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Old 03-23-2013, 12:22 PM   #140
Kobi
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1655 Elizabeth Key Grinstead, who was a slave in Virginia, won her freedom in a lawsuit based on her father's status as a free Englishman (her mother was a slave and her father was her mother's owner), helped by the fact that her father had baptized her as Christian in the Church of England.

However, in 1662 the Virginia House of Burgesses passed a law stating that any child born in the colony would follow the status of its mother, slave or free.

This was an overturn of a long held principle of English Common Law, whereby a child's status followed that of the father; it enabled white men who raped slave women to hide the mixed-race children born as a result and removed their responsibility to acknowledge, support, or emancipate those children.

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In March 1776, Abigail Adams wrote to her husband John Adams, who was rounding up support in Congress for a declaration of independence, recommending- "In the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands."

Her husband wrote back, "As to your extraordinary code of laws, I cannot but laugh...Depend upon it, we know better than to repeal our masculine systems."

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Coverture (sometimes spelled couverture) was a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband. Coverture was enshrined in the common law of England and the United States throughout most of the 19th century.

Under traditional English common law an adult unmarried woman was considered to have the legal status of feme sole, while a married woman had the status of feme covert.

A feme sole had the right to own property and make contracts in her own name.

A feme covert was not recognized as having legal rights and obligations distinct from those of her husband in most respects. Instead, through marriage a woman's existence was incorporated into that of her husband, so that she had very few recognized individual rights of her own.

As it has been pithily expressed, husband and wife were one person as far as the law was concerned, and that person was the husband. A married woman could not own property, sign legal documents or enter into a contract, obtain an education against her husband's wishes, or keep a salary for herself. If a wife was permitted to work, under the laws of coverture she was required to relinquish her wages to her husband. In certain cases, a woman did not have individual legal liability for her misdeeds, since it was legally assumed that she was acting under the orders of her husband, and generally a husband and wife were not allowed to testify either for or against each other. Judges and lawyers referred to the overall principle as "coverture".

Elizabeth Cady Stanton and Susan B. Anthony's first legislative victory came in 1860, when the New York State Legislature passed the Married Woman's Property Act, which gave a wife the right to keep her earnings, own property, share custody of her children, and sue in a court of law. Women in other states began pressuring their legislatures to pass similar measures.
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