Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-11-28

OF DfB tale Iepotlae oec1ctaTy Al1c 4tcdsuils
And but recently when Mr.. Badger was sp-
pointed an Associate Justice BY Mr.. Fillmore,
a Democratic Senate refused to confirm him,
not because they doubted his integrity or ability,
bat because they differed with him in politics,
and because they knew that there were men in
their own party equally as capable, and that
they might soon have an opportunity of being
appointed.
An this was done without serious complaint,
because all men fsls that it was right and pro-
Der, when there were men in both parties equal
" competent to IN the station, that the party
in powes should select from the ranks Of its
political friends. In addition to this, 1t is well
known thst in many Of the States Of our Union,
the judicial elections are beginning 10 be made
party tests as much as any other, and it right.
IL two men were placed before you, equally
learned in the law, and apparently equally in
telligeni, and you were compelled to select one
as your counsellor and Rdvissri in regard TO your
rights, you would select that one whose judg-
meant, upon examination, conceded with your
own upon questions and principles that you un-
derstood and about which you believed your
own judgment correct and thisi s all that is
ment by prefsrrihg a party friend for judicial
station. I would not vote for a Democrat be-
cause I believed he would favor me more than
a political opponent in the administration OF
Justice, for such a man would be beneath INV
contempt, but because l believe his Judgment
more sound on political questions than his op-
ponsnt, and this to me is priBa faeis sridsRes
that bis judgment will be more sound on all
other questions WRh the expression of these
views, which have been spun out to a much
greater length than I anticipated, | will leave
the question, hoping that some ADLER hand will
take it up, and that the Mississippi papers viii
press it until the Democracy are aroused to a
sense Of their rights, and a determination TO
make nominations hsresfterfor all ofices-Po-
hticsl, judicial and ministerial.
A NoRrH MISSISSIPPI DEM0oRATl
To the General Assembly and People Of Tea
nsssse.
FL the Memphis Appeal
Generally, as the mind is correctly trained
p~hilosoPhieally and morally, as the enlightened
and properly educated prsdomihate over the
opposite, is there a disposition to be governed
by the principles Of justice, rather than POUG
of rigkt, rather than might. In the feudal
ages, woman was considered very little above
animals her position was that Of aiseTf, aad
scarcely known to the Law, so little were her
rights regarded. Perhaps a great many per
sons Of the present age, who claim to be en-
Ightsned, will be surprised on review to see
- r.sEr- =. - -. L. kIs.
proclaimed to be progressive and enlightened
age. Especially is this true in the State Of
Tennesses. When a woman n~aTries, the le-
gal title to her property passes to her husband,
and her right to, or control over it, ceases. lie
can Immediately dispose Of it without consult
ing her, as though it was the product Of bis own
toll. Is this right? Is she not a human being
as well as be, and entitled to be regarded as
such? Man assumes TO legislsts and make
laws for the government Of himself and also Of
woman. She aequiesces, according to the Gus
ton Of the times, believing be will do what is
right and proper. Is it then right and proper
for him to abuse that trust, and l~egisiate for
his own interest to the detrinsnt of hers? to
divert what properly belongs to her, to his own
legal right and control, with absolute power to
dispose Of the same?-
Suppose Mr. A. and Miss B. are born and
educated in the same neighbOrhoOd. Do not
each possess the sams natural rights to labor
aud acquire property? II so, in case Of their
marriage, why seek BY legislation, On the part
o. the former, to rob her legally, Of what by
nature and Justice she is entitled? Each should
be regarded on an equality with the other, and
their legal rights to property either may have,
should not be affected BY the marriage ceremO-
ny. / believe This is very nearly the view
taken blythe civillaw, but the common Law, fol-
lowing up the fsudsl system, has made but few
amelioradons or notifications. 1t is time the
people Of Tennessee were sweeping from their
statute book these relics of feudsl ages, SUI
recognized BY the common law, and adopted In
this stare. Be it said to the honor Of the
State Of Louisiana, her people have adopted
the civil code. Mississippi, Alabama and
other States, still reeognizs the common law,
in many respects, but have sngrafted into their
statute books legislative enactments, which
set at naught the common law principles, and
specially recognize the civil law principle
that which is right and just to woman, to al
low her to own and possess her own property,
free from the creditors Of her husband, allow
ing her, Of course, the privilege of aPprOpria-
ting it to the same, if she chooses to do 50, or 81
making other disposition of it.
Some worthy members Of our Legislature
have been trying for many years to restore 10
the women Of This State a portion OF their na-
tural and civil rights, but have been unable to
effect it, there still being too much Of the fttI-
dal idea, that nan is lord, and woman a second
airy being o. servant. l notice hat some mem
Der Of our Legislature, now in session, has il
tToduced a bill to protect married women in
their rights to slave property. hope the Leg
~islature viii 90 further, and recognize the civil
law principle; that Of protecting their rights to
all property, OF whatever kind or quality. Tn
law should not advocate, encourage or reeog-
nizs the principle Of making or acquiring money
Or property BY marriage. So revolving Is this
to human nature, that when one is deemed TO
be guilty Of it, there is an almost universal and
Involuntary expression, that the msrcsnary enc
may be disappointed.
When reason and justice are opposed to the
existing law, why should we sill retain It, out
Of respect to an ancient custom, founded in er-
ror, in a less enlightened age of the world,
when poyer was more a governing principle?
Our legislature should take hold Of the sub
ject in an enlightened sad manly manner, laying
aside preeoneeived opinions or prejudices, and
establish the principle that nan aad UOmau
are egusl, as regards property at least, and 10
the honor OF Tennessee, let the present, and
future enlightened ages see, that she has relieved
herselffrOm the thraldOm, superstition and igno-
rance Of bysoue ages, and that her laws are
founded on the principles Of justice.
Respectfully,
CONSTITUENT.