The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-06-20
Women and their Legal Rights

Lord Brougham is reported to have said
that before woman can have any justice by
the laws of England, there must be a total re-
construction of the whole system, for any at
tempt to amend it would prove useless
Lord Braugham was right. The great char
ter-the glory of his Countrywide has
done so much for the citizen 10 estaoiish-
ing the supremacy of law over prerogative,
provides only for justice between man and
man. For woman nothing is left but COM
mon law, accumulations and notifications of
original Gothic and Roman heathenisms,
which no amount of filtration through eccle-
siastical courts could change into Christian
laws. They have been declared unworthy
of a Christian people by other great jurists-
still they remained unchanged.
| But that learned and humane man has done
much towards ameliorating the anomalous
condition of his countrywomen, through the
| Association for the Promotion Of Social
Science of which he was the first President,
/ As its five departments include Jurisprudence
and amendment of the law, education, proven
ton of crime and punishment and reforIna-
ton Of criminals, public health and social econ
omy, it is easy to see that English women of
all grades in society are likely to be indirectly
benefited by its proceedings. Indeed its his
tory warrants the hope that in some future
age the memory of man will run in direction
| anita oonfrarv 70 ha coY,1ynoD
The year 1860 is a memorable one for
American women, despite the disgrace of the
"Woman's Rights Convention" The New
York legislature in March framed and passed
bill equalizing the rights and liabilities o.
husband and wife, in respect to property in
heEtance of real estate and guardianship o
children. Not only is the wife Of WORTHLESS:
husband protected by having "the earnings
from the trade, business, labor or service hel
sole and separate property, which she may
invest as if sole but also by having the RICH
to bargain, SELL assign and transfer her sepa
rate personal property, and with the permis
sion of the county court of Common Pleas il
New York city, to do the same with her rea
estate. There are women-not few-whos
happiness as well as duty it is to supper
) families of which the head has been stricken
by sickness or misfortune and as the right t
make contracts has hitherto been denied them
: every step was clogged with needless Difficult
: ties. These cruel disabilities are now remoy
ed. And, in opposition to the common Law
4 which still obtains in this State, the right (
: personal security as we'll as private propert
S has been secured to married women. "An
: married woman may (ncw not only sue an
IT be sued in all matters having relation to h,
d sole and separate property, (but alsO) ma
e. bring and maintain an action in her own nan
for damages against any person or body CO
porate for any injury to her person or chara
~ Ter, the same as if she were sole; and the moi
ey received upon the settlement of any SUI
Is action, or recovered upon judgment, shall
he her sole and separate property. The civil la
ls (Which in some respects is no less oppressi
Is than the common law authorizes the hu
band to require the society Of his wife, and
exert such control over her person as may
!, necessary for the attainment of that object.
= 1t gives him right of action against any Pr
son who entices her from him, and wi
= whom she takes refuge, and process agair
her to compel her return to his abode.
opposition to this she can urge no objectic
n. except such as may be good cause Of separ;
m maintenance or of divorce"
J. There as in Louisiana, under the civil la
ror sat the decease of the husband or wife int
M tate, leaving minor child or children, the 81
viyor, whether husband or wife, continues
possession of all the real estate of which I
,st husband or wife died seized, and all the ren
he issues and profits thereof during the mine
,er ty of the youngest child, and one-third the
he of during his or her natural life." But
~ Louisiana the wife forfeits, by marrying aga
- the right (Which the husband retains un.
an eiresEHstaAees9 to the control ga
~ minor children's property, for never until n
- has the spirit of that law been repudiated
legislation, which declares that "a widow W
sights her deceased husband by marry
again, brings disgrace on herself here belc
;, and shall be excluded from the seat of
lord"