The husband is required by law to support and maintain his family out of his estate and by his services unless the wife sees fit to allow him to use her property for this purpose.
Alimony is allowed to the wife whether the suit for divorce is brought by her or against her, or whether she asks simply for separation; but, even if divorced, unchastity on her part will bar her right to further alimony.
The "age of protection" for girls remains at 10 years. The penalty is death or imprisonment in the penitentiary for life.
The Constitutional Convention of 1890 provided that no Legislature should repeal or impair the above property rights of married women.
This convention was called primarily to change the constitution with reference to the elimination of the negro vote. It was composed of representative men thoroughly alive to what they construed as the best interests of the State. As one way of circumventing the threatened supremacy of this vote, the enfranchisement of women was variously considered. The first amendment for this purpose was submitted by Judge John W. Fewell:
This was referred to the Committee on Franchise, composed of thirty-five members, but was defeated. The idea was that a great many white women owned property, while very few negro women did, hence the woman vote would furnish a reserve fund which could be called out in an emergency, the author of the measure himself being "not an advocate of female suffrage generally," according to his remarks before the convention. Many, perhaps a majority, at one time favored the scheme, it was said, though comparatively few of the committee recognized the justice of woman's enfranchisement per se.
