From The New York Tribune of May 30.
MARRIAGE AND DIVORCE.
To the Editor of The New York Tribune:
Sir:—At our recent National Woman's Rights Convention many were surprised to hear Wendell Phillips object to the question of Marriage and Divorce, as irrelevant to our platform. He said: "We had no right to discuss there any laws or customs but those where inequality existed in the sexes; that the laws on Marriage and Divorce rested equally on man and woman; that he suffered, as much as she possibly could, the wrongs and abuses of an ill-assorted marriage."
Now, it must strike every careful thinker, that an immense difference rests in the fact, that man has made the laws, cunningly and selfishly, for his own purpose. From Coke down to Kent, who can cite one clause of the marriage contract where woman has the advantage? When man suffers from false legislation, he has his remedy in his own hands. Shall woman be denied the right of protest against laws in which she has had no voice—laws which outrage the holiest affections of her nature—laws which transcend the limits of human legislation—in a Convention called for the express purpose of considering her wrongs? He might as well object to a protest against the injustice of hanging a woman, because capital punishment bears equally on man and woman.
The contract of marriage is by no means equal. The law permits the girl to marry at twelve years of age, while it requires several years more of experience on the part of the boy. In entering this compact, the man gives up nothing that he before possessed—he is a man still; while the legal existence of the woman is suspended during marriage, and henceforth she is known but in and through the husband. She is nameless, purseless, childless—though a woman, an heiress, and a mother.
Blackstone says: "The husband and wife are one, and that one is the husband." Kent says: "The legal effects of marriage are generally deducible from the principle of the common law, by which the husband and wife are regarded as one person, and her legal existence and authority lost or suspended during the continuance of the matrimonial union."—Vol. 2, p. 109. Kent refers to Coke on Littleton, 112, a. 187, B. Litt. sec. 168, 291.
The wife is regarded by all legal authorities as a "feme-covert," placed wholly sub potestate viri. Her moral responsibility, even, is merged in the husband. The law takes it for granted that the wife lives in fear of her husband; that his command is her highest law: hence a wife is not punishable for theft committed in presence of her husband.—Kent, vol. 2, p. 127. An unmarried woman can make contracts, sue and be sued, enjoy the rights of property, to her inheritance—to her wages—to her person—to her children; but, in marriage, she is robbed by law of all and every natural and civil right. "The disability of the wife to contract, so as to bind herself, arises not from want of discretion, but because she has entered into an indissoluble connection, by which she is placed under the power and protection of her husband."—Kent, vol. 2, p. 127. She is possessed of certain rights until she is married; then all are suspended, to revive again the moment the breath goes out of the husband's body.—See "Cowen's Treatise," vol. 2, p. 709.
