THE CONGRESS OF WOMEN.
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woman whose husband had deprived her of her liberty, said, that he did not believe that it ever was the law of England that a husband could restrain his wife of her liberty, and that it certainly is not English law today. In India, under the power of a Christian government, the burning of a widow upon her husband’s funeral pyre is forbidden by law, and the day seems, not far distant when the seclusion of the zenana and the practice of child-marriages will also disappear. In Japan, where women are more respected than among many Eastern nations, a wife may still be divorced upon the very slightest grounds, even if she talks too much to suit her lord and master. The codes of Continental Europe fail to do justice to woman in respect to her personal protection in the matter of divorce for certain criminal offenses, where the privileges of the man are greater than those of the woman, making it less easy for her than for him to obtain a divorce. This seems to be a vestige of the ancient conception of woman’s inferiority.
V. PROPERTY RIGHTS OF WOMEN.
The subject of the present property rights of women is lastly to be considered.
In England and America the unmarried woman is now, as she was four hundred * years ago, possessed of all the property rights of a man. She can buy and sell her property, carry on business, bind herself by her contracts of every kind, make a will, and adopt a child if she chooses, just as her brother may do. She can sue and be sued in court, is a competent witness in all cases, and can be executrix of a will, administratrix of an estate, and guardian of children. On the Continent of Europe the unmarried woman is still hampered in some degree by the former legal conception of the essential frailty and incapacity of woman. She is bound by her contracts and may do business as a public merchant. She can make a will and adopt a child. But she cannot, except in Italy and Russia, sign her name as a witness to any legal document; neither can she, with a few exceptions, be a guardian of children, or act as a legal member of family councils. As to the property rights of the married woman, a most radical change has taken place within the last fifty years. Every state in the Union has passed statutes widening to some extent the legal powers of the married woman; and in England, by the Married Woman’s Property Act of 1882, all legal restrictions are removed from the wife, who is capable of holding and transferring property, and can sue and be sued as if unmarried.
Rhode Island appears to have led in this reform in 1841, which gave to a wife coming into the state as a resident, being already separated from her husband, the sole ownership and control of her property. This was followed, in 1844, by an act securing to the wife her own property, including her earnings, so that it could not be taken for the husband’s debts, and providing that in case she survived him it was to be her sole and separate property. Massachusetts followed, in 1845, with a similar statute, and New York, in 1848, passed a much more liberal one.
It is impossible to trace the history of or give in detail the law of each state. Only the general features can be presented. In every state of the Union, except Tennessee, the wife’s property is so far secured to her that it cannot be taken for her husband’s debts, and if she survives him it becomes her sole and separate property. But many, indeed a majority, of the states go much further than this, and give to the wife the sole ownership and control of her property as if she were unmarried. In nearly all the states, however, the real estate of the wife cannot be sold without the joinder of her husband in the deed, both signing it. In California, Colorado, Illinois, Iowa, Kansas, Maine, Michigan, New York and Wisconsin the wife’s deed is good without the husband’s signature. All the rest of her property she is free to dispose of as if she were single. In all the states a wife may make a will. In some of these she cannot by any means by her will deprive her husband of the legal share in her property which he would take if she made no will; but in a few, as in Massachusetts, she may cut off her husband’s legal claim by securing his written consent thereto. The earnings of the wife belong to her in all but nine states and territories. In
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