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Modern Persecution, or Married Woman's Liabilities

From: Modern Persecution
Creator: Elizabeth P. W. Packard (author)
Date: 1873
Source: Available at selected libraries
Figures From This Artifact: Figure 1  Figure 2  Figure 3  Figure 4  Figure 5  Figure 6  Figure 7  Figure 8  Figure 9  Figure 10  Figure 11  Figure 12  Figure 13  Figure 14  Figure 15  Figure 16

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2564  

While at work, however, for my "Bill to Protect the Insane," in the Legislature of 1872, I also lobbied for this bill, and had every reason to think the recommendation of this Revising Committee would be adopted by the Legislature without opposition. But the sudden and rather premature adjournment of the Legislature left this part of their business unfinished, to be acted upon at their next Session.

2565  

When this bill is actually passed into a law, Iowa can then be justly entitled to the honor of not only being the pioneer State in protecting the inmates of insane asylums, but also in extending the same protection of law to the married women of their State which they do to the married men.

2566  

CHAPTER LII.
Getting my Children -- A Re-united Family.

2567  

Finding as I had, that my property rights -- my rights of conscience and opinion and my personal liberty were all at the mercy of my legal usurper, I inquired of my counsel with the most intense anxiety:

2568  

"How is it with my children? Can I not have children. protected to me while I am a married woman?"

2569  

"No, the children are all the husband's after the tender age. You can have no legal right to your own children, unless you get a divorce, and then the Judge will give you your children and alimony."

2570  

"Then your laws do protect children to the single woman, while they do not protect them to the married woman?"

2571  

"Yes, the laws do respect the right of maternity in the single woman, but in the married woman this right, like all her other rights, is ignored by this suspension of rights during coverture."

2572  

"Now, we married women claim that the time has fully come to have our maternal rights established and protected by law, equally at least to those of the single woman, for by such laws a premium is offered on infidelity and encourages divorce; whereas, the best interests of society demand that the sacred institution of marriage be based on the principle of right and justice to both parties so that neither party can ignore or usurp the inalienable rights of the other.

2573  

"Until this is done, the children of this Republic have only half their rights, in law. They can claim a legal right to a father's training, but none to a mother's care."

2574  

The obstacles in the way of getting my children seemed at first view almost insurmountable. The battle I was called upon to fight seemed to require more courage, fortitude and perseverance, than I could command, when I looked simply upon the obstacles.

2575  

But when my loving heart looked upon the end to be attained -- the care of my own dear children -- doubt, despondency and fear fled apace before the determined will and purpose to succeed, in spite of the mighty barriers to be overcome.

2576  

The laws of two States must first be changed, and my poverty be supplanted by plenty, before I could reasonably hope to succeed in getting the custody of my three minor children.

2577  

Fully determined, however, to face these foes and conquer them all before giving the field to the enemy, I commenced writing and selling my own books, as heretofore delineated, and persevered in this business until I had sold enough to purchase a nice little cottage and lot in Chicago, free from all encumbrance.

2578  

But as the laws of Illinois then were, all my earnings which had paid for this home in full, were entirely subject to my husband's control, and thereby liable any day to be taken from me by my husband. The imperative necessity of self-protection drove me to seek a change in the laws of Illinois, to secure to me a safe title to the ownership of this property.

2579  

As a preparatory step, as soon as the legislature for 1869 was chosen, I mailed to each member of that body a copy of my book, the postage alone of which cost me forty dollars.

2580  

I considered this as throwing light across their path, in season for them to consider the subject impartially and calmly before being called upon to act, trusting that all that was needed was simply to inform them of the necessity of such legislation as would render impossible another such outrage.

2581  

In addition to this I suspended all other business, and paid my board in Springfield another entire session, trying to so bring the subject before the members, that its claims might not be forgotten or disregarded. I wrote anonymous articles for the Chicago Tribune, and the Springfield State Journal upon the subject of my bill, which I had the honor to hear credited to Mrs. Livermore of Chicago. But this compliment, flattering as it was, did not supersede the need of direct personal effort for the success of the cause.

2582  

The bill which I had prepared had for its object -- "To equalize the rights and responsibilities of the husband and wife."

2583  

It covered the whole ground of married woman's legal disabilities, the passage of which would not only entitle her to the rights of an individual property owner, the same as her husband, but also to the right of co-partnership with her husband in the use and control of the property acquired during coverture, and also the right of co-partnership with her husband in the guardianship, custody and control of the children, and also an equal right with her husband, as surviving partner, to the administration of the estate and guardianship of the children.

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