Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-28
from the Lafayette Journni,l
Rights of Married Women to Property.


Rights of Married Women to Property.
We have read with unicigned pleasure and delight,
the eloquent and manly speech OF the Hon. RonfRr
DALE OWEN. in Convention IN exposition of the Reso-
luton offered by him In that body lew days since in
gard the Right Of Married Women to hold Property
independent of their husbands.
This is not a novel subject with Mr. Owen, however
much Il may seem 10 most of his colleagues. Thir
years ago. when member Of the Legislature
he reported chairman oil committee, bill 10 change
the then existing law OF descent Al that time the wild
ow OF an interstate dying without children was entitled
under ordinary circumstances 10 dover In her husbands
real estate and one.thrd OF his personal property The
change proposed was give her one-thrd Of the real
esate OF her husband absolutely and two thirds Of his
personal property. This innovation OF MT Owen was
assaed by the Hon. SAMuEL JUDAH OF Knox, in the
strongest terms of denunciaton, who at the time
charged Mr.. Owen with seeking 10 subyert the whole
order Of society; but with the aid Of the Hon JOSEPH
G. MARSHALL, the proposed change became law, and
remained until lS4l when commission reported the
present Revised Code.
According TO the law Il now stands on our Statute,
the widow Of an intcstate in there be children,
and In there be father mother brother
Of the husband alive, is heir part whatever Of the
deceased husbands real estate She Is entitled 10 dover
only that is 10 the rents and profits, during her life OF
onethird Of his estate.
IL the intesae leaves no father or mother brother or
sister, the law goes in search OF grandfather n
grandmother; Or falling there OF an uncle or an aunt
failing there again Of cousin cousins child
and II IL find any such IL grants twords Of the hus-
bands property to these relatives living, perhaps, in
some distant region; unknown, il may have BEEN even
to the deceased from whom they inherit
IL the intcstate leaves kin OF this kind the law in
sttuics the inquiry whether under the title, of nearest
OF kim some iar-ol- relative, little dreaming of such
windall, cannot be ierTeted out, upon whom may be-
stow the Statue has IT, tone equal half Of the inner.
tancc heir Of the intcstate the widow receiving
the other half only.
And at last cater the law has exhausted lis ingenui.
~ in discovering relative, matter how remote in
feeling in blood in whose favor il may divert the dead
husbands property from her who once the wife Of
his bosom, II is then only last reluctant alternative
that the law permits the chdless widow TO inherit the
farm where perchance, her youth and womanhood have
been spentw
Mr. Owen sets forth the gross injustice of the present
law, in its practical workings in speech of two hours.
replete with eloquence and sound argument We will
give our readers one OF Mr.. Owens arguments. He
says: "A large majority Of orr people are small pro-
prietors of land the best and happest and indie.
pendent class in the world. They live their own
larms purchased or inherited usually in early youth
worth, average, IL the have survived
large and improve them, perhaps from thousand TO
two thousand dollars and aording an annual rental say
of from hundred TO two hundred dollars Suppose
the rental 10 average hundred and fifty dollars. That
is living very humble one indeed but still living
IL the law permitted the widow TO inherit il, were il in
life rental only she would be raised above pecuniay de-
pendence. And IL not right and just that she should
bel In the heavy labors incident to the settlement Of
new country, who takes lot and part7 Is'it the
alonel Is there task hut that he pcriormsf and
home duties, domestic labor, sometimes weighing
down his weaker, partner 10 the gravel appeal
the successful settler who has raised his cabin first in
the wild woods has flow in upon him comfort and
plenty, whether he alone and unaded built mp his for
tune and made comfortable his homcl ask him. wheth-
er there who saved, while he accumulated
whether when his arm busy without her hand was
idle withinl ask him, whether his heart does
volt the dea that when he is carried to his long home,
his widow shall snatched from her, by inhuman
law, the very property her watchlu had mainly
contributed TO increase and keep togetherf'
Mr.. Owen says that the old doctrine Of the Common
Law. that the leOal the suenended
during marriage st substantially regulates, in Of
the States the relations Of husband and wife, to pro-
perty. Under this the husband becomes entitled from
the instant Of marriage all the goods and chatcls
the wife His right is absolute, unconditional. He may
sell every part of his wiles personal property whether
owned by her before marriage coming to her after
marriage, except only her " necessary apparel"
Mr.. Owen contends that the property of married
women should be secured to them under equitable cond
ions. He does not say in his speech what these cond
tons are, but will offer bill for that purpose.