Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-11
:. h. estate from her demands, for her claims


swepl away 10 satisfy her husbands tebis, or Is
souaudered by his improvitence: are such cases
10 destroy the influence and paralyzc the operation
Ola uIe that is just and proper in Us genera ELECTS
What law or Yhai principle can be adduced ina
will nut sometimes produce suffering, nardsn'i
and iniuslice1 There IS not one promulgated
The code OF the legislator, or announces ~ "
lessons OF The legal sage. Whose iauiI Is "
such case,7 Surely il is not in the Law, inr
law did not compel her 10 marry spehdthfiN o.
bankrupt The law max ample provision 10
ner projections: but this will be more particui 81
ly alluded 10 hereafter. Buf for every case 9
his kind are there not dozen in which IN
wife is gamer by The marriaee2 Does she mol
in general. better her condilion2-does she no
secure home faithful friend and protect IL
maintenance and freedom from pecuniary Dur
dens7 To hear the proiessed advocates, par ret
isnls, of female rights, one would suppose ina'
every wife was an helresS, every HUSBAND
prodieal bankrupt But how much oltehet II
The contrary the casei -.
Has any ole ever known husband 10 disSi-
pate his wiie's estate without al The same time
wasting his own1 Does every husband who has
married woman owning property squahiet hei
estate7 Can any law be devised which VIII
proven, meB, generally speaking, from wasting
The property OF their wives, and yet enable them
greater offence for man 10 spend the pro-
peTty OF the woman who has CHOSEN him out
from The mass of mankind, who has united her
destiny "iur better and worse" with his own,
who has become according 10 all law, human
and divine, zone flesh" with himself, than it IS
TOR him To make way with the patrmony he
has inherited, or The acquisitions OF his own e1-
erlion7 Does not The wife, by pronouncins her
bridal vows, agree 10 share the late OF her nus
band in all worldly lhings} Is the man whose
name she has assumed, whose house sae lnhabit>,
whose Standing in society taa great extent reg
uates her own, to whom she has committed her
person. TO whom she has yielded The control Of
her actions, 10 whom she has devoted her hopes
OF temporal happiness, who is the guardian OF
| her rights and The defender OF her character
| around whom her affections cling with tenacious
| tevuedness-is this man, | say, TO be held I'M
| worthy 10 have The mana cement OF her pIoperty1
II his question be answered a iii mdtveir, might
| we not we'll ask whether such man Ought 10
exercise control over Ais OtDn propeny} BY
| what chain Of reasoning cal il be shewn that a
| man s The proper steward o. his own effects,
and YET proved 10 be incompetent 10 manage
those OF his wie7 Is wealth preferable 10 hap
pness-is the purse o more value than The per-
SOM
Ira man be deprived Of his wiies property,
the burlhcn OF her ma inlenance discharged IRON
| all obligation from her debts, protected against
| all liability Tor her actons2 Would not justice
seem 10 require that when he had fallen iGio MS
last Sleep his heirs and creditors should receive
| his estate Tree from her caimsl Are the hns-
bands rights 10 be curaled aud all his response
bilies 10 remain in lu iorce2 Is the wife alone
the object OF solicitude TO these would-be refor-
mers-ls she 10 enjoy their sympathy So exclu-
siveiy that none can be spared To the husband2
Will The advocates .! this innovation arene that,
in relufn ior The exclusive control VI their own
property. all wives shall maintain themselves,
pay their own debs and reinquish all claim 10
| dover in the estates OF heir husbands Ii they
do. [ imagine Iha, our female friends will give
! them but Ile thanks,
My second great Objection to The prop psed IN.
nuyalon is that j, would be contrary To good po-
Icy In The first place, The right 10 maxi conIrac'-
must accompany The power TO manage properly;
tor The control OF he property necessarily IN
| wolves The power 10 make CONTRACTS relative 10
| that properly. The one power is vain. useless and
| Intellectual, without The other. This power must be
vested in the VILE independent Of The husband;
Tor II he have The ability TO control her contracts,
| ne has in effect The management OF her estate
The obligatory effect OF a contract always accom-.
| panies and depends upon The legal pODer 10 maze
hat contract then il The vile be endowed win
| power 10 make The conlgaci, she Mus, al nc
same time, receive The capacity 10 erivsce rs
pcriorma ice by legal means, and a $50 b. suhl ct
10 a lablIy Tor failure 90 her UWn part. Now,
as the right 10 l1sas lEs contract may be eYer
cised without the husbands concurrence, ne
ability 10 enforce and The liability perform lha,
contract must both exist withou, regard 10 his
authority Al once, therefore, The wife could sue
nd 70 su,d, sspai aIeIy from nor .. Dand ~ ea
| cnsiye AMI important class oi legal rules an!
principles you'd b. swept away-an almost radi-
cal revolution III The lay OF he tume>ic Ica
tons would be The result; lhe frame work OF our
social policy would be shaken 10 lis GENRE, The
habits oil our people would undergo great II
mol total change, and the system OF society would
require thorough Reorganization.
The interests oil society require that properly
should ne i=lt 70 circulate and change hands as
freely as possible; that j. snol!d be lramlneIlej
10y as lew burdens as can be- imposed ep0n IT,
But The proposition nov under consideration con-
alcts in this respect with The general interest /
is necessary 10 The tree and beneficial circulation
and exchange CT property that Inc little should he
untisPuted. u douots are thrown o,er the lille
ii latent claims ale likely 10 b. asserted The
purchaser and dealer will be deferred from inter
meddling with the effects. Few men care about
uying a lawsuit or il they do make con.lac,
sis! upon proportional diminuiion .! he price.
A moments reflection is sufficient 10 show that
the ghs OF the vile, under The proposed arrange
Rent il il be riade general 10 lis operation, vii, /!
seriously embarrass every branch Of trade and
commerce. So intimate is the connection be- !
tween husband and wife that no one, a stranger |
10 the affairs OF the family, wouLt be able 10 d.,
tinguish The goods OF The one from he effects o |
the other. No purchaser could be sale in dea,-
ing with the husband, for he could no, Tell what
claims might be asserted by the wife Her con-
SENT Or, at least, her disclaimer Of title, you'd b. |
necessary TO give validity 10 every contract =
The dealer might pay 10 the husband III price o, |
The horse, The saye or the subject OF sale, ant IN
the nexl day he arrested al tie sGit vi tie wife |
for the Identical property. We may readily i'm
aginc cases in which the wife might refuse 10
concur in The husbands wishcs--lhc almost in.
eyitable result would be disSenson and hear
burning. Again. the wife might Judge that
particular disposition OF ncr property would lie
advantageous, in opposition 10 the opinion ol ihr
husband; still, having The management OF her
own estate, she nigh, carry her wishes into a.
iect despite OF his unwillingness perhaps 10 he
derrirle1: Of his interests Can any combiaa-
lion Of circumstances ps in.as,le!, be!ler cal.
culaied To destroy the confidence Sc essential |,
the operations OF trade or mure likely 10 destroy
the peace AMI harmony Of families and snbycri
some OF The Iosl important ends OF the insliln.
lion Of marriage?
But, grant that none Of these evils shall be ex.
perienced during The lives of The parties; tina,
they may have lived together in quiet and peace,
improbable as such supposuion may well b.
considered, yet, upon the death oil The husband,
his executor Or administrator will assert claim,
which will cause a new class VI difficulties
Who can tell what properly belonged TO The
husband and what 10 The wite2 Not one estate
in a turdred could be administered without
lawsuit c,weer The ezecu.o. and the wife.
Equally serious-nay, more so-are Tie ob.ia.
Giles which the proposed innovation would throw
10 The way CT creditors. When the creditor had
recovered his judgment agains, lac husband and
proceeded TO levy execution upon his goods and
chailels." the wi-'s claim might starr 10 in his
path. BY What earthly means could sheriff, or
any one else, tell whether particular piece of
property was part OF the husbands or the Wie's