to advance such a paradox, as that submission or allegiance can be morally due to those from whom no benefits moral or physical are received in return. Such authority rests only on force. Resistance might be imprudent, but could not be unjust.

When resistance is criminal, it is on the grounds, that as the best human institutions are only approximations to justice, but cannot be perfect, the strife and confusion, perhaps the bloodshed, attendant on the struggle, often produce more mischief than the wrongs it pretends to redress. The general feeling is, therefore, that the sufferings of mankind should be great, to justify endangering the peace of society. Whether from an extension of this principle, or the mere force of habit, it is certain, that opinion runs strongly in favour of submission to established authority. Even when exercised oppressively, time-sanctioned power is regarded with reverence.

Their

This, which is true in most cases, applies peculiarly to the authority of men over women. condition is affected much more by opinion, than by the laws of the country. How little in fact could privileges in a statute book, avail to one from whom general opinion withheld their exercise; and who was, at the same time, given over a legal prisoner into the hands of the very parties, whose power the privileges were meant to restrain?

What more is the complicated system of trusts and settlements, which so frequently involve property with inextricable difficulties, but the efforts of law to secure to the defenceless, the real possession of that which is their own?

VOL. I.

K

Opinion is, indeed, the strongest of all laws, and can defeat the operation of every other. Through its influence, rights that are oppressive cease to be exercised; and where it is corrupted, legislation can do little. Laws made against the opinion of the whole community, could be enforced only by the point of the bayonet. And rights and privileges, conceded to those from whom general opinion withheld them, unless they could be asserted by force, would fall into disuse. No law can maintain continual battle; and what is neglected or obstructed at every moment, soon ceases to be attempted. Opinion, therefore, must be reformed before any effectual changes can be made by authority, in established customs. But when this takes the lead, recusants may be compelled to submit by legal enactments, made in conformity with the general spirit. In such cases, the authority of law, no doubt, accelerates the progress of opinion, by giving it clearness and unanimity. In the mean time its own influence is powerful. Opinion acts first by its force over our own minds; and next, by our fear of others. None but the most hardened of men, will act habitually in opposition to their own opinion of what is just; and few will brave general censure, by availing themselves even of legal authority to do what common opinion has stigmatized.

If all the power, which the indefiniteness of the law leaves to the one sex over the other, were exercised, a woman might be deprived of almost every enjoyment of life, except food, shelter, and clothing, Why are such violences never attempted, even when

discord has loosened the bands which first drew the parties together? Because opinion is too firmly established against such abuse of power. There is a point, much within the vague bounds of the law, beyond which no man can carry his resentment or indulge his selfishness, without finding the odium it creates react upon himself. Unhappily the limits are still wide, within which an arbitrary spirit may work unseen oppression.

Legislation might assuredly give greater protection than it does. But the more the subject is examined, the more we shall be convinced, that it is only raising the standard of opinion, the condition of women can be substantially improved.

It would be a most desirable object to render the condition of women, as dependent upon their own conduct, as that of the other sex is upon theirs; and to prevent the decent and industrious in one class, the prudent and virtuous in another, from having the influence of their virtues lost both to themselves and to society, through the control of the idle and profligate. But in the present state of opinion, it is to be feared, that any attempt to place the legal rights of the parties on a footing of greater equality, with a view to that object, would be defeated by the force of prejudice; nor indeed is it certain, that, educated as women now are, any sudden change, either in the upper or lower classes, would be desirable.

SECTION III.

Grounds on which the Authority of Men has been rested.

Earnestly desiring, therefore, to do somewhat more than utter vague declamations on the inequality with which the female part of the community is treated, I shall not be deterred, by the wideness of the subject, from inquiring how far that inequality is authorized by true justice.

On the one side, a good deal of nonsense has been written and spoken concerning the rights of women. On the other, it will not be denied, that the defenceless seldom obtain fair treatment, and that generally the condition of women has been very hard. As injustice is never really beneficial, even to those who practice it, every candid mind will be willing at least to meet the inquiry, whether there be any general and consistent principles, which will distinguish the just rights of women from what are visionary.

The feeling, that it would be impossible the rights of the several parties in domestic life should be legally defined, renders it only the more desirable, that everybody should have just principles upon the subject. The more there is that must of necessity be determined by the private judgment of each person, the more important it is, that his judgment should be guided by definite principles. This is acknowledged in public life. A governor going out to a distant, or disturbed colony, must necessarily be trusted with a certain degree of indefinite power. One might as

well endeavour to specify the waves of the sea, as the cases that will present themselves for his decision. But for that reason, the principles on which he is expected to govern, should be explained to him with the greater precision. There, nothing should be left vague, as the clearness of the principle gives considerable security, notwithstanding some errors and doubts in its application.

The authority of men has been rested on notions, some so confused, others so false and mischievous, that it is no wonder it has filled society with secret misery, and crippled the energies of half the human race. It leads men to indulge their tempers at the expense of female happiness, who would shrink from doing so, if they saw their conduct in the light of injustice; or discerned that their claim to submission, rested on no better basis than force.

The grounds, on which the authority of men over women has been chiefly defended, are the following.. First, that he is the superior being.

Second, that women, being too weak to resent wrong, have a claim to gentle usage on the grounds of humanity, but cannot have any rights, properly speaking: the rules of justice, therefore, do not apply to them.

Thirdly, that the custom of reducing the female sex to subjection is universal, whence it may be thought to have the sanction of a law of nature.

With respect to the first, it may be replied, that in no civilized code in the world, would any such maxim be admitted, as that the superior, whether by nature or social condition, had an inherent right to