Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-12-19


icing secured from execution or the debts Of the hus
band He did not oppose the present Statute Of the
STATE with some slight modiieations IN reference to
real estate He was willing to protect the wife against
drunken and profigate~ husband Legislation should
be applied the individual Of hardship that have
been adduced on this floor rher than as general prn.
cple. lie would modify our law Of desceDts and would
give TO widows greater rights This question, he be-
ieyed although tedious its discussion: would be pro-
ductiye of good, in bringing to view the incidental
wrongs complained Of should the section, is fail
pass-but should IL unfortunately be otherwise, it
would be productive of whitening and bIshtng curse
upon the community. He then proceeded to urge his
directions The spirit of the sections in its present Ian
guage, precisely the same, in the section
originally reported He objected to the phrase in the
seeton that property shall be secured to the OF the
wife, against her husband we'll all others. This
section descends down to property embracing the hog
iattening for the market. The wife would have the
power to cry out to the husband, Glands ohis hog
mine" 1t was conteuded That the term, ION equitable
condtons,v would enable the Legislature adyis
eddy. 1t urged, that to strike ont the words "by
purchase would materially modify the section. This
10 certain extent, would be true But his course
would be, provide for the of hrdships, under
our present law, rather than to uproot society by
sweeping and general provision
i IThe fifteen minutes allotted Mr.. Niles here ex-
PRED; when Mr. OWEN moved, that he be permitted to
proceed, because if Ire able convince the Con-
yenlion that this section should pass, certainly
would he time well spent. Leave was not granted
ayes 76, noes 40--there not being twothirds.
Mr.. HOLMAN sorry tIat the gentleman from La
porte Mr. Niles) not permitted to proceed. 1t
was an important question, and well worthy OF full
and mature consideration. MIR Holman had opposed
the section, originally introduced, because he beev
ed its tendency and spirit would be, sooner later,
separate interests between husband and WIFE and
would tend to destroy the bond cement between hcm
unity of interest. But he looked upon the section,
it Stood in different light. He would for the
section should the word purchase" be stricken out
The law tho property Of the wife, on equt
ale conditions, both before aud after the death oil the
husband. While he opposed to any law that would
destroy the unity oil the married relation, he had here
tolorc remarked, that he in favor of reasonable
notifications He referred to three laws,
ute book securing the real estate of the vile, beyond
the control of her husband emaarrass 1.-THE law in
relation TO widows, the right of DOVER c all secured
on equitable conditions.
Mr. HovEY said that some gentlemen had opposed
this because they wished nothing adopted the
subject. Others had objected to the section, origin
ally introduced He believed there was necessity for
+ modification of our laws. But there were those, he
feared, who opposed tins sections solely because IT came
from his honorable colleague, from Posey. There were
those who said they opposed it, because incon
sIstent with the Christian religion. He could not be-
eve gentlemen sincere in urging this argument He
then referred the countries in Europe that had adopt
ed laws in relation women. liberal than the
ton under considerations six States IN this
Union, and to the right and justice Of the matter in is
! sue.
Mr. CLARK denied that he was actuatcd, in bis oppo
sition the section because emanaed from the gem
tleman from Posey Mr.. Owen.) He had opposed it,
because it was branch OF socialism, which he wished
to put down.
Mr.. NAVE would support the section If the word
purchase is stricken out. He had thought evil might
grow out of that word but he believed the women of
the State had rights which should be protected He
would be ashamed TO against provision that would
secure TO the women OF the country the property given
them by thr parents and he wonid secure the propet
OF tie widow after the husbands death.
Mr.. CooKERLY had opposed the section from the first,
because he believed it proper subject for
Legislative enactment. than TO be inserted in the organic
law. He wished the vote to be reconsdered; and II 1t
has to pass he wished the abomnae word purchase
to he stricken Ii that done, lie would make
no further opposition TO the section.
! Mr. BADGER opposed the section in a very earnest
manner, lie proceeded ask the permission of the
gentleman from Posey TO read his marriage contr CT
! who said he would max. objections. He then pro-
ceedcd to read; when he was called To order ly Mr.
Hall OF Gibson introducing totally irrelevant
/ The President decided that no paper OF this kind
could be read, without vote OF amajority of the Con-
vention
Mr.. Badger said, this section was entering wedge
to tie system which the gentleman wished bring
about, when he married his vile. They disavowed
clerical aid when they were married. and acknowledge
ed the right separateyto hold their property Women
who claimed the rights commended for here, generally
the breeches at home II this section insert
ed, he would vote against the adoption OF the Constitu
ton.
Mr. BAscom said he had extracts to read but under
the rule he could read them He referred to the
case of William and Mary of England, delineated in
McCauley's History, and the noble example of Mary.
He would not engrait provision that might
esrangement between four hundred and ninety in
the married relations for the sake of that might be
injured He hoped the vote would he reconsdered, and
that the word purchase" would be stricken If
stricken oct, he would for the ton.
Mr.. STEELE would reply To the gentleman from Put
nam Mr. Badger.) Hebeeved he could prove him obe
as blind as Paul, when travelling to Damascus He
quotes from Paul. that husbands should love their wives,
as Christ loves the church. 1t an unfortunate quota.
ton for hi-or this love in existence proper
ly understood he would cease his opposition the
ton He would carry out that other text that should
visit the widow and the afheress In their aiction Sc
He replied To the gentleman from Tippecanoe Mr..
Clark and gave examples prove the necessity OF the
section as STOOD He denied that there would be
Ill effects families. He asked the gentleman from
Putnam Mr. Bajger) if, in those churches, where
equality OF rights in religious matters allowed TO
women whether there not examples OF domestic
happiness, worthy OF ali imitationf
Mr.. RARlDEN opposed the section, because he loved
woman because he would not, tendency practice
encourage her TO become Amazon. lie would de-
st:oy that identity oil interest which the chief charm
the married relation He objected the section because
a multiplicity of laws would have to he passed to carry
out the separate interests conended for He referred
of SANDER by the wife, oi which the husband
responsible; of trespass, &c. all requrngslaws OF
protection. So in the case oil debts. IL was, IN consc-
quence OF his love Tor woman that he would not trans
form her from angel to an Amazon. Ii the woman
is given the right hold property, power should be
given her to protect 1t.
Mr.. OWEN said that two things may occur in rela-
ton this matter reconsideration of the vote NAV
take place and the whole question may be opened for
discussions and il that tkes place, every attack upon
himself and the sccton (now the section OF the gentle
man from yanderburgh, Mr.. Bythe) should be answer
edor to please gentlemen, and greater unanim
ty the word purchase might be stricken out, and the
other business OF the Convention progress He referred
TO the personal attack OF the gentleman from Putnam
Mr.. Badger) in few remarks, and then opened the
Statute Book of the State and contended that the law
in relation to real of married women just
strong the section it stands He then asked,
whether an invidous distinction should be made between
sta .r.1 n