The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-09-06

concession Oy ACKNOWLEDGEMENTS tDAt moro In.
volved questions arise when we take into &C.
count tho relations OF women to mon In mar
riaoe and the relations o! women to mon In the
State. OF those equal liberties with mon. which
women should have before marriage. the au Z.
thor Of this book would say III at In equity they
should retain ter marriage all those nber-
ties which nre not necessarily interfered with
by tho marital rslat on tho right to physical
integrity. tho right OF ownership to property
earned and property given or bequeathed the
right to free belief aud FREQ speech. 10. Thor
claims can properly 30 qualified only so far a.
they are travetsed by tho understood or OK
pressed terms OF the contract voluntarily en-
tered into. Az these terms vary In different
places and times. the resulting qualifications
must vary. Here. therefore no hard and fast
rule can be laid down. and one must 10
content with approximations. In respect
OF property. for instance. Mr.. Spencer
deems 1t reasonable that where the hus-
band is exclusively responsible for the
maintenance OF the family. property which
would otherwise belong 10 the wife may
cQuit ably be assigned 10 him-the use. at least.
II not the possession: since. II not. 1t would be-
come possible for the vile to use her property
or it's proceeds for her personal benefit only.
and refuse to contribute toward tho expenses
OF tho joint household. Only whore she Is
tenance does it seom right that she should
have equally unqualified ownership Of prop
srty. Mr.. Spencer. however. does not mean to
say that the responsibilities must be entirely
reciprocal. For. though rights OF ownership
being supposed equal. 1t would at first sight ap-
pear that the ono Is as much bound as the other
to maintain the two and their children: yet
this is neRatived by tho existence on the one
side OF onerous functions which do not exist
on the other and which largely inca pacitate
for active liie Nothing moro than compro-
mise. varying according to tho crcum.
stances. seems here possible. The discharge
OF domestic and maternal duties By the wife
may ordinarily be held fair equivalent for
the earning OF an income by the husband.
Respecting powers Of control over one an
others actions and over the household. tho
conclusions drawn in this book are still more
indefinite. Mr.. Spencer holds that tho rela.
tive positions OF husband and wife as con-
tributors OF moneys and services have to be
taken into account as we'll as their respective
natures: and these factors in the problem are
variable. When there arise conflicting Wills,
OF which both cannot be fulfilled but ono Of
which must issue In action. the law OF equal
freedom cannot In each particular case be con-
formed to. but can be conformed to only In
the average Of cases. Whether It should
cases must depend on circumstances
Mr.. SPENCER is disposed to say. however. that
since. speaking generally. man Is moro judi
cially minded than woman. tho balance OF au-
thority should incline to tho side Of tho hus-
band; especially rs he usually provides tho
means which mako possible the fullllment OF
the will Of either. or the wills OF both. But it
is admitted that in respect OF this relation, rea-
soning goes for little: the characters OF the
parties concerned determine the form It takes
The emily effect which equitable considera.
tions nre likely to have Is that Of moderatinR
the use OF such supremacy as eventually
arises.
Another question. equally involved or moro
involved concerns the posse sion and man
agement OF children. Decisions about man.
agement have to be made daily. and decisions
about possession must be made In all cases OF
separation. What arc the relative claims OF
husband and wife in such cases? Mr.. spen.
GERS answer is that. on the ono hand 1t
may bs said Of the direct physical claims.
otherwise equal that that Of the mother
is rendered far greater than that OF
the father By the continued nutrition
OF tho infant before and after birth. On tue
other hand. it may DO urged on the part OF the
father that in the normal order of things the
food by which the mother has been supported
and the nutrition Of the infant was made pos
sible has been provided by his labor Whether
this counter claim be or be not equivalent.
Mr.. Spencer admits that the claim OF the
mother cannot we'll be less than that OF
the father. or the compromise respect.
ing management. which justice thus ap-
pears to dictate. he deems 1t reasonable
to say that the power OF tho mother
NJ airnV Il, rtv
OF child's life. and that OF the father during
the lator part. Tho maternal nature Is better
adjusted to the needs OF infancy and early
childhood than Is the paternul nature. while
for fitting children. and especially boys. for
the battle of life. tie father. who has had most
experience OF it. may lie considered the best
guide. But it seems alike neQuitatle and in
expedient that Tho power OF either should at
any time be- exercised 10 the exclusion OF the
power OF the other. or the respective claims
to possession. whore separation takes place,
some guidance Is again furnished ny consider
alton OF the children's welfare. nm equal id.
vision. where II Is possible. being SO made that
tho younger remain with the m"ther and the
elder go with the father Evidently. however,
nothing Is here poss BILE but mpromise based
on cons liberation OF the special circunst ances,
Concerning the claims Of women rs domes-
tically associated with men. Mr.. spencer adds
that in England. and sill more In the United
States, the need for urging them is not press.
ing. In some cases. indeed. there is con-
verso need. But there are other civilized so
cietics In which their claims are very In
adequately recoRnized; a notable instance
Is Germany. With other reasons prompt
ing the author to make this remark IL
10 ned. he says. the remembrance OF a con.
versation between tw, Germans In which,
with ron,emptuons laughter. they were de-
scrlbinR how In England hey had often seen,
on Sunday or other holiday. an artisan re-.
lievine his wife by carrying the child they had
with them. Their sneers produced In Mr..
Spencer feeling OF shame-put not for the
artisan.
Nv.
The snthor has still to consider, from the
ethical point OF view. the political position of
women as compared with tho political position
OF men. Until the later has been dealt with
the former cannot DO expouuded. The truth