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1 Legal Condition of Women in Massachusetts in 1875 1875

handle is hein.beal/legcdi0001 and id is 1 raw text is: 







  . CONDI[




IN MASSA


                   IN




   BY lION. SAM


      This little tract was originally prepared in
    .18    A revise-d edition was issued in 1S 0,
    gontaining notices of the changes in the laws
       re Lprd to women, which had  been made
       ce llwv& Statutes since passed render it
       ssary  to embody  in a new  edition still
     her   and im  rtant changes.
     )`fy objcc-t, r. the following pages, is to
     y esent an outline of the laws of M asaachu-
     setts affecting women, as distinguished from
     men, with occasional comments. The law of
   this Commonwealth,  however, is so like that
   of most of  the States, that the greater part
   of  what I write will apply to many of the
   others.
     Nothing more  than a mere sketch, and that
   an imperfect one, is  sible within the limits
   that I     propose. I a aim to present the
   n=:   Important  features of  the  system;
   though even  of these many of the qualifica-
   tions, distinctions and exceptions, will be
   necessarily passed without notice. A large
   and instructive volume in regard to the sub-
   Ject might be written.
     Most people have a   nerr.l idea of the le-
   gi disaosities of the female sex. But ve r
   few, except lawyer, understand, in their Rtll
   extent, the aunoyance and oppression to which
   our  ssm  subjects women, until some hard
   case       their attention to a peculiar form
   of this injustice.
   The   Delaration of Indepedene  prodaims
   t~4t all men are created equal and have
   Iiallenable rights. We all admit this. And
   tis cocedej  that the word men  here in-
   cludes pereons of both sexes, and the word
   equal  means equality of rights, not of ca-

   WL       efforson wrote tbhee -'ors, which
   have been cited my  tisousands of times, and
   ar  ': worth citing, he was, no doubt, far
   firme tinking of all the applications of the
   terUh he was publishin.
   The  Constitution of Massachusetts, follow-
   ing the Declaration. says, All men are bored
   ree asd equal,' and have unalienable I;ghts.
   T6e  Constitutio. of Massai+chett. denie
   Suffrage to Woman, an$ Ulns is inconsisWt  
   th itself. and also violatee the great prini-
 p   of the Declaration of Independenoe, the
 wganic  law of the nation, by giving man a
          h and  rivilege, and refusing th'j 
..º    _   SiIS      to them as his eqiual.
                     d o1ehmm m is se ag.tse- t
 '1    tinn  dkee  to vemsa,  since
 'in 0 S....L as doszb1, Ua
      t               3eir other wu


TiON OF OMEN 04


ACHUSETTS






            .                                            rw m
GEL E. SHW VL.



    This refusal of the ballot perpetuates the
  stigma of inferiority on more than one half of
  the whole population of the State. The effect
  is obvious. We  look upon the ballot as one
  of the great educators of male citizens, be-
  cause it interests them in public affairs, and
  leads them to consider and discuss important
  questions of legislation. OurConstitution not
  only shuts out this great avenue of edueati:,n
  from our female citizens, but the legal inferi-
  ority tends in every direction to produce the
  mental inferiority which it presupposes. It
  cramps thought, and paralyzes effort.
  The   secondary effects of this Inferiority are
  equally if not more disastrous. Aden fall short
  of the high character which would be infused
  into them through the superior moral and in-
  tellectual power which women would acq uire
  in consequence of gaining the great franchise.
  Our legislation is degraded, and ouaesociet
  debased, because the two sex do not assoc
  ate as equals in the most important business
  of the nation.
  It is hardly necessary to add, that to de rive
  any class of p rsons who pay taxes of the
  right of voting, violates the principle for which
  our fathers contended during the revolution,
  that taxation without represemaition is tyran-
ny.  Thousands  of women  pay taxes inMa,..
sachusetts, some of them very large ones. In
1871, women  paid nearly two million dollars
of the sums  raised by taxation on real and
peronal property in iies and towns in Mas-
sachusetts, being vey nearly one eleventh of
the whole  amount  assessed. In Boston, In
1873, women   paid nearly thirteen hundred
thousand dollars of the taxes levied be '!u
city, being morm than one tmnth of tiw ..hole
a.,uIAnL*  get women  have no voice in di-
recting the appropriation of their money, '
compelled to submit toenactments from %,aich
their moral instinct rs'olts, and have no pow-
er to urge effecrally refarms which they be-
leve to be all-important. Since women are
'i: allowed to vote they are generally con-
.4dered ineligible to any public ofce, and in-
  pable of holding any by appointment of the
governor.  I am far from assenting to this
view of the law; for, in my opinion, an ld
on, even an alien or a woman, is legally ca-
able of holding any office, unless expressly
rohibited by the Constitution er .itrtates.
 WHilam, t flow4ttct, aut., hao 1sa. I. ,LKae
a     ssm. It Is full of ,aluab.l lai.,rt.al Ned bs-
ducal esor W  aon  the saJs.A, wIth as as
-                  oe wtad by afv asseratss at w

                                         U5*


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