The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-10-29
The Property Rights Of Married
Women.

Mr. Editor:-The bill now before the legis-
lature, greatly extending the property rights
of married women, should have the closest
scrutiny. 1t opens one of the most impor-
tant subjects that it is possible for legisla-
tors to take into consideration. But it is
impracticabie to do more now than name
few points to be considered some of which
have possibly not occurred to those who are
called to act upon it. Q There are good
many testimonies in other states to the fact
that the increased property rights of women
are a fruitful cause of divorce. Some Judges
of probate in Massachusetts declare that in
their counties no single thing has much
to do with the increase of divorce as the
property rights of married women. Law
yerS of wide experience in New York city
have given the same testimony. How gem
eral this may be is not known. The evil
dence, however, that many divorces do thus
arise, is strong enough to lead Legislators to
be cautious. (2) The subject demands the
light of extended historical inquiry. The
movement of the last half century in this
country and England is the fresh revival of
an old one. Rome went through it with dis
astrous results, and in about the same time
with a great change in her theory of mar
riage and divorce. 1.-The discussion of the
settled property of married women," says
Sir Henry Waine, " instead of being one of
the most modern of subjects, is a very old
discussion" (3) Property and the family are
so closely connected historically and pract-
cally, that changes in the laws of the prop
erty of members of the family inevitably
affect the family itself. No one who has
read much in the history of law, or in its
philosophy, can for moment doubt this.
But the slow operation of these changes
make it difficult to Judge speedily of their
effects A distinguished writer on Ameri
can political institutions says, " No legisla-
ton can maintain an accumulation of prop
erty without deep assertion of the family
and the unity of the household; and with it,
in the ordinary administration of civil
rights, nothing can prevent that accumula-
ton" But the weak spot in American leg
islation is that it does not strongly assert
the family. Its tendency has been TO put
fresh strains upon it, like that of the pro-
posed measure, without corresponding at
tention to the family. az The remarkable
modern growth of contract, giving more
and more liberty to the individual, has been
very largely at the expense of the family in
its various forms, Property has been the
great instrument of this growth. 1t has
been property, demanding unrestrained free
dom of exchange. that, more than anything
else, has invaded the groups into which
men have been organized and broken them
up or greatly modified them. The barriers
of nationality, tribe, elan and family are
constantly being pulled down to meet the
demands of property-for perfectly unre-
stricted liberty of exchange. Modern in
dustrial society cares little for groups of hui
man beings in any form What il wants is
an individual laborer at least cost. Of IL
SELF, it cares little for anything beyond a
more mechanical efficiency. To secure its
end il gets the cheapest help Europe or
Canada can give. 1t invades the family to
get women and children to work in its fac
tories and for corporations with these in
connected labor. In other words, the move
ment towards enlarged spheres for the labor
of women may prove to have been quite as
much in the interest of property as il is in
that of woman. If this be so, it must he
watched. For property needs much watch
ing in these days, lest it come TO dominate
where it ought to serve. If this movement
will serve woman now and in tie tong ran,
all right. But if it lifts the yoke from a
sore spot only To put it more surely ON her
neck, the change is no gain to her If it
hurts the family, it hurts her (5) The pro-
posed measure curiously happens to be of
strange origin for easy acceptance in the
latitude of Vermont. 1t is consistent enough
for England, with its doctrine of the right
of perfect freedom of contract in trade, TO
extend that principle to all persons in all
groups-to the family as we'll as the nation.
But It is singular thing for Vermont. For
the protective policy Of Vermont has said
that its people are not simply working ma
chimes or even traders and laborers, whose
individual interests as such shall override
the veal of the nation and their own well