The daily gazette., 1877-04-24
THE DISABILITIES oFwoMEM

The barbarous phrase used by the law
to distinguish married woman from a
single one is fast losing its significance
in the courts of this country. Feme CO.
rert anu teme sole are rapidly approxima-
ting each other in position before the
law, and both together are TAXI ng long
steps toward the plane of civil life oc-
cupied heretofore in many parts exclu-
sively by men. One of the most remark
able signs of this advance was a recent
Bar meeting in Chicago, at which reso-
lutions were passed referring in highly
complimentary terms TO the memory of
Miss Hulett, the first woman, we believe
to rise out of the position OF tutelage in
which her sex have ever been held bv
the law, TO become an admitted and re
spected professor of its mysteries. 1t is
of much less significance that women
have fairly obtained entrance to the
medical profession, and are now going
into it by scores, duly armed with diplo-
mas which entltle them to the recognition
of their brethren in the same field, be-
cause no matter how jealousy women
have been excluded therefrom in the past
the public readily perceives the peculiar
fitness of the sex for the exercise of at
least some important departments of the
healing art, But the legal profession,
apart from the qualities requisite tor its
pursuit, considered by itself, is the very
next stepping-stone to the legislative de
partment of government. An inspection
of our Congressional aud legislative re-
cords show that lawyers constitute a
very large proportion of those who make
and administer the laws. Women may
become doctors, artists, fen,e sole traders
and the like, and no particular conse-
quence follows; but if they are lawyers,
worthy of being praised as such by obitu.
ary meetings of the Bar, it is hard to pre-
vent the conclusion that they may be-
come legislators as well as the thousands
of their brethren. The number of wo-
men at the Bar is not yet enough, indeed
to force this conclusion Instantly upon
Us. Meanwhile two recent incidents
serve by contrast to illustrate the pro-
gress which the western world in partic-
ular has been making of late years to-
ward the enfranchisemen of women.
The first is a decision by an English
court for the consideration of Crown
,ases reserved, founded upon the ancient
legal axiom that man and wife are but
one. and that one the man. 1t was held
that for this reason the taking of the hus-
bands property by the wife, without his
knowledge or consent. is not theft for of
course a man cannot, steal from himself.
The other incident we havein mind is the
passage of a law by the Connecticut
Legislature placing that land of steady
habits among the foremost of the States
which concede full property rights to
married women. Next after New York,
Minnesota may be considered leader
among these States, since by the law of
hatCommonwealth a married woman can
make any contract she might make if un-
married, except that the husband must
join in the deed of her realty. The legal
fiction that man and wife are one is bad
ly broken by the statutory concession
that husband and wife may contract with
each other, without the Intervention of
trustees; and we suppose it follows from
this privilege that they may sue each
other, as indeed, if our recollection ser
yes us rightly. it has been decided they
may, in the courts of New York State
Short of an absolute divorce from the
bonds of matlimony, nothing would
seem to sever more completely the ven-
cradle traditional if not divinely appoin-
ted relations between man and wife than
this extraordinary privilege. Though in
many of the States married women still
lack the separate property rights which
others have wisely conceded, in none can
they fairly expect to get beyond the posi-
ton which enables wife to bring her
husband into court and compel his per-
formance of an ordinary contract with
her. Where also, as in this State, mar
ried woman has complete control of her
separate property daring life, and may
dispose of it absolutely by will, tenancy
by the courtesy being left aside, it would
appear that few disabilities remain to
give point to complaints about the pre-
sent 'ssubjection of women The denial
of the right of suffrage and of holding
political office seem to be about the last
remnants of once formidable list. -e4