Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1848-11-21
01MlM5lDNIUAg ,ll0EySo
For the Express.

Should there be any distinction made
by law between widows and widowe rs?
or should not Widows rights and privi-
leges be as extensive over her deceased
husbands property as are his rights and
privileges over that Of his deceased wifes
property? Among the many and some
times unnatural laws, which have been
from time to time enacted for the regu-
latlon of the descent Of property, there
Is not one more unnatural and conse-
quently not more artificial than that
which makes distinction between sur
viving parents, Laws which make such
a distinction must presuppose that the
rights of men and women are not iden.
teal; that woman cannon acquire and
possess and enjoy and dispose Of property
by the same law as that by which a man
can.
These artificial and unnatural rela-
tions have been provided for US by our
Anglo-Saxon ancestors, and although we
have swept away the artificial founda-
tons Of the laws themselves, we have
retained the more odious part,-the un-
natural consequences.
The whole fabric Of English property
law isan artificial contrivance based upon
artificial principles. The Aristoc ratio
systems Of all Europe are built upon
these artificial and will say false prin-
ciples and these principles are nourished
by the Aristocracy. 1t matters but lit.
tie to US to know whether the Aristocrat-
lc system is an emanation from the prin-
ciples or the principles from the Arisoc-
racy, it is sufficient for our purpose to
know that they sustain each other and
that one cannot long survive if the other
be destroyed.
The law Of primogeniture, which is
still! sustained in England, is one of those
artificial laws on which the Aristocracy
is based. This has been swept away in
our system, the grand effect Of which is
that an artificial superiority is not given
to the eldest son over his younger broth
crs and sisters. Instead of following the
English law on this subject, we have
had the humanity to follow the dictates
of nature and Of reason. In doing this,
we have knocked away one of the main
props oil Arstocracy.
But there are other props which we
have not yet knocked away, and which
stand still as if to remind US of an age
gone by. We can read Of those past
ages without these barbarous moni,ions,
and it does seem that the time has urriv
ed for clearing away the remainder of
that rubbish which gives kind of sick
~ growth TO Aristocrucy-alienates the
affection Of children from their widowed
parent, and causes parents to seek pro
lection from an artificial, instead Of a
natural system of equity | alude to the
laws relating to the Dover Of widows.
This law is part Of the same old sys.
tenn on which the Aristocracy is based,
and which gave US the law that the ED
est son must be the heir. The law OF
Dover was even necessary for the sus-
tenance and growth of that system; for
although the apparent objec: Of the law
was to endop the widow, i. e. give her
something to live upon, its real effect was
to deprive her of her just rights as an
individual, and Of her natural rights as
a parent. Where was the necessity OF
making law for the mother diffe rentfrom
one made for the father? Suppose that
the mother died first, was the father en-
dowed out Of the joint property? Oh no,
that was unnecessary; he took the whole
by survivorsh'p. While they lived, they
were kind Of joint tenants. If the moth
er died first, the Aristocratic chain was
not affected; indeed, there seemed to be
but little harm done--the father retain
ed his full rights as parent and as an
individual; but if the father died, the Id
est son, if old enough, was daily installed
heir. The mother lost her rights both
as parent and as an individual, and in
stead Of representing her deceased hus-
band IN the government Of her children
she became stranger in her own family.
Under such system, it certainly was
doing something for the mother if they
gave her any thing; the wonder is, that
she was not classed among the youngest
children. But now that the whole foun-
dation is gone, why retain in our system
any part Of the superstructure?
In abolishing the unnatural law of pri-
mogeniture, we have placed males and
females on the" same equal foundation;
and on what principle Of right or justice
do we found our action, when we DESTROY
this equality by their becoming parents?
Their individual rights are in some meas
ure united by marriage, and whatever
rights are by law allowed to survive to
one, should equally be allowed 10 the
other. Their personal rights, recipro-
cal duties and obligations to their off.
spring, if defined by law, should allow
both the same measure of right, and i'm
pose upon each, the same duties and OBJ.
legations. d 4 MAHoNY.
CoNGREssMEN ELECTED IN PENNsYLvA.
NIA.-The returns received indicate the
election Of the following Members of Con
gress in this State:
District-Lewis C.. Levin, native.
Joseph R. Chandler, wing.
8 II. D. Moore, wbig, gain.
" John Robbins, jr., dem.
Is IOhn f roo1lou