Martin v. Commonwealth of Massachusetts (1 Mass. Reports 348) was an 1805 legal case decided by the Supreme Judicial Court of Massachusetts, presided over by Francis Dana. It was influential in setting a legal precedent that US married women did not have separate formal political citizenship from their husbands.
James Martin was the son of William Martin and Anna Gordon Martin, Loyalists who had fled Massachusetts during the political turmoil of the American Revolution. Anna Gordon Martin had brought significant amounts of real estate into her marriage; through a complicated set of legal arrangements, her husband William had only a life interest in the property. Because the Martins, like other Loyalists, had fled Massachusetts, the post-revolutionary government of Massachusetts had confiscated Anna Gordon Martin's land as state property.
James Martin, as the couple's adult son, argued that his mother had been required to choose between following her husband (as the marital law of coverture required) or staying in Massachusetts (and keeping her land). He argued that his mother had not meant to forfeit her land and that he should be able to claim it back from the state.
The main issue in this case was whether Anna Gordon Martin had, during her life, possessed the legal ability to choose whether to stay in Massachusetts. Could she, as a married woman, make her own choices about remaining a British citizen or declaring loyalty to the revolutionary government of Massachusetts? Did the law of coverture, which stated that a married man and his wife were the same legal person, mean that women could not be held legally responsible for their own choices?
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Martin v. Massachusetts established the principle in US law that a married woman's citizenship followed that of her husband. This principle became part of statutory law with the Expatriation Act of 1907, and until the passage of the Cable Act in 1922, American citizen women who married noncitizens automatically lost their US citizenship.
When a person assumes the family name of their spouse, in some countries that name replaces the person's previous surname, which in the case of the wife is called the maiden name, whereas a married name is a family name or surname adopted by a person upon marriage.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding..
James Sullivan was an American lawyer and politician in Massachusetts. He was an early associate justice of the Massachusetts Supreme Judicial Court, served as the state's attorney general for many years, and as governor of the state from 1807 until his death.
Coverture was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a feme covert, whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or feme sole, had the right to own property and make contracts in her own name.
Loyalists were colonists in the Thirteen Colonies who remained loyal to the British Crown during the American Revolutionary War, often referred to as Tories, Royalists or King's Men at the time. They were opposed by the Patriots, who supported the revolution, and called them "persons inimical to the liberties of America."
The Cable Act of 1922 was a United States federal law that partially reversed the Expatriation Act of 1907. (It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). In theory the law was designed to grant women their own national identity; however, in practice, as it still retained vestiges of coverture, tying a woman's legal identity to her husband's, it had to be amended multiple times before it granted women citizenship in their own right.
Bradwell v. State of Illinois, 83 U.S. 130 (1873), was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges. Brought by Myra Bradwell, the case is also notable for being an early 14th Amendment challenge to sex discrimination in the United States.
The Married Women's Property Act 1882 was an Act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights of married women, which besides other matters allowed married women to own and control property in their own right.
United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.
The Married Women's Property Act 1870 was an Act of Parliament of the United Kingdom that allowed married women to be the legal owners of the money they earned and to inherit property.
The Republic of Haiti is located on western portion of the island Hispaniola in the Caribbean. Haiti declared its independence from France in the aftermath of the first successful slave revolution in the Americas in 1804, and their identification as conquerors of a racially repressed society is a theme echoed throughout Haiti's history.
Marriage in China has undergone change during the country's economic reform period, especially as a result of new legal policies such as the New Marriage Law of 1950 and the family planning policy in place from 1979 to 2015. The major transformation in the twentieth century is characterized by the change from traditional structures for Chinese marriage, such as arranged marriage, to one where the freedom to choose one’s partner is generally respected. However, both parental and cultural pressures are still placed on many individuals, especially women, to choose socially and economically advantageous marriage partners. While divorce remains rare in China, the 1.96 million couples applying for divorce in 2010 represented a rate 14% higher than the year before and doubled from ten years ago. Despite this rising divorce rate, marriage is still thought of as a natural part of the life course and as a responsibility of good citizenship in China.
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
The National Woman Suffrage Association (NWSA) was based in New York City, the movement was created by Elizabeth Cady Stanton and Susan B. Anthony. The Married Women's Property Acts are laws enacted by the individual states of the United States beginning in 1839, usually under that name and sometimes, especially when extending the provisions of a Married Women's Property Act, under names describing a specific provision, such as the Married Women's Earnings Act. The Married Women's Property Acts helped to rectify some of the difficulties that women faced under coverture, the English common law system that subsumed married women's ability to own property, wages, enter into contracts, and otherwise act autonomously, to their husband's authority. After New York passed their Married Women's Property Law in 1848, this law became the template for other states to grant married women the right to own property.
The status and characteristics of ancient and modern-day women in Greece evolved from the events that occurred in the history of Greece. According to Michael Scott, in his article "The Rise of Women in Ancient Greece", "place of women" and their achievements in ancient Greece was best described by Thucidydes in this quotation: that "The greatest glory [for women] is to be least talked about among men, whether in praise or blame." However, the status of Greek women has undergone charge and more advancement upon the onset of the twentieth century. In 1952, they received their right to vote, which led to their earning places and job positions in businesses and in the government of Greece; and they were able to maintain their right to inherit property, even after being married.
Grace Growden Galloway (1727–1782) was the wife of loyalist Joseph Galloway. She nearly lost everything in the aftermath of the American Revolution. Grace Galloway's property was confiscated because of the political position of her husband. This loss of property led to the loss of her social standing and pride. Grace Galloway notably left a detailed diary documenting her daily life and her fight to regain her property. This diary has been a strong source for historians to learn from and grasp what it was like to be a female loyalist. Galloway's diary provides a fresh perspective into a side of the Revolutionary War that was previously often omitted from history.
Marriage in ancient Greece had less of a basis in personal relationships and more in social responsibility. The goal and focus of all marriages was intended to be reproduction, making marriage an issue of public interest. Marriages were usually arranged by the parents; on occasion professional matchmakers were used. Each city was politically independent and each had its own laws concerning marriage. For the marriage to be legal, the woman's father or guardian gave permission to a suitable man who could afford to marry. Daughters were usually married to uncles or cousins. Wintertime marriages were popular due to the significance of that time to Hera, the goddess of marriage. The couple participated in a ceremony which included rituals such as veil removal, but it was the couple living together that made the marriage legal. Marriage was understood to be the official transition from childhood into adulthood for women.
The Hardships of the English Laws in Relation to Wives: With an Explanation of the Original Curse of Subjection Passed upon the Woman: In an Humble Address to the Legislature (1735) is a legal treatise by Sarah Chapone on the oppression of married women, styled as an address to Parliament. It was originally published anonymously, but scholarship has confirmed that Chapone was the author.
Dignity taking is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization. There are two requirements: (1) involuntary property destruction or confiscation and (2) dehumanization or infantilization. Dehumanization is “the failure to recognize an individual or group's humanity” and infantilization is “the restriction of an individual or group's autonomy based on the failure to recognize and respect their full capacity to reason.” Evidence of a dignity taking can be established empirically through either a top-down approach, examining the motive and intent behind those who initiated the taking, or a bottom-up approach, examining the viewpoints of dispossessed people.
Betsy Love Allen was a Chickasaw merchant and planter who ran a trading post on the Natchez Trace and maintained a large cattle plantation. Born into a wealthy and influential family, she owned property in her own right under Chickasaw law. When an attorney attempted to seize one of her children's slaves to pay off a debt that her husband owed, a trial ensued. The verdict, that Allen was in effect a feme sole, under Chickasaw law, and not subject to coverture, established the legal precedent for the State of Mississippi to pass the first Married Women's Property Act in the United States.