The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-11-28
THE RIGHTS OF MARRIED WOMEN.

AS the world advances in civilization and
the blaze ofenlightenment sheds its radiance
over the universe, the rights of women are
more and more recognized and acknowl-
edged. The legal history of marriage can be
traced back for centuries, and while in some
states in this union there are but slight difier-
ences existing in the legal status of the mar
ried woman Of to-day and that of the feudal
times, yet in number of states great
progress has been made in this respect. In
some of the western states the rights OF mar
ried women have been placed upon that ad-
vanced and elevated plane that is alike just
to her and due to her. In this particular it
is pleasant to know that Texas is most lib
eral in her laws, and we challenge any one
who may sickle about the generosity of our
statutes to show wherein Texas does not
compare fsvorsbly, with South Carolina, for
instance where many of the common law
disabilities are still retained. In the earlier
civilizations it WAS necessary to
make laws according to married
women something more than mental
positions in the family, but these should now
be supplanted by statutes cons stcnt with and
ecosnlzing fully thir elevation in these
modern times Then, man was but little
more than barbarian, comparatively speak
ing, n stranger to refinement or refining in
Auences, and actuated more by the principle
of "might makes right than by any
feeling of comfy MS to immunities and priv
ieges, and he LOCKED upon woman as but a
weak vessel, n being to be tolerated rather
than met upon an equality. In the feudSl
ages, when knightserrantry aourished, exag-
gerated notions Of chvalry egot romantic
regard for woman that efervesced in tourna
ments, ard poesy, and Che roundelays of
troubadours. This led to something higher
and more substantial for the benefit Of
woman, so that by degrees the manners and
customs changed so rs to give her more
rights and more Influence. AS we have be-
fore said, the laws of Tex are liberal in
their recognition, their definition and their
deftnse of the marital rights of women. Here
a womsn's separate property is her own, ard
cannot be touched for her husbands liabli-
ties. Not only this, but she acquires title
in herself absolute, to half of the com.
munity property, that is, property accumu-
lated by the husband during the coverture,
though this community property Is in the
husbands lifetime subject TO his liabilities.
The homestead law of this state was con-
caivcd snd framed for the wifa's beneit and
under ur benelicent statutes she cannot be
deprived Of her home fer any debt incurred
except for the purchase money thereof The
home cannot even be morlgaged with or
without her consent, and if the husband dies
without home, enough Of his eAscts if he
leave any, is set apart before any claims
against the estate are considered, with which
to purchase her homestead. The earlier
judges of Texas, in the days of tho republic
and Of the state, seem 10 have caught from
the days of old some of that spirit of chiv-
airy which inspired tho maiclad gallants
of those times, and in all their iudg-
merits favored the married women, and
80 Lodged about the homestead law
with decisions that have become precedents,
and part of our code in her interest, that it is
now impregnable, Who, in this day and
generation, when the intelligence, the purity
aud her influence for good is SO appreciated
and acknowledged, will attempt to say that
the old common law traditions and super.
stitions through which the maiden, when
married, sacrificed all her property rights to
the husband, she being subordinated to him,
aud wholly at his mercy as well as her prop
ertS rights, should be retained? Tho wife is
the companion, the help-meet of her hus-
band, lite Of his life and soul of his SOUL his
equal in all things rising as he rises, falling
as he falle; psrtaking of his prosperity and
his glory, and lingering with him in all tho
shadows that may o'ercloud him. Why,
then, should there not be a perfect freedom
of interests in all matters of business and Of
property? When this is done honestly and
fairly, women will solve the remainder of
the problem for themselves.