The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Textual Introduction
• Public and Parliamentary Speeches 1850–1873
• November 1850 to July 1865
• 1.: Secular Education After 4 November, 1850?
• 2.: Cooperation 28 March, 1864
• 3.: Corruption At Elections 4 April, 1864
• 4.: Hare’s Plan For the Metropolis 10 April, 1865
• 5.: The Westminster Election of 1865 [1] 3 July, 1865
• 6.: The Westminster Election of 1865 [2] 5 July, 1865
• 7.: The Westminster Election of 1865 [3] 6 July, 1865
• 8.: The Westminster Election of 1865 [4] 8 July, 1865
• 9.: The Westminster Election of 1865 [5] 10 July, 1865
• 10.: The Westminster Election of 1865 [6] 10 July, 1865
• 11.: The Westminster Election of 1865 [7] 12 July, 1865
• February to August 1866:
• 12. The Cattle Diseases Bill [1] 14 February, 1866
• 13.: The Cattle Diseases Bill [2] 16 February, 1866
• 14.: Suspension of Habeas Corpus In Ireland 17 February, 1866
• 15.: Representation of the People [1] 12 April, 1866
• 16.: Representation of the People [2] 13 April, 1866
• 17.: Representation of the People [3] 16 April, 1866
• 18.: The Malt Duty 17 April, 1866
• 19.: Inclosure of Hainault Forest 25 April, 1866
• 20.: Representation of the People [4] 26 April, 1866
• 21.: Chichester Fortescue’s Land Bill 17 May, 1866
• 22.: Representation of the People [5] 31 May, 1866
• 23.: The Ministerial Crisis 23 June, 1866
• 24.: The Jamaica Committee 9 July, 1866
• 25.: Electoral Franchise For Women 17 July, 1866
• 26.: The Disturbances In Jamaica [1] 19 July, 1866
• 27.: The Reform Meeting In Hyde Park [1] 19 July, 1866
• 28.: W.e. Gladstone [1] 21 July, 1866
• 29.: The Reform Meeting In Hyde Park [2] 24 July, 1866
• 30.: The Value of Land 25 July, 1866
• 31.: The Reform Meeting In Hyde Park [3] 26 July, 1866
• 32.: The Reform Meeting In Hyde Park [4] 30 July, 1866
• 33.: The Disturbances In Jamaica [2] 31 July, 1866
• 34.: The Reform Meeting In Hyde Park [5] 2 August, 1866
• 35.: Public Health 2 August, 1866
• 36.: The Extradition Treaties Act [1] 3 August, 1866
• 37.: The Extradition Treaties Act [2] 4 August, 1866
• 38.: The Naval Dockyards 4 August, 1866
• 39.: The Extradition Treaties Act [3] 6 August, 1866
• 40.: The Disturbances In Jamaica [3] 10 August, 1866
• 41.: The Lord Chief Baron 10 August, 1866
• February to August 1867
• 42.: Political Progress 4 February, 1867
• 43.: Goldwin Smith 4 February, 1867
• 44.: The Royal Commission On Trades’ Unions 15 February, 1867
• 45.: The Metropolitan Poor Bill [1] 8 March, 1867
• 46.: The Straits Settlements 8 March, 1867
• 47.: The Metropolitan Poor Bill [2] 8 March, 1867
• 48.: The Metropolitan Poor Bill [3] 11 March, 1867
• 49.: The Metropolitan Poor Bill [4] 14 March, 1867
• 50.: The Reform Bill [1] 8 April, 1867
• 51.: Trades Unions 10 April, 1867
• 52.: The Reform Bill [2] 11 April, 1867
• 53.: The Reform Bill [3] 9 May, 1867
• 54.: The Reform Bill [4] 17 May, 1867
• 55.: The Admission of Women to the Electoral Franchise 20 May, 1867
• 56.: The Municipal Corporations Bill 21 May, 1867
• 57.: The Fenian Convicts 25 May, 1867
• 58.: Reform of Parliament 25 May, 1867
• 59.: The Reform Bill [5] 27 May, 1867
• 60.: Personal Representation 30 May, 1867
• 61.: The Bankruptcy Acts Repeal Bill 4 June, 1867
• 62.: Petition Concerning the Fenians 14 June, 1867
• 63.: The Sunday Lectures Bill 19 June, 1867
• 64.: The Libel Bill 25 June, 1867
• 65.: The Reform Bill [6] 27 June, 1867
• 66.: Redistribution 28 June, 1867
• 67.: William Lloyd Garrison 29 June, 1867
• 68.: Martial Law 2 July, 1867
• 69.: The Reform Bill [7] 4 July, 1867
• 70.: Tancred’s Charity Bill 4 July, 1867
• 71.: The Reform Bill [8] 5 July, 1867
• 72.: The Case of Fulford and Wellstead 5 July, 1867
• 73.: The Reform Bill [9] 15 July, 1867
• 74.: Commodore Wiseman and the Turkish Navy [1] 16 July, 1867
• 75.: Commodore Wiseman and the Turkish Navy [2] 22 July, 1867
• 76.: Meetings In Royal Parks [1] 22 July, 1867
• 77.: Public Education 29 July, 1867
• 78.: The Courts-martial In Jamaica 1 August, 1867
• 79.: Meeting In the Tea-room of the House of Commons 2 August, 1867
• 80.: England’s Danger Through the Suppression of Her Maritime Power 5 August, 1867
• 81.: The Extradition Treaties Act [4] 6 August, 1867
• 82.: The Metropolitan Government Bill 7 August, 1867
• 83.: The Reform Bill [10] 8 August, 1867
• 84.: East India Revenue 12 August, 1867
• 85.: Meetings In Royal Parks [2] 13 August, 1867
• February to November 1868
• 86.: Proportional Representation and Redistribution 29 February, 1868
• 87.: The Alabama Claims 6 March, 1868
• 88.: The State of Ireland 12 March, 1868
• 89.: Election Petitions and Corrupt Practices At Elections [1] 26 March, 1868
• 90.: Election Petitions and Corrupt Practices At Elections [2] 2 April, 1868
• 91.: Procedure In the House: Amendments 21 April, 1868
• 92.: Capital Punishment 21 April, 1868
• 93.: The Municipal Corporations (metropolis) Bill [1] 5 May, 1868
• 94.: The Established Church In Ireland 7 May, 1868
• 95.: Local Charges On Real Property 12 May, 1868
• 96.: Election Petitions and Corrupt Practices At Elections [3] 21 May, 1868
• 97.: Representation of the People (scotland) [1] 28 May, 1868
• 98.: Representation of the People (scotland) [2] 8 June, 1868
• 99.: Married Women’s Property 10 June, 1868
• 100.: Registration of Publication 12 June, 1868
• 101.: Representation of the People (ireland) 15 June, 1868
• 102.: The Government of India Bill [1] 15 June, 1868
• 103.: Lodger Registration 15 June, 1868
• 104.: Public Schools [1] 16 June, 1868
• 105.: The Municipal Corporations (metropolis) Bill [2] 17 June, 1868
• 106.: The Government of India Bill [2] 22 June, 1868
• 107.: Public Schools [2] 23 June, 1868
• 108.: The Sea-fisheries (ireland) Bill 24 June, 1868
• 109.: Election Petitions and Corrupt Practices At Elections [4] 25 June, 1868
• 110.: The Municipal Corporations (metropolis) Bill [3] 30 June, 1868
• 111.: Election Petitions and Corrupt Practices At Elections [5] 6 July, 1868
• 112.: Public Schools [3] 7 July, 1868
• 113.: Supply—post Office 7 July, 1868
• 114.: The Government of India Bill [3] 8 July, 1868
• 115.: Election Petitions and Corrupt Practices At Elections [6] 10 July, 1868
• 116.: Election Petitions and Corrupt Practices At Elections [7] 14 July, 1868
• 117.: The Fenian Prisoners [1] 16 July, 1868
• 118.: Election Petitions and Corrupt Practices At Elections [8] 17 July, 1868
• 119.: Poor Relief [1] 17 July, 1868
• 120.: Election Petitions and Corrupt Practices At Elections [9] 18 July, 1868
• 121.: Imprisonment For Costs On a Dismissed Charge [1] 21 July, 1868
• 122.: The Fenian Prisoners [2] 21 July, 1868
• 123.: Election Petitions and Corrupt Practices At Elections [10] 22 July, 1868
• 124.: The Westminster Election of 1868 [1] 22 July, 1868
• 125.: Election Petitions and Corrupt Practices At Elections [11] 23 July, 1868
• 126.: Election Petitions and Corrupt Practices At Elections [12] 24 July, 1868
• 127.: Smoking In Railway Carriages [1] 24 July, 1868
• 128.: The Westminster Election of 1868 [2] 24 July, 1868
• 129.: The Metropolitan Foreign Cattle Market 25 July, 1868
• 130.: Smoking In Railway Carriages [2] 25 July, 1868
• 131.: Imprisonment For Costs On a Dismissed Charge [2] 27 July, 1868
• 132.: Poor Relief [2] 27 July, 1868
• 133.: The Westminster Election of 1868 [3] 2 November, 1868
• 134.: The Westminster Election of 1868 [4] 4 November, 1868
• 135.: The Westminster Election of 1868 [5] 6 November, 1868
• 136.: The Westminster Election of 1868 [6] 9 November, 1868
• 137.: Fawcett For Brighton 10 November, 1868
• 138.: The Westminster Election of 1868 [7] 11 November, 1868
• 139.: The Westminster Election of 1868 [8] 13 November, 1868
• 140.: W.e. Gladstone [2] 14 November, 1868
• 141.: The Westminster Election of 1868 [9] 16 November, 1868
• 142.: The Westminster Election of 1868 [10] 18 November, 1868

99.

Married Women’s Property

10 JUNE, 1868

^aperhaps, sir, those^a who, like myself, ^bthink that women can never hope that the laws and customs of society will do them full justice unless they are admitted to participate in political rights, ought, perhaps, to wish that the House would reject^b this Bill, because ^cit is quite certain that^c its rejection would give a most extraordinary impulse to the movement, which has lately made so much progress, for giving the suffrage to women. (Hear, hear.) I wish, however, that my sex should have the credit of giving up unjust ^dand impolitic privileges before they are brought under the influence of other motives than their own good feelings^d . The debate has produced many gratifying expressions of opinion—the able and persuasive speech of my honourable friend the member for Manchester for example, and the logical and high-principled address of my right honourable friend the member for Calne.¹ (Hear, hear.) The honourable and learned member for Colchester^2ehas very truly said that his honourable friend the member for Reading³ is not the author of the Bill, but has adopted it from others, who, he seems to think, must be persons strongly prejudiced against the existing institutions of society^e. I regret that the learned gentleman has left the House, as I could have told him who some of those persons were. I do not think the learned gentleman can have been aware that among ^fthe persons whom he was condemning^f were those eminent socialists and revolutionists the present Secretaries of State for Foreign Affairs and for War.⁴ The noble lord (Lord Stanley), along with that eminent judge Sir Lawrence Peel,⁵ was a member of the committee of the Social Science Association which drew up the Bill, similar to this, formerly introduced by Sir Erskine Perry;⁶ and the right honourable baronet (Sir J.S. Pakington) took the chair at a public meeting for the same purpose.⁷ The learned gentleman is aware that ^ghe has against him the right honourable Recorder of London ,⁸ but attributes his absence to not being hearty in the cause. I wonder the learned gentleman does not know that the recorder is prevented from being present by the discharge of his judicial duties. His feelings on the subject are very strong, and, had he been present, he would probably have given the House his experience of the manner in which the law affects the women of the humbler classes. That conscientious and feeling judge might also have given the Attorney-General⁹ an insight into the working of the provisions of the Divorce Act,¹⁰ and how unreal and nominal an amount of protection has been given by that Act to the women of the humbler class. It does, indeed, allow married women to apply to the magistrate for protection to their earnings, but only in cases of desertion. Cases are, however, constantly occurring^gh, some within my own knowledge,^h in which the husband just avoids the amount of desertion which would justify the magistrate in giving protection to the wife. He stays away for a sufficient time to enable her to accumulate a small sum, and then he lives with her just long enough to squander it. As, however, the Attorney-General has expressed a willingness to extend and improve the operation of that Act,¹¹ I trust that he will himself introduce a Bill on the subject. (Hear, hear.) There has been, indeed, on the part of the Legislature a wonderful overlooking of the need of some similar protection. Even in cases where the words “to her separate use”¹² are introduced by the Court of Chancery for the wife’s protection, the sole effect of the words is that the trustees cannot pay the income of the settled property except upon the wife’s receipt. That is a perfect protection if the wife be living away from her husband, but if she be living with him the money immediately becomes the husband’s income, and he has a right to take it from her the moment she receives it. (Hear, hear.) ⁱA large portion of the inhabitants of this country are now in the anomalous position of having imposed on them, without their having done anything to deserve it, what we inflict as a penalty on the worst criminals. Like felons they are incapable of holding property. And the class of women who are in that position are married women, whom we profess a desire to surround with marks of honour and dignity.^ijMany people seem to think it impossible that two persons can live together in harmony^j unless one of them has absolute power over the other. This ^kmay have been the case in savage times, but we are advanced beyond the savage state; and I believe it is not found that civilized men or women cannot live with their brothers or with their sisters except on such terms, or that business cannot be successfully carried on unless one partner has the absolute mastery over the other. The family offers a type and a school of the relation of superiors and inferiors, exemplified in parents and children; it should also offer a type and a school of the relation of equality, exemplified in husband and wife. I am not insensible to the evils which husbands suffer from bad and unprincipled wives^k . Happily, the ^levils^l of slavery ^m(and I do not use the word in an invidious sense)^m extend to the slave-master as well as to the slave. But if we were endeavouring to invent a mode of giving to the wife the strongest possible motive to strain to the utmost her claims ⁿagainst the property of her husband, what step more effectual for this object could be taken than to enact that she should have no rights of her own, and should be entirely dependent upon what she can extract from the husband?ⁿ It is only by doing justice to women that we can hope to give them any moral feeling against encroaching on the rights of others. ^oIt is by remedying the injustice that married women now suffer that real harmony is to be introduced into the married state.^opWould the honourable Member for Colchester accept for himself exclusion from all rights of property, on condition that some one else should pay his debts, and make atonement for his wrongs?^p The Attorney-General adverted to what is certainly the weakest part of the Bill when he pointed out that, if the rights of husband and wife are to be equal, their obligations ought also to be equal, and if the Bill should go into committee it will be necessary to alter the clauses so as to establish an obligation equally on both parties.¹³ The Bill will no doubt require a great deal of consideration in committee, not so much with a view to the omission of some clauses as to the addition of others. No doubt it is true that many other ^qalterations of the law will be necessary; for when the law is founded on a bad principle much re-adjustment is necessitated by the adoption of a good one. But if it should please the House to refer the Bill to a Select Committee, there are honourable and learned Gentlemen on both sides of the House quite^q capable of proposing such ^radditions as would^r make the Bill work smoothly. (Hear.)

[The division on second reading was tied, and the Speaker voted “Aye” to allow further discussion (cols. 1376–8).]

[a-a]PD] P Those

[b-b]PD support the extension of political rights to women, should desire the rejection of

[c-c]+PD

[d-d]PD] P privileges voluntarily

[1 ]Jacob Bright, cols. 1360–4, and Robert Lowe, cols. 1364–7.

[2 ]Edward Kent Karslake (1820–92), cols. 1355–8.

[e-e]PD said with great truth that the real authors of the Bill are not present, and he seemed to think they must be persons in whose eyes any change in existing institutions must be an improvement

[3 ]Shaw-Lefevre, who had introduced the Bill, and later (cols. 1373–6) spoke to it.

[f-f]PD] P them

[4 ]Stanley and Pakington.

[5 ]Lawrence Peel (1799–1884) had been Chief Justice of Calcutta (1842–55) and a Director of the East India Company (from 1857) when Mill was Chief Examiner.

[6 ]Thomas Erskine Perry (1806–82), then M.P. for Devonport, Speech on the Married Women’s Property Bill (14 May, 1857), PD, 3rd ser., Vol. 145, cols. 266–74, introducing “A Bill to Amend the Law with Respect to the Property of Married Women,” 20 Victoria (14 May, 1857), PP, 1857, III.ii, 243–8 (not enacted).

[7 ]On 31 May, 1856; see “Property of Married Women,” The Times, 2 June, p. 5.

[g-g]PD the right honourable Recorder of London (Mr. Russell Gurney) is a supporter of the Bill, because his name is on the back of it; but he seems to think that Gentleman’s absence intentional, though, as a lawyer, it is strange he should not have known that the Recorder’s absence is caused by his presiding in his Court. That conscientious and feeling judge was very desirous of being present, and would, from his judicial experience, have put the House in possession of the real effects of the present law, and afforded to the Attorney General and the honourable Member for Colchester some information as to the true working of that power in the Divorce Act to which allusion has been made. It is only in cases of desertion that this power comes into exercise, and that the magistrate has power to make orders of protection; but cases are continually happening,

[8 ]Russell Gurney, like Mill, was a sponsor of the Bill.

[9 ]John Burgess Karslake.

[10 ]20 & 21 Victoria, c. 85 (1857).

[h-h]+PD

[11 ]Karslake, col. 1369.

[12 ]See Sect. 25 of 20 & 21 Victoria, c. 85.

[i-i]+PD

[j-j]PD It seems to be the opinion of those who oppose the measure that it is impossible for society to exist on a harmonious footing between two persons

[k-k]PD] P might be true whilst people were savages; but civilized men are able to live with their brothers, women with their sisters, and men with their sisters, without any such absolute power, and why not men with their wives? I am quite aware that men may suffer from bad wives, as well as women from bad husbands

[l-l]PD sufferings

[m-m]+P

[n-n]PD] P over her husband, it would be by giving her no rights of her own.

[o-o]+P

[p-p]+PD

[13 ]Karslake, col. 1369.

[q-q]PD] P parts of the law, having been adjusted to a bad principle, will require modification, in order to accommodate them to a good one. But a select committee, comprising able lawyers, will be perfectly

[r-r]PD alterations as will