Legal Status of Women in Iowa

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lating to married women, the mutual duties of husband and wife, their property rights and the care and custody of children, w

an

on of women, has brought about great changes in these laws, until they are in many instances almost entirely superseded by statutory enactments more in accordance with the spirit of justice and in grea

of sta

ts so far as it has been "applicable to the habits and conditions of our society and in harmony with the genius, spirit and objects of our institutions." As it became apparent from time to time that it was not thus applicable, or where

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called the age of consent, or discretion, and a marriage contracted prior to this time was inchoate only, and might be repudiated by either party upon arriving at the legal age. If one of the parties was above and the other u

const

d by statute for the celebration of marriages, and the penalties imposed upon clergymen and others who married those who had not complied with these formalities, were solely for the purpose o

ion of m

t, or, in this country after the declaration of independence, by act of legislature. No absolute divorce could be gr

n of marr

on est juris, sed sub potestate viri, "a wife is not her own mistress, but is under the power of her husband," is but an expression o

lly

dated into that of her husband. From the time her identity became thus merged, she was presumed by the law to be under the protection an

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that period. Like many another law having its inception in a sincere desire to secure the greatest good to the greatest number, and apparently necessary for that purpose at the period of social d

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case of gross misbehavior, or by giving her moderate chastisement in the same degree that he might administer correction to his children. An early decision of one of our s

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to the other without the intervention of a third party. The wife was incapable of receiving a legacy unless it was willed to another person

ower to

ld she make her husband liable for any debt or contract, except for necessaries. These, the husband was und

se of

ut only when examined separately she acknowledged that the conv

s ear

were living apart. They could be subjected to the payment of his debts, by his creditors, and if he died without a will they descended to his heirs as other personal property. They were not considered t

onveyance

ty, nor could she devise her personal propert

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ased her refusal, she was guilty of desertion. A promise by the husband before marriage as to the establishment of the place of residence of the family, created a moral obligation only and was a mere nullity in law. Whenever there was a difference of opinion between husband and wife in reg

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s a witness to testify either for or aga

tled to soci

leave him or live separate from him. If injuries were wrongfully inflicted upon her, two actions might be brought against the party responsible for the wrong, one by hu

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it. A judgment recovered against her alone was void, because she was unknown to the la

as ex

to enable a married woman to act as exe

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tial contracts. He was liable for all of her debts contracted before marriage, and this was the case, though he may have received no property with her. He was responsible for certain wrongs committed by her after marriage, such as libel and slander, and judgment could be re

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remain forty days in his house, during which time her dower mig

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Blackstone that "a mother, as such, is entitled to no power, but only to reverence and respect." He might by will appoint a guardian for th

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own by the term "paraphernalia," belonged to the husband. Wife's paraphernalia During his life he had the power to sell or give them away, but he could not devise them by will. If they remained in the possession of the wife w

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d be taken for his debts. He might bequeath them by will, but if he died without a will they descended to his heirs. If he failed to reduce them to possession while the wife lived, after his death they would

operty

e by curtsy. The wife took a dower, or life estate in one-third of the husband's lands after his death, whether there were children or not. This estate of Dower. dower was forfeited should the husband be found guilty of treason, but his interest in her lands was not disturbed by the treason of the wife. His life interest in her real

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s in equal shares, but the oldest son was entit

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the state she possessed a separate and distinct life and personalty, for the purposes of punishment. It is true that she was still inferior and this distinction was recogniz

burglar

or treason, and it might always be overcome by proof that she acted independently. Presumption of innocence. The exception in cases of murder or treason, we are informed, was not alone because of the magnitude of the crimes, b

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d he could read, but women were denied all benefit of clergy because of their sex, and because they "were not called upon to read." Murder of husband. If a wife kill

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he sex of the criminal, men being sentenced to be dra

, bigam

hile women might receive sentence of death and be executed for the first offense. Later the law was changed so that in cases of simple larceny under the value of ten shillings, they might be burned i

y and s

ut the woman, who might be wronged, had no right of action for the injury to herself, and the State did not recognize any wrong to society by an injury to the person of one who

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ts and liberties, among which was the right of the wife to dower in her husband's property, denied to women the right of appeal except in case of the death of t

r the most part intended for her protection and benefit, and he ad

or discr

y spirit of injustice or intentional tyranny, or of any desire on the part of men to oppress women or impose upon them any hardship or burden because of their physical weakness, is not at all probable. They were merely the outgrowth of the conditions incident to ruder stages of social

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