Litchfield enquirer., 1870-03-03
WHOLE NO 2S36

WHOLE NO 2335
 ;ies. If she commence suit for divorce, she must begin by leaving her home, her children and her property cins his hands. Connecticut courts, less liberal than most in that particular, will make her no allow ance, even out of her own property, for employing counsel, or for preparing and try ing suit for divorce against her husband Shelton vs. Pendeton, IS Conn. 42l. Even if she prove the grossest misconduct on his part, the court will allow her no costs. In case of suit for divorce by the husband against the wife, the court will, indeed, order the payment to her attorney of funds practically very insufficient amount for maintaining her defence. Should he pro- cure her prosecution for adultery, or other crime, the decisions would indicate that he would not be obliged to employ counsel or furnish funds for her defence SheHon vs. Hoadley 15 Conn. 536]. How unequal the contest must be between one possessing all the sinews of litigation, and one depen- dent upon charity for the maintenance of her rights is sufficiently manifest.
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 It is much easier to trace the origin, than to apologize for the continuance, of such laws as we have sketched above. "At common law, says Professor Parsons, ''the disability of married woman is. almost entire. Her personal existence is merged for most purposes in that of her husband. This was not so among the Anglo.Saxons, nor with the earlier Teutonic races; and must be explained as one of the effects of the feudal system. x But the influence of the feudal system is broken. very much in England, and far more here. And among the effects of this decay of 8 system in which many of the principles and forms of our law originated, we count the changes which have been made and are now making in the law which de- fines the position and the rights of the married woman. This law is in fact, at this moment, in transition state in this country. It seems to be everywhere con- ceded that the old rules were oppressive and unjust, and certainly not in conformi- ty with the existing condition of society. Almost everywhere changes are made or attempted; and the necessity of change is not desired" At the time when our mar riage law took it's present shape,l sdepen- dence was the universal rule. It was be-
 lieved that the peace and we'll being of the Community could only be secure0 Dy tns
 dependence of the mass of the population on certain feudal superiors. and by the further dependence of those superiors on one sovreign will. Just as it is now ar gued that equality and order are incom- patible in the marriage state, it was then supposed that equality and order were in" compatible in the political state. .Tutelage was the condition prescribed to all orders of men. AS society progressed towards civ ilization, the intermediate class of feudal tyrants were crushed out of existence; then the Subject" won his practical indepen- dence of the ''sovreign;" and, at last, it
 was proclaimed in America that these truths are self-evident: ''That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the. pursuit of happiness" Every sacrifice has been made to secure to all American males the liberty of person and equality of rights asserted to be inaliena-
 ble by the great Declaration. A terrible civil war resulted in giving not only free-
 dom but the suffrage to the humblest male
 citizen of the United States. In order to secure this result, complete social, .revo- lution has been effected. State legisla- lures have been recognized, a considerable proportion of whose members could nei- ther read nor write, and in which the great mass of Southern intelligence and South
 ern property has been practically without
 representation. This great revolution has
 been effected, and can only be justified, on
 the principle that no class or race of men,
 however superior by nature and education, can be trusted with the political and so- cial control of any other class, however degraded by ignorance or inferior by na- ture. 4t s-&.'-.'''... @' !' ,-''- - -''"''f
 But while such care has been taken to vindicate the rights of man, woman re- mains in the same state of tutelage that originated in scheme of political govern ment long since repudiated and abandon ed. She is educated with a view to mar riage and to marriage only; yet she cannot marry without renouncing that liberty of person and that equality of right which are the boasted inheritance of every Amer ican citizen. We have seen that, with the single exception of corporeal chastisement, the same modes of enforcing obedience are open to the husband that are given to. the father. Any system that should place o ~>o,o eorc;1od ok kho Y00kurikv Of hia