Part 15 (1/2)

FINANCE AND DESERTION.

The _Pittsburg Sat.u.r.day Visiter_ began life with two subscribers, and in the second year reached six thousand, but was always a heavy drain on my income. My domestic duties made it impossible I could give any attention to the business department, and I was glad, at the close of the first year, to transfer a half interest to Mr. Riddle, who became equal partner and co-editor. At the end of the second year he proposed to buy my interest, unite the _Visiter_ with his weekly, and pay me a salary for editing a page.

Had the proposal been made directly to me, I should have accepted at once, but it was made through my brother-in-law, William Swisshelm, who had been clerk and business manager of the _Visiter_ for eighteen months. He advised me not to accept; said the paper was netting fifteen hundred a year, and that if I would retain my interest he would purchase Mr. Riddle's, get type, have all the work done in a separate establishment, and make it a decided success.

I was afraid of this arrangement, but was anxious to keep up the paper as a separate publication, and agreed on condition that he would a.s.sume the entire financial responsibility, keep my interest at Mr. Riddle's valuation, and leave me no further risk than my services. If there were profits, we would share them; if none, I got no pay, as usual, but sunk no money. To make the changes he desired, I loaned him money until I had most of my small estate invested, and supposed the paper was prospering until suddenly informed that the sheriff was about to sell it. We transferred it to Mr. Riddle, with my services two years in advance, to pay the debts, and I wrote for the New York _Tribune_, at five dollars a column, to meet my personal expenses, as my income from my property was gone.

I forget at what time the _Visiter_ was united to the weekly _Journal;_ but very soon after the presidential campaign of '52, I learned that my late partner had endorsed several notes which were not likely to be paid by the persons who gave them, and that one of these was already entered as a lien against his interest in the family estate. We had had no settlement, so I went to my lawyer, William M. s.h.i.+nn, who said that the entire interest of my debtor in his father's will was worth less than my claim since his death, without heirs, before his mother transferred his share to the other heirs. He advised me, if possible, to get a deed of that share as the only security for which I could hope. I directed him to prepare it, went immediately to the office, saw my late partner, and told him that if he did not execute that deed, I would sue him for a settlement before I left the city. He did, and I took it home early in the afternoon. In March '57, I resigned my place on the _Family Journal and Visiter_, feeling that my public work was over, and that no life save one of absolute solitude was possible for me.

I had lived over twenty years without the legal right to be alone one hour--to have the exclusive use of one foot of s.p.a.ce--to receive an unopened letter, or to preserve a line of ma.n.u.script

”From sharp and sly inspection.”

In the latter half of the nineteenth century, a Pennsylvania court decided that a husband had a right to open and read any communication addressed to his wife. Living as I did, under this law I had burned the private journal kept in girlhood, and the letters received from my brother, mother, sister and other friends, to preserve their contents from the comments of the farm laborers and female help, who, by common custom, must eat at our table and take part in our conversation. At the office I had received, read and burned, without answer, letters from some of the most prominent men and women of the era; letters which would be valuable history to-day; have, therefore, no private papers, and write this history, except a few public dates, entirely from memory.

Into the mists some rays of light penetrated, and by them I saw that the marriage contract by which I was bound, was that one which I had made and which secured my liberty of conscience and voice in choosing a home.

The fraud by which church, and state subst.i.tuted that bond made for Saxon swine-herds, who ate boar's heads, lived in unc.h.i.n.ked houses and wore bra.s.s collars, in the days when Alfred the Great was king, was such as would vitiate any other contract, and must annul even that of marriage; but, granting that it was binding, it must bind both parties, and had been broken by the party of the other part through failure to comply with its requirements.

Our marriage had been a mistake, productive of mutual injury; but for one, it was not too late to repair the wrong. He, a man in the prime of life, with unspotted reputation, living without labor, on the income of a patrimonial estate, to which he had made large additions, could easily find a help-mate for him; one who could pad matrimonial fetters with those devices by which husbands are managed. My desertion would leave him free to make a new choice, and I could more easily earn a living alone.

The much-coveted and long-delayed birth of a living child appeared to have barred my appeal to this last resort, but the mother's right to the custody of her infant is one I would defend to the taking of life.

My husband would consent to no separation, and we had a struggle for my separate, personal property or its equivalent; a struggle in which Wm. M.

s.h.i.+nn was my lawyer, and Judge Mellon his, and in which I secured my piano by replevin, Dr. John Scott being my bondsman, and learned that I might not call a porter into the house to remove my trunk. I therefore got my clothing, some books, china and bedding by stealth, and the a.s.sistance of half a dozen families of neighbors.

A test suit as to my right to support was decided in 1859, and in it a judge in my native city, charged the jury that: ”If a wife have no dress and her husband refuse to provide one, she may purchase one--a plain dress--not silk, or lace, or any extravagance; if she have no shoes, she may get a pair; if she be sick and he refuse to employ a physician, she may send for one, and get the medicine he may prescribe; and for these necessaries the husband is liable, but here his liability ceases.”

The suit was about goods I had purchased by my lawyer's advice--two black silk dresses, a thirty dollar shawl, a dozen pairs black kid gloves, stockings, flannel, linen, half dozen yards white Brussels lace, any one of which would have outlawed the bill, even if I had gone in an Eden costume to make the purchase; but being clothed when I made my appearance at the counter, the merchant could not plead that I ”had no dress,” and lost his case.

In a subsequent suit carried up to the Supreme Court and decided in '68, it was proved that my husband had forbidden our merchant to credit me on his account, and the merchant's books presented in court showed that for twelve years he had kept two separate accounts, one against my husband and one against me. On his were charged clothing for himself, mother, brothers and employes, common groceries, etc.; while on mine were entered all my clothing, all high-priced tea, white sugar, etc., all tableware, fine cutlery, table linen, bedding, curtains and towels; on his were, credits for farm products; on mine, only cash; and he was credited with b.u.t.ter and eggs on the same day that I was charged with bed-ticking and towels. My personal expenses from Nov. 18, '36, the date of our marriage, until Nov. 18, '56, twenty years, averaged less than fifty dollars a year. All my husband's labor for all his life, and mine for twenty years, with a large part of my separate property, had gone to swell his mother's estate, on the proceeds of which she kept her carriage and servants until she died, aged ninety-four, while I earned a living for myself and his only child.

I left Pittsburg with my baby about the 20th of May, '57, and went by boat to St. Paul. Before leaving, I went to settle with Mr. Riddle and say goodbye, and found him much troubled. He said:

”Why is it I have known nothing of all this? I did not dream there was anything wrong in your domestic relations, and may have been selfish and inconsiderate.”

My husband, mine no more, came upon the boat while she lay at the wharf, held baby on his knee and wept over her; when the last bell rang, he bade me good-bye; carried her to the gangway, held her to the last moment, then placed her in my arms, sprang ash.o.r.e and hurried up the wharf. He would, I think, have carried her off, but that he knew she would break his heart crying for mother before I could get to her.

He had once taken her away in a fit of anger and walked the floor with her most of the night, seriously alarmed for her life, and could not venture on that experiment again. He loved her most tenderly, and his love was as tenderly returned. Since, as a duty to her, I was careful to teach her to ”honor thy father” on earth as well as in heaven.

Had he and I gone into the pine woods, as he proposed, upon marriage; had we been married under an equitable law or had he emigrated to Minnesota, as he proposed, before I thought of going, there would have been no separation; but after fifteen years in his mother's house I must run away or die, and leave my child to a step-mother. So I ran away. He thought I would return; enlarged and improved the house, wrote and waited for us; could make no deed without my signature; I would sign none, and after three years he got a divorce for desertion. In '70 he married again, and I having, voluntarily, a.s.sumed the legal guilt of breaking my marriage contract, do cheerfully accept the legal penalty--a life of celibacy--bringing no charge against him who was my husband, save that he was not much better than the average man. Knew his rights, and knowing sought to maintain them against me; while, in some respects, he was to me incalculably more than just. Years after I left him, he said to our neighbor, Miss Hawkins, when speaking of me:

”I believe she is the best woman G.o.d ever made, and we would have had no trouble but for her friends.”

My sister had removed with her husband to St. Cloud, Minnesota, and through him I had secured forty acres of land on the sh.o.r.e of one of a nest of lovely lakes, lying on the east side of the Mississippi, twelve miles from St. Cloud. On this little farm I would build a cabin of tamarac logs, with the bark on and the ends sticking out at the corners criss-cross. My cabin would have one room and a loft, each with a floor of broad rough boards well jointed, and a ladder to go from one to the other. It would have an open fire-place, a rough flag hearth, and a rustic porch, draped with hop vines and wild roses. I would have a boat, catch fish and raise poultry. No sound of strife should ever come into my cabin but those of waves, winds, birds and insects. Ah, what a paradise it would be!

I had not yet learned that every human soul is a Shunamite, ”a company of two armies,” and wherever there is one, there is strife.

To live is to contend, And life is finished when contentions end.