Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-12-26
Constitutional Convention.

the right of married women to hold propertythe ques.
ton being on Mr.. Homans amendment to the instruc-
tons offered by Mr. Petit
Mr.. HOLMAN modified his instructions as read
follows:
'The real and personal property of married women
shall be and remain secured to them equitable cond
tions, by law"
Mr.. fErrrr moved a call of the Convention, which
was ordered, and the absentees sent for.
The call temporarily suspended; when
Mr.. OWEN said, it was evident the Convention would
either adopt one of the two amendments before ii,
or else, getting weary of the subject everything
down. But if the latter course was adopted II was
thus to be got rid Of Surely the Convention did not
think so meany oil the perseverance of the friends Of this
measure imagine they would rest satisfied without
renewed exertion: that they himself, would be de-
TERED by personal abuse or misrepresentation. lie
owed, he said, woman, mother, wife, as friend
the best and happest and purest hours Of his life. He
owed 10 the debt of gratitude which if he lived TO
the age assigned the patarchs Of old he could
pay. But something he might do TO lessen that debt
and that little should be faithfully done He said, IL he
aint-hearted he might take courage from the evil
dences of approval that came to him from every side
He had notices of the press in all parts
of the State endorsing the section in question and had
heard Of but not seen, obscure paper only which
took ground against it, Within three days past he had
received two indications OF public sentiment one from
Lawrenceburgh, announcing meeting of ladies take
their property rights into considerations from Terre
Haute the Journal which the editor declared the
tlon chad his hearty approval and that he regarded it
IA benign measure which marks epoch the advance
of Christian civilization" He vlndicated the course Of
the ladies who had taken an interest in this matter and
denounced in tbs strongest terms the conduct of men,
IN and out OF the Convention who might assa their
motives character. He then took up Mr. Pettit's
amendment and showed that 1t for the protection
of the property Of married men, of married
Then he replied Mr.. Niles taking up the points of
his speech, one after another He said if he and Mr.
Niles could have the good fortune hear together the
queen of song, Jenny Lind pouring forth of those
strains which elevate and ennobe while they enchant he
would be willing, at the close ot the piece, 10 leave II 10
his friend from LaPorte to say whether she would have
been worthly employed washing dishes and darnng
stockings in Stockholm. He then alluded to Hannah
Moore, TO Miss EdgewOrth to Mrs. Hcmans and a
poetcss OF State and asked Mr. Niles whether
he thought 1t better for themselves and the world
that these and other gifted women should employ the
noble talents God had given them improve to elevate
delight mankind; or whether the limit Of their sphere
should be- make pies and puddngs for the gentleman
from Laporte and the of his hgh-nnded and
generous sex.
lie then took up Mr.. Niles statement that he (Nr
NJ in denying propery-rights women did so, ''not
that he loved Justice less but women more'-and he re-
piled to this by saving, that according his feelings the
love of noble mind sought to elevate its object social
" and legally to an equality with ITSELF that he desired
to be ones master as he ones slave that he
kaen how he (Mr. o. would feel if he were condemned
to pecuniary dependence the dearest friend and
that what he was not himself willing to endure he desr
cd others from He concluded by saying that the
only practical questions were, whether should
endorse the law of 1916 as to real estate and add TO it
the words personal property"
Mr.. READ of Monroe said, this a sub
cc to him. and did he not feel deeply on the subject he
would not trouble the Convention with any remarks
He had from his earliest recollectOns, opposed
the common law principles on the subjects and he had
always advised his friends cvade the law through the
intervention of trustees; and in Ohio, he had
bless the hour when he gave advice in one instance,
which rescued a woman from poverty and ruin conse-
quent upon the of Profligae husband. He then
gave history of the common law in its PRACTICES and
answered the arguments that had been advanced far
as Christianity is concerned.
MIR. PETIT remarked, that he attributed to the hon.
orabe mover o this question the best and pures mo-
tves. He had served with him in the Legislature in
this Hail. and Tor four years in Congress, and believed
there purer in manpers and morals than
Robert Dale Owen But he could not go with him in
his proposition The difference between his instructions
and the amendment of the gentleman from Dearborn
(Alr. HOlman) was, that he opposed separation of
interests in property between the husband and wife.
His amendment secured the property of the wife from
the creditors of the husband and this he thought
sufficient All his feelings prompted him to do every
thing in his power for the benefit of woman, AMI he
would il he could, support the gentleman from Posey
in his efforts. But higher duty compelled him to diff
fer, and wishing do all he could, he had offered his
amendment which he thought going far enough for
the benefit of all concerned
Mr.. HOWE opposed TO anything the subject );
hut, alternative he would for the instructions
Of the gentleman from Tippecanoe (Mr. Pettit) Be-
fore he down. however, he would indefinite
ly postpone the whole subject. 1t true, that
similar provision had been inserted in the Constitutions
of other States but there had been practical work
Il
ency. II adopted statutory provision, it might
be repealed with but little injury. There
practical difference between the amendment and
the section originally introduced He cond not
see how gentlemen could oppose a homestead ex-
empon and support this section. If you create sepa-
property, YOU authorize separate suits. II
you give the separate right of property, YOU
must give her the right 1t is but part and
parcel of the womans rights, contended for by Abby
Kelly and Folsom. He thought there were inducements
sufficient urge any reasonable to 60 against the
whole He would therefore to indefinitely
postpone the whole subject.
Mr.. GIBsoN said. the amendment OF the gentleman
from Tippecanoe, mir Pet) in its meaning
the property of the wife for the benefit of the
husband 1t worse than nothing, and he would vote
against it, adopted He denied that the section made
separate interests between husband and wife, although
this had been almost the only argument that had been
urged. The amendment Of the gentleman from Dear
horn, (r. Holman) the only alternative left the
friends of the measure and he hoped it would be adop
ted.
Mr. BARBOUR was in favor of an indefinite postpone
ment. The section had been once passed by very
close vote and reconsidered by large The SUBJ
ect had been agaed throughout the State and the
safer policy would be- to leave the legislative
enactment The great danger is in this country, that
Legislatures in advance of public sentiment
and this IL tina makes laws unstable In Eng
land il was different In that country, they followed
public sentiment On the whole, he thought it was best
to postpone the subject.
Mr. TAYLOR was in favor Of postponement. He
thought gentlemen should pause before ihey interered
with the institutions under which have lived hap
PLY. He had kind mother, atfectIonate vile,
sisters and daughters and it their behalf that he
appeared and urged upon gentlemen destroy the
beauty and harmony oil our present system. he saw,
in this measure more evils than any subject that had
come before him 5 public he had known
married men and women without dollar happy as
any others He would urge gentlemen not to endeayor
and bankers pork dealers, &C. If the gentleman from
Posey would bring forward any measure that would