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FALVEY MEMORIAL LIBRARY
FALVEY MEMORIAL LIBRARY
Dime Novel and Popular Literature
The New World
The New World, Quarto Edition, v. II, no. 19, Whole Number 49, Saturday, May 8, 1841.
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The New World, Quarto Edition, v. II, no. 19, Whole Number 49, Saturday, May 8, 1841.
Benjamin, Park, 1809-1864.
7 February 2017
New York : J. Winchester
Dime Novels and Popular Literature
Hurlbut, E. P. (Elisha P.). The Rights of Woman
Disclaimer of Liability
Disclaimer of Endorsement
'7 , " , sliallnotmnck worn t.. 0 i ii‘ t ‘‘ .Qitan-ro;rs',oir-1oit.‘; v " 5 ' e be his superior. D, liind ;.tliit .'] righ UK’ with su , 'J'ttonster,(pa.tdonth: . V .', ,. ,, I Iiaitit BI3NJA1lIIN,i ‘EDITOR: , : ,“. ‘Ni: vtnthtn with VuLUME.ll:...Nu. 19. itbrigiiut>>',:tri“l:s;r’. , THIEV,-'RIGH'I"S .013. .iV0lllAN.'1; ’ES‘t‘,5A‘Y,‘,' v nun BEFORE nu: MEC‘I-IAN!Cil' rivs'ri'i-urn or "rm: ct-t-2 - t".'- , " 0)'NEWeY0l'tK. ,- ' ‘ e r ,-ii-tIiu'.I3‘UT.', , ' i '.,A THE presieritidiscotirsa will be devoted to the considera- ‘ r tion of the Rights of Woman-the rights ofeue half of the human race, and wliichl donor propose to treat as the <" better half,” but rather as the equal half ‘of mankind. offend her pride-nor-yet withhold from her appropriate ‘praise, lest I should offend her sense of justice. Man stlrrly ’conctgdes not too much when he iidmitcherto be his equal; and her ambition‘ may well he satished, without aspiring to VVomun is deprived ofhcr natural dignity, essed below the condition of man; and she may he treated as an usurpenwhen she aspirrsto exer- cise dominion over him. H , - ' c v an was not “ born. to‘cnmmand,” nor woman “to ob-oy.” They are ‘not wedded to each othurgby human laws, nor by the church, but by the law.of llIPII' natures Whose ministers are the common sentiments and Ihection of their minds-uttd which consecratc their union, deniaiid ‘-its sacred inviolnbility, and admonish thi-rn- prrprtually to ‘love, hrinor and cherish each other so long as they both shall live. By these neither is commanded to obey the ‘other, but only the Creators lawn. ' , But woman is to be regarded not only as the companion and equal of mun, but as the same intellcctual being as himself, ptJ>se>sed of the same sentiments and atI'-ciioiis- S = -. = m = t! : =. ‘D ‘Z the same emotions and wants, and consequently of the some natural rights. r ‘ , ,. one need but to hint to “ears polite" that woman Is powerful in itttellect,‘rioble in st-nvinietlt. and that the He he perfection of her being, by nil the means ullottt-d reatur for the attainment of true excellence and happiness-titid all this and much more will be conceded the ladies ; v since, if we set About it edrnestly, we can prove that this concession, althoughpmude in the spirit .ofgal- Iaotry, might well havelbeert dictated by a sense ofjllaltce. ' Inquire of the- physiologist whether wotrian hnth the an-i-, cerebral organization at man ; and he will iinswer that .her brain and nervous systemurc the same in structure,tind execute the same functions.‘ r‘ U '1 . , ‘V 3 . " , Inquire of,lbe plirenologist, and ,yoii,will be informed (gone of them which: found in man is wanting in womaiil: ‘ that these powers, tvh er of Sfnlttillell-I,‘ intellect or pae< I stun, vary infinitely In Ill dlfreIeIlliIIIdlVIJuBlS of the hu- ' “I11. race, whether male 0 femuleebut that they are com - Tonto man and woman, who have therefore one common .ttl' ‘ ii i ii i i V . . . . K , , , . , .f(nns:lt the writers upori natural law as to the derivation ; "hit no rights, and I most approved of these will state i “ ‘, emanate from be natural wants and emotions of m‘"'i“" as I have attempted to show in the prcceoingdic -e courses. V .. . . , , ‘ 4 ‘sr:zI1‘"I1h mall!“ lnquirt. necessarily follows from three - ‘$3: Ptthi-aim ms nu, That the rights of man , . mu arepreciswly nne and the same! . .. 1"" 0"a'Wn ‘fisiust II well atria the Iiidyol cre- Illmliai not 0tIex:VlIIl better. “. ', ‘ " . . ‘,2, nowt e concession [gallantry the testimony h ::dlitl:eP:;rl'z5ht::lI.3gtst,rtlie. demtmstuion of iii; phterH)loglrblr . ta ‘ Jishmg 'h;‘rirtty o writers upon it. natural law, I rs E Ind demand th; the same legal pro- b$ kflotded to one Is the llhel’-nit)‘, that the a law: 5 all nit be mgdg fa, m“ of wouangbur fur mun Is are human rights, and pertain to hu- , [limit distinction ofaex : aid he will be filled , tar,->e.if nut with horror. what then is the dim- il =1-ltylz pth-it "fathttn this, That the hws of England ‘ ‘ "'5 Arrymca. bitching the Rights of womin, Ire iii v ‘ 3': of the Creator; and tie queetiouir, in ' i .n;“1I‘M“’,"“i:,‘ be “Int: 109 (tr to ray that the tin or these ‘he gives it nnttecagnize the ri his of woman at all; for -‘ W7 I, 5“ ?'”Witt'lge and protect the rights of Itingle wo- mn:'r,” 'fl”"5'"r Ia Ihfsedlwa politely it-‘rm her. But . “I Jitter 3”"! Hi wmmhin legal era with lid! urrte , luriunzlknh. "i" 5 Wmelfnast emphatically 1 new cru- ‘ 2 ' mi‘ " '"“ ‘ b‘”‘It o the luv‘: own creation-I Wold.) whom nature disawits-I fic- . I ' s . - L‘ ’ man beings, . e E5 . S 5 9 (I 2 i h‘vVx. 'i, .i ‘l . , titious being, breathing a legal, not is moral atmosphere.‘ an with fulsoine adlllallnn,,lest I should‘ . the gralihcnuonvof your Icquiaitiveness, for - is , . . catttratts ‘out no on-‘t'ct=: no‘ anusrutsnr. NEWeYOItt<i, SATURDAY, MAY B.vId41. ‘ She is courted and wed ed as “ an ungvlff and yetisdenied the dignity ofxn rational, moral being ever‘ after, aware that this is bold language ; ‘but! propose to demo ' strate its truth andjustice. ‘ . . . . . t , - 1 ' We have before seen that marriage is I natural institu. tion, proceeding necessarily from the organization and con- ditinn of the sexes; and that the law of their natures de- mands an union for life. Iliis union is necessary to their happiness; and as it is dictated by the desires -and.tenti- nieiits oftheir common nature, to live in the married stat’. is B sacred right. In a. former discourse, Ishowcd that man was ordained by his mental constitution to live in’ humaii lociety-and this being so, he,must enter the socialslste without surrendering any ofihis rights, since the designs of nature all harmonise with each other. ’The‘ foundation was thus laid for asserting that woman by ‘entering the married state, doth not prt.iperly,snrr'endcr any right ,whatever.. , My argument is this, That woman’: mental forces and wants are designed to have I free and harmonious exercise and grutitication- 4 while single her rights to this extent are conceded to her-‘-that marriage results from her mental constitution, and is necessary to her happiness, so that she has a right to live in the married etate; having such right she can demand its enjoyment, without the surrender of any other right incident to her nature-eittce no one proper nntnrnl want is u) be answered It the expense of tanuIltrl"r denial; and us woman no more requires the married state for her happiness thunsho demands that full scope and ex- ercise be givrnto the various powers of her nalttrit, it can- not be cldtrnrd that she must surrender any of her natural rights upon entering into the married state. ‘ v ; Sh: follows not less than man the great law of her na- nature when the “pursues her own d substanuul happiness " By the laws of her organization the has the utcts ; hie imliolc unbonitbcbi -Qfontintnit I uni; "J.‘w1Nciirisi‘r:ti. irui3Lisitit:it’..l "3 '',‘i'’v ’ A‘ ‘is ontsl" " r I . I3 PEIVANNUM. - ' fi .‘KbVttn1.t: Nllhtt!l-‘.lt- 49.‘ just‘! Princes acquire domain, power and wealth, by con- qttwt-why shouldst not thou, one of Creution’a lordu,havI thy plunder forthy pains! ,. ‘ " ‘ , ‘ . I us now examine the institution of marriage is re- Qozttized by the Common Law, and the legal rights and rela-; tions ofhusbund and wife. -‘ v ' ‘ ‘ < mnnial utale is left entirely [tr lhP ecclesiastical unlawful marriage In a tin but merely Iii a civil t'nconrtri- , mice. ‘ ' ' ’ ' . . - ‘ law concerning marriage. It is this idea of marriage being f‘d rgtrye ‘civil conlract ” that leads or: to much absurdity and HJJIISIIOC. This species ofcantrnct in generalrelzteuto matters nfprrvperty. It is an agreenit-nt by which one per- ‘ son, at the solicitation of another, unilrrtalies to do or to , abstain from doing some ttct, which done ur Itirtiiinrd front, will benefit the prornineee in his estate and property: the 5 violatiutt of which by the prominent, is regarded in a civil "T032. '0 be stoned for by the payment of money so dun- agts. =IIence the action fora breach of prnmisrof mar-‘ - "We. A man and woman “ contract” to marrvt lliir the law regards as “ I fair biiainesstraneaction." The min rc- Ilerc is the nrst grand errtirof litEiBl‘ll.itill nHidi'VAI'I‘lil’VfiClIl can rue him in A court of law, and recnvrr n camp.-r,.ntiun ‘"’"“‘"5)' as damages for the breach uf cottlrrirt. lilll the ‘ woman refuses to perform her agreement; tli-n uh: mm “WY sue er an recover it ltttltlprnlnlinn in money. 1" “II 013,63“ H was contended that the man could act, , have In action for the breach of the Itiattittut-. t:t)ltlrncl,f"I' the rnsnn that marriage was of no ndvnttlnne to him. and same facuilirs and wants as man, an they demand the "same exercise and gratification, Her rights have there- fore the same origin and extent as his own. New I su - -ose lhuve established, in my introductory discoursmiliat man surrenders not a solitary natural right, when, by yield ing to the lturntoriious denian of all htsintellecturil forces, he enters the social slate, and ta1.'qllit‘t-ccs in the proper in; stittttione of government. Why then should woman, by yielding to a like general demand of her nature, and enter- ing the married state. he required to surrender any of her natural rightat Let it be boruein mind that the state ot marriage is not more demanded by woman's nature than by man‘: , It is as necessary to his his pinem asto her olu-ti. tie is in an unnaturalcondition out otwt-.dluclt. In botlitt is the voice or nature that pronounces them to be “husband and wi e ” , Ilc surrenders not’ a ‘sin-vle right when sum nitmed by this voice to the altar o Ilynien-but walks erect in all the dignity of his nalul’e,Ilte stern and tmmtttur h e man; takrlh the vow, and goetlt TONI '"'d‘V95"d "i any of the rights of humanity. While slieiwlw W"-1‘ (""5 in pride returns in humility.‘ she who was w00Cd- 5)’ ‘M bended knee of shnptiant man. to-rh crammed to obey that man now proudly claiming to be herdol’ . She who went fortli In intelligentmorul beiugr0b'd"“'."“i,y"’ 31" “H "i Hcuvzn, returns the creitute of mBn‘I.WIl1-hating "M5- 'ianceto im. 2-‘ . . r, , 5, - ‘, ". ferggg iii:-salileifire his equal-she is1tow his inferior. ' She existed before Is is distinct ‘moral being, full of rights and baunden by duties; that existence is now .merged,tu her husband-and in the eye of the‘ law she [exists not at Ill‘ But from her legal tomb he gains‘ an accession of power, ',,,g,,,,y ma rights. ' IIet' submission exalts the ‘throne. of his poweriiher legal insignificance elevates his dignity, and her last rights are appropriate to himself. The law allows him to exact her obedience, and to compel it by ap- propriate chastisement and restraint. ,, It confers upon him her estate-every body known that the dead cannot keep their property:-and the wife is legally dead...She therefore exchanges her freedom of will, her moral dignity Ind her worldly estate, for that most uiiceriiinestaie, a man-upon whom she can lavish her amctions,‘ and, by looliing upward to him with euflicient awe and reverence, can call into com. pltle uercisl herveneration and her rvonderl Well is it liar the aggressor that the aggrieved was made for love rather than for war,rnr he wo ‘ ‘ i-ell-dt-ft-nee. No'm:iu asks of his fellow, no nation de mands of another, any lilie concession of rights, when the clnefs! friendship springs up between them. l The honor belongs to English and American lnwgivere, of having dis- covered the class of human beings which will endure'Ihe greatest deprivation of rights, with the least effectual resist- ance.’ Doubtlesr it is a valurous thing to conquer wnmun, and " to the victtir belong the epuils of the vanqni.-had I'’ Go forth, valiant SIxnnl not frowning like Mars-but wilh ti countenance clothed with smiles; not breathing dr- slruclion, but the soft whispers of gentle love-, subdue ,thI h-tirt of fair, cnnliding woman. and the law shall loud you with rpnilal ‘ Gain her affections, and you shall not be: In- tioy-d with her rtinral dignity; obtain her hnnd,Ind you t-h-ill have her purse Ilsa. r Let not the characteristic for the (ma vors you. Let notyour Irnre of there fore he could have no damages. . But the Court over- ruled this urgunicnt, and gave the injured man his remedy .0. , V J , . . , . But lsee not on what principle this decision can be rus- tatned, if marriage in to be regarded In I more civil con- < tract, and you look to itI breach as I ground for awIrdittg - pecuniary damages to the llpftlved-Itnletuz it nppui-a that the fair defatilterpo-eased it fartunn. For Iutntild inquire, V uch oriey can I mun make of the martiuze can. tract in cases where the uife brings no fortune ‘ If he sus- twins no pecuniary loss he might not to have any pecuniary sutisfiiction. But i the delinquent wt-mun purpose I fur. ,lIltlP,‘Il'ltIEmHCi) us the llIW gives it to the hiulmnrl upon the marriage, we cIn perceive, if i-he will not murry hint, that he Nlstatltl dtimugn to the amount of her fttrlurte-legs hu- . ought to award it to him! The default of an heiress, would he a snug little profit to the broken hearted innih"'' ‘ crl C .“.'0“1 d-s-my by the concentration of all his faculties, sen- lItI‘liI4l!,'Il-Id Itfrctioiis, in the work If devoted love! shall he be willing toxlay down his life ft)‘ ' part with Ill,other brin the wife of hisbomm. , ‘ I , If so-is this to be written on parizlimerit like I cornrnoit ‘-7 deed-to beset forth in legal pleadings-read aloud to vul. gar ctowde nxopeu courts-Ind to he made the subject or. P‘C‘"“'“Y, fmfnallnnl “A civil contract!" Say riither that marriage is the holiest ordinance of the Creator‘: law; human sentinientsa-and human tongiio.j ‘ . - Ltis this idea of ‘mania e bein I civil eontructvr ’ enables thl husband to przosecutegfor the highest infriiiiw: ment of the muritul rights, Ind to recover nyrncy ., d,,,.,!,I, ea ainst the r-tfender-I mode nfrrdrrss which I hope I sufircienily condemned in I former diecouse. And yet the law which regards this rnirluul contract between liiis. hand and wile dot-I not it e the wife any damttgrp for m, . violation ofit by the httsbund, eitherns against him or up. person with whom he commits the wrong, Anulhrr K10,’ tor Ibtal “ perfection olhumnn reason," If you discard the notmi of marriage tract, the Iclion for the breach of t e marriage prom... would not be retiitned-‘but such breach would be rrgardtld he I moral offence, as it truly is-and it would be puniilu. “"9 "'Ci‘- ’ T ' ‘"0"! doer would be stigmatised u I vtiminel-.="."“=’WlW W iniumi iii. huippineca at‘. l‘“"'‘“ b‘'"ll "‘ ‘ V"! hiah degree, for which no atonement =‘’“‘‘ “d 7“ = 19 money. but only by condign punieh- '“"“ "‘. 9”‘ Klmcruce. The purtiettthen would not so Oil?“ Pride themselves ttpnn a violation of pliphtedvr Ire incapable of utterance by the -1: btittg I civil con- nnd indulgence in fnlsehontl Ind bad faith, wnw be called “ triliing" withjiim V‘ an a er" - ...a. .- mndeety oftyour nature depress the erwgits ot'.yt.tur%i,t:l, ' v v".”,....- rri-w r Ilutwhile the law--h (upon prliziu ’ .r ,,e I V“ civil cnntractt", A contract to do vi-liatt Has it n ' trt, law. iii. temporal court: not having juriedicticn to consider , t r her happinese,Ind to a ' . cs. all other pocsersioni, sooner than ; r - 5 . . 1 - s ‘"9010 nerfurm his pnrtotiliu contract; this rrlusnl in u ‘ .‘ breach of I‘DnlYlCl--I civil tr-yury-and the hpgrievrd party v ,- rusonuble support out of it-and our most rizhlroun law. ‘ ' g-‘oiirinw,"sayssirwiiiianitsiacimone,--nnniidmmin, v V rtage in no other light than as it civil conlratl. The halirtlsl , of the marri 3 -that its obligations are felt in the highest irapulsu of the . ' I