The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-10-13

of Nlils S, wa,d, and others in England, st once
resute the dogma OF the infcriority of the &C.
male mind, and prove how high it is Capable OF
fearing. The legislature of our fate will confer
great honor on themfelves, by contantly turning
their attention TO the education of both fexes.
fromthe view which have taken it appears evil
dent, thatthe Observation-Disclosures made toedu-
cate our youth, have been excluiively favoura-
bic to the male fex and that our habits arc equal
ly partial.
When we examine oUr regulations refpecting
property, we ihall probably ind that the fame
Partially pervades great part of our fyftem
The reciprocal rights of the huiband and wife,
acquired by marriage, will clearly prove my po-
fition. The huiband is entitled, as tenant by
the Curteiy, to all the lands of his wife during
his life, If the wife has had a child at any time
during the marriage but if ihe has never had
child born alive, he is deprived of any portion
OF her lands. On the other hand, when the huf
band dies, the wife is entitled to one third only
of his land during her life but this right exits
whether ihe has childi en- or not. Although
pretend not to be Killed i'll the fcience OF calcu-
lation, 1t is obvious that, in country where ear
ly marriages are fashionable, at leaf nineteen
out oftwenty of thofe who are married, are blef-
fed with children. Virginia huibands have
therefore nearly ri, equal chance to polefs, dur
ing their lives, The whole of the lands of their
wives, which the latter have of one third of the
lands of the former. Whatever may have been
the original caufe of this dftinetion, it is certain
that it has long ago ceafed, and cannot but
think that il the cafe had been reverted, and the
common law had been more favorable to the
women than the men, our Legislature would
have difcovered that it was odious diitinGticn,
originating in feudal barbaifm, and Imported
by prejudice and fel6ihnefs. The favour fhewn
H.. L. r..
gulations respecting perional property. The
more acountry increafes in commerce, the more
does its perfonal property increafe in value, and
hence the fubjed becomes daily of more inlpor-
lance in Virginia. BY marriage, a bufband &C
quires an abfoiute right to difpoie of the whole
of his wife's perfonal eftate during his life, aud
by his will may deprive her of the whole of it.
If, however, lhe chootes, within year, to claim
a legal ihare of it, fhe is entitled TO third
and the fame proviiion is made for her i'll cafe
of the inteftacy OF her hufband. When fhe has
no child, infead of one third, her portion is one
half. Let it be remembered alto, that there is
one unfortunate fpecies of perfonal property in
Virginia, to which the huiband acquires an alb
folute right by marriage, but in which the wife
can only claim the above mentioned proportion
for Der life, even although the whole may have
been originally hers. The obvious tendency of
thefe regulations is to keep the fair in tate of
entire fubiettion to the ftronger fex. 1t holds
out tempting lure to avarice, and expofes the
unfufpicious 10 the arts of the mercenary.
have heard of fome inftances in which its opera
ton has placed fling in the bofoms of the inno-
cent, and brought affection and defoation to
the manlions Of the virtuous.
There is one other law which has ALWAYS ap-
peared to me to be repugnant to the beft feel
ings of human nature, and by which the fex is
moh cruelty and unjultly degraded. No perfon
can doubt that the mother has in general a more
tender affection for her infant offspring than the
father. In this country it is particularly true,
FOR while our men too often roam from Hover
70 flower, our women are, with the conftancy of
Penelope, devoted to the welfare of their fami-
lies. What then ihall we think of law, which
authorizes the father on his death bed, to de-
prive vrtuous wife of the gnardianfhip of his
child, and to transfer it to the mott WORTHLESS of
the creation. This law is certainly founded on
an improper opinion of female weakness, or a
faIfe idea offeniale virtue. If carried into com
plete operation, it would bring difcord into eve
ry family, and fill every humane heart with woe.
i do not intend to enquire at prefent into the
effects which achange of our laws and manners
respecting the fair iex, would produce. 1t is
fufficicpt if L have proved, that although we.
have done much, much remains undone. -s
go ii.