XV.

2.—“... _woman’s griefs with man of barbarous breed_.”

“In all barbarous societies the subjection of woman is more or less

severe; customs or coarse laws have regulated the savagery of the first

anarchic ages; they have doubtless set up a barrier against primitive

ferocity, they have interdicted certain absolutely terrible abuses of

force, but they have only replaced these by a servitude which is still

very heavy, is often iniquitous, and no longer permits to

legally-possessed women those escapes, or capriciously accorded

liberties, which were tolerated in savage life.”—Letourneau (“Evolution

of Marriage,” Chap. XIV.).

4.—“_Crippled and crushed by cruelty and toil_.”

Some of this crippling has been of set purpose, as well as the simple

result of brutal male recklessness. Instance the distortion of the feet

of high-born female children in China, the tradition concerning which is

that the practice was initiated and enjoined by an emperor of old, one

of whose wives had (literally) “run away” from him. A somewhat similar

precaution would seem to be indicated as a very probable source of the

persistent and almost universal incommodity and incumbrance of the dress

of woman as compared with that of man.

Dr. Thomas Inman, in his “Ancient Faiths Embodied in Ancient Names,”

Vol. I., p. 53, seems to indicate a different, yet closely allied,

origin and motive for the impeding form of woman’s clothing, the

subordinate status of woman being always the purpose in view.

_Id._... “Even supposing a woman to give no encouragement to her

admirers, many plots are always laid to carry her off. In the encounters

which result from these, she is almost certain to receive some violent

injury, for each of the combatants orders her to follow him, and, in the

event of her refusing, throws a spear at her. The early life of a young

woman at all celebrated for beauty is generally one continued series of

captivities to different masters, of ghastly wounds, of wandering in

strange families, of rapid flights, of bad treatment from other females

amongst whom she is brought, a stranger, by her captor; and rarely do

you see a form of unusual grace and elegance but it is marked and

scarred by the furrows of old wounds; and many a female thus wanders

several hundred miles from the home of her infancy, being carried off

successively to distant and more distant points.”—Sir George Grey

(“Travels in North-Western Australia,” 1841, Vol. II., p. 249; quoted in

M’Lennan on “Primitive Marriage,” p. 75).

5.—“... _her heart a gentle mien essayed_.”

“Woman seems to differ from man in mental disposition, chiefly in

greater tenderness and less selfishness, and this holds good even with

savages, as shown by a well-known passage in “Mungo Park’s Travels,” and

by statements made by other travellers. Woman, owing to her maternal

instincts, displays these qualities towards her infants in an eminent

degree; therefore it is likely that she should often extend them towards

her fellow creatures.”... “Mungo Park heard the negro women teaching

their young children to love the truth.”—Darwin (“The Descent of Man,”

Chaps. IX., III.).

6.—“_By deeper passion, holier impulse, swayed_.”

Mrs. Eliza W. Farnham well says:—“Woman has accepted her subordinate

lot, and lived in it with comparatively little moral harm, as the only

truly superior and noble being could have done. The masculine spirit,

enslaved and imprisoned, becomes diabolic or broken; the feminine, only

warped, weakened, or distorted, is ready, whenever the pressure upon it

is removed, to assume its true attitude.”—(“Woman and Her Era,” Part

IV.)

_Id._... Perhaps as appositely here, as elsewhere, may be recorded the

following:—“An American writer says: ‘While I lived among the Choctaw

Indians, I held a consultation with one of their chiefs respecting the

successive stages of their progress in the arts of civilised life, and,

among other things, he informed me that at their start they made a great

mistake, they only sent boys to school. Their boys came home intelligent

men, but they married uneducated and uncivilised wives, and the uniform

result was that the children were all like their mothers. The father

soon lost all his interest both in wife and children. And now,’ said he,

‘if we could educate but one class of our children, we should choose the

girls, for, when they become mothers, they educate their sons.’ This is

the point, and it is true.”—(_Manchester Examiner and Times_, Sept.,

1870.)

8.—“... _mother-love alone the infant oft preserved_.”

In Polynesia, “if a child was born, the husband was free to kill the

infant, which was done by applying a piece of wet stuff to the mouth and

nose, or to let it live; but, in the latter case, he generally kept the

wife for the whole of her life. If the union was sterile, or the

children put to death, the man had always the right to abandon the woman

when and how it seemed good to him.”—Letourneau (“Evolution of

Marriage,” p. 113).

_Id._... An Arab legend tells of a chief of Tamin, who became a constant

practitioner of infanticide in consequence of a wound given to his

pride ... and from that moment he interred alive all his daughters,

according to the ancient custom. But one day, during his absence, a

daughter was born to him, whom the mother secretly sent to a relative to

save her, and then declared to her husband that she had been delivered

of a still-born child.—(R. Smith, on “Kinship,” p. 282; quoted by

Letourneau, “Evolution of Marriage,” p. 83.)

_Id._... Charles Darwin writes of Tierra del Fuego:—“The husband is to

the wife a brutal master to a laborious slave. Was a more horrid deed

ever perpetrated than that witnessed on the west coast by Byron, who saw

a wretched mother pick up her bleeding, dying infant-boy, whom her

husband had mercilessly dashed on the stones for dropping a basket of

sea-eggs!”—(“Voyage of the _Beagle_,” Chap. X.)

_Id._... Mrs. Reichardt tells of a certain Moslem, of high standing in

the society of Damascus, who “married a young girl of ten, and, after

she had born him two sons, he drove her almost mad with such cruelty and

unkindness that she escaped, and went back to her father. Her husband

sent for her to return, and, as she was hidden out of his sight, he

wrung the necks of both his sons, and sent their bodies to his wife to

show her what he had in store for her. The young mother, not yet twenty,

died in a few days.”—(See _Nineteenth Century_, June, 1891.)

_Id._... It will not be forgotten that, in more than one of the older

civilisations, the father had the power of life and death over the

members of the family, even past adult age.

And, to come to quite recent times, and this our England, Mrs.

Wolstenholme Elmy, to whose unflagging energy, during some fifteen years

of labour, was mainly attributable (as the Parliamentary sponsors of the

measures know) the amelioration in the English law concerning wives and

mothers, embodied in the Married Women’s Property Acts of 1870 and 1882,

together with the later and beneficent Guardianship of Infants Act,

1886, relates, in her record of the history of this latter Act:—

“It will be remembered that so recently as 1883, a young lady

petitioned that she might be allowed to spend her summer holidays with

her own mother, from whom she was separated for no fault of her own or

of her mother’s, but in virtue of the supreme legal rights of her

father. The Court refused her petition, natural and proper as it seems

to everyone of human feelings; and the words of the Master of the

Rolls in giving judgment, on the 24th of July, 1883, are more

significant and instructive as to the actual state of the law than the

words of any non-professional writer can be:—‘The law of England

_recognises the rights of the father_, not as the guardian, but

_because he is the father of his children_.... _The rights of the

father are recognised because he is the father_; his duties as a

father are recognised because they are natural duties. The natural

duties of a father are to treat his children with the utmost

affection, and with infinite tenderness.... The law recognises these

duties, from which if a father breaks he breaks from everything which

nature calls upon him to do; and, although the law may not be able to

insist upon their performance, it is because the law recognises them,

and knows that in almost every case the natural feelings of a father

will prevail. The law trusts that the father will perform his natural

duties, and does not, and, indeed, cannot, inquire how they have been

performed.... I am not prepared to say whether _when the child is a

ward of Court, and the conduct of the father is such as to exhaust all

patience—such, for instance, as cruelty, or pitiless spitefulness

carried to a great extent—the Court might not interfere. But such

interference will be exercised_ ONLY IN THE UTMOST NEED, AND IN MOST

EXTREME CASES. It is impossible to lay down the rule of the Court more

clearly than has been done by Vice-Chancellor Bacon in the recent case

of “_Re._ Plowley” (47 “L.T.,” N.S., 283). In saying that this Court,

“whatever be its authority or jurisdiction, _has no authority to

interfere with the sacred right of a father over his own children_,”

the learned Vice-Chancellor has summed up all that I intended to say.

_The rights of a father are sacred rights, because his duties are

sacred._...’

“These sacred rights of the father were, it will be observed, in the

eyes of the law so _exclusive_ and paramount as to justify and demand

the refusal to a young girl, at the most critical period of early

womanhood, of the solace of a few weeks’ intercourse with a blameless

and beloved mother; and this although the gratification of the

daughter’s wish would have involved no denial to the father of the

solace of his daughter’s company, since she was not actually, but only

_legally_, in his custody, not having seen him for more than a year.

“It will be seen from this that the father alone has the absolute

legal right to deal with his child or children, to the extent of

separating them, at his own sole pleasure, from their mother, and of

giving them into the care and custody of any person whom he may think

fit. The mother has, as such, no legal status, no choice, voice, lot,

or part in the matter.”—Mrs. Wolstenholme Elmy (“The Infants’ Act,

1886,” p. 2).

It is consolatory to learn that a palliation of some part of the above

unjust conditions has been achieved; yet how often has our presumedly

happy land witnessed scenes of child misery and helpless mother-love, to

which was denied even the poor consolation, so pathetically depicted by

Mrs. Browning, in a scene which, as Moir truly says, “weighs on the

heart like a nightmare”;—

“Do you hear the children weeping, oh! my brothers!

Ere the sorrow comes with years?

They are leaning their young heads against their mothers,

And _that_ cannot stop their tears.”

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