Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-11

| Every hol ,shead OF tobacco and bushel of -,
grown IN her lands-every sheep TIA, or"
her pastures-every dollar earned BY the t. ~ =
of her slayes-will be subject of dnnn,ass:o.'
perhaps Of litigation. Purchasers, eredn".
| executors, surelies, will be engaged in eod,,.
controversies with the wife or the widow. Gr,"
innumerable will be multiplied with li,tls bas
Of redress commerce seriously impaired If
wholly aDnihiIaled- credit proslra,edocoaus
denee baDished-the progress and prosne,,,a
the country fettered by claims invisible bn, = =
the less weighty for that reason-and the COW. ;"
encountered with mass Of litigation. on;o,'
ping the amount OF their business, and infr.;a
a teniold degree of bitterness into their procs"1
ings. from the situation of the parties Iil;ga,,
Indeed lawyers are the only persons who cont.
expect 10 be benefited by the proposed aI,er.
ton.
have said that my third chief objection ),
tie proposed alteration Of the law is lis VOL,
ness l maintain that every proper object d.
signed TO be attained through tue agency Of N,
innovation may be secured under our pre,sn.
system, which affords, in all proper instance,
ample protection TO the wife As our laws .,e
now organized It is always the fault o the W.
or her friends, if any property she NAV po,,a a
nba
ritance or bequest, subsequent to her union /,
squandered by the husband, or taken in sat,sfao
ton of his debts. |. may be the result, of ne
gence or over confdence-it is not the nsue;s,
ency Of the law that is blameable. Wben
herself the responsibilities of matrimon, ia
does not wish thereby 10 deprive herself Of The
right to her estate and confer il absolutely spon
her husband. any lawyer in the land car. IL -
hour, prepare deed OF marriage se!llemeo,
which will etiectually subserve her purposes =
No contract is looked upon with more favor h.
our courts than one Of this nature-none il mora
rigidly enforced-in support of none will SO ma
ny mistakes be correcled-so many defciencis.
be supplied. To such length do our courts
go on this subject, that they will not permit ,oe
parties interested themselves to set aside such ~
agreement. Not only will a court OF equity sus.
tain and enforce the rights of the wife under
8 settlement, but even where no contract ia made
and the husband comes into court OF equity n
secure his wifes property, that court will moi DER.
nit him so 10 do until he has made an ADEQUATE
permanent provision for the wife. A long series
of legal enaclmen,s and judicial decisions have
established tins branch of the law on settled foup.
and lis principles are as well known and
as frequently calle into exercise as those OF anv
other department Of Jurisprudence.
The system OF marriage settlements is mol oh
noxious 10 The objections that are urged 10 The
enactment OF any law, giving TO all married
women the exclusive management and control Of
their personal property. In The first place, the
settlement is made with the knowledge and as
sent Of The husband these are ingredients otthe
compact essential to its validity. He, therefore.
cannot co:nplan-a restriction willingly adoptt,.
by himself differs much from a disability, re-
suliing from legal enactment. The former may
he modified, and adapted to the interests feelings
and wishes OF The contracting parlies-lhe later
is general in lis operations. s,eln and chanseess
in lis effects. II dissatisfied with the disposii,G
OF The properly, h. is not obliged TO 90 90; h.
may withdraw from his obligations. ~ com.
pui>ion can be exercised upon euher parry. rsc
properly being that oi the female, she aud h,r
friends surely possess the right, previous 10 N.
mar, iage to dispose OF il as she or they con>,sev
proper under The circumstances OF The case
Aeain-no one is deceived 5y our plan Of
marriage contracts. II is a transaction open 10
The world. Publicity is essentially Necessary 10
its validity. A description of The properly. ~.
cnrair and eScusive--a Limitation OF the rights
ol all The parIies-a declaration OF The truss
and an identification OF the persons who are 10
enjoy The property aiter The termination OF he
marriage, must all be sc, forth in the deed, wlh
reasonable and convenient certainly. That Cced
IS then recorded in The clerks office Of The coup.
", where il is open 10 The inspection OF ali he
world. Purchasers, creditors sure,ies, public
officers. heirs-al may examine i,-no one
neea. TO lear deception. There is 10 be found
iniorma ion, plain, truthful and conclusive :
Al can ascertain the husbands rights, and act
accordingly. The temptations ~ Inc pefpcTaIo.
81 fraud would be materially lessencd, whi'e me
facility, kin which l. could be perrefaied, would
he sensibly dimin: shed, II is unnecessary toc1-
paiate on the superiority VI the present over he
proposed system IN all these particulars. Ths
fraud, deception, uncertainty and litlga,iop,
Iikely 10 result from he contemplated change IN
n a~. ns.r a;eady been considered.
~ reply 10 some 81 The views herein express.
ct, il may be- salt that the law does not ccpryr
he wife Of h"r real estate and that failure 10 4.
Drive her III II does operate iDlurlously. Da.
he law does deprive The vile OF The manqgs-
mem and prcsts OF her land during tbs marriage.
30 long as the union exists, The husband alone is
entitled 10 The control and possession OF The wiic'a
and, and lakes the "renls and profits" 10 ms
)wn use, ard il there bc issue OF the marriage,
hc husband holds The lands all his lite, whe,h-
r he survive Inc wife or moi. But even II sueh
were moi the case, there Is no Analogy Letwctu
he respective situations ~ real AMI personal
property. Landed estate is fixed, il does not pass
rom hand 10 hand possession is no
Evidence o; title-no man buys land, or lakcs
lien upon il, without examination oil The risG.
u The party with whom he is coniIactrns-~nu A.
Gg is taken upon trust The public records, a..
-ssible 10 all, furnish sufficient evidence of the
iilr: transfers u real estate are always mode
sIh pruipn: deiUeiaiol; they are notorious ac.
IN PARTICULAR form, accompanied by
etinilr ceremonies, and are rare 10 COMPARES,
ylh the continual and countless changes OF per
onal pfoperts, which is, and always ought 10 te
hitting from one possessor 10 another: in shoi
he tissimlaity OF The cases is 50 great as 10 ioi,
i'll an enumeration OF all The particulars.
II such are 10 he the disastrous rrsuls II
ne proposed innovaioE ouf female friends {
kelly 10 be as great sufferers as ,heiI "loni>'
he wife cannot prosper when the husband is N
ecinins circumstances; at least il is nerhpr
Isni nor natural that she should. From ne
auses already enumerated, the value OF personal
rope!iy rs,st ee eens:bi- diminished ~ "a,
duplon vi thus law and lem lies are as much
l'efesed ~ sustaining that value az any Diners.
1cle1vef MY would be more like 10 be IT,
du icd, ron 'relr smaller amount OF tusineS
no@SjGe, Iani'tbcy would BE- involved in tie
osIy and vckhtions litigation resulting rnr
'is revolution IN rights OF properly i IT could
t demonstrated shai the interests u ,aarfrg
'omen would ee thereby advanced, mat lhti.
shts would be more securely fortified and their
appIness promoted, there would be strong III.
hcrnen!s 10 adopt the alteration al all hazarcs,
III wLca We ere forged TO HE coLclusiUn ma
hlle no benefit would rebound 10 our tema3
iends, he peace, prosperity and advancement a
'cIety would be seriously jeorardized, The las:
'mnant Of apology Tor The inncya ion is swep!
way. We do mol desire 10 deprive any womag
jol or titIlc Of the rights and privileges wnlcI
lie now enjoys; but believing them 10 be now
nply sufficient and safely secured, We have 10
sposilion 10 increase them at the ris: OF dong
Justice and wording injury 10 others and nc
immunity. On this subjecl, while we wug.i NJ,
He a reirog ade sep, we are willing TO adsauee.
uf female friends cannot, with truth complain
any wan, CT desire 10 render justice 10 lhem
relation 10 their properly. Married women
'e 'ayorites OF courts OF equity; ana whenever
eir rights snt Interests are the subiecls 0! i,isa
on, Inc courts watch over them pilh sedGou,
H.