woman should be the legal subject of man, legally reduced to pecuniary dependence upon him; that the mother should have lower legal claims upon the children than the father, and that, in short, woman should be in all respects the legal inferior of man, though entitled to full equality.
Here is the fact and its cause. When woman is tried for crime, her jury, her judges, her advocates, are all men; and yet there may have been temptations and various palliating circumstances connected with her peculiar nature as woman, such as man can not appreciate. Common justice demands that a part of the law-makers and law executors should be of her own sex. In questions of marriage and divorce, affecting interests dearer than life, both parties in the compact are entitled to an equal voice. Then the influences which arise from the relations of the sexes, when left to be exerted in our halls of justice, would at least cause decency and propriety of conduct to be maintained there; but now. low-minded men are encouraged to jest openly in court over the most sacred and most delicate subjects. From the nature of things, the guilty woman can not now have justice done her before the professed tribunals of justice; and the innocent but wronged woman is constrained to suffer on in silence rather than ask for redress.
Clarina Howard Nichols said: There is one peculiarity in the laws affecting woman's property rights, which as it has not to my knowledge been presented for the consideration of the public, except by myself to a limited extent in private conversation and otherwise, I wish to speak of here. It is the unconstitutionality of laws cutting off the wife's right of dower. It is a provision of our National and State Constitutions, that property rights shall not be confiscated for political or other offences against the laws. Yet in all the States, if I am rightly informed, the wife forfeits her right of dower in case of divorce for infidelity to the marriage vow. In Massachusetts and several other States, if the wife desert her husband for any cause, and he procure a divorce on the ground of her desertion, she forfeits her right of dower. But it is worthy of remark that in no case is the right of the husband to possess and control the estate which is their joint accumulation, set aside; no, not even when the wife procures a divorce for the most aggravated abuse and infidelity combined. She, the innocent party, goes out childless and portionless, by decree of law; and he, the criminal, retains the home and the children, by the favor of the same law. I claim, friends, that the laws which cut off the wife's right of dower, in any case do confiscate property rights, and hence are unconstitutional. The property laws compel the wife to seek divorce in order to protect her earnings for the support of her children. A rum-drinker took his wife's clothing to pay his rum bill, and the justice decided that the clothing could be held, because the wife belonged to him.
Only under the Common Law of England has woman been deprived of her natural rights. Instances are frequent where the husband's aged parents are supported by the wife's earnings, and the wife's parents left paupers.
Mrs. Nichols here offered the following resolution:
Resolved, That equally involved as they are in all the Natural Relations