Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1848-01-15


pay mrnt OF all the debts and. il the estate is
hot Sufficient 10 the payment O. the d, bits. she
moses all. But the wife cannot encnmber the
: rea psmte she holds in htr own right, and upon
her death, the while vests h the husband, do.
ring his natural life. e"
The policy. as well os the Justice of this di.
tinc,ion made by the law in favor Of the hrs.
band. and against the wife, may well BE- ques
TONED. The liberal and enlightened sp rit o.
the age, has developed and secured The rights OF
M 90 nd has redeened women and elevated
her, from the doe rading position she occupied,
and placed her. where she always should have
been. At the side Of her husband, his equal in
rank and dignity. Then why should her rights
tf property still be, 10 great extent. on,rollrd
by the contracted and iliibersl euactments OF
an age when her husband was her lord, and he
might ci,as,ise her, bv law. as it she were ser.
want! Our law very carefully provides. that
the husband shall not. without the formal con.
sent al his w,te, convey his real estate hy deed,
SO n 10 bar her right of dower, and il this con.
cont IL not gwen, hfr righ, is projected, after
his death. against the claims of his creditors.
Now. II this he a sound principle. and worthy ~
the solemn sanctions il has received from the
Legislature snd the Judiciary, why should II
not he extended. so as to preserves 10 the widow
her dover. in all cases whore the husband has
not only by derd. but by Other means, sanction
cd by the law. disp. sed OF his real estate, with.
cut the formal consent of his wife ! II the hus.
band contracts debts, his real estate j. as I. fec.
tualiv transferred by the law. for the nee Of his
creditors, as If he had conveyed !, hy deed. with
the consent of his wife thus the law. III pre-
sent, nal bl,s the husba nd. by une mode at Trans
/ fer, to bar his wife's dnurr. ~htou, her con
sent, while il orotects her right with hf great
/ est per'inaci,v. If Re adopts another mt'c nf
/ transfer. l'the widows right of dowpr ,s rood
( in one case. Hs l. universally admitted it ise
,quny ss good in the other, and the power of tho
husband to take it away. by changing the oode
Of transferring the estate, ia d. strvciiva of n
sound and wen pstabiseh principle, and should
he repealed This conclusion appears 10 ,ne 10
be irresistible: and l,theretore. rpci,usnr nd the
passage of a law, securing to married women
their right Of dover. in ~ casrs where the cs
,ntcs Of hei, husbands nre transferred. after the
/ passage Of the act without their formal consent
in the annual message. 10 the Legislature a,
the last session. and in several messages contai.
ming Obi C ions 10 bills tor dissuivine marriage
c.ntrscts, / have expressed nv opinion u1on
the subject of granting Legislative divorces -
These opinions have been Strengthened by fur
ther ref, cllon, and shall aLhsIe TO them.
The great purposes tor which the law ma
/ king power was establh bed IN the Common.
wealth, have been accomplished. General law :
have been enacted, and have received the sppre.
baIon Of the people, tor securing the enl'y.
! ment Of the life, the liberty and reputation ~
| the citizens and for protecting them in the &C.
qnisItlon. possession, and ,ransmssion of proper.
! ", and in the pursuit o, their own happiness.
! The foundations Of good government beng thus
J lam ba ~ III, a,
annual sessions, 1t more occupied IN providing
tor the contingencies that arise IN the progress
OF our affairs, than in changing The organic
! laws, as Is aues'ed by reference TO the annual
ennc'men's OF the Legislature. For some wears
past, but few general, while a large number of
lucnl laws. have hpen enacted The tendency
seems TO be TO substitute special, for general lr.
uislat on; prsc ice which NAV we'll be regar.
ded ne of doubtful utiliiy--aBd il presents a
question, which, in my opinion, deserves grave
consideration. General laws, affecting the
whole community, receive, in their discussion
the deliberate consideration Of N the Kepr, sen
iatives ofihe people. That which interests n
arrests the attention, and secures the care and
close investigation of all. Hence, genera. aws
: have impressed upon them, the wisdom. the sx
perieuce, and the Judgment. of every member OF
the Legislature. Having recr,ved this ,'eibcr
ate sanction. they usually mee, with the sppro
baton OF the people, and become permanent
rules a action. This reason,ble practice. limit,
and simplfes The questions Submitted for leais
lat:ve discussion, is calculated 10 shorten the
sessions reduce The expenses Of the government
and give dignity and importance TO the proceed
ings OF the General Assembly '1f .t 'rf' -
tn the other hand, local legislation excite,
no interest. A lev metnbrrs, only. who repre-
lao 10. k,r ,..t
the change OF the law is proposed, are concern
ed m arranging the provisions, and beng Ia
: often passed upon their request, those specia
} ucts are sent forth, with all the iWperfec',ons
which the wisdom ard deliberate re Of IN,
whole body, If they had been general isws
would have corrected. The direct tendency q
this practice, is to multiply The demand tor Ia
, cal laws--a demand which has increased fron
, year 10 year. TO an alarming extent. which n
industry ot the General Assembly will be nbl
wialn the lun,ts Of an ordinary session IN salts
p ty, If the practice is coniinue,, l. il not i'm
{ practicable, ~ y grea, State like Pcnnsy lvani
to provide special acts To meet all the diff; reu
!, aud changing views Of the cii zpns, OF ever
: borough township and county and Il this wer
+ practicable. would not the p,Iicy of eslsbl'shin
: an Infinite variety nj different rules for The sam
= people, be exceedingly questionable. and ntr'
J, duce great confusion and uncertainty ,-W"ui
@ II not defeat one great and beneficial object I
p sonnd legislation, which is permsnency If N
'f laws lis there not true wisdnn, and soun
u policy. in preserving aud strengthing the unIl
= Of the Commonwealth, and in maintaining Nm
;. form interests. customs and habits II L. ttu
e there are shades Of difference in The conditio
,, and locsl circumstance Of the citizens OF sep
p, rate districts az the State but in an sdvsncr
3 aud imprrving country. where Intercourse
4. Lirnct and iha social reluiians 1l Liz. ara