We believe the whole theory of the Common Law in relation to woman is unjust and degrading, tending to reduce her to a level with the slave, depriving her of political existence, and forming a positive exception to the great doctrine of equality as set forth in the Declaration of Independence. In the language of Prof. Walker, in his "Introduction to American Law": "Women have no part or lot in the foundation or administration of the government. They can not vote or hold office. They are required to contribute their share, by way of taxes, to the support of the Government, but are allowed no voice in its direction. They are amenable to the laws, but are allowed no share in making them. This language, when applied to males, would be the exact definition of political slavery." Is it just or wise that woman, in the largest and professedly the freest and most enlightened republic on the globe, in the middle of the nineteenth century, should be thus degraded?
We would especially direct the attention of the Convention to the legal condition of married women. Not being represented in those bodies from which emanate the laws, to which they are obliged to submit, they are protected neither in person nor property. "The merging of woman's name in that of her husband is emblematical of the fate of all her legal rights." At the marriage-altar, the law divests her of all distinct individuality. Blackstone says: "The very being or legal existence of the woman is suspended during marriage, or at least incorporated or consolidated into that of her husband." Legally, she ceases to exist, and becomes emphatically a new creature, and is ever after denied the dignity of a rational and accountable being. The husband is allowed to take possession of her estates, as the law has proclaimed her legally dead. All that she has, becomes legally his, and he can collect and dispose of the profits of her labor without her consent, as he thinks fit, and she can own nothing, have nothing, which is not regarded by the law as belonging to her husband. Over her person he has a more limited power. Still, if he render life intolerable, so that she is forced to leave him, he has the power to retain her children, and "seize her and bring her back, for he has a right to her society which he may enforce, either against herself or any other person who detains her" (Walker, page 226). Woman by being thus subject to the control, and dependent on the will of man, loses her self-dependence; and no human being can be deprived of this without a sense of degradation. The law should sustain and protect all who come under its sway, and not create a state of dependence and depression in any human being. The laws should not make woman a mere pensioner on the bounty of her husband, thus enslaving her will and degrading her to a condition of absolute dependence.
Believing that woman does not suffer alone when subject to oppressive and unequal laws, but that whatever affects injuriously her interests, is subversive of the highest good of the race, we earnestly request that in the New Constitution you are about to form for the State of Ohio, women shall be secured, not only the right of suffrage, but all the political and legal rights that are guaranteed to men.
After some discussion the memorial was adopted. With the hope of creating a feeling of moral responsibility on this vital question, an earnest address16 to the women of the State was also presented, discussed, and adopted.
ADDRESS TO THE WOMEN OF OHIO.
How shall the people be made wiser, better, and happier, is one of the grand inquiries of the present age. The various benevolent associations hold up to our view special forms of evil, and appeal to all the better feelings of our nature for sympathy, and claim our active efforts and co-operation to eradicate them. Governments, at times, manifest an interest in human suffering; but their cold sympathy and tardy efforts seldom avail the sufferer until it is too late. Philanthropists, philosophers, and statesmen study and devise ways and means to ameliorate the condition of the people. Why have they so little practical effect? It is because the means employed are not adequate to the end sought for. To ameliorate the effects of evil seems to have been the climax of philanthropic effort. We respectfully suggest that lopping the branches of the tree but causes the roots to strike deeper and cling more closely to the soil that sustains it. Let the amelioration process go on, until evil is exterminated root and branch; and for this end the people must be instructed in the Rights of Humanity;—not in the rights of men and the rights of women; the rights of the master and those of the slave;—but in the perfect equality of the Rights of Man. The rights of man! Whence came they? What are they? What is their design? How do we know them? They are of God! Those that most intimately affect us as human beings are life, liberty, and the pursuit of happiness. Their design is happiness. The human organization is the charter deed by which we hold them. Hence we learn that rights are coeval with the human race, of universal heritage, and inalienable; that every human being, no matter of what color, sex, condition, or clime, possesses those rights upon perfect equality with all others. The monarch on the throne, and the beggar at his feet, have the same. Man has no more, woman no less.
Rights may not be usurped on one hand, nor surrendered on the other, because they involve a responsibility that can be discharged only by those to whom they belong, those for whom they were created; and because, without those certain inalienable rights, human beings can not attain the end for which God the Father gave them existence. Where and how can the wisdom and ingenuity of the world find a truer, stronger, broader basis of human rights. To secure these rights, says the Declaration of Independence, "Governments were instituted among men, deriving their just powers from the consent of the governed;" and "whenever any form of government becomes destructive of those ends, it is the right of the people to alter or abolish it, and to substitute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." The Government of this country, in common with all others, has never recognized or attempted to protect women as persons possessing the rights of humanity. They have been recognized and protected as appendages to men, without independent rights or political existence, unknown to the law except as victims of its caprice and tyranny. This government, having therefore exercised powers underived from the consent of the governed, and having signally failed to secure the end for which all just government is instituted, should be immediately altered, or abolished.
We can not better describe the political condition of woman, than by quoting from a distinguished lawyer of our own State. Professor Walker, in his "Introduction to American Law," says
OF HUSBAND AND WIFE,
"We have a few statutory provisions on the subject, but for the most part the law of husband and wife is Common Law, and you will find that it savors of its origin in all its leading features. The whole theory is a slavish one, compared even with the civil law. I do not hesitate to say, by way of arousing your attention to the subject, that the law of husband and wife, as you gather it from the books, is a disgrace to any civilized nation. I do not mean to say that females are degraded in point of fact. I only say, that the theory of the law degrades them almost to the level of slaves." We thank Prof. Walker for his candor. He might have added that the practice of the law does degrade woman to the level of the slave. He also says: "With regard to political rights, females form a positive exception to the general doctrine of equality. They have no part nor lot in the formation or administration of government. They can not vote or hold office. We require them to contribute their share in the way of taxes for the support of government, but allow them no voice in its direction. We hold them amenable to the laws when made, but allow them no share in making them. This language applied to males, would be the exact definition of political slavery; applied to females, custom does not teach us so to regard it."
Of married women he says: "The legal theory is, marriage makes the husband and wife one person, and that person is the husband. He the substantive, she the adjective. In a word, there is scarcely a legal act of any description that she is competent to perform. If she leaves him without cause, (legal) he may seize and bring her back, for he has a right to her society, which he may enforce, either against herself, or any other person. All her personality in regard to property becomes the husband's by marriage, unless the property has been specially secured to her. If the property be not in his possession, he may take measures to reduce it to possession. He can thus dispose of it in spite of her. If debts were due to her, he may collect them. If he was himself the debtor, the marriage cancels the debt. If she has earned money during marriage, he may collect it. In regard to