Page:History of Woman Suffrage Volume 1.djvu/910

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History of Woman Suffrage.

munificent provision for, perhaps, a family of only a dozen-persons. Think of it, ye widows, and learn to be grateful for man's provident care of you in your hour of need!

Then comes the sale of "the effects of the deceased," as they are called; and amid the fullness and freshness of her grief, the widow is compelled to see sold into the hands of strangers, amid the coarse jokes and levity of a public auction, articles to her beyond all price, and around which so many tender memories cling. Experience alone can fully teach the torture of this fiery ordeal. But this is only the beginning of her sorrows. If she have children, the estate is considered to belong to them, while she is but an "incumbrance" upon it. She is to have the rents and profits of one-third part of the real estate her lifetime, which, to the vast majority of cases, is so unproductive as to compel her to leave that spot, endeared to her by so many tender ties—the home of her early love, the birthplace of her children—for a cheaper and less comfortable home. But, bereaved of her husband and robbed of her property,

"The law hath yet another hold on her."

Following up the insulting and injurious assumption of her incompetency and untrustworthiness, implied in the denial of her right of suffrage, the guardianship of her children is taken from her. Her daughter, at the age of twelve, and her son, at fifteen, are to go through the mockery of choosing for themselves a competent guardian—a proceeding calculated to destroy the beautiful trust and confidence in the wisdom and fitness of the mother to govern and direct them, so natural and so essential to the happiness of children. When the justifying pretext for the infliction of all this misery is the benefit of the children, her maternal nature will struggle hard to endure it with patience. But, until the passage of the law of 1863, "regulating descents and distributions," when there were no children of either parent, the law did not abate its rigor toward her, in the disposition of the real estate, which is generally all that is left, after paying the debts and costs of "settlement," though the whole of the houses and lands might have been bought with her money, two-thirds were immediately handed over to the relatives of the husband, however above need; and though they might have been strangers, or even enemies, to her. She had but a life estate in the other third, which, at her death, also went, as the other, to her husband's heirs. She could not indulge her benevolent feelings or gratify her friendships, by devising by will, to approved charities or favorite friends, the means she no longer needed. With a bitter sense of injustice and despairing sorrow, she might well adopt the language of the unhappy Jew:

"Nay, take my life and all, pardon not that;
You take my house, when you do take the prop
That doth sustain my house; you take my life,
When you do take the means whereby I live."

Such is the famous right of dower, which has been the subject of so many stupid eulogies by lawyers and commentators.

Take an example of the effect of these laws upon an overburdened heart, which occurred just before the passage of the Act of 1853. A young couple, by their united means and patient industry, had secured for themselves a small, but comfortable home. It furnished the means of supplying all their simple wants. It was their own; doubly endeared by the struggles and sacrifices it had cost them. They were content. They had no children, but they had each other, and were happy in their mutual love. Death seemed a great way off; and life—it was a real joy. They knew little of the laws of estates. Owing nothing, they feared no intrusion upon the sanctity of their home. But the husband was killed by the falling of a tree; and, after some hours, was found dead by the agonized wife. There was no will. The wrung heart of the childless widow, in her utter bereavement, still clung to her home, which, though blighted and desolate, was still dear to her. There, at least, she would find shelter. But soon the inexorable law laid its cold, unwelcome hand upon that darkened home. There must be letters of administration had—an inventory of the "effects"—an appraisement. Everything was explained by sympathizing counsel. The "right of dower" set conspicuously in the foreground—"one equal third part"—at length she comprehended it all. Her home