Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1846-06-04


You are respectfully referred to the report of the
Surveyor General for information in relation to the
operations of the Land Office, during the past year
by which it will be seen. the receipts into the Trea-
sury, from that source, have been increased.
The final Geological report, now finished and
ready for the press, has been deposited by Henry
d. Rogers, Esq. the State Geologist, with the
| Secretary of the Common wealth. This report is
represented to contain general and scientific view
of all the Rocky strata, and their contents-their
order of arrangement, and the region of country
they occupy, and representing, in detail, the stua-
ton of every layer of Coal every important vein
and bed of iron ore, and every other mineral depo-
site, of utility, within the state. The state has
pended large sum, in collecting the materials,
and information, contained in this elaborate and
extensive report, which will be in great degree,
lost, unless it is published. therefore, recon
mend the subject of publication to the early atten-
ton of the Legislature.
| The rights of property of married women, pre-
sent in my opinion, proper subject of legislative
consideration. By our laws, the husband upon
marriage, possesses the power of becoming the alb.
soute owner of the personal estate of his wife, by
reducing it into possession and when he thus ac-
quires this ownership, he may dispose of it by will
at his death, 10 whom he peases. She has the
privilege, by law of renouncing the estate or pro-
perty devised bequathed to her by will; and upon
such renunciation she is entitled to dover of her
husbands real estate, of which he died seized. The
wife has no control of her own personal estate, or
of that of her husband during the marriage, un-
less it be an extorted allowance for necessaries
and at her death, she has no power to dispose of
even that which was her own, by will; but the
whole belongs to the husband. The husband may
cucumber bis estate, by contracting debts without
the consent Of his wife; and upon his dying intes-
tate she is only entitled to the onethrd of the per-
sonal estate and life estate in one-third of the
real estate after the payment of all the debts and,
if the estate is not sufficient to the payment of the
debts, she looses ALL But the wife cannot encum-
Der the real estate she holds in her own right, and
upon her death, the whole vests in the husband,
during his natural life.
The policy, as we'll as tne justice of tnis dstinc-
ton, made by the law in favor of the husband, and
against the wife, may we'll be questioned. The
liberal and enlightened spirit of the age, has deve-
oped and secured the rights of man, and has re-
deemed woman and elevated her, from the degrading
position she occupied, and placed her, where she
always should have been, at the side OF her hus-
| band, his equal in rank and dignity. Then why
should her rights of property still be, to great
extent controlled by the contracted and illlberal
enactments of an age when her husband was her
lord, and he might chastse her, by law, as If she
were servant! Our law very carefully provides,
that the husband shall not, without the formal con-
sent of his wife, convey his real estate by deed, so
to bar her right of dover, and if this consent is
not given, her right is protected after bis death,
against the claims of his creditors. Now, If this
be sound principle, and worthy of the solemn
sanctions it has received from the Legislature and
the Judiciary, why should it not be extended, SO as
to preserve to the widow her dover, in all cases
where the husband has not only by deed, but by
other MEANS sanctioned by the law, disposed of his
real estate without the formal consent Of his wife
If the husband contracts debts, his real estate is as
eectualy transferred by the law for the use of his
creditors, as if he had conveyed it by deed, with
the consent of his wife thus the law, at present.
enables the husband, by one mode of transfer, to
bar his wfe's dover, without her consent, while it
protects her right with the greatest pertinacity, if
he adopts another mode of transfer. If the widows
right of dover is good in one case is universally
admitted it is equally good in the other, and the
power of the husband to take it away, by changing
the mode of transferring the estate 10 destructive
of a sound and well established principle, and
should be repealed. This conclusion appears 10
the passage of a law, securing to married women
their right of DOVER in all cases where the estates
of their husbands transferred after the passage
of the act, without their formal consent.
In the annual message, to the Legislature, at the
last session. and in several messages containing OBJ
jections to bills for dissoving marriage contracts,
have expressed my opinions upon the subject of
granting legislative divorces These opinions have
been strengthened by further reflection and shall
adhere to them.
The great purposes for which the law-msking
power was established in the Commonwealth, have
been accomplished. General laws have been enact
ed, and have received the appreciation of the peo-
pie, for securing the enjoyment of the life the lib
ery and reputation of the citizens and for protect
ing them in the acquisition possession, and trans
mission, of property, and in the pursuit of their |
own happiness. The foundations of good govern
ment being thus laid, the time of the General As
sembly, at its annual sessions, is occupied in
providing for the contingencies that arise in the
progress of our affairs, than in changing the or
ganic laws as is attesed by reference to the annual
enactments of the Legislature. For some years
past, but few general, while large number of local
laws, have been enacted. The tendency seems to
be to substitute special, for general legislation
practice which may we'll be regarded as of doubtful
utity-and it presents qaeston, which, in my
opinion deserves grave consideration. General
laws, affecting the whole community, receive, in
their discussion the deliberate consideration of all
the Representatives of the people. That which in
erests ALL arrests the attention. and secures the care
and close investigation of all. Hence, general |
laws have impressed upon them, the wisdom, the