IV. The right of suffrage.

Fortunately for us, Chancellor Kent talks plain English. He tells us

exactly what the law means, and sets it forth as if it were written to

be understood; which is not exactly the case with all his predecessors.

As to the estimate of woman on which the laws are based, we have, in

connection with what we have already quoted from English law-books, the

following statement:--

"But as the husband is the guardian of the wife, and bound to

protect and maintain her, the law has given him a reasonable

superiority and control over her person; and he may even put gentle

restraints upon her liberty, if her conduct be such as to require

it. The husband is the best judge of the wants of the family, and

the means of supplying them; and, if he shifts his domicile, the

wife is bound to follow him."--_Kent's Commentaries_, vol. ii. p.

180.

The best comment on this is found, I think, in a story told by Mrs.

Stowe, who says that she once saw a little hut perched on a barren ledge

of the Alps, out of reach of human help, and without pasture; but a

little below it were stretches of sweet Alpine grass, inviting to eye

and foot, and capable of affording sustenance to goats and sheep. "How

long have you lived here?" asked Mrs. Stowe of the old woman. "Above

forty years."--"And what made you come so far up? Don't you like the

meadow?"--"I don't know," was the reply: "it was the _man's notion_."

It is somewhat questionable, whether this man _would_ be the best judge

of the wants of his family, Chancellor Kent to the contrary

notwithstanding; as also what might be his idea of "gentle restraint,"

in case the wife had refused "to shift her domicile." As to property,

Kent proceeds:--

The general rule is, that the husband becomes entitled, on the marriage,

to all the goods and chattels of the wife, and to the rents and profits

of her lands; and he becomes liable to pay her debts and perform her

contracts.

1. If the wife have an inheritance in land, he takes the rents and

profits during their joint lives. He may sue in his own name for an

injury to the profits of the land; but, if the husband himself chooses

to commit waste, the wife has no redress at common law.

2. If the wife, at the time of her marriage, hath an estate for her

life, the husband becomes seized of such an estate, and is entitled to

the profits during marriage.

3. The husband also becomes possessed of the chattels real of the wife;

and the law gives him power, _without her consent_, to sell, assign,

mortgage, or otherwise dispose of, the same as he pleases. Such chattels

real are liable to be sold on execution for his debts (vol. ii. p.

133). If he survive his wife, the law gives him her chattels real by

survivorship.

4. If debts are due to the wife before marriage, and are recovered by

the husband afterward, the money becomes, in most cases, absolutely his

own.

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