proceed to place a moneyed value on the old arm-chair, in which, but a few brief hours since, she closed the eyes that had ever beamed on her with kindness and affection; on the solemn clock in the corner, that told the hour he passed away; on every garment with which his form and presence were associated, and on every article of comfort and convenience that the house contained, even down to the knives and forks and spoons—and the widow saw it all—and when the work was done, she gathered up what the law allowed her and went forth to seek another home! This is the much-talked-of widow's dower. Behold the magnanimity of the law in allowing the widow to retain a life interest in one-third the landed estate, and one-half the personal property of her husband, and taking the lion's share to itself! Had she died first, the house and land would all have been the husband's still. No one would have dared to intrude upon the privacy of his home, or to molest him in his sacred retreat of sorrow. How, I ask you, can that be called justice, which makes such a distinction as this between man and woman?
By management, economy, and industry, our widow is able, in a few years, to redeem her house and home. But the law never loses sight of the purse, no matter how low in the scale of being its owner may be. It sends its officers round every year to gather in the harvest for the public crib, and no widow who owns a piece of land two feet square ever escapes this reckoning. Our widow, too, who has now twice earned her home, has her annual tax to pay also—a tribute of gratitude that she is permitted to breathe the free air of this republic, where "taxation without representation," by such worthies as John Hancock and Samuel Adams, has been declared "intolerable tyranny." Having glanced at the magnanimity of the law in its dealings with the widow, let us see how the individual man, under the influence of such laws, doles out justice to his helpmate. The husband has the absolute right to will away his property as he may see fit. If he has children, he can divide his property among them, leaving his wife her third only of the landed estate, thus making her a dependent on the bounty of her own children. A man with thirty thousand dollars in personal property, may leave his wife but a few hundred a year, as long as she remains his widow.
The cases are without number where women, who have lived in ease and elegance, at the death of their husbands have, by will, been reduced to the bare necessaries of life. The man who leaves his wife the sole guardian of his property and children is an exception to the general rule. Man has ever manifested a wish that the world should indeed be a blank to the companion whom he leaves behind him. The Hindoo makes that wish a law, and burns the widow on the funeral pyre of her husband; but the civilized man, impressed with a different view of the sacredness of life, takes a less summary mode of drawing his beloved partner after him; he does it by the deprivation and starvation of the flesh, and the humiliation and mortification of the spirit. In bequeathing to the wife just enough to keep soul and body together, man seems to lose sight of the fact that woman, like himself, takes great pleasure in acts of benevolence and charity. It is but just, therefore, that she should have it in her power to give during her life, and to will away at her death, as her benevolence or obligations might prompt her to do.
4th. Look at the position of woman as mother. There is no human love so strong and steadfast as that of the mother for her child; yet behold how ruthless are your laws touching this most sacred relation. Nature has clearly made the mother the guardian of the child; but man, in his inordinate love of power, does continually set nature and nature's laws at open defiance. The father may apprentice his child, bind him out to a trade, without the mother's consent—yea, in direct opposition to her most earnest entreaties, prayers and tears.
He may apprentice his son to a gamester or rum-seller, and thus cancel his debts of honor. By the abuse of this absolute power, he may bind his daughter to the owner of a brothel, and, by the degradation of his child, supply his daily wants: and such things, gentlemen, have been done in our very midst. Moreover, the father, about to die, may bind out all his children wherever and to whomsoever he may see fit, and thus, in fact, will away the guardianship of all his children from the mother. The Revised Statutes of New York provide that "every father, whether of full age or a minor, of a child to be born, or of any living child under the age of twenty-one years, and unmarried, may by his deed or last will, duly executed, dispose of the custody and tuition of such child during its minority, or for any less time, to any person or persons, in possession or remainder." 2 R. S., page 150, sec. 1. Thus, by your laws, the child is the absolute property of the father, wholly at his disposal in life or at death.
In case of separation, the law gives the children to the father; no matter what his character or condition. At this very time we can point you to noble, virtuous, well-educated mothers in this State, who have abandoned their husbands for their profligacy and confirmed drunkenness. All these have been robbed of their children, who are in the custody of the husband, under the care of his relatives, whilst the mothers are permitted to see them but at stated intervals. But, said one of these mothers, with a grandeur of attitude and manner worthy the noble Roman matron in the palmiest days of that republic, I would rather never see my child again, than be the medium to hand down the low animal nature of its father, to stamp degradation on the brow of another innocent being. It is enough that one child of his shall call me mother.
If you are far-sighted statesmen, and do wisely judge of the interests of this commonwealth, you will so shape your future laws as to encourage woman to take the high moral ground that the father of her children must be great and good. Instead of your present laws, which make the mother and her children the victims of vice and license, you might rather pass laws prohibiting to all drunkards, libertines, and fools, the rights of husbands and fathers. Do not the hundreds of laughing idiots that are crowding into our asylums, appeal to the wisdom of our statesmen for some new laws on marriage—to the mothers of this day for a higher, purer morality?
Again, as the condition of the child always follows that of the mother, and as by the sanction of your laws the father may beat the mother, so may he the child. What mother can not bear me witness to untold sufferings which cruel, vindictive fathers have visited upon their helpless children? Who ever saw a human being that would not abuse unlimited power? Base and ignoble must that man be who, let the provocation be what it may, would strike a woman; but he who would lacerate a trembling child is unworthy the name of man. A mother's love can be no protection to a child; she can not appeal to you to save it from a father's cruelty, for the laws take no cognizance of the mother's most grievous wrongs. Neither at home nor abroad can a mother protect her son. Look at the temptations that surround the paths of our youth at every step; look at the gambling and drinking saloons, the club rooms, the dens of infamy and abomination that infest all our villages and cities—slowly but surely sapping the very foundations of all virtue and strength.
By your laws, all these abominable resorts are permitted. It is folly to talk of a mother moulding the character of her son, when all mankind, backed up by law and public sentiment, conspire to destroy her influence. But when woman's moral power shall speak through the ballot-box, then shall her influence be seen and felt; then, in our legislative debates, such questions as the canal tolls on salt, the improvement of rivers and harbors, and the claims of Mr. Smith for damages against the State, would be secondary to the consideration of the legal existence of all these public resorts, which lure our youth on to excessive indulgence and destruction.
Many times and oft it has been asked us, with, unaffected seriousness, "What do you women want? What are you aiming at?" Many have manifested a laudable curiosity to know what the wives and daughters could complain of in republican America, where their sires and sons have so bravely fought for freedom and gloriously secured their independence, trampling all tyranny, bigotry, and caste in the dust, and declaring to a waiting world the divine truth that all men are created equal. What can woman want under such a government? Admit a radical difference in sex, and you demand different spheres—water for fish, and air for birds.
It is impossible to make the Southern planter believe that his slave feels and reasons just as he does—that injustice and subjection are as galling as to him—that the degradation of living by the will of another, the mere dependent on his caprice, at the mercy of his passions, is as keenly felt by him as his master. If you can force on his unwilling vision a vivid picture of the negro's wrongs, and for a moment touch his soul, his logic brings him instant consolation. He says, the slave does not feel this as I would. Here, gentlemen, is our difficulty: When we plead our cause before the law-makers and savants