Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-21

people OF my adopted State than to believe, Tor an m
slant that ii this law held up distinctly before u.s.
in all its revolving delornity, for acceptance
lection, would hesitate single moment in condemn
ing and rejecting It.
But there are sins Of omission as we'll sins Of CON-
mission. What avails it that think justly and feel
rightly If that Just thinking and right feeling bear
rul Say delegates Of the people Of Indiana;
and say whether you whether those who sent you here
are nniltess in this thing2 Have you done iusticel
Have you loved mercyl Have you visited the widow,
in her affection? Have you rather, by tOleratng
your Statute Book such law that, trodden down the
crushed heart added new weight to the heavy burdens
fresh sting the grevous sorrow of her, whom the be-
reaving hand of Death has already cut of, alike from
affection and from support2
The instance here selected in proof that our law ma
kers have neglected to guard the interests OF that sex
who never enter our legislative councils TO speak for
themselves is far from being isolated one Take an
other item from the statute of descents the every
day case of husband dying intestate and leaving wild
ow and children. In that case, every one knows,
the widow as TO her husbands real estate has dover
only she is entitled during lfe to onehird OF Its rents
and profits The law considers II impolitic trust her
with than a third of the rental. Ask any member
of the legal profession the reason Tor such dstust ard
he will remind YOU that the interests of the children
must be cared for, be guarded against neglect
injustice. Neglect Injustice from whom, pray youl
pose it is the wife who dies, and leaves widower and
the children she has horne him. What portion OF the
and profits of his wiles real estate does the law
assign to him? The whole As tenant by the courtesy
ne takes the whole Dut there are the Arc
their interests be cared for? Are they to be
protected against neglect Injustice! Mo- not in the
case of the father Nomistrust of him. No fears, that
he may marry again, and that a stepmother may rule
bis household. The father is trusted The mother IS
not Does not nature, does experience, does not
Holy Writ itself cry out against the nvidous prefer
cncel 'Can mother forget her childl Ii there be,
in this world holy sentiment, one feeling strong,
faithful trustworthy universal in its prevalence, that
sentiment that feeling mothers love- for the child
she has borne and nursed.
ask vou Mr. President ask my fellow-deegates,
whether it need further argument to prove, that We
ought misrust ourselves, when act in any matter
touching the rights and interests OF womeni The absent
hare been forgoten they who have no vote or voice
here hare been neglected. il avas nothing to conceal or
to deny it.
But let rs turn to the question more Immediately before
US. Let us pass from the Of the widow and look
TO that of the wife and let enquire, whether the
interests of the are better cared for by law than
thos. of the other.
The old doctrine of the Common Law that the legal
existence Of the is suspended during marriage,
the doctrine that has existed for centuries in Eng
land, still substantially regulates, in majority OF the
States the relations ohusband and wife, to property
In general way, the legal effect of marriage is,
First The husband becomes entitled from the instant
Of marriage, to all the goods and chattes of the wife
His right is absolute, unconditional He may sell
every part of his wfes personal property whether OWN
ed by her before marriage coming 10 her alter mar
rage except only her necessary apparel"
A married woman cannot, therefore, legally sell the
article oil personal sue
give away the most trining trnket matter whether
was inherited the produce even Of her own labor
farmers wife cannot in her own right sell the poul
try she has raised the butter she has made Under
ordinary circumstances, sale by her of poultry but
ter in the market is indeed good but that is only be-
the law regards her her husband agent just
would regard his hired aborer town TO sell
the same articles.
Even f husband neglect provide for his children,
and the wife, by her labor support them the produce OF
her labor his. Say that he has been absent for weeks
or months squandering what money he has in dlsspa-
ton say that in the mean time, his wife, faithful to her
home duties, has contrved, by constant labor, a
seamstress perhaps, awasherwoman, TO supply his
place suppose that she has laid by her trunthe
trunk perhaps, in which her mother had packed, with
careful hand on her daughters marriage day, the little
property she had give hcr-suppose, that the wife
had laid by in that trunk few dollars hardly and Bit
terly earned saved with difficulty a scanty fund TO
purchase clothing for her children against the ncemen-
cy of winter and supposcalas! how often is the
real one-suppose that the drunken husband comes
home evening, breaks open the trunk aad carries
of the money; is that larcenyi has he stolenl By
no He broke open his own trunk. He took, so
the law declares, his own money!
Secondly The husband acquires, in virtue Of the
marriage the and profits Gin all cases during her
life,) OF his wife's real estate.
The wife loses them absolutely she docs her per-
sona property The husbands prospectvcrght TO shen
throughout his life may be sold, common law, for the
benefit of his creditors.
Thus, II we suppose married woman bringing, In
two three hundred dollars; enough il it assured
TO her. TO maintain herself and her children; then, il the
husband by extravaganza otherwise become involved
in debt his right during le to this rental of his wiles
estate may be taken and sold execution. The fee o
the real estate remains indeed in the wife, bat its rents
and profts-all that il shall yield during the husbands
Iegoes to another. IT. under these circumstances the
husband desert his wife and children she remains with
out remedy resource. Death alone by removing heI
unworthy partner, the deserted the
means OF supporting and educating, from the produce
her own land, her own children.
The fragrant injustice of this provision of the Common
Law led, about four years ago. the passage OF Stat
ute by our Legislature that the and profits OF
married womans lands ''sha be deemed and taken tc
be her separate property and may not be sold for he
husbands debts These words of the Statute BAR be
lieve the marital right. All this is we'll as far as il
goes.
In all cases. then in which farmer or other person
is sufficiently rich be- able give TO his daughter
her marriage, to bequeath to her. his DEATH prop
erty hand she Is already under Statute protected
IN its rents and profits But this protection does not
tend personal property If a father or n mother be
too poor spare the daughter farm; if all they car
give be but certain household furnishings turned off from
the old loom perhaps that stands in the cabin corner
the produce OF long hours OF maternal labor SPENT tina
lavorite daughter may not 20 empty handed her u
ure home if this be all the young wiles property the
law refuses any protection whatever, whether agains
the husband or the husbands creditor. The mother
last gift may be sold off in the public street by care
less constable reckless husband. 1 have i
done. Some years ago. there came to New Harmony
the village in which l reside, young men. from
Kentucky, where but few weeks before they had mar
ried sisters. While awaiting "a boat, they persuaded
their wives, the plea of economy, TO occupy cabiI
about mile in the country, leaving behind them
five or six large boxes containing various articles o
home manufacture OF the most substantial character
sheetiHgs, towelings, eoverets, blankets, and large
stock OF home made clothing. The next day the
drels opened these boxes sold off at public auction
every article Contained therein and the day after lef
for parts unknown, with the money which they had lie
galy; but most inquitously, obtained The poor girls