The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-06
Mrs. Helen M. Cougars Address.

the Legislature for the consideration of that
body Of lawmakers.
Mrs. Helen NJ. Cougars Address.
She read as follows:
One of the darkest pages of American iuris-
prudence is that on which is written the old law
defining the legal status, and fixing the property
rights of married women. Forty years ago a
woman, upon marriage, lost her legal existence.
Thereafter she had no will but her husbands.
The two had become one, and that one the hus.
band. She could make no contract; she could
engage in no business; she could wage no suit at
law; she could not dispose of her property by
will; she could do no legal act. By marriage she
was stripped of all her property. The ownership
Of her goods, chattels, money and movables
passed absolutely to her husband. He could dis
pose Of her property despite her wishes. The
law granted her no recourse but submission. Not
only did the husband become entitled to al her
property, but to her future earnings, as we'll. All
that he had he kept. All that they both earned
or possessed was his. AT his death, the fee
simple OK all his real estate passed to other heirs,
subject only to the right of the wife to the use
Of one-third thereof during her lifetime. By
express statute, in Indiana, only $3.50 OF his
personal property, as against creditors, passed
TO her. OF any surplus that might remain,
after the payment of his debts, she was entitled
to one-third. provided her husband had not
willed 1t to some one else, which he had a per-
feet right TO do. She could not dispose, by will,
Of one iota Of her property or earnings. Thus,
whether she lived or died, she was robbed. rob
bed in the interest Of the husband, robbed by a
Law made and administered by the husband. The
very recollection of this system makes the blood
boil. 1t was worse than African slavery. 1t
was the refinement of cruelty; the quintescence
OF tyranny. All honor to the noble leaders of
the much ridiculed m rights movement"
that have done so much to bring about the
many changes shat have been made affecting the
property rights Of married women. From
year to year the property rights of women are
becoming more enlarged, and a more liberal
view respecting them is entertained by our
ablest legislators, iurists and writer's upon legal
topics. There is much remaining to be done to
make the civil rights Of women what they
should be.
ROBERT DALE OWEN, IN 1850.
One Of the most interesting discussions that
has ever. taken place upon the enlargement
of property rights of women was that in the In
diana constitutional convention in 1850. 1t
runs the whole gamut of prejudice, that we have
ever been compelled to meet, when asking for
enlarged rights, no matter whether industrial,
this two-days discussion. brought about by a
resolution presented by Robert Dale Owen.
asking that women be permitted to control their
own real estate. after marriage, would prove
q surs cure for old-fogyism (unless the
disease be seated unto death) or the
woman question" The speech Of Rev.
Badger. made up for the most part of
quotations from Scripture, and which was re-
lI[ III LiN4u0tt us VI VARN kO q
literary curiosity, reminding one forcibly of the
fanAtical utterances of some puritanical poll
tician of the time of Cromwell. Brother Badger
quoted from Genesis to Revelation to show that
the Lord was opposed to the resolution of Mr..
Owen. Il is a significant fact that old fogies
are always, or pretend to be, on very intimate
terms with the Lord.
After quoting many passages of Scripture,
such as Wives. submit yourselves unto your
guage of the law of the Lord on this subject, and
] now make an appeal to every gentleman on this
floor TO be cautious in casting his vote for the
purpose of granting separate privileges to wives
In relation to property; privileges which, if I
view the matter right, and in accordance with
the divine law, will tend to disoreanize society,
disrupt domestic quiet. prcfane the sanctity of
the domestic altar, and stifie the best aud purest
feelings of the human heart. Applause If,
then. q man is a lord or ruler over his wife; if,
In his household, he is head over all things, in
the same ratio as Christ is head over
all things to His church-and that we
have on the authority of Holy Writ
ask, in the name of reason, in the name
of truth, in the name of common sense, in the
name of morality. in the name of religion, in
the name of all that is dear on earth and holy
In heaven, how is it AMI why is it that gentle
men rise up in the middle os the nineteenth cen
fury. before an enlightened and Christian com
munity, and plead for a doctrine which will sub
vert the best interests of the community, stihe
all the finer feelings of the human heart that
enter into the family dwelling and surround the
domestic hearth. blast the brightest, fairest,
happiest hopes of the human family. and go in
direct eontravention of that law which bears the
everlasting impress of the Almighty's hand"
ANOTHER ANXIOUS BROTHER.
Another good brother, who seemed to be on the
same intimate terms with the Lord. whom he
seemed anxious to assist in keeping women in
their 'idivinely appointed place." said: Before
] would vote for such a measure and fasten it
upon the country. l would breed a perpetual pes
tilenoe throughout the State" Enough of this
discussions; but suffice it to say that Rev
erend Badger lives to see the resolution that
80 alarmed him resurrected from the waste
basket OF time and in full force in
Indiana; and l am told, by reliable authority,
that Rev. Badger is now an advocate of woman
Suffrage and has settled his belief with the teach
ings of st. Paul and the Lord He sees the
women of Indiana controlling their own real es-
tate after marriage; they can do business in
their wi names; they can collect and control
their own earnings; they can sue and be sued in
the courts; they can hold all school Offices: they
can make Wills; they inherit one-third of the
deceased husbands real estate, in fee simple,
free from all demands Of creditors where it does
not exceed In value $40, 900; and where there are
no creditors they inherit onethird of all there
may be. If the real estate exceeds in value $l0,-
900, the widow shall have one-fourth only. and
where the real estate exceeds 500, 900, one-ffth
only, as against creditors. The dover system is
abolished, and all Inheritance is in fee simple.
OF personal property the widow is entitled to
500. 20 the exclusion OF all debts. After the
payments of all debts of the deceased husband
she inherits one third of all the residue. If there
is but one child. In the absence of a will, she in
herits one-half and the child ore half.
A married woman may sell, barter, exchange,
and convey her personal property; and she may
also, in like manner, make any contracts
with reference to the same, the same as if she
were unmarried; she is bound as principal on
her ocfcial bond; she is liable for torts commit
ted by herself; she owns her child, subject to the
will OF the court, having the same right as the
husband In case of Abandonment, imprison-
ment in the State prison. habitual drunkenness,
remuneration of the marriage covenant by join.
ing a sect or denomination, or insanity, the wife
may bring snit for maintenance from the hus-
bands property, and in such case she may con-
vey or incumber her real estate without her hus-
band joining iii the deed. mortgage or other in
stfument
To strike the wife is an assault" punishable