The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-10

Freedom Of thought and freedom Of opinion have
estahh-hed an approved system Of Government. as
country, a. well A. ia Englnnd-the result and work
Of enlightened unfctterci reason; aud the states
man OF luTist VINO at this day plants himself upon a
d'sha OF hy-gone years for which he is unable TO.
render reason has outyed the generation 70 which
Il - the peculiarly Of the present age that in in,
dclal proceeding, form Is giving place 70 substance
h'h"n To truth the ancient feter- of case-hardpued
error 70 me rrer and safer limits Of lahOrious study
and thought employed to discover. understand and
disclose that perfection of reason which the common
law Is supposed 70 represent.
Chancellor Kent in tho Meth. ED CHI " Jacauez
3John g. r. p 90 says, such strong aversion 10 the
wIies independent enjoyment Of her separate asta,o
manifested early IN the history Of the cases mo-
have gwen permanent tone and color to the doc
triues of the court and perhaps the LANGUAGE ~ tl
eases VI" not now DE thought 70 be founded in eautv
| and Justice. tl''
BY the act Of 1889, in relation to the separate pra-
perty % married women the husband was allowed mo
| use and enjoyment Of the proceeds and income ~
the estate. But 1t was even then the policy of ,nr
law instead o. declaring u against common right
70 protect ana preserve her separate estate and all
judicial amendments were induged IN favor of sucb
policy. But since the passage Of the act Of ls46 ex
| tending our policy m favor Of married women so a.
O. secure To them the proceeds and income ~ tber
separate estate. the husband l. entitled 70 no sucb
| pr,sumptiouS as were formerly INDUCED Nv ma ~
gllsh courts against the rights OF the wife hut he
courts Of this state regard HIM a trustee and win
hold him to strict accountability according 10 tie bro
visions and policy Of our statutes.
When no trustee is appointed take charge Of tho
separate estate Of the WIFE, the husband i regarded
trustee for her,aud If he, without her consent
appropriate to his Use her separate propertv h.,
j. her debtor that and viii be compelled Nv
| court Of equity 70 make ample indemnify to th
wife by settlement 70 her use, out Of his own mo-
| perry Wiley CO.. IS. Gray, decided al October
! term. not vet reported.
We think 10 therefore consistent with the spirit and
policy uf statutes IN relation TO the rights OF mar
ried women. wei a. tho general doctrines II the
law relation % their ncapaclty TO contract to their
injury. except when specially provided tor hv law 10
hold that contracts or agreements with their husband.
for the benefit Of the husband. the injury and do
sfrEntou Of the wIe- separate estate viii not be pre-
-Iusd. And that Tia. courts viii indulge every ras
Souable ut-nImeut the contrary. IN the absence al
! all evidence Of any express agreement. Pennington
AcEer goth Mis-. Rep p. l6l, sstans thcs. views
| Let the decree be reversed far as it di-aUov.
amy part Of the claim originally allowed and reported
hy the commissioner. and affirmed So far a- II allow,
tie amounts reported by the lat referees and lei
this cause be renanded for further proceedings
| Hams