Page:History of Woman Suffrage Volume 1.djvu/783

Rh her by the husband, in which the Act of 1860 was lame, and in other ways gave more freedom and power to married women. The fourth section of the Act of 1862 amends the eighth section of the Act of 1860, but only in its verbiage. The fifth section of the Act of 1862 does not impair the Act of 1860; it simply puts the woman before the courts, and the law as an entity able to go alone. The sixth section of the Act of 1862 increases the powers of a married woman, by giving her a veto on some acts of her husband. The seventh section is like the fifth. In no other respect than those I have named did the Act of 1862 affect the Act of 1860. In but one thing did it repeal, in the sense of taking away any right or power or privilege or freedom that the Act of 1860 gave. On the contrary, in some respects, it gave more or greater.

I am glad that you wrote to me. I am glad that I have the opportunity to defend the memory of a good man, Judge John Willard. I make bold to ask you to turn to the thirty-seventh volume of Barbour's Supreme Court Reports, Appendix, pp. 670 et seq., and read the words spoken of him by his peers. I am glad also to have the opportunity to speak a word for my Judiciary Committee.

And I will not close this lengthened answer, without suggesting a suspicion, that those who have taken the notion that the Act of 1862 was a retrograde step, have done so without comparing for themselves the two acts.

For myself, I have the distinction of being one of less than half-a-dozen Senators who voted that women have the right to vote for delegates to the Constitutional Convention of 1866; and one of about a dozen and a half members of that Convention who voted to erase from the suffrage article the word "male." I have never been convinced of the expediency of giving to females the privilege of suffrage; but I have never been able to see the argument by which they were not as much entitled to the right as males.

Trusting that you will forgive the length of this epistle,

Rh

As will be seen by the above letters, both Mr. Colvin and Mr. Folger make mistakes in regard to the effect of these bills. In speaking of the complete equality of husbands and wives under the law of 1860, Mr. Colvin said, "All the wife then had to ask was the right of suffrage," quite forgetting that the wife has never had an equal right to the joint earnings of the copartnership, as no valuation has ever been placed on her labor in the household, to which she gives all her time, thought, and strength, the absolute sacrifice of herself, mind and body, all possibility of self-development and self-improvement being in most cases out of the question. Mr. Folger in saying the repeal of section eleven affected man as much as woman, falls into the same mistake, assuming that the joint