Page:History of Woman Suffrage Volume 1.djvu/782

750 Strange that you women, so watchful and so regardful of your rights, should have allowed the repeal of those important sections, without strenuous opposition.

2em

We were busily engaged rolling up petitions for the Thirteenth Amendment to the Federal Constitution, our hearts and hands full of work for the Government in the midst of the war, supposing all was safe at Albany. But how comes it that the author of the bill of 1860, residing at the capital, never heard of its repeal? If the bill was so slyly passed that Mr. Colvin himself did not know of it until he saw it in the statute-book, it is not remarkable that it escaped our notice in time to prevent it.

, N. Y., April 12, 1881.


 * —I was chairman of the Judiciary Committee of the New York Senate in 1862-'3-'4-'5-'6-'7-'8-'9. Judge John Willard, of Saratoga County, was a member of the State Senate in that year, and a member of that Committee. He was the author of the Act of 1862. His object, as I have always understood it, was to simplify, make clear, consistent, and practical some of the legislation in regard to married women. I think, with deference I say it, that you are not strictly accurate in calling the legislation of 1862 a repealing one. The first section of the Act of 1862 (chap. 172, p. 343) amends the third section of the Act of 1860 (chap. 90, p. 157), by striking out the provision requiring the assent of the husband, and giving the wife the right (or privilege) to contract and convey as a feme sole, and to covenant for title, etc., etc. That amendment rendered unnecessary the fourth, fifth, and sixth sections of the Act of 1860. They would have fallen of themselves, that is, have been repealed by implication, as inconsistent with the greater power and freedom attained by married women by the amendment of 1862 to the Act of 1860. But ex abundanti cautela, as Judge Willard would have said, there was an express repeal of them. The tenth and eleventh sections of the Act of 1860 were also repealed expressly; but not to the sole detriment of married women. The tenth section gave to married men and married women a life estate in certain cases in one-third of all the real estate of which the wife or husband died seized. The wife had before the Act of 1860, and has now, that estate. The tenth section gave her nothing. The repeal of it took nothing from her. The eleventh section, so far as it gave a life estate, is the same as the tenth. So far as it gave the use of all the real estate of the intestate for the minority of the youngest child, it was an addition to the property rights of the wife, but it was also an addition to the property rights of the husband. I am not able from memory to say why it was repealed; and it is remembrance and not reasoning that you ask for. The third section of the Act of 1862 amends the seventh of the Act of 1860 by striking out the phrase, "except her husband," thus enabling a married woman to protect the property given to