Page:History of Woman Suffrage Volume 1.djvu/911

Rh was to pass into other hands: henceforth she was to be counted only as an incumbrance on it. Looking from the misery of the present down the gloom of the future, she could see only widowhood and penury. And whilst the appraisers were performing their ungracious task of overhauling cupboards and drawers, and estimating the value in cash of presents received in her courtship, she, in her quiet despair at this last bitter drop added to her full cup, arrayed herself in her best apparel (which the law generously provides "she shall retain"), and, without uttering a word of complaint or farewell, walked to the nearest water and drowned herself.

If "oppression maketh even a wise man mad," ought we to wonder that a woman, almost crazed by a sudden and terrible bereavement, upon finding that her calamity, instead of giving her the jealous and compassionate protection of the law, was to be made the pretext for robbing her of what yet remained of earthly comforts, should, in the madness of her despair, cast away the burden of a life no longer tolerable? In India she would have been burned upon the funeral pile of her dead husband; we drive her to madness and suicide by the slower, but no less cruel torture, of starvation and a breaking heart. Whilst persisting in such legislation, how could we expect to escape the woe, denounced by the compassionate and long-suffering Saviour, against the "hypocrites who devour widows' houses"?

It is said woman can accomplish any object of her desire better by persuasion, by her smiles and tears and eloquence, than she could ever compel by her vote. But with all her powers of coaxing and eloquence, she has never yet coaxed her partner into doing her simple justice. Shall we never get beyond the absurd theory that every woman is legally and politically represented by her husband, and hence has an adequate guarantee? The answer is, that she has been so represented ever since representation began, and the result appears to be that, among the Anglo-Saxon race generally, the entire system of laws in regard to women is, at this moment, so utterly wrong, that Lord Brougham is reported to have declared it useless to attempt to amend it—"There must be a total reconstruction before a woman can have any justice." The wrong lies not so much in any special statute as in the fundamental theory of the law, yet no man can read the statutes on this subject of the most enlightened nation, without admitting that they were obviously made by man, not with a view to woman's interest, but his own. Our Ohio laws may not be so bad as the law repealed in Vermont in 1850, which confiscated to the State one-half the property of every childless widow, unless the husband had other heirs. But they must compel from every generous man the admission, that neither justice nor gallantry has yet availed to procure anything like impartiality in the legal provisions for the two sexes. With what decent show of justice, then, can man, thus dishonored, claim a continuance of this suicidal confidence? There is something respectable in the frank barbarism of the old Russian nuptial consecration, "Here, wolf, take thy lamb." But we can not easily extend the same charity to the civilized wolf of England and America, clad in the sheep's clothing of a volume of revised statutes, caressing the person of the bride and devouring her property.

It is said the husband can, by will, provide against these cases of hardship and injustice. True, he can, if he will, but does he? The number is few, some of the more thoughtful and conscientious; but this is only obtaining justice as a favor, and not as a natural right. But it is a majority of husbands who make these laws, and they generally have no desire to amend them by will. Besides, the will of the husband is sometimes even worse than the law itself. Such cases are by no means rare. Almost every man's memory may furnish one or more examples that have fallen under his immediate notice. One or two only we will mention. A woman, advanced in life, who owned a valuable farm in her own right, in the border of a flourishing town, married a man who had little or no property. The farm was soon cut up into town lots and sold at high prices. In a few years the husband died, leaving no children, but, by will, directed the division of nearly the whole of the estate among his relatives, persons who the wife never saw. The only remedy in this case was to fall back upon her right of dower, and submit to the robbery of the law, in order to escape the worse robbery of the will. This will was not the result of any disagreement between the husband and the wife. It was only the natural outgrowth of the whole policy of our laws as regards the property rights of woman.