Revolutionary Voices · Reading

Women's Work and Political Voice

Women's Work and the Law

The puzzle: Women did important work, but married women had almost no rights in court The rule: Coverture: a married woman was "covered" by her husband in law A lawyer in 1765: Wrote that a married woman's legal self was "suspended," as if she were not there Harder levels: Higher reading levels add more names, dates, and harder words

On June 12, 1780, Esther DeBerdt Reed, the wife of Pennsylvania's governor, published a broadside, a single printed sheet meant to be posted and passed around. She called it "The Sentiments of an American Woman." It said that American women were "born for liberty," and it called on them to give money for the soldiers of the Continental Army. Three days after the Pennsylvania Gazette printed it, more than thirty women met and formed the Ladies Association of Philadelphia. They went from door to door through the city asking for money.

Shirts for the Army

The women collected more than $300,000 in Continental paper money. Reed wanted to give each soldier cash, but George Washington asked that the money buy linen for shirts instead, and she agreed. Reed died suddenly on September 18, 1780, at thirty-four. Sarah Franklin Bache, Benjamin Franklin's daughter, took over the work. Under her direction the women of Philadelphia sewed more than 2,200 shirts for the army. Women in New Jersey and Maryland copied the plan.

Farms, Shops, and Boycotts

The Ladies Association was unusual, but women's work in the war was not. When a man went to the army, his wife ran the farm or the shop in his place. The historian Laurel Thatcher Ulrich calls this role the "deputy husband." Some women ran businesses of their own as "she-merchants." In the years before the war, women had made the boycotts of British goods work, the campaigns in which colonists refused to buy British tea and cloth as a protest against taxes. Most household buying was women's work, so their choices reached into every house. Many spun their own thread and wore homespun cloth in place of British cloth.

Coverture

The law did not match the work. Under English common law, which the colonies followed, a married woman was a feme covert, a "covered woman," and her legal identity was folded into her husband's. The rule was called coverture. The English legal writer William Blackstone explained it in 1765 in the first book of his Commentaries on the Laws of England. He wrote that in marriage "the husband and wife are one person in law" and that "the very being or legal existence of the woman is suspended during the marriage," or paused. More than a thousand copies of the Commentaries sold in the colonies before an American edition appeared in 1771 and 1772. Most lawyers of the founding generation learned the law from them.

In practice, coverture meant that a married woman could not own personal property, keep the wages she earned, sign a contract, sue or be sued in her own name, or make a will without her husband's consent. Fathers, not mothers, had legal custody of the children. A widow or an unmarried woman, called a feme sole, could own property and sign contracts in her own name. A few married women traded under a narrow exception as feme sole traders.

The Vote

On March 31, 1776, Abigail Adams wrote from Braintree, Massachusetts, to her husband John, who was in Congress in Philadelphia. She asked him to "Remember the Ladies" in the new laws and not to put "unlimited power into the hands of the Husbands." The new state constitutions did not change coverture, and only one gave any women the vote. New Jersey's constitution of 1776 let "inhabitants" who met a property requirement vote. Because unmarried women and widows could own property, some of them did. In 1807 the New Jersey legislature limited the vote to white men. The historian Linda Kerber named the ideal that followed the war "republican motherhood," the idea that a woman's civic role was to raise good citizens. States began to pass Married Women's Property Acts in 1839. Women won the vote across the nation in 1920.

Key facts to use in your script

For your Hook

  • Esther DeBerdt Reed's 1780 broadside called on women to give money for the Continental Army, and the Ladies Association of Philadelphia raised more than $300,000.
  • Women ran farms and shops as "deputy husbands" and made the boycotts of British goods work.
  • Blackstone (1765): a wife's "legal existence" is "suspended during the marriage."

For your Story

  • Coverture barred wives from property, wages, contracts, lawsuits, wills, and custody.
  • A widow or unmarried woman, a feme sole, could own property and sign contracts in her own name.
  • Washington asked that the Association's money buy linen for shirts instead of cash for soldiers.
  • Most household buying was women's work, so their boycott of British tea and cloth reached every house.

For your Wrap

  • The new state constitutions left coverture in place and, except in New Jersey, gave no women the vote.
  • New Jersey's widows and unmarried women with property could vote from 1776 until the legislature limited the vote to white men in 1807.
  • Linda Kerber named the postwar ideal "republican motherhood": raising good citizens.
  • Married Women's Property Acts began in 1839, and the vote came nationwide in 1920.

Source Spotlight: A Document from the Time

Blackstone on coverture — the actual 1765 text Commentaries on the Laws of England, 1765

This is the legal rule that made married women invisible, in the original spelling. Printers of the 1700s used the "long s" (ſ), which looks like an f — read "hufband" as "husband" and you can decode any eighteenth-century page. Blackstone’s Commentaries taught this law to most American lawyers of the founding generation.

By marriage, the hufband and wife are one perfon in law: that is, the very being or legal exiftence of the woman is during the marriage, or at leaft is incorporated and into that of the hufband: under whofe wing, protection, and cover, fhe performs every thing; and is therefore called in our a ; is faid to be covert-baron, or under the protection and influence of her hufband, her baron, or lord; and her condition during her marriage is called her coverture.

Make it yours: First, decode it: rewrite the passage in modern spelling. Then translate it into plain English. Finally — say what this one sentence meant for a married woman who ran a farm or a shop.

William Blackstone, Commentaries on the Laws of England, Book I, ch. 15 (1765) — Avalon Project, Yale Law School · See the source

Where these facts come from

Find a Face

Your topic is a group. Pick one real person from this list. Read about them. Add one fact about them to your Fact Bank, with the source.

  • Penelope Barker, led the Edenton tea boycott. Wikipedia
  • Sarah Franklin Bache, led a drive to sew soldiers' shirts. Wikipedia

About the group: Britannica: the Daughters of Liberty

Part of Revolutionary Voices. Same facts at every level — only the language changes.