Library Collections: Document: Full Text

As the law now is, all the natural rights of married women are annihilated by that principle of the non-existence of the wife, thus leaving all her rights wholly subject to the will of her husband. As the right of the mother to rear her own children is one of married woman's natural rights, which the common law of marriage entirely ignores, the manliness of the legislators of the present age should, by statute law so modify this unjust principle, as to recognize in married woman a legal right to be the guardian of her own offspring.

Another provision of the bill is, that as the mother has a right to rear her own offspring, she has therefore a right to a home to rear them in; and, as she assumes equal responsibilities with the father in the training of the children, she must therefore become a joint owner with him in their common property, thus allowing the mother means for discharging her responsibilities equal to those of the father

But some object that woman is not prepared to assume these important trusts and responsibilities.

But how is she to become prepared?

By perpetuating her dependence, or by lifting her up on this plane of responsibility, and thus educating her for her high duties?

It was once argued that the negro slave must first be fitted for freedom before he could be trusted with it; but the more enlightened claimed that the very best way to fit him for freedom was to elevate him to the position of a free man.

Responsibility does elevate, and therefore the most sure and effectual method of capacitating married woman for these trusts is to lift her out of her dependent condition, and entrust her with those high and noble duties and responsibilities which cluster around the mother's heaven-assigned sphere.

Only once let our legislators try the experiment and test us by endowing married woman with her natural rights as a woman, they need not be surprised if her clamor for the rights of men should cease.

But so long as the law-makers will stifle her cry to them for the protection of this, the first right of woman's nature, they must still expect to hear that most unwelcome cry for "the right to be their own protectors!"

Mothers of Illinois! let us suspend our condemnation of our man legislation until we see what action they take upon this bill, wherein we make our appeal to them for the protection of our maternal rights, trusting that they may yet be induced to give to married woman as sure a guarantee of her rights as a mother, as they provide for themselves as fathers.

In behalf of the mothers of Illinois,
Chicago, January 29th, 1869.
A FEMALE PARENT.

To secure the passage of this bill, I met the Judiciary Committee of the House to whom the bill had been referred, at the Leland House, by appointment, and there presented my defense of the bill to a crowded audience in the committee's room.

But I am sorry to add, it did not seem to be appreciated or favorably regarded.

The chairman told me they would like to see many of the provisions of the bill introduced into the statute laws of Illinois, but did not consider it expedient to recommend a bill including so many radical changes at once -- but would report it back without their recommendation, and leave it to the action of the House to accept or reject it independent of their opinion, if it was my wish for them so to do. He told me it was his candid opinion the House would reject it by a large majority, if presented as it was, for there were too many changes, although good in themselves, to introduce at one time.

I therefore concluded not to urge the bill any farther in its present comprehensive character, but wrote at once to Judge Bradwell, of Chicago, to know if his business would render it possible for him to visit Springfield, and allow me his advice and assistance in this matter.

He came, and I met him with Mrs. Bradwell at the Leland House, where, after thoroughly canvassing the subject, he advised that, instead of mutilating my bill, which in his judgment was admirable, to lay it by for this session, and present one which simply included a married woman's right to hold and use her own earnings, independent of the interference of her husband.

To this I consented and also accepted his kind offer to draft the bill, which he promptly did, and reads thus on the statute book of Illinois, viz:

"A married woman shall be entitled to receive, use, and possess her own earnings, and sue for the same in her own name, free from the interference of her husband or his creditors."

The bill was presented, referred to the Judiciary, recommended, and passed without opposition; and thereby, I, in common with other married women in Illinois, am now protected by law in my right to my home, bought with my own earnings.

I sent on the "Bill to equalize the rights and responsibilities if husband and wife," to the next legislature of 1871, and it was presented by Senator Dore of Chicago, and freely discussed on the floor of the Senate, and through the columns of the papers, and before the Session closed, I received a letter from Senator Dore, stating that the main features of the Bill had passed into a law, so that now a married woman is equally with the husband entitled to the custody, control and earnings of the children, and can administer upon the estate, and is equally with the husband the natural and legal guardian of the children on the death of her partner, and her right to her own property is protected equally with that of her husband.