Savannah courier. (Savannah, Tenn.) 1885-1979, 1890-10-16
ONWARD AND UPWARD.
How Woman's Status Has Changed ID
fnre the La W


q married woman in the times when the
glories of knighthood held sway over
society, and contentious between differ
ent clans was the most honorable occu-
patton that men could engage in
At that period the vito often, no
doubt, occupied the place of beloved
companion to her husband, and was
really not only his equal, but many
times his superior; but in the contem-
plation of the law she held position
of extreme vassalage-an intermediate
place between that of minor child and
domestic animal.
Her husband had tho right to inflict
reasonable amount of corporal punish
ment upon her for acts committed
against his communicative same par
ent now has to punish q disobedient
child.
The husband was know as baron or
lord; the wife as femme covert" or
''woman under protection" or author
ity.
BY marriage man acquired a right
To the rents and profits of all real es-
tate owned by his wife during their
joint lives;
To the rents and profitssof all real es-
tate in which she had life interest dur
ing their joint lives;
TO all her chattels real. These tho hus-
band could SELL mortgage, assign or dis
pose OF in any way during his life;
To all her chooses in action"-that
Is, her audits or the evidences thereof,
including notes, drafts, book accounts,
bonds, etc. These became the absolute
property of the husband as soon as he
choose to reduce them TO his possession
by laying hand upon them.
In general the wife was not able to
enter into any building agreement, and,
with but few exceptions, she could not
acquire or control property.
If a wife were injured in her person
or property she could not bring suit in
her own name to recover damage, but
must have the concurrcncy of her hus-
band.
Yet there were minor things for which
she was directly liable. Though she
could not demand right she could suf-
fer punishment alone.
One of the inferior misdemeanors for
which the law held the wife responsible
was receiving stolen goods of her own
separate act. She could be indicted for
riot, or for selling liquors against the
statue, or for being common scold.
For this last offense the ducking-stool
was the mode of punishment. For these
and many other forms of wrong-doing
she could be indicted alone, though the
acts might have been committed only
with the concurrence of her husband,
She could not by will devise lands I'M
to her husband, for, Mt the time of MAX
ing the will, she was supposed to be UNI
der his coercion.
Blackstone, in his Commentaries,
speaking of the disabilities of the wife,
says: 81 have pointed out some of the
chief legal effects of marriage during the
coverture, upon which we may observe
that even the disabilities which the wife
lies under are for the most part intended
for her protection and benefit, so great q
favorite is the female sex of the laws Of
4 England" --
Chief Justice Sharswood, of the Su,
preme Court of Pennsylvania, comment
ing upon the foregoing clause, says
Nothing, apprehend, would more con
ciliate the good will of the student il
favor of tho laws of England than thu
persuasion that they had shown par
TALLY to the female sex. But am no
so much in love with my subject as to bt
inclined to leave it in possession of ;
glory which it may not deserve. In ad
dition to what has been observed -
by the learned commentator, l shall
here state some Of the principal differ
ences IN the English law respecting thu
two sexes, and shall leave it to thu
reader to determine on which side is thu
balance, and how far this compliment il
supported by truth"
After referring to the language Of thu
law in styling the husband and wifi
baron and femme" and assigning t.
the man courteous superiority, he goe
on to say:
IF the baron kills his femme, it i
the same as if he had killed strange
or any other person; but If the femm
kills her baron, it is regarded by tn
law as a much more atrocious crime, a
she not only breaks through the re
straints of humanity and conjugal affeC
lions, but throws off all subjugation t
the authority of her husband, and
therefore, the law denominates he
crime a species of treason, and condemn
!, her to the same punishment as if sh
had killed King. And for every spC
cies of treason Though in petit treaso
the punishment of men was only to b
drawn and hanged) till the enactmen
of the statue of 80, George I'LL, chapte
-, the sentence of woman was 10 b
drawn and burnt alive"
BY the common law all women wer
denied the benefit of the clergy, snt
until the time of William and Mary
they received sentence of death, an
might have been hanged for the first o
|" Tense in simple larceny, bigamy, MAI
T slaughter. Sc, no matter how learne
: they were, merely because their Sc
Z precluded the possibility of their takin
g holy orders, whereas man who coal
Q read was, for the same crime, subjeC
{ only to burning in the hand and fe
3 months imprisonment.
Y Intestate personal property was equa
+ ly divided between male and femal
I children; but a son, though young,
4 than all his sisters, was heir to II
/ whole of the real property
! Thus we see what was the status