The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-10-23
From tde Brother Joaaihaa
THE PROPERTY OF WOMEN.

THE PROPERTY OF WOMEN
After capital punishments," and "imprison-
me I for debt"-reics Of barbaious and cruel age
there is no prevalent law so absurd SO unjust, so
wicked, as that which regulates the property Of
married women. They are la the eye ot the law
dead; femme corer is far regards all matters
of personal property, nobody. Her husband, in be.
coming master OF her person, becomes also master OF
her will.
There are two arguments mainly adduced by The
advocates apologists Of the present law The frs,
is grounded on the nerioriiy OF the female SEX and
the second on the necessity Of establishing entire
unity Of interest between husband and wife. These
are altogether specious. There Is no force
in the argument founded on the inerority Of the
sex, even If this inferoriy amounted 10 downright
incapacity which would render the appointment Of
guardian necessary for every female married or
unmarried. A woman does not s,ullity herself by
wedding; that II her nferority be good for
the interference of the law with her property, il
ought TO be no more at her own disposal before than
alter marriage. And guardianship, the only legal
measure applied with propreiy TO incapaciy, stops
entirely short Of the power assumed by the law
woman's purse, which does not give in trust, but
transfers A more generous deduction from the
inerority Of the female SEX would be to enjon that
their fortunes should be confirmed TO them, BY way
OF compensation, to insure them consideration,
which they are In danger OF oosing with their beau
~. We see no more propriely in taking away a
woman's property OF man than to give IL to one
stronger or wiser than himself To make law
just, which should give man the administration,
instead OF the possession of his wies property in
competence ON her part should be proved inferior
discretion on the part Of women, cannot confer au-
thorty which nature has denied--cannot license
men TO be unjust, because women are imprudent
but we do not accede to the inerory Of the female
Judgment, as regards expenditure. Women do not
paint and write so well men; but as mass they
decidedly excel in wise management of expenses;
from habits Of sci denial, and the absence OF spec
ualive disposition, they, better than We "malch
their wants and means; their sensiliveness to OPT
mon, and the high standard of female purity save
them more generally from the expense of vicious
pleasures; their superior tenderness of heart con-
centraied from their comparative secusion ON few
objects, incnes Them more generally TO the best OBJ
ject Of e1pense--housenod good. But in repelIing
The preence OF incompetence, we obscure the cues
ton, which is not whether men or women are most
likely 10 be spendthriits-but what is Justice? What
ever woman possesses, whether by labor donation
or succession, the law upon her marriage wress
IRON her entirely; yet nothing but an inieriorily,
amounting 10 incompetence, which would make il
for the best good Of the wife e.self as in the case
OF MINOR an indiot or a lunalic, could Justify the
law restraining her in any degree in The Of her
properly.
Now, as to the second argument touching unity
Of interest; IN our opinion the present regulations
with regard to property tend TO discover instead of
connect the affections Of married parties. Nothing
seems to Us more at variance with The laws which
alternate The properly of married women Than the
manner in which the matrimonial relation is treated
in the New Testament. The apostle saws, Love
one another The operation Of The law is 10 alien
ate the one from the other The example of the
tenderesl love which has ever been felt on earth Is
held up as model for husbands: +" Husbands love
your wives even as Christ also loved The church,
and gave himself tor IT," Sentiments are enjoned
which would make man shrink from exercising
the Liberties with regard tG his wiies possessions,
allowed by the law. We hold, with Jeremy TAYLOR,
husbands should rather be fathers than lords that
the wife ought by all means 10 please The husband,
and he must by no means displease her" In fact it
seems TO US, that nothing can be more hostile to the
Christian religion than this law whether we regard
the duties, that religion requires Of us as men or as
husbands
Neither is it true that domestic concord is pro-
NOTED by the present unjust system The wife must
feel her degradation the husband his superiority.
for unity of interest is most likely to spring from
community OF interest, and here there Is no comm.
nity the husband has all. The wife has no right
to her own in case of obstnacy or i'll on The mari
of the husband and in case OF misorupes bronpbt
about by his misnlanagement or venluIesome rash
ness, she Is compelled TO endure all the misercs of
poverty, and 10 her, infinitely worse TO see her chill
1feh deprived OF The means Of comfortable support
ana ordinary education. Does This promote unity
OF interest? Does this tend TO make the husband
and wife indissoluby one
IL Is quite impossible within the scant boundaries IN
which an article IN this paper necessarily confined TO
treat SUBJECT OF this magnitude with the luness winch
II deserves We shall take up soon in more dellbe-
rate earnest, conentlng ourselves at tins time with
havag brought It forward, though unsatisiactory by
passing notice OF the two arguments generally stated
by those who would oppose any on the csa-
o'ished laws regulating the property Of womef There
Is one view Of the effects Of enirustinp wou,as whole
property to her husband suggested to us by the re-
marks JUST made above, that cannot delay holding
up before our readers. A scene like the following.
cannot De unfamiliar TO many who resided in this city
during the late disastrous years
q man marrles woman Of fortune and being cpgap-
ed IN extensive mercantile operations soon fails His
creditors are mercess, rather they are mercifu to-
wards Their own iamies acting cruel part to prevent
such cruelty from being extended TO themselves An
execution Is levied IN the mans house upon his furn
ture, upon every thing. An auction commences -
Come thou who ART IN favor of this abandonment, Of
the wiies property to the husband-come walk with
through the splendid rooms, which base often b,en
the of festvity and domestic bliss and observe
The deep woe and wre,chedness which now peryades
The atmosphere Of this happy home! See
those sacred apartments thrown udey open TO the &C.
neral gazer: look around upon those materials OF do
nestle comfort, displaced and forfeited this oppres.
sIye law Here lie, IN confusion SOFAS carpets beds
OF down. the silent piano, the choice books the half
worn music books and many other things better dlca
i've Of TASTE past plenty and hospitality Observe these
elegant little presents, received 10y the wealthy bride
from her young trends they counted among the
property OF the husbands creditors. The worn Irnj-
ture OF the nursery the defsced toys OF the bansed
disenhen,ed descendants Of a rich grandfather-oh.
they belong to the husbAnd's creditors Here are =
work box, thimbles, all the implements Of female indus