Price.] 322 [January. 



ethics of the Judiciary are perfect, and their rule inexorably applied. 

 No man can successfully assert a claim in a court of justice through 

 a wrong, or gain a case that is against sound public policy, or is in- 

 fected by the taint of immorality. 



While the law encourages marriages, its policy is not to encourage 

 thriftless and unhappy marriages. These do not attain its desire any 

 more than that of the parties concerned. It should be its policy, and 

 the present improving public opinion that will in the future dictate 

 its poli(jy is, that women shall so share in industrial pursuits, that 

 those single may both feel and be so independent as not to feel co- 

 erced, by circumstances, into unsuitable or improvident marriages. 

 To this end the philanthropy of our age and country is largely engaged. 

 The result will naturally be, that by making women more indepen- 

 dent in character and circumstances, they will not only be rescued 

 from a temptation to err, but be rescued from the dreary inanity of 

 want of occupation, and become objects more worthy to be made, 

 therefore more sure to be made, honored companions in lawful wed- 

 lock. 



The common law of England was so much founded in a feudal and 

 military policy, and in the necessity of a single head to represent the 

 rights and duties of the family, that the legal existence of the wife 

 was considered as merged in that of the husband. In the law they 

 were one person, so that if lands were conveyed to husband and wife 

 and their heirs, the survivor, as the continuation of that person, had 

 the fee. By marriage the husband had an estate in the wife's lands 

 as long as both lived, and if they had issue, he had a life estate, to 

 continue after her decease, by the curtesy of England; and by mar- 

 riage he became owner of her personal property. All this has been 

 defended and maintained down to a recent date, as requisite to the 

 necessary authority to be maintained in the head for the welfare of 

 the family; but it assumes that the wife could not be trusted to exer- 

 cise a sound discretion, or possess that affectionate interest in the 

 welfare of all the members of her family, to induce her to make a 

 wise disposition of her revenues for their common advantage and ad- 

 vancement. There are many instances where such distrust will be 

 justified, but they are the instances to be avoided by wise and dis- 

 creetmen, who are seeking the wife to be the mother of their children. 

 As the rule, it may be assumed that the wife and mother will be ever 

 ready to give her income for the family wants, and is often but too 

 ready to yield the capital also. The vicissitudes of business are 

 such that it often occurs that the wife's property affords the happily 



