The Atlantic Monthly, Volume 03, No. 16, February, 1859 by Various
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page 3 of 299 (01%)
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the last dozen years. Lawyers admit that the fundamental theory of
English and Oriental law is the same on this point: Man and wife are one, and that one is the husband. It is the oldest of legal traditions. When Blackstone declares that "the very being and existence of the woman is suspended during the marriage," and American Kent echoes that "her legal existence and authority are in a manner lost,"--when Petersdorff asserts that "the husband has the right of imposing such corporeal restraints as he may deem necessary," and Bacon that "the husband hath, by law, power and dominion over his wife, and may keep her by force within the bounds of duty, and may beat her, but not in a violent or cruel manner,"[A]--when Mr. Justice Coleridge rules that the husband, in certain cases, "has a right to confine his wife in his own dwelling-house and restrain her from liberty for an indefinite time," and Baron Alderson sums it all up tersely, "The wife is only the _servant_ of her husband,"--these high authorities simply reaffirm the dogma of the Gentoo code, four thousand years old and more:--"A man, both day and night, must keep his wife so much in subjection that she by no means be mistress of her own actions. If the wife have her own free will, notwithstanding she be of a superior caste, she will behave amiss." [Footnote A: It may be well to fortify this point by a racy extract from that rare and amusing old book, the pioneer of its class, entitled "The Lawes Resolutions of Women's Rights, or the Lawes Provision for Woman. A Methodicall Collection of such Statutes and Customes, with the Cases, Opinions, Arguments, and Points of Learning in the Law as doe properly concern Women." London: A.D. 1632. pp. 404. 4to. The pithy sentences lose immeasurably, however, by being removed from their original black-letter setting. |
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