Page:History of Woman Suffrage Volume 1.djvu/279

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Lucy Stone's Protest.
261

principle, we deem it a duty to declare that this act on our part implies no sanction of, nor promise of voluntary obedience to such of the present laws of marriage, as refuse to recognize the wife as an independent, rational being, while they confer upon the husband an injurious and unnatural superiority, investing him with legal powers which no honorable man would exercise, and which no man should possess. We protest especially against the laws which give to the husband:

1. The custody of the wife's person.

2. The exclusive control and guardianship of their children.

3. The sole ownership of her personal, and use of her real estate, unless previously settled upon her, or placed in the hands of trustees, as in the case of minors, lunatics, and idiots.

4. The absolute right to the product of her industry.

5. Also against laws which give to the widower so much larger and more permanent an interest in the property of his deceased wife, than they give to the widow in that of the deceased husband.

6. Finally, against the whole system by which "the legal existence of the wife is suspended during marriage," so that in most States, she neither has a legal part in the choice of her residence, nor can she make a will, nor sue or be sued in her own name, nor inherit property. We believe that personal independence and equal human rights can never be forfeited, except for crime; that marriage should be an equal and permanent partnership, and so recognized by law; that until it is so recognized, married partners should provide against the radical injustice of present laws, by every means in their power. We believe that where domestic difficulties arise, no appeal should be made to legal tribunals under existing laws, but that all difficulties should be submitted to the equitable adjustment of arbitrators mutually chosen. Thus reverencing law, we enter our protest against rules and customs which are unworthy of the name, since they violate justice, the essence of law.

(Signed), Henry B. Blackwell,
Worcester Spy, 1855. Lucy Stone.

To the above The Liberator appended the following:

We are very sorry (as will be a host of others) to lose Lucy Stone, and certainly no less glad to gain Lucy Blackwell. Our most fervent benediction upon the heads of the parties thus united.

This was a timely protest against the whole idea of the old Blackstone code, which made woman a nonentity in marriage. Lucy Stone took an equally brave step in refusing to take her husband's name, respecting her own individuality and the name that represented it. These protests have called down on Mrs. Stone much ridicule and persecution, but she has firmly maintained her position, although at great inconvenience in the execution of legal documents, and suffering the injustice of having her vote refused as