LITMIR.BIZ

      CHAPTER IV.

      New York.

       Table of Contents

      The First Woman's Rights Convention, Seneca Falls, July 19-20, 1848—Property Rights of Women secured—Judge Fine, George Geddes, and Mr. Hadley pushed the Bill through—Danger of meddling with well-settled conditions of domestic happiness—Mrs. Barbara Hertell's will—Richard Hunt's tea-table—The eventful day—James Mott President—Declaration of sentiments—Convention in Rochester—Clergy again in opposition with Bible arguments.

      New York with its metropolis, fine harbors, great lakes and rivers; its canals and railroads uniting the extremest limits, and controlling the commerce of the world; with its wise statesmen and wily politicians, long holding the same relation to the nation at large that Paris is said to hold to France, has been proudly called by her sons and daughters the Empire State.

      But the most interesting fact in her history, to woman, is that she was the first State to emancipate wives from the slavery of the old common law of England, and to secure to them equal property rights. This occurred in 1848. Various bills and petitions, with reference to the civil rights of woman, had been under discussion twelve years, and the final passage of the property bill was due in no small measure to two facts. 1st. The constitutional convention in 1847, which compelled the thinking people of the State, and especially the members of the convention, to the serious consideration of the fundamental principles of government. As in the revision of a Constitution the State is for the time being resolved into its original elements in recognizing the equality of all the people, one would naturally think that a chance ray of justice might have fallen aslant the wrongs of woman and brought to the surface some champion in that convention, especially as some aggravated cases of cruelty in families of wealth and position had just at that time aroused the attention of influential men to the whole question. 2d. Among the Dutch aristocracy of the State there was a vast amount of dissipation; and as married women could hold neither property nor children under the common law, solid, thrifty Dutch fathers were daily confronted with the fact that the inheritance of their daughters, carefully accumulated, would at marriage pass into the hands of dissipated, impecunious husbands, reducing them and their children to poverty and dependence. Hence this influential class of citizens heartily seconded the efforts of reformers, then demanding equal property rights in the marriage relation. Thus a wise selfishness on one side, and principle on the other, pushed the conservatives and radicals into the same channel, and both alike found anchor in the statute law of 1848. This was the death-blow to the old Blackstone code for married women in this country, and ever since legislation has been slowly, but steadily, advancing toward their complete equality.

      Desiring to know who prompted the legislative action on the Property Bill in 1848, and the names of our champions who carried it successfully through after twelve years of discussion and petitioning, a letter of inquiry was addressed to the Hon. George Geddes of the twenty-second district—at that time Senator—and received the following reply:

      Fairmount, Onondaga Co., N. Y.,

       November 25, 1880.

      Mrs. Matilda Joslyn Gage:

      Dear Madam:—I was much gratified at the receipt of your letter of the 22d inst., making inquiries into the history of the law of 1848 in regard to married women holding property independently of their husbands. That the "truth of history" may be made plain, I have looked over the journals of the Senate and Assembly, and taken full notes, which I request you to publish, if you put any part of this letter in print.

      I have very distinct recollections of the whole history of this very radical measure. Judge Fine, of St. Lawrence, was its originator, and he gave me his reasons for introducing the bill. He said that he married a lady who had some property of her own, which he had, all his life, tried to keep distinct from his, that she might have the benefit of her own, in the event of any disaster happening to him in pecuniary matters. He had found much difficulty, growing out of the old laws, in this effort to protect his wife's interests.

      Judge Fine was a stately man, and of general conservative tendencies, just the one to hold on to the past, but he was a just man, and did not allow his practice as a lawyer, or his experience on the bench, to obscure his sense of right. I followed him, glad of such a leader.

      I, too, had special reasons for desiring this change in the law. I had a young daughter, who, in the then condition of my health, was quite likely to be left in tender years without a father, and I very much desired to protect her in the little property I might be able to leave. I had an elaborate will drawn by my old law preceptor, Vice-Chancellor Lewis H. Sandford, creating a trust with all the care and learning he could bring to my aid. But when the elaborate paper was finished, neither he or I felt satisfied with it. When the law of 1848 was passed, all I had to do was to burn this will.

      In this connection I wish to say that the Speaker of the Assembly, Mr. Hadley, gave aid in the passage of this law that was essential. Very near the end of the session of the Legislature he assured me that if the bill passed the Senate, he would see that it passed the House. By examining my notes of the Assembly's action, you will see that the bill never went to a committee of the whole in that body, but was sent directly to a select committee to report complete. It was the power of the Speaker that in this summary manner overrode the usual legislative forms. The only reason Mr. Hadley gave me for his zeal in this matter, was that it was a good bill and ought to pass.

      I believe this law originated with Judge Fine, without any outside prompting. On the third day of the session he gave notice of his intention to introduce it, and only one petition was presented in favor of the bill, and that came from Syracuse, and was due to the action of my personal friends—I presented it nearly two months after the bill had been introduced to the Senate.

      The reception of the bill by the Senate showed unlooked-for support as well as opposition. The measure was so radical, so extreme, that even its friends had doubts; but the moment any important amendment was offered, up rose the whole question of woman's proper place in society, in the family, and everywhere. We all felt that the laws regulating married women's, as well as married men's rights, demanded careful revision and adaptation to our times and to our civilization. But no such revision could be perfected then, nor has it been since. We meant to strike a hard blow, and if possible shake the old system of laws to their foundations, and leave it to other times and wiser councils to perfect a new system.

      We had in the Senate a man of matured years, who had never had a wife. He was a lawyer well-read in the old books, and versed in the adjudications which had determined that husband and wife were but one person, and the husband that person; and he expressed great fears in regard to meddling with this well-settled condition of domestic happiness. This champion of the past made long and very able arguments to show the ruin this law must work, but he voted for the bill in the final decision.

      The bill hung along in Committee of the Whole until March 21st, when its great opponent being absent, I moved its reference to a select Committee, with power to report it complete; that is, matured ready for its passage. So the bill was out of the arena of debate, and on my motion was ordered to its third reading.

      In reply to your inquiries in regard to debates that preceded the action of 1848, I must say I know of none, and I am quite sure that in our long discussions no allusion was made to anything of the kind. Great measures often occupy the thoughts of men and women, long before they take substantial form and become things of life, and I shall not dispute any one who says that this reform had been thought of before 1848. But I do insist the record shows that

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