The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-11-27
RIGHTS OF MARRIED WOMEN.

The General Assembly of Rhode Island ad
journed last Friday after session OF three and
a half days.
The most interesting debate was on Thurs
day, report of which is in the Providence
Journal.
| The question was the repeal of the law pass
ed last June, in relation TO the rights of married
women In certain cases. Ii was alleged that
this act was passed by improper means that
the General Assembly had been imposed upon
by It's passage, and that, under the guise of a
general law, il was framed 10 apply to the case
Of Madame D'Hautevie and that this lady
had, lmme jiatey after the passage of the law,
taken up her residence in Newport, in order 10
avail herself Of IFS provisions. In reply to all
this, II was said that the law was passed after a
very full debate, and that il was printed previ-
Gus 10 its passage, for the use of the members,
who decided on it cautiously and deliberately /;
that its provisions were demanded by sound
policy and by just regard for the rights of mar
RED women; and that as general law, il should
stand or fall on its own merits without any re-
ference to particular cases. If Madame d.
HautevIlle had been enabled by this law to re-
tam the custody of her infant child it was urged
as an evidence OF its usefulness inasmuch as
child OF that tender age, child too born here
OF native mother, was much more properly in
her custody than in that Of his father who was
foreigner, and had obtaineda decree of divorce
against the mother in a foreign court, and who
now sought to expatriate the child.
twas also urged that this law had no parti-
cularly favorable bearing upon this case mas
much as the Supreme Court, under the former
laws, would have given the custody of the child
70 The mother. 1t was also very ably argued by
MIR Jackson, that the principles of national law
would not allow M. D'Hautevie TO expatrate
the child. The charge that any improper in.
fiuences had been exered over members of the
General Assembly of Rhode Island was ndig-
nantly repelled and after all, the whole accusa-
ton fell 10 the ground when it was found that
Madame D'Hauteville had never acquired the
shortest residence necessary TO avail herself Of
the law, but had left Newport after visit of
three months, the usual period OF a summer re-
sldence at that pleasant watering place.
1t was to be regretted, that this individual case
should have been forced, unnecessarily in the
first instance, as the event proved, into the dis
cussion of a general law and the more so, as
M. D'EIauteve had then petition before the
General Assembly, praying to be excepted from
the operation of this law, and that Madame
DHauteyille was prepared TO oppose the petit
ton
There seemed mingling Of the judicial with
me ." ahS Gem65a A 81 he
merits of the DHauteville case, although sym
patty is naturally excited for mother, strug-
Cling to retain her child Whatever may be the
abstract merits Of the case, STILL had the law
been passed by any improper means, its repeal
would have been demanded by every rrnci-
pie of Justice and honor, even II It was good
law and was re enacted the next day but the
General Assembly, by their vote, decided that
such was by no means the case.