Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-06-05

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and providing neither remedy for the sufferer punish
ment for the crime You escape all the scandal Of
commitments for larceny indictments for murder,
exactly the terms.
The lawmakers ofonr country beginning thank God
penetrate the bark of this matter these surface and u
tile objections, and reach the substance beneath
State after State erasng from her Statute book, the
leuda barbarlty which declares Christian vile incom
petent or unworthy 10 enjoy control her property
State after State is adopting in various form, that prn
cpe Of the Civil Law, which has prevailed, from time
immemoral, in MANY European countries, and which
has gradually been winning It's way, even in Common
Law England albeit Indirectly and through the interven
ton of the cumbrous and costly machinery Of truseeshps
and marriage settlements.
In the State of New York the statutory provision in
regard to the property of a married woman is, that it
sha be her sole and separate property, if she
single female )" and that she may receive "by gilt,
grant, DEVISE bequest and may 'hod to her soe,and
separate use, as if she were a single woman"
In the sober Quaker State OF Pennsylvania the words
are that i. shall continue be the properly of such
woman fully after her marriage before" and that
all property, of whatever kind, which shall accrue to
any married by will, descent, deed of convey
ance or otherwise, shall be owned used or enjoyed by
such married woman as her separate property"
New England not specially addicted 10 innovation, Is
not in this matter behind New York or Pennsylvania.
In Maine the words Of the statute are, that married
woman may become seized or possessed of any prop
ery real personal by direct bequest, devise, gilt,
purchase or dlsIrbutIon IN her own name and as her
own property"
The free States OF the West. laggarts IN the
Of enlightened reform, are recognizing one alter
another the property-rghts oil women. The legislature
of Wisconsin enacted, that the estate of married wo-
sha he her sole and separate property, II she
a single female !" and that married woman may
receive by Inheritance or by gilt, grant, devise be-
quest and hold to her sole and separate use real and
personal property and may convey and devise real and
property and any interest estate therein and
the rents issues and profits thereof IN the same manner
and with the effect as II she were unmarried"
shall your patience by repeating the words oil
the Statutes this subject, in the States OF Ohio Ala
bama, Florida Arkansas MAJ yand. Texas and Calor-
MIA. Suffice 1t to say, that all these States have adopted,
or less decidedly, the Civil Law principle; and
that in the three latter States that prnc rendered
stable by constitutional provision. 1t need not be added
that in Louisiana. Civil Law State, married women
have always enjoyed the independent ownership OF prop
erty
Will this innovation on ancient law and usage prove
temporary and PARTIAL will it become permanent and
universa 1t needs not the spirit of prophecy decide
that question The experience OF the Past supplies all
sufficient answer As the current oil the broad MlsSls
sipp though borde=ed by partial eddies, though slack
en- here and there, till the eye may scarcely detect Its
onward flow, yet holds its course forever, unceasng,
resstess until the waters drained from bali continent
mingle last, with the salt OF the Gulf; sure
w. so ceaselessly, if it be times slowly, if they
and then arrested by partial check, refiueHt
from the main stream of civilized progression do the
grand, bene6cent reforms of the hold and on,
towards the Great Goal spite of all puny efforts to
rest them divert their iated course.
Such is the reform which strikes from our Statute
Book law, pronounced by that eminent jurist Judge
Story TO he ubiquitous, unjust and Ill adapted TO the
purposes of refined and civilized society" The cur
rent in all past time, has set in but way. There
is example upon example of Common Law countries
and States adopting as TO the property OF married wo-
men, the Civil Law rule Every year. almost, some one
or our State legislatures adds to the list But there Is
NOT all history so far my reading has extended,
single instance oil change in the opposite No
country, State in which the Civil Law rule this
subject originally prevailed, has ever exchanged 1t Tor
the ieudalism of the Common Law. Nor has any Com
mon Law country, having made the change, hav-
ing once declared, that capable and worthy
to enjoy and control their own properly, ever seen
cause to repent the innovation, fallen back again
the barbarsm it had abandoned. 1t is impossible find
proof conclusive that this great reform lies m the
path of future progress and that all man effort is
impotent arrest, albeit 1t may succeed in delaying
its final adoption throughout the civilized globe.
Our own State though her Constitutional delegates
lacked nerve up the benecent spit OF the age,
had yet felt the influence of that spirit and partially
yielded its requirement. Ii has been, Tor than
four years. the law OF Indiana the and profits
of all real estate which woman may own before mar
age may afterwards acquire that these shall not
be liable for the debts of the husband hut 'shall he
deemed and taken to be her separate property; and il
has also. for the period of me been the law OF
State, that wife may convey, by will, her real es
tate or any interest therein
Women then, who have been fortunate enough to ac-
quire land already recognized, by law, indie
rived IRON real estate cannot be seized by husbands
creditors squandered 10y HIMSELF unless voluntarily
given up by the WIFE 1t is her separate property =
But in regard to personal property, whether owned
before marriage or afterwards acquired, we have no
Statute changing modifying the Common Law rule.
All personal property of the wife is abandoned, the
moment of marriage in exclusive possession to the hus
band be used sold squandered by him, taken
to pay his debts.
This chiefly affects among u.s. the comparatively poor
OF our Indiana girls few money at interest, stocks
other productive personal property OF large amount
In young and agricultural State, in which land is
The chief wealth. rich farmer usually bestows upon his
daughter farm tract of woodland; while his poorer
neg hbor is lan to limit his gift a supply of household
furnishings, or a few head OF cattle.
Answer We who say, that the law should be respec-
OF persons and that the poor and the rich equally
entitled TO its projections and tell US, why the
landowner is deemed worthy to receive and capable OF
managing, her yearly income, while her less wealthy
sister the but OF scanty ptance oil personal
properly stripped of every dollar she possesses Tell
us why the wealthy farmers sOn-n-law is forbidden to
touch his we's income without her CONSENT while the
s5and OF poorer glr may SELL to pay his grog bill,
the brd she brought him, the last cow her dead faith
ers gift which she depends to nouTsh her than
fatherless children. Tell why, when the constable
the farm of the one he touch of
corn nor carry of single sheaf of grain; yet can
the humble threshold of the other, and
tory table, chairs cupboard everything her parents
her. to be solo, under the hammer in the public streets
And answer me this, oh of little faith in the good
and generous spirit OF lndianas wives and moth
ers has this law real estate in operation du-
ring than four years, proved rod in their hands?
Have them, in virtue of its provisions usurping
undue control ever the domestic exchequer! Has il
the harmony of conugal relations de-
sroyed delicate sentiment and refined feeling. and tempt
ed the matron of State TO depart from sanctty Of
manner or purity OF conduct!
Let opponents, shutting their eyes the facts
around ihem and listening only lhe boding fears of
lathess imagination, reply in the afiirmave,if they
dare
Or if they prefer the other horn Of the dilemma, let
them argue that although in the of those wives