, 1860-06-14
Tho Courts VERSUS Woman.


Much interest is felt in relation to thu inter
probation OF the new law in regard to the rights
Of women BY our Courts. Their narrow expo
sisions Of ,he married women's property laws
Of ls4s urd l649 are inauspicious, 10 say the
least, for able members Of the legal Profeasion
id is State assert that 4 liberia! construction
Of those enactments would have gisen women
Their earnings eleven gears ngo. And. (whatis
quite a. Ut iast), while holding that u marr'ed
womsn's cuntract WAS absolutely void at law,
eau1tv obey have dcclared( would compe! her
;,ro3rr1y tc rcspnnd 10 her engagements, which
decisions, however learned. are dithcnit to re
couci1e with the axiom that responsibility and
privilege are correauves in American law 1t
was kuowu to members Of the Legislature Last
year that the influence Of som6 Of the Judges
Of the Court Of Apptn.s at Albany prevented
the passage Of bill giving women their earn.
ipga, and the right to lnase contracts; ami this
gear it was also ea.d openly that influence was
rxertetl With the powers TINT be from the same
quarter, TO de'cat the bill that passed. The
rule that the Legislative, judicial au0 executive
<epayt.nenta OF tue Government are to be Kept
d,stinct, Of course, must only apply to lass 10
which women have no direct. share. Alas! TOR
tho rights If tue weak. Durlpg the long weary
wears IN which any rights hare been al owed to
married fwomen, they hase been the iug,alve
slayes ot our court.rooms, denied their natural
claim to their earnings snd'their chlldrt NJ to
The regret and Indignation Of The Just among
men.
Why sympathy should be 50 freely poured
out for tie Door slave~wom ~ separated from
her clildten aud apparently 50 little feltfbr the
refioed American mother, under thu same cir
cums,ances, has been an insoivahie problem.
The slave dealer, from the hardening Of LIS ma,
ture by familiarity with such scenes, Is T'si1ea
will social onfIawry, even in tue mldSt OF s1as
apd that Of judge will suggest Itself TO every
onc. though bath follow the nccestltieB OF LAWS
| wlicl, they did not create. But when the peo.
MES sense Of justice 80 lar crystaIises as to de-
1nand a new order Of things, we find human
instincts we'll nigh 44n9sherFd ~ law and ORDER
| Ouc heara much now Of Tue independence OF
the iudiciary. At the late commencement Of
| The Law School Of Columbia College, great
| stress was laid upon it, and upon the evils re-
srltins from the election OF the Judges Of all thr
| c1usts directly by the people, under tho present
newspapers, ,lsc, seems to threaten great
change in tLe clice OF .judgc--makinR
it tenure tor life, if not hereditary. Women
buve too much ut stake to wish that history
should rrpeat itself in this particular: for con
servatiyes are gyen to long life, and now that
public opinion is waking up to their needs: mud
10 the necessities Of socie1y involved in Them
they may not regard with indifference any re
trocrade movement One Of the greatest oroa
tnents Of the bench in this country has spoker
Of the present experiment as tone Of The great
est which has ever been made upon human ma
iu,e'"' This sing feature {oe continues) in tina
constitution stamps the convention which fran
ed 1t Is the mvst importnut which has ever 50
in America sipce the formation Of the tedera
constitution Nor can it be Eiewed as haat]
| or visionary scheme, tiucc the ASSEMBLY wh'cl
planned it was composed Of an unusus
number Of men, ubo united in q hicl
3. degree, all the qualitles necessary to mae
a.. nd nj Mt
; men, with desire to innorate for the sele pul
pose Of refortuirg There is no public magi:
. trate whose mind will not be enlarged IN
ibe1a1ized, whose views will not be teodeEe
more wise and just, b. catching something fro1
. the Influence ot that public opinion which COT
" principle Of society. Although djudEe ma
not outrage the law in a single instance. he ms
. | cive evidence Of the nRrrowest rieWs and I'll
most rooted bigotry. which, although uupe
ceived BY himself, will give tinge TO the who
!. administration Of Justice. There is always
: and these popular ones, too, ptrsading eve'
I socie,y in which Tree institutions are estabshe
y which do not deserve to be treated as mere =
e gebraical quantities; Tor, although they do n
exactly constitute the principles Of any partic
lur science, they: Surroh I'D Asssti science a,
profession which hare to deal wfth the iuteres
d Of men, and afford light and assistance at ere
ii the people Of Sex- York persevere in Il
lmmcnse exertions which "sdey have hisher
!, made to educate themselves; and il, in COM
= qucnce, u thorough CONVICTION is imbibed, q
= m:re}s as something from others, but Is real
ed by themselves, That IN upright and enligl
ened administration is Indispensable to the p1
lection Of their interests. lcannot doubt It
the experiment will succeed. Mischief will {
!. ,st, aud precisely o! the same kind az the
which now trouble the community the dispo
ticn to ceutrai1zattons; the effort on the part
political leaders TO control public opinion; I
g. substitution Of constructive najof.ty in pls
Of Tie rrs@ majority But nth state Of SC
ety such Us IS fast growing up from The ope
ton Of causes which we hare referred to,
= can easily eoncsire that these ey1ls may
warded or MS edectualiy, and perhaps more
than under The old system. For more Il
thir.y :. ars the legal condition Of the VICE
Ill Of this country has been the subject Of amin
VERSION and protest byAhle:apA acoomptisl
members Of the legal profession. II is I
a. therefore, unreasonable TO claim that Il
~ should haze the tuil benefit in the courts Of
adyance in legislation On their behalf from t
49, 10 time. ~~ -~--