He could squander it in dissipation or bestow it upon
harlots, and the wife could not touch or interfere with it. Prior to
1860, the husband could by will take the custody of his infant children
away from the surviving mother, and give it to whom he pleased--and he
could in like manner dispose of the control of the children's property,
after his death, during their minority, without the mother's consent.
In most of these respects the state of the law has undergone great
changes within the last 25 years. The property, real and personal, which
a woman possesses before marriage, and such as may be given to her
during coverture, remains her own, and is free from the control of her
husband.
If a married woman is slandered she can prosecute in her own name the
slanderer, and recover to her own use damages for the injury.
The mother now has an equal claim with the father to the custody of
their minor children, and in case of controversy on the subject, courts
may award the custody to either in their discretion.
The husband cannot now by will effectually appoint a guardian for his
infant children without the consent of the mother, if living.
These are certainly great ameliorations of the law; but how have they
been produced? Mainly as the result of the exertions of a few heroic
women, one of the foremost of whom is her who stands arraigned as a
criminal before this Court to-day.
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