The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-31
Rights OF Married Women.

on whose motion the section of the new con-
sti,ution it refers to, was struck out, after ha-
wing been previously adopted by the con-
vention =
The It'll section read as follows =
W. All property of the wife, owned Thy her at the
time OF her marriage and that acquired by her after
her husband shall be her separate property Laws shall
be passed providing for the registry Of the we sepa-
s Se1
Mr.. OCoroR called up the question on reconsidering
this section He remarked that the sudden manner in
which had been first brought up had full dis
and led the Convention to form hssty judgment. He
had not argued the point then but rather than permit
would sndeavor compress within the allotted fifteen
minutes argument enough to induce reflection.
And he that due reflection would induce ma.
jory to reverse the former VOTE He regarded this
ton important than any which had been adopt.
edpcrhaps than all the rest of the constitution II
there any thing in institutions that ought not
to be touched by the stern hand Of the
the sacred ordinance Of marriage the relations
England and that Of most other nations, was that i.
established the most entire and absolute union and den
ty Of interests and Of persons in the matrimonial state
recognised the husband the head OF the household
merged in him the Legal being Of the wife thoroughly
that contemplation oflaw she could scarcely said 10
exist The common law Of England the law Of this
he twain shall be flesh" Pure its origin tho
tsin Of holy writths common law rule upon this sub
with ancestors and cheered their first rude cabins
the wilderness; still continued in all its original vigor
and purity and with all its original benign tendency and
influences; unmpaired by time undiminshed in liz ca
pacy to bless by any change of climate external
cumstances Revolution after revolution had swept
the home of married love here and in the mother
try; forms Of government had changed with
versatility but tho domestic freside had remained
touched. Woman, as WIFE or mother, had known no
change Of the law which Fixed her domestic character
and guided her devoted love She had yet known
debasng peeuniary interest apart from the prosperity of
hup lie haAn bar ~
perty her PRIDE her only of power distinction
Thus had society existed it need changer
without invitation, its unwelcome ofciousness within
the charmed and charming circle of domestic life and
there too change the laws and habits Of people He
trusted not. He called upon not only husbands but bro
thers sonsal who held the married respect
pause and deliberate before they fixed permanently
the fundamental law this and dangerous principle
No change should made ia the rules affecting the rela
tons Of husband and wife. The habits aud manners
built these rules and arising out of them could not
be in proved, and ought to be perPetusssd The firm
union OF interests in married life, established by the
common law occasionally in special cases produced de-
Of society benign This exhibited in
the past history Of England and our own country
il was visible in the existing condition Of our PEG.
pie. Why change the law, and by rash expert.
ment, put at risk the choicest blessings enjoy 2
Husbands in America, are generally faithful, and true
projectors OF their wives; wives in America gener
ally models for imitation The least reflection
vince that this state of manners amongst results from
the purity Of laws or These
change with them. The proposition came in an insidi-
Gus and decetfu form came with professions Of
Of all good men; but like the serpents tale to the
first woman, it did not seskto degrade hel.
the pccrnary interests Of husband and wife should re-
main He was no true American who desired to sec il
changed Ift were changed and man and wife convert
sental injury would result to the endearing relations Of
married life. wife with separate estate secured to
her independent disposal and management, might be q
sol her nd in ba
the partner Of his rival Diverse and opposing
teress would be likely to grow out Of such relations
armed against each other to the utter destruction Of
the sentiments which they should entertain towards each
RED life Did time allow he might iuStrse by enhibi
ing the thousand shapes and forms In which those
aicting interests would ops5ste mischievousiy And
ting presentment they would form fatal means Of irr
taton and di.senson 1t might Be said that the uttencs
wives and husbands. Nothing further from his
purpose II was the perfection and purity Of their
his sdmiration His object to defend those rsa-
tons against the imputation that they would b I'M
proved reformed Married life was he wished to
protect It was governed by laws Of divine origin il
was in this country as perfect as human Institutions or
human nature could Be made and he wished i to be
left untouched in all its sacredness and simplicity The
state of society in this respect under the existing law
was proof that it would continue the under
dence in favor Of the existing law. None could deny
that the great fundamental laws Of community in
pect to property have essential influence upon
circle In England the unnatural law primogeniture
prevailed but there with the parent having pro-
~
almost invariably gave the bulk Of his estate to the eld
est SON. In conformity with the law, accustomed and sp
ton Of the dictates Of natural affection puts of his young
er sons with places in the army or navyhis daughters
s,scv % oppo
would consider himself violating moral duty he made
any determinations preference in the division Of his
one equitable claim to better provision than the
others Here the hammer fell, but by unanimous con
sn M Mr. said that
law like that proposed was unnecessary whenever the
particular circumstances of the family rendered
secure the separate estates of married woman, and
that was sufficient for every useful purpose
although II secured married women from being depen.
dent upsn the affection Of their husbands, was to be
feared that too frequently secured them from the
joyment Of any such sentiment II grew up in the hot
bed of wealth and luxury and had never emigrated;
it hourished there only. It affected not the humble cot
the wisdom OF allowing separate settlements in any case;
but he would not enter into that question The theatre
Of their action was lmed-snd lay among those who had
many sources OF enjoyment; and he would not change
tho rule that subject He would leave separate
Elements to take effect emily by the special of the par
large. 1t was the general law Of the state-thc laws
operating alike upon all that law only which
worked its way into the frame of society became
part Of the mental constitution Of the people and perma
nently Influenced, for good for evil the habits,
ners and morals Of country The occasional acts of
individuals have no general influence but the general
law of society if il not the Offspring would always
become the parent Of general morality conforming to
it, He asked the convention to look at the state Of
ciey in the nations Of continental Europe governed by
tho civil law, where the estate Of the wife kept
parae and to compare II with the beautiful and divine
simplicity of the marriage relation in England and this
state-to contemplate high life, with its separate
settlements for the wife, it, thousand Injuries and
few real joys, and to compare II with the domestic
relations they existed in the ordinary walks Of
life, where this device Of mans enemy unknown -
After such comparisons would any man say, that
change from these to those desirable In reference
to the system Of marriage settlements by which in spe-
cial cases. that relation 10 established between and
wife which this section seeks to make universal 9th
yohnson's Reports, 54s. Jaques Meth Church) Mr.
Justice Plat ays"N tends to sever in some degree,
the marriage union because It not only renders the
wife independent of her husbsnd her fortune but
bars him Of participation in IT. by new and increased
impedments, az II he were presumed to be her worst
enemy If matrimony Is not desirable without these
ammels, and fences, and reservations say marry not
at all The ancient rule Of the English common law,