Part 2 (1/2)

”It is one of the most absurd notions derived from eighteenth century enlightenment that in the beginning of society woman was the slave of man. Among all savages and barbarians of the lower and middle stages, sometimes even of the higher stage, women not only have freedom but are held in high esteem.”

In writing of the pairing family among the Iroquois, Arthur Wright says:

”As to their families, at a time when they still lived in their old long houses (communistic households of several families) ... a certain clan (gens) always reigned so that the women chose their husbands from other clans. The female part generally ruled the house; the provisions were held in common; but woe to the luckless husband or lover who was too indolent or too clumsy to contribute his share to the common stock. No matter how many children or how much private property he had in the house, he was liable at any moment to receive a hint to gather up his belongings and get out. And he could not dare to venture any resistance; the house was made too hot for him and he had no other choice but to return to his own clan or, as was mostly the case, to look for another wife in some other clan. The women were the dominating power in the clans and everywhere else.”

Bachofen discovered that in the communistic household, the supremacy of woman was caused by the fact that the women all belonged to the same gens while the men came from different gentes.

During this period the children belonged to the same gens as the mother and took her name. At this time man's tools and weapons were yet crude and they were his only possession. The woman owned the household goods and utensils, the value of which for the preservation and preparation of food was very great.

Bachofen has shown how women were strong factors in the demand for monogamy through this and the earlier periods.

Man learned to till the soil and to domesticate animals; he captured enemies from neighboring tribes and learned to make slaves instead of food of them. And the conqueror became a master, and the slave an instrument of production. It was the men who were lucky enough to be first to enslave the enemy, to acquire more precious metals and larger flocks, who evolved the state, to protect them against the commune, or the ma.s.s, in their owners.h.i.+p of private property.

At the death of the father his own children were disinherited, in the matriarchy. As increasing wealth strengthened the position of man, he began to desire to overthrow the old maternal law and to establish a new one that would permit inheritance in favor of his children. And so monogamy became the law, and descent was traced by male instead of female lineage. Engels says that ”the downfall of maternal law was the historic defeat of the female s.e.x.”

In order to insure the faithfulness of the wife, and the reliability of paternal lineage, the women were given absolutely into the power of the men. Husbands had power of life and death over their wives. In certain countries today it is only the man who can dissolve the marriage bonds and cast off his wife.

But gradually the old standards which were applied to men and women are changing. New laws are written on our statute books. Civil laws protecting male rule apply only to the wealthy cla.s.ses and their intercourse with the working cla.s.s. In s.e.x relations the sentiment, in America particularly, has swung around in favor of woman.

Undoubtedly her growing economic independence, arising from her ability to support herself in shop and factory, has had some influence on this social att.i.tude. Also, one can imagine the feelings of the tax-payers of a small community when the father of several small children deserted his wife and the expenses of supporting his family devolved upon them. It would call for little imagination to picture these respectable members of society scrambling to pa.s.s laws for the punishment of the errant one and to force him back to his wife and support-producing labor. But, basically, the legal favoritism which has arisen in the past thirty years in America, is probably due to a desire on the part of the employing cla.s.s to protect and make secure the mothers of children for the sake of the future labor supply. Only recently a great national reform body, dedicated to child welfare, declared frankly that there are ”no illegitimate” children; that the misdeeds of parents can remove nothing from the legality of birth and that unmarried mothers must be granted some legal status and a measure of economic security for the sake of the future supply of labor.

It is evident, whether due to one cause or to many, that the law, which usually protects those who possess bestowable favors, has gradually built up strong protective measures for women. Among the rich, men and women find protection for their property in the laws, according to the measure of their economic power, but among the wage working and middle cla.s.ses, woman occupies a privileged legal position.

As long as a husband possesses anything, his wife may be certain of support or an ”adequate” income at least. The husband may be punished for his lack of possessions, or his failure to produce an income.

THE MARRIAGE CONTRACT

Of course, every one knows that marriage is a legal contract; but whom does it bind? Certainly not the woman, nor any woman in America. For she may easily free herself and even divorce and penalize her husband if she is dissatisfied either with him or his earnings; or she may evade all the obligations she is supposed to meet, almost always with absolute impunity.

Whatever she may do or leave undone in the marriage relation, if it but be with sufficient pretense and discretion, in America, at least, the world and the courts absolve her from all blame.

If she be discreet, she may entertain lovers galore; she may refuse to perform any of the theoretical duties of the home; she may refuse to bear children or to surrender to her husband, without censure, and often without the knowledge of the world. If she be addicted to drunkenness, people will divine that her husband must have treated her brutally; if she be seen with other men, folks suspect that he neglects her.

If her husband seeks satisfaction for his desires elsewhere, she may divorce him and secure alimony; if he deserts her the law will return him to her side, if it can find him. If he fails to bring home the wherewithall to provide for her, she may have him sent to jail. If she discovers that he is getting the affection and the s.e.x life which she has denied him, outside of his home, and if she buys a revolver and murders him in cold blood, the jury will exonerate her.

If a wife deserts her husband and her children, the law does not make her a criminal; for wife abandonment, the husband is held criminally liable.

No matter what the offense of the woman, custom and public opinion demand that every ”decent” man permit his wife to accuse him on ”just grounds” and to secure the divorce and call on the law to force him to pay her alimony for the rest of their natural lives.

No matter what the provocation, legally or sentimentally, no man can be exonerated for killing a woman. No matter how little the provocation, legally or sentimentally, any woman may kill almost any man, and the jury will render a verdict of Not Guilty. She has only to say that he ”deceived her.”

A husband may become crippled or invalided and there is no law even suggesting that it is the duty of his wife to support him; most communities would lynch a man who neglected a sick or helpless wife, and the law would certainly deal most harshly with him. The law throws no safeguards about the man, to protect him against his wife's failure to live up to her theoretical marital obligations, to protect him when he is ill, or in the enjoyment of separate maintenance, alimony, or against non-support or abandonment.