presence of her husband, so completely is her very existence supposed by the law to be merged in that of another. Think of it; your wives may be thieves, libelers, burglars, incendiaries, and for crimes like these they are not held amenable to the laws of the land, if they but commit them in your dread presence. For them, alas!

there is no higher law than the will of man. Herein behold the bloated conceit of these Petruchios of the law, who seem to say:

"Nay, look not big, nor stamp, nor stare, nor fret, I will be master of what is mine own; She is my goods, my chattels; she is my house, My household stuff, my field, my barn, My horse, my ox, my a.s.s, my anything; And here she stands, touch her whoever dare; I'll bring my action on the proudest he, That stops my way, in Padua."

How could man ever look thus on woman? She, at whose feet Socrates learned wisdom--she, who gave to the world a Saviour, and witnessed alike the adoration of the Magi and the agonies of the cross. How could such a being, so blessed and honored, ever become the ign.o.ble, servile, cringing slave, with whom the fear of man could be paramount to the sacred dictates of conscience and the holy love of Heaven? By the common law of England, the spirit of which has been but too faithfully incorporated into our statute law, a husband has a right to whip his wife with a rod not larger than his thumb, to shut her up in a room, and administer whatever moderate chastis.e.m.e.nt he may deem necessary to insure obedience to his wishes, and for her healthful moral development! He can forbid all persons harboring or trusting her on his account. He can deprive her of all social intercourse with her nearest and dearest friends. If by great economy she acc.u.mulates a small sum, which for future need she deposit, little by little, in a savings bank, the husband has a right to draw it out, at his option, to use it as he may see fit.

"Husband is ent.i.tled to wife's credit or business talents (whenever their inter-marriage may have occurred); and goods purchased by her on her own credit, with his consent, while cohabiting with him, can be seized and sold in execution against him for his own debts, and this, though she carry on business in her own name."--7 _Howard's Practice Reports, 105, Lovett agt.

Robinson and Whitbeck, sheriff, etc_.

"No letters of administration shall be granted to a person convicted of infamous crime; nor to any one incapable by law of making a contract; nor to a person not a citizen of the United States, unless such person reside within this State; nor to any one who is under twenty-one years of age; nor to any person who shall be adjudged incompetent by the surrogate to execute duties of such trust, by reason of drunkenness, improvidence, or want of understanding, nor to any married woman; but where a married woman is ent.i.tled to administration, the same may be granted to her husband in her right and behalf."

There is nothing that an unruly wife might do against which the husband has not sufficient protection in the law. But not so with the wife. If she have a worthless husband, a confirmed drunkard, a villain, or a vagrant, he has still all the rights of a man, a husband, and a father. Though the whole support of the family be thrown upon the wife, if the wages she earns be paid to her by her employer, the husband can receive them again. If, by unwearied industry and perseverance, she can earn for herself and children a patch of ground and a shed to cover them, the husband can strip her of all her hard earnings, turn her and her little ones out in the cold northern blast, take the clothes from their backs, the bread from their mouths; all this by your laws may he do, and has he done, oft and again, to satisfy the rapacity of that monster in human form, the rum-seller.

But the wife who is so fortunate as to have inherited property, has, by the new law in this State, been redeemed from her lost condition. She is no longer a legal nonent.i.ty. This property law, if fairly construed, will overturn the whole code relating to woman and property. The right to property implies the right to buy and sell, to will and bequeath, and herein is the dawning of a civil existence for woman, for now the "femme covert" must have the right to make contracts. So, get ready, gentlemen; the "little justice" will be coming to you one day, deed in hand, for your acknowledgment. When he asks you "if you sign without fear or compulsion," say yes, boldly, as we do. Then, too, the right to will is ours. Now what becomes of the "tenant for life"? Shall he, the happy husband of a millionaire, who has lived in yonder princely mansion in the midst of plenty and elegance, be cut down in a day to the use of one-third of this estate and a few hundred a year, as long he remains her widower? And should he, in spite of this bounty on celibacy, impelled by his affections, marry again, choosing for a wife a woman as poor as himself, shall he be thrown penniless on the cold world--this child of fortune, enervated by ease and luxury, henceforth to be dependent wholly on his own resources? Poor man! He would be rich, though, in the sympathies of many women who have pa.s.sed through just such an ordeal. But what is property without the right to protect that property by law? It is mockery to say a certain estate is mine, if, without my consent, you have the right to tax me when and how you please, while I have no voice in making the tax-gatherer, the legislator, or the law. The right to property will, of necessity, compel us in due time to the exercise of our right to the elective franchise, and then naturally follows the right to hold office.

3d. Look at the position of woman as widow. Whenever we attempt to point out the wrongs of the wife, those who would have us believe that the laws can not be improved, point us to the privileges, powers, and claims of the widow. Let us look into these a little. Behold in yonder humble house a married pair, who, for long years, have lived together, childless and alone.

Those few acres of well-tilled land, with the small, white house that looks so cheerful through its vines and flowers, attest the honest thrift and simple taste of its owners. This man and woman, by their hard days' labor, have made this home their own. Here they live in peace and plenty, happy in the hope that they may dwell together securely under their own vine and fig-tree for the few years that remain to them, and that under the shadow of these trees, planted by their own hands, and in the midst of their household G.o.ds, so loved and familiar, they may take their last farewell of earth. But, alas for human hopes! the husband dies, and without a will, and the stricken widow, at one fell blow, loses the companion of her youth, her house and home, and half the little sum she had in bank. For the law, which takes no cognizance of widows left with twelve children and not one cent, instantly spies out this widow, takes account of her effects, and announces to her the startling intelligence that but one-third of the house and lot, and one-half the personal property, are hers.

The law has other favorites with whom she must share the hard-earned savings of years. In this dark hour of grief, the coa.r.s.e minions of the law gather round the widow's hearth-stone, and, in the name of justice, outrage all natural sense of right; mock at the sacredness of human love, and with cold familiarity proceed to place a moneyed value on the old arm-chair, in which, but a few brief hours since, she closed the eyes that had ever beamed on her with kindness and affection; on the solemn clock in the corner, that told the hour he pa.s.sed away; on every garment with which his form and presence were a.s.sociated, and on every article of comfort and convenience that the house contained, even down to the knives and forks and spoons--and the widow saw it all--and when the work was done, she gathered up what the law allowed her and went forth to seek another home! This is the much-talked-of widow's dower. Behold the magnanimity of the law in allowing the widow to retain a life interest in one-third the landed estate, and one-half the personal property of her husband, and taking the lion's share to itself! Had she died first, the house and land would all have been the husband's still. No one would have dared to intrude upon the privacy of his home, or to molest him in his sacred retreat of sorrow. How, I ask you, can that be called justice, which makes such a distinction as this between man and woman?

By management, economy, and industry, our widow is able, in a few years, to redeem her house and home. But the law never loses sight of the purse, no matter how low in the scale of being its owner may be. It sends its officers round every year to gather in the harvest for the public crib, and no widow who owns a piece of land two feet square ever escapes this reckoning. Our widow, too, who has now twice earned her home, has her annual tax to pay also--a tribute of grat.i.tude that she is permitted to breathe the free air of this republic, where "taxation without representation," by such worthies as John Hanc.o.c.k and Samuel Adams, has been declared "intolerable tyranny." Having glanced at the magnanimity of the law in its dealings with the widow, let us see how the individual man, under the influence of such laws, doles out justice to his helpmate. The husband has the absolute right to will away his property as he may see fit. If he has children, he can divide his property among them, leaving his wife her third only of the landed estate, thus making her a dependent on the bounty of her own children. A man with thirty thousand dollars in personal property, may leave his wife but a few hundred a year, as long as she remains his widow.

The cases are without number where women, who have lived in ease and elegance, at the death of their husbands have, by will, been reduced to the bare necessaries of life. The man who leaves his wife the sole guardian of his property and children is an exception to the general rule. Man has ever manifested a wish that the world should indeed be a blank to the companion whom he leaves behind him. The Hindoo makes that wish a law, and burns the widow on the funeral pyre of her husband; but the civilized man, impressed with a different view of the sacredness of life, takes a less summary mode of drawing his beloved partner after him; he does it by the deprivation and starvation of the flesh, and the humiliation and mortification of the spirit. In bequeathing to the wife just enough to keep soul and body together, man seems to lose sight of the fact that woman, like himself, takes great pleasure in acts of benevolence and charity.

It is but just, therefore, that she should have it in her power to give during her life, and to will away at her death, as her benevolence or obligations might prompt her to do.

4th. Look at the position of woman as mother. There is no human love so strong and steadfast as that of the mother for her child; yet behold how ruthless are your laws touching this most sacred relation. Nature has clearly made the mother the guardian of the child; but man, in his inordinate love of power, does continually set nature and nature's laws at open defiance. The father may apprentice his child, bind him out to a trade, without the mother's consent--yea, in direct opposition to her most earnest entreaties, prayers and tears.

He may apprentice his son to a gamester or rum-seller, and thus cancel his debts of _honor_. By the abuse of this absolute power, he may bind his daughter to the owner of a brothel, and, by the degradation of his child, supply his daily wants: and such things, gentlemen, have been done in our very midst. Moreover, the father, about to die, may bind out all his children wherever and to whomsoever he may see fit, and thus, in fact, will away the guardians.h.i.+p of all his children from the mother. The Revised Statutes of New York provide that "every father, whether of full age or a minor, of a child to be born, or of any living child under the age of twenty-one years, and unmarried, may by his deed or last will, duly executed, dispose of the custody and tuition of such child during its minority, or for any less time, to any person or persons, in possession or remainder." 2 R. S., page 150, sec. 1. Thus, by your laws, the child is the absolute property of the father, wholly at his disposal in life or at death.

In case of separation, the law gives the children to the father; no matter what his character or condition. At this very time we can point you to n.o.ble, virtuous, well-educated mothers in this State, who have abandoned their husbands for their profligacy and confirmed drunkenness. All these have been robbed of their children, who are in the custody of the husband, under the care of his relatives, whilst the mothers are permitted to see them but at stated intervals. But, said one of these mothers, with a grandeur of att.i.tude and manner worthy the n.o.ble Roman matron in the palmiest days of that republic, I would rather never see my child again, than be the medium to hand down the low animal nature of its father, to stamp degradation on the brow of another innocent being. It is enough that one child of his shall call me mother.

If you are far-sighted statesmen, and do wisely judge of the interests of this commonwealth, you will so shape your future laws as to encourage woman to take the high moral ground that the father of her children must be great and good. Instead of your present laws, which make the mother and her children the victims of vice and license, you might rather pa.s.s laws prohibiting to all drunkards, libertines, and fools, the rights of husbands and fathers. Do not the hundreds of laughing idiots that are crowding into our asylums, appeal to the wisdom of our statesmen for some new laws on marriage--to the mothers of this day for a higher, purer morality?

Again, as the condition of the child always follows that of the mother, and as by the sanction of your laws the father may beat the mother, so may he the child. What mother can not bear me witness to untold sufferings which cruel, vindictive fathers have visited upon their helpless children? Who ever saw a human being that would not abuse unlimited power? Base and ign.o.ble must that man be who, let the provocation be what it may, would strike a woman; but he who would lacerate a trembling child is unworthy the name of man. A mother's love can be no protection to a child; she can not appeal to you to save it from a father's cruelty, for the laws take no cognizance of the mother's most grievous wrongs.

Neither at home nor abroad can a mother protect her son. Look at the temptations that surround the paths of our youth at every step; look at the gambling and drinking saloons, the club rooms, the dens of infamy and abomination that infest all our villages and cities--slowly but surely sapping the very foundations of all virtue and strength.

By your laws, all these abominable resorts are permitted. It is folly to talk of a mother moulding the character of her son, when all mankind, backed up by law and public sentiment, conspire to destroy her influence. But when woman's moral power shall speak through the ballot-box, then shall her influence be seen and felt; then, in our legislative debates, such questions as the ca.n.a.l tolls on salt, the improvement of rivers and harbors, and the claims of Mr. Smith for damages against the State, would be secondary to the consideration of the legal existence of all these public resorts, which lure our youth on to excessive indulgence and destruction.