"Blackstone's declaration respecting the civil death of married women haunted many other outstanding leaders in the woman movement of the middle period. Although Matilda Joslyn Gage tried to meet it by a curious display of logic, she regarded it as a statement of the law. "After marriage," she declared in 1852, "the husband and wife are considered as one person in law, which I hold to be false from the very laws applicable to married parties. Were it so, the act of one would be as binding as the act of the other;...were it so, a woman could not legally be a man's inferior. Such a thing would be a veritable impossibility. One-half of a person cannot be made the protection or direction of the other half. Blackstone says 'a woman may indeed be attorney for her husband, for that implies no separation from, but rather a representation of, her lord. And a husband may also bequeath anything to his wife by will; for it cannot take effect till the coverture is determined by his death." After stating at considerable length the reasons showing their unity, the learned commentator proceeds to cut the knot, and show they are not one, but are considered as two persons, one superior, the one inferior, and not only so, but the inferior in the eye of the law as acting from compulsion"...At the Woman's Rights Convention held in Syracuse the following year, 1853, Mrs. Gage recurred to the subject and spoke as if equity and legislation had made no changes in the "disabilities" of married women at common law. She affirmed that "the legal disabilities of women" are numerous; that they are only known to those who bear them; that they "are acknowledged by Kent, Story, and many other legal authorities." Without directing attention to those pages of Kent and Story which set forth at length the equitable principles by which common-law rules could be and often were nullified, Mrs. Gage went on with her oration: "A wife has no management in the joint earnings of herself and her husband; they are entirely under control of the husband, who is obliged to furnish the wife merely the common necessaries of life; all that she receives beyond these is looked upon by the law as a favor, and not held as her right. A mother is denied the custody of her own child; a most barbarous and unjust law, which robs her of the child placed in her care by the great Creator himself. A widow is allowed the use merely of one-third of the real estate left at the husband's death; and when her minor children have grown up she must surrender the personal property, even to the family Bible, and the pictures of her dear children. In view of such laws the women engaged in this movement ask that the wife shall be made heir to the husband to the same extent that he is now her heir...."The present law of divorce is very unjust; the husband, whether the innocent or the guilty party, retaining all the wife's property, has also the control of the children unless by special decree of the court they are assigned to the mother." For the gentle Quaker, Lucretia Mott, one of the most persuasive American women of her time, Blackstone was no less an unquestioned authority than he was for Mrs. Stanton and Mrs. Gage. After hearing Richard H. Dana deliver a lecture in 1849 ridiculing "the new demand of American womanhood for civil and political rights," Mrs. Mott also delivered a lecture, in reply to the Boston orator."
January 1, 1970
https://en.wikiquote.org/wiki/William_Blackstone