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Modern Persecution, or Married Woman's Liabilities
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2002 |
CHAPTER XL. | |
2003 | After selling five hundred books in the city of New Haven, and conversing with twice that number of the most intelligent men of the city, the way, as they intimated, seemed prepared for the passage of a bill to remove some of the legal disabilities of married women. | |
2004 | Taking council, therefore, of some of the most prominent members of the bar in this city, and also Mr. Francis Fellowes, of Hartford, I drew up a Petition and circulated it among some of these patrons, asking the Legislature to ameliorate their condition, in the following term?, viz.: | |
2005 | To the Honorable Senate and House of Representatives in General Assembly convened: | |
2006 | "We, the undersigned citizens of Connecticut, respectfully represent that the Common law in relation to the social condition of married women, deprives her of any legal existence, and legal protection as a married woman, thus wholly excluding her while a married woman, from the protection in law of any of her natural rights, such as a right to herself, a right to her children, a right to her home -- thus leaving the protection of all her natural rights, wholly at the will or mercy of her husband; that this unlimited power is liable to, and has become an oppressive power; that the law of divorce is one of the great evils which her present legal position necessarily entails upon society. | |
2007 | And further, while this licensed oppression reflects only the spirit of the common law of the dark ages, when the married woman was the mere slave of the husband; we now under the light of progressive civilization, assign her the place of companion of her husband and joint partner with him in his family interests. | |
2008 | Therefore, we, the undersigned, respectfully petition that your honorable body will take into consideration the present legal position of married women, and inquire, by committee or otherwise, whether this slavish principle of common law viz.: the legal nonentity of the wife, cannot justly and profitably be either abolished, or so far modified, as to protect "her against the abuse of this absolute power of her husband, by granting her legally the same protection in government, which the enlightened public sentiment of the present age grants her in her social position in society." | |
2009 | Two hundred and fifty men of the highest standing in New Haven signed the above petition, and it was presented to the Legislature, convened in New Haven, in May, 1866; was referred to the Judiciary Committee, and I was called upon to defend it. | |
2010 | But at the first interview, owing to the absence of some members, and limited time, it was agreed that I meet them one week from date, and that a notice be given to the Legislature that other members might be present. | |
2011 | In accordance with this arrangement, I went as appointed, and found to my surprise, that at Governor Hawley's suggestion, all the Committees had been advised to suspend their business at that hour for the purpose of listening to my defense. | |
2012 | As the result, a great crowd assembled in and about the room of the Judiciary Committee at the hour appointed. But as this room could not accommodate half this number it was suggested that we adjourn to the senate chamber. | |
2013 | A voice from outside cried out: | |
2014 | "The senate chamber can't accommodate half the number present!" | |
2015 | The chairman then inquired if I was willing to go to the legislative hall and make my defense. | |
2016 | I told him I was willing to go anywhere they thought best. | |
2017 | I accordingly followed this crowd to the legislative hall, and took my stand at the table below the speaker's stand, when a voice cried out: | |
2018 | "Go upon the speaker's stand! We can't see the lady." | |
2019 | Thither I went at the committee's request, and read my defense to a room full of attentive listeners. | |
2020 | Besides the members, there were many patrons present, including some clergymen, and Judge Dutton, the teacher of the law school, his pupils, and members of the bar and some ladies. | |
2021 | This was the first time I ever stood before an audience as a public speaker, and this position I did not seek or even anticipate when I prepared my address; however, as I had been a teacher and accustomed to speak from the platform of a large school-room, I found no difficulty in making my present audience understand my argument, as indicated by their silence while I spoke, and the burst of applause as I descended from the stand. | |
2022 | The chairman then inquired if there were any objections to this bill being passed. | |
2023 | No one spoke. | |
2024 | He repeated his question a second and third time. | |
2025 | Still no one ventured to bring forward the least kind of opposition. | |
2026 | The chairman smilingly remarked: | |
2027 | "There seems to be but one side to this question." | |
2028 | And after extending to me a very complimentary vote of thanks, with a request that the address be published, they adjourned. | |
2029 | It was printed in the New Haven Journal, and may be found in the appendix to this volume. | |
2030 | As an evidence that the true legal position of married woman was properly and truthfully delineated, I will venture to quote Judge Button's remark to me upon this subject: |