Woman Before the Law : Part 3

Woman; Man's Equal
by Thomas Webster

(Page 8 of 12)

It is quite true that all women are not made to feel the full force of this bitter oppression, because of the kindness of their husbands, or the prudent forethought of their fathers in providing for unlooked-for emergencies which might occasion poverty or distress; but the laws, and the makers of them, deserve little credit for any comfort or degree of independence enjoyed by women. More sorrowful than it is, infinitely more sorrowful, would woman's condition be, if true Christianity had not made many men more just than the laws require them to be. Many of the slaves had kind masters; but was slavery any the less an iniquitous outrage upon humanity, a curse upon the land, a blot that could only be wiped away by a bloody war? The present social condition of women is merely one system of domestic slavery, which is hourly calling out to God for redress; and, though he tarry long, yet his afflicted children's cry is never lifted up in vain.

Society is even yet so constituted, and the minds of those who are administrators of the law so blinded, by the prejudices which long usage has established, that even the very few laws which are on record for her so-called protection, are rendered of little avail.

The sufferings of women and children from the effects of the liquor-traffic, is perfectly frightful; and what help is there for it? Lately, in Canada, the wife may, after she is reduced to poverty, forbid the dram-seller to sell her husband any more liquor. If he pays attention to the prohibition, well and good; if not, when in a drunken fit the husband has well-nigh killed her, she may have him bound over to keep the peace - if she can find a magistrate who will do it - and she may complain of the man who sold him the liquor. Perhaps he will be fined a dollar, perhaps not. More likely the latter, with a not very gentle hint that she has stepped out of her sphere by presuming to meddle in such matters.

If women had a voice in the making of the laws, how long would the dram-shop and low groggery send out their liquid poison to pollute civilized lands? But all women are not on the side of right. Neither are the very large majority of men. Many women are drunkards themselves, and worse. True, alas! too true. Sin has corrupted human nature, and men and women have sunk to fearful depths of degradation. Statistics go to show, however, that fallen women happily bear only a very small proportion to those upon whose moral character there is no stain. The virtuous and good are in the large majority.

Men are not allowed by law to murder their wives. Indeed, the law forbids them to beat them; but for this trifle, husbands frequently escape with an "admonition." Yet, though the letter of the law is explicit, they must stop short of killing their victims. There is a case on record, within a few years back and in a British province, where a man beat his wife to death. He was found guilty of the crime. The jury - composed of men, of course - brought in a verdict of manslaughter, and he was sentenced to three months in the common jail. The plea in his behalf was that she was a drunkard. The poor fellow had only gone a little too far; the court must be merciful. At this same assize, there was a man indicted for theft. He had made good his entrance into a jeweler's shop, and stolen therefrom a watch. The theft was proved, and the culprit sent to the penitentiary for three years. Query: Which was the greater crime, killing a woman or stealing a watch?

The law professes to punish seduction and rape; but when either or both are proved, what are the sentences? In nine cases out of ten, scarcely so severe as for damaging an animal belonging to a neighbor. Occasionally, when the cases have been atrociously aggravating, a man has been hung for poisoning his wife, or one has been sent to the penitentiary for rape; but the instances are more frequent in which the criminal escapes punishment. It is contended that, usually, the women who are murdered, or otherwise maltreated, are ill-tempered, drunken creatures, and therefore not worthy the protection of the law. Would these same parties contend that because a man was ill-tempered, drunken, or dissolute, therefore his wife was scarcely to be punished for foully murdering him? Not at all. The universal testimony would be that she was a shockingly wicked wretch.

Women, as well as men, have to contend with infirmities of temper; and they quite as well succeed in controlling or keeping them in check. There are both men and women, unfortunately, who let their evil passions run riot till they are torments to all who have any thing to do with them. Some women, naturally gentle and kind, have been so ill-treated, so shamefully tyrannized over, that in process of time the "milk of human kindness in their breasts has turned to gall;" and the gall is then bitter enough. Would not men, in similar circumstances, be just as bitter?

There is a certain class of women, however, who as a rule are likely to become fretful and ill-tempered as they grow in years: girls who are allowed to grow up with uninformed judgments, who are taught that the chief end and aim of woman is to captivate and please the opposite sex, who are taught to think a pretty face and delicate figure of more importance than good sense or a thorough education. And yet it is a fact worthy of notice, that those who most eloquently assert their great superiority over the entire sex, are the very men most easily led - ay, and duped - by dressy, frivolous, brainless women. It would be a misfortune, scarcely to be endured, for such men to have wives who know too much.

That there should be a head to every family, is self-evident. A man and his wife, according to Scripture, should be one; and the corporate head is best qualified to govern a family, or manage an estate in which both have a common interest, and therefore ought to have an equal voice. What one lacks, the other may have. The man may be overconfident, the woman too cautious; by counseling together, a proper and safe medium is arrived at.

One-half of the property in the matrimonial firm should always be regarded as belonging to the wife. And if a man and his wife fail to agree as to the advantage, or even safety, of a proposed scheme, and he is still determined to act upon his own judgment, contrary to that of his wife, he should never, in such case, risk more than one-half of the property.

What right has a man, except that "might makes right," to hazard all he has in wild speculations, or by indorsing for some friend or boon companion, despite his wife's expostulations, or without her knowledge? Yet it is done every day, and all lost; and if women who see their children and themselves thus reduced to poverty, complain, they are stigmatized as fretful, unwomanly grumblers. Their husbands, says the world, had a right to do as they pleased with the property in their possession. What if the wife had earned or inherited half, or even the whole, of it! what should women know about business?

Source: New York: Nelson And Phillips. 1873