1. Hartz, Louis, The Liberal Tradition in America (New York: Harcourt, Brace & World, 1955)Google Scholar. Huntington, Samuel P., American Politics: The Promise of Disharmony (Cambridge, MA: Belknap Press, 1981)Google Scholar. Lowi, Theodore J., The End of Liberalism: Ideology, Policy, and the Crisis of Public Authority (New York: Norton, 1969)Google Scholar.

2. See, for example, Karen Orren on the liberalization of labor politics and Rogers Smith on liberalization and citizenship. Orren, Karen, Belated Feudalism: Labor, the Law, and Liberal Development in the United States (Cambridge, UK: Cambridge University Press, 1991)Google Scholar; Smith, Rogers M., Civic Ideals: Conflicting Visions of Citizenship in U.S. History (New Haven, CT: Yale University Press, 1997)Google Scholar.

3. See Wortman, Marlene Stein, Women in American Law: From Colonial Times to the New Deal (New York: Holmes & Meier, 1985), 14Google Scholar. A few states adopted civil law approaches to marriage from Spanish or French traditions. Scholars have differed on whether the community property laws adopted by these states had a meaningful impact on either the experiences of women under this system or the pace of reforms. In this piece, I focus my analysis on common law states, although I do include dates for MWPAs in civil law states since these jurisdictions still passed laws clarifying and expanding married women's economic rights during the same period as common law states.

4. Salmon, Marylynn, Women and the Law of Property in Early America (Chapel Hill: University of North Carolina Press, 1986)Google Scholar. In most states, a parallel system of equity or chancery courts allowed individual women the ability to petition for special exemptions. These courts, modeled on the British system, allowed for special petitions to be brought before judges when the common law was considered to be too strict or harsh. Access was largely limited to wealthier women, and because this property “ownership” was granted by special petition, each situation was treated in an ad hoc manner and was not linked to broader economic rights such as the right to contract. See Basch, Norma, In the Eyes of the Law: Women, Marriage, and Property in Nineteenth-Century New York (Ithaca, NY: Cornell University Press, 1982)Google Scholar. See also Kerber, Linda, Women of the Republic: Intellect and Ideology in Revolutionary America (Chapel Hill: University of North Carolina Press, 1980)Google Scholar.

5. Geddes, R. Richard and Tennyson, Sharon, “Passage of the Married Women's Property Acts and Earnings Acts in the United States: 1850 to 1920,” Research in Economic History 29 (2013): 145–89CrossRefGoogle Scholar. Hoff, Joan, Law, Gender, and Injustice (New York: NYU Press, 1991)Google Scholar. Florida and Alabama were the two states that had more limited laws in 1920.

6. For example, scholars have found that MWPAs increased the number of patents filed by women, the number of women listed as heirs in wills, the amount of wealth women willed to others, girls’ school attendance rates, and the passage of compulsory schooling laws for girls. See Khan, B. Zorina, “Married Women's Property Laws and Female Commercial Activity: Evidence from United States Patent Records, 1790–1895,” Journal of Economic History 56, no. 2 (1996): 356–88CrossRefGoogle Scholar. Shammas, Carole, “Re-Assessing the Married Women's Property Acts,” Journal of Women's History 6, no. 1 (1994): 9–30CrossRefGoogle Scholar. Geddes, Rick, Lueck, Dean, and Tennyson, Sharon, “Human Capital Accumulation and the Expansion of Women's Economic Rights,” Journal of Law and Economics 55, no. 4 (2012): 839–67CrossRefGoogle Scholar. Evan Roberts, “Women's Rights and Women's Labor: Married Women's Property Law Reform and Labor Force Participation, 1870–1900,” paper presented at Population Association of America 2008 Annual Meeting (New Orleans, 2007). Geddes and Tennyson, “Passage of the Married Women's Property Acts.”

7. Dates for debt-free acts are taken from Hoff, Law, Gender, and Injustice. Dates for effective acts are taken from Geddes and Tennyson, “Passage of the Married Women's Property Acts.”

8. Dates for state-level women's suffrage are taken from McCammon, Holly J., Campbell, Karen E., Granberg, Ellen M., and Mowery, Christine, “How Movements Win: Gendered Opportunity Structures and U.S. Women's Suffrage Movements, 1866 to 1919,” American Sociological Review 66, no. 1 (2001): 49–70CrossRefGoogle Scholar.

9. Rapaport, Richard A., Relationship of the Women's Movement to the Passage of Married Women's Property Acts in the Mid-Nineteenth Century (Stanford, CA: Stanford Law School, 1973)Google Scholar. On petitions and speeches by individual women (as opposed to organized women's organizations), see also Melder, Keith Eugene, Beginnings of Sisterhood: The American Woman's Rights Movement, 1800-1850, ed. Lerner, Gerda, Studies in the Life of Women (New York: Schocken Books, 1977), 143–44Google Scholar. On successful examples of collective action by women's groups, see McCammon, Holly J., Arch, Sandra C., and Bergner, Erin M., “A Radical Demand Effect: Early U.S. Feminists and the Married Women's Property Acts,” Social Science History 38, no. 1–2 (2014): 221–50CrossRefGoogle Scholar.

10. McConnaughey, Corrine M., The Woman Suffrage Movement in America: A Reassessment (New York: Cambridge University Press, 2013), 4CrossRefGoogle Scholar.

11. Ibid., 10.

12. For example, a delegate at the California Constitutional Convention that adopted an MWPA argued: “I am not wedded either to the common law or the civil law, nor as yet, to a woman; but having some hopes that some time or other I may be wedded, and wishing to avoid the fate of my friend from San Francisco, (Mr. Lippitt [a delegate who opposed the MWPA],) I shall advocate this section in the Constitution, and I would call upon all the bachelors in this Convention to vote for it. I do not think we can offer a greater inducement for women of fortune to come to California. It is the very best provision to get us wives that we can introduce into the Constitution.” Browne, J. Ross, ed., Report of the Debates in the Convention of California on the Formation of the State Constitution (Washington, DC: J.T. Towers, 1850), 259Google Scholar.

13. See, for example, Orren, Belated Feudalism.

14. Zackin, Emily, “‘To Change the Fundamental Law of the State’: Protective Labor Provisions in U.S. Constitutions,” Studies in American Political Development 24 (2010): 1–23CrossRefGoogle Scholar.

15. Balogh, Brian, A Government Out of Sight: The Mystery of National Authority in Nineteenth-Century America (Cambridge, UK: Cambridge University Press, 2009), 318CrossRefGoogle Scholar.

16. McCammon et al., “Radical Demand Effect,” 3.

17. On early laws, see, for example, Chused, Richard H., “Married Women's Property Law: 1800–1850,” Georgetown Law Journal 71 (1983): 1359–425Google Scholar.

18. Data on the formation of state-level suffrage organizations was generously shared by Holly McCammon. The years indicated in Figure 2 as “Suffrage Organization” indicate the first year in which a state-level woman's suffrage organization was formed that lasted for at least 5 years.

19. Although I use the term “states” here, some territories did pass some version of an MWPA prior to statehood, which is reflected in these data.

20. Melder, Beginnings of Sisterhood, 144.

21. Siegel, Reva B., “Home as Work: The First Woman's Rights Claims Concerning Wives’ Household Labor, 1850–1880,” Yale Law Journal 103, no. 5 (1994): 1073–217CrossRefGoogle Scholar.

22. O'Connor, Karen, Women's Organizations’ Use of the Courts (Lexington, MA: Lexington Books, 1980)Google Scholar.

23. Importantly, on efforts and strategies in California, Illinois, New York, Tennessee, and Texas, see McCammon et al., “Radical Demand Effect.”

24. Siegel, “Home as Work,” 1076–77.

25. On the diffusion of indebtedness, see Balleisen, Edward J., Navigating Failure: Bankruptcy and Commercial Society in Antebellum America (Chapel Hill: University of North Carolina Press, 2001)Google Scholar.

26. Roberts, “Women's Rights and Women's Labor,” 108.

27. Ibid., 112–13.

28. Basch, In the Eyes of the Law, 37–38. For more detail on equity, see footnote 4.

29. Smith, Civic Ideals, 3. Smith also addresses civic republicanism as an additional alternative tradition to liberalism.

30. Rabkin, Peggy A., Fathers to Daughters: The Legal Foundations of Female Emancipation (Westport, CT: Greenwood Press, 1980)Google Scholar. See also Raquel Fernandez, “Women's Rights and Development,” NBER Working Paper (2009), http://www.nber.org/papers/w15355. Incidentally, fathers of daughters taking a particular interest in women's issues is one that continues today; for example, Glynn, Adam N. and Sen, Maya, “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women's Issues?” American Journal of Political Science 59, no. 1 (2015): 37–54CrossRefGoogle Scholar. See also Washington, Ebonya L., “Female Socialization: How Daughters Affect Their Legislator Fathers’ Voting on Women's Issues,” American Economic Review 98, no. 1 (2008): 311–32CrossRefGoogle Scholar.

31. Stanton, Elizabeth Cady, Anthony, Susan B., and Gage, Matilda Joslyn, ed. History of Woman Suffrage, 2 vols., Vol. 1 (New York: Fowler & Wells, 1881), 16Google Scholar.

32. Ranney, Joseph A., In the Wake of Slavery: Civil War, Civil Rights, and the Reconstruction of Southern Law (Westport, CT: Praeger, 2006), 115Google Scholar.

33. Kerber, Linda, “The Republican Mother: Women and the Enlightenment—an American Perspective,” American Quarterly 28, no. 2 (1976): 202CrossRefGoogle Scholar.

34. Report of the Debates and Proceedings of the Convention for the Revision of the Constitution of the State of New York (Albany: William G. Bishop and William H. Attree, 1846), 1041Google Scholar.

35. Lebsock, Suzanne D., “Radical Reconstruction and the Property Rights of Southern Women,” The Journal of Southern History 43, no. 2 (1977): 195–216CrossRefGoogle Scholar.

36. Ibid., 197–204.

37. Siegel, “Home as Work.”

38. Siegel, Reva B., “The Modernization of Marital Status Law: Adjudicating Wives’ Rights to Earning, 1860-1930,” Georgetown Law Journal 82 (1994): 2127–211Google Scholar.

39. Ibid.

40. Geddes and Tennyson, “Passage of the Married Women's Property Acts.”

41. McCammon et al., “Radical Demand Effect,” 226.

42. Lebsock, “Radical Reconstruction.”

43. Ibid., 207–08.

44. This quotation comes from a South Carolina newspaper reporting on the state of married women's property rights: “The Wrongs of Women: A Topic Fully Discussed by the Convention in Columbia,” Charleston News and Courier, October 1, 1895.

45. Given the involvement of multiple courts in many states, this statement is not absolute. Courts occasionally interpreted MWPAs very broadly, or even struck down the laws as unconstitutional. However, these exceptions were far from the norm in state courts. See for example: Holmes v. Holmes, 4 Barbour 295 (1848); White v. White, 5 Barbour 474 (1849), both in New York, and Pelzer v. Campbell, 15 S.C. 581 (1881) in South Carolina.

46. 10 HOW 109 (N.Y.) (1854).

47. Charleston News and Courier, October 1, 1895.

48. Bork, Robert H., “Judge's Role in Law and Culture,” Ave Maria Law Review 1 (2007): 21Google Scholar.

49. Forbath, William E., “The Shaping of the American Labor Movement,” Harvard Law Review 102, no. 6 (1989): 1130–31CrossRefGoogle Scholar.

50. Hall, Kermit L., “Constitutional Machinery and Judicial Professionalism: The Careers of Midwestern State Appellate Court Judges, 1861–1899,” in The New High Priests: Lawyers in Post-Civil War America, ed. Gawalt, Gerard (Westport, CT: Greenwood Press, 1984), 42Google Scholar.

51. Balogh, Government Out of Sight, 318–19.

52. Pelzer v. Campbell, 15 S.C. 581 (1881).

53. Code of Civil Procedure of the State of South Carolina (1882): 93.

54. Holmes v. Holmes, 4 Barbour 295 (1848); White v. White, 5 Barbour 474 (1849).

55. Federal courts were not involved in these cases because family law was viewed as a state issue during this time period. Congress passed a law dealing with married women's property rights only to deal with women living in Washington, DC.

56. Dating of suffrage organization formation is based on data from McCammon et al., “How Movements Win.” Though Arkansas Territory did pass an earlier reform, it did not survive the transition to statehood. See Dougan, Michael B., “The Arkansas Married Woman's Property Law,” The Arkansas Historical Quarterly 46, no. 1 (1987): 3–26CrossRefGoogle Scholar.

57. “Radical Legal Changes—Married Woman's Rights in Mississippi,” Chicago Daily Tribune, September 13, 1880.

58. Fisher v. Allen, 3 Miss. 611 (1837).

59. Ibid., 614.

60. Benson, Megan, “Fisher v. Allen: The Southern Origins of Married Women's Property Acts,” Journal of Southern Legal History 6 (1998): 106Google Scholar. Benson also argues that the ruling left Chickasaw women less protected from exploitation by white land speculators than they might have been under the regime of coverture.

61. Ibid., 112.

62. Ibid., 113.

63. Brown, Elizabeth Gaspar, “Husband and Wife: Memorandum on the Mississippi Woman's Law of 1839,” Michigan Law Review 42, no. 6 (1944): 1113–14CrossRefGoogle Scholar.

64. Ibid., 1114.

65. Moncrief, Sandra, “The Mississippi Married Women's Property Act of 1839,” The Journal of Mississippi History 47, no. 2 (1985): 115Google Scholar. See also Ranney, In the Wake, 116.

66. “Removal of the Disabilities of Married Women in Mississippi,” American Law Review 26 (1892): 116Google Scholar.

67. Gaspar Brown, “Husband and Wife,” 1114.

68. Ibid., 1116.

69. Ibid., 1118.

70. Ranney, In the Wake, 116. For example, one proponent of the bill made the argument that women had a “just claim” to property they obtained either by gift, inheritance, or as “the product of their own labor.” But, paternalistic and economic motivations seem to have been much more prevalent. See Gaspar Brown, “Husband and Wife.”

71. Lebsock, “Radical Reconstruction,” 202.

72. Moncrief, “Mississippi Married Women's Property Act,” 111–12.

73. McGrane, Reginald Charles, The Panic of 1837: Some Financial Problems of the Jacksonian Era (New York: Russel & Russel, 1965), 117Google Scholar.

74. Mississippi Laws (1841), chap. 15, p. 113. See also “State Homestead Exemption Laws,” note in Yale Law Journal 46, no. 6 (1937): 1026Google Scholar.

75. Southern Sun (Jackson, MS), February 5, 1839, quoted in Moncrief, “Mississippi Married Women's Property Act,” 122.

76. Ranney, In the Wake, 114–15.

77. Revised Code of the Statute Laws of the State of Mississippi (1857), sec. V, art. 23–24. The full text of these laws is available in the Online Appendix.

78. Revised Code of the Statute Laws of the State of Mississippi (1857), sec. V, art. 24.

79. Revised Code of the Statute Laws of the State of Mississippi (1857), sec. V, art. 25.

80. Constitution of Mississippi (1869), art. I, sec. 16. Full text is available in the Online Appendix.

81. Journal of the Proceedings of the Constitutional Convention of the State of Mississippi, 1868 (Jackson, MS: E. Stafford, 1871), 345Google Scholar.

82. Ibid., 80–81. At another point, a different delegate proposed a similar provision that would have allowed exemptions only for clothing and property owned by a married woman before marriage; this proposal also failed. See Ibid., 584.

83. Ibid., 80.

84. Alexander F. Roehrkasse, “Failure, Fraud, and Force: The Rise and Fall of the Debtor's Prison in New York, 1760-1840” (Unpublished master's thesis, University of California, Berkeley, 2014), 49.

85. Journal of the Proceedings of the Constitutional Convention of the State of Mississippi, 1868, 43–44.

86. Constitution of the State of Mississippi (1868).

87. Davis v. Foy, 15 Miss. 64 (1846), 67.

88. Hardin v. Pelan, 41 Miss. 112 (1866), 114.

89. Whitworth v. Carter, 43 Miss. 61 (1870), 72–73.

90. Viser v. Scruggs, 49 Miss. 705 (1874), 711.

91. Viser did have some recourse in this particular case; because Mrs. Scruggs had given the money in question to her husband, the court ruled that debt legally became his, and thus the income from her separate estate could be taken to repay the debt. Still, Viser was unable to seize the property itself, as he would have been if Mrs. Scruggs were a man or a single woman.

92. Dibrell v. Carlisle, 48 Miss. 691, (1873), 706. See also Foxworth v. Magee, 44 Miss. 430 (1870).

93. Kessler-Harris, Alice, Out to Work: A History of Wage-Earning Women in the United States (New York: Oxford University Press, 1982), 75–77Google Scholar.

94. For a discussion of popular conceptions of wages versus other types of property, relevant to both genders, see Scott, William B., In Pursuit of Happiness: American Conceptions of Property from the Seventeenth to the Twentieth Century (Bloomington: Indiana University Press, 1977)Google Scholar.

95. Apple v. Ganong, 47 Miss. 189 (1872). Note that although this case reached the Supreme Court after the Mississippi legislature had passed an earnings act (in 1871), the purchases and debts in question occurred prior to the passage of the act, so the earnings act was not controlling.

96. Apple v. Ganong, 47 Miss. 189 (1872), 199.

97. Revised Code of the Statute Laws of the State of Mississippi (1871), chap. 23, art. V, Property of the Wife, sec. 1778.

98. Revised Code of the Statute Laws of the State of Mississippi (1871), chap. 23, art. V, Property of the Wife, sec. 1780.

99. Mayes, Edward, “The Legal and Judicial History,” in Biographical and Historical Memoirs of Mississippi: Embracing an Authentic and Comprehensive Account of the Chief Events of the History of the State and a Record of the Lives of Many of the Most Worthy and Illustrious Families and Individuals, ed. Brothers, Goodspeed (Chicago: Goodspeed, 1891), 124Google Scholar.

100. Netterville v. Barber, 52 Miss. 168 (1876), 173–174.

101. Netterville v. Barber, 52 Miss. 168 (1876), 170.

102. “Radical Legal Changes.”

103. Revised Code of the Statute Laws of the State of Mississippi (1880), chap. 42, sec. 1167.

104. Rabkin, Peggy A., “The Origins of Law Reform: The Social Significance of the Nineteenth-Century Codification Movement and Its Contribution to the Passage of the Early Married Women's Property Acts,” Buffalo Law Review 24 (1975): 683–760Google Scholar.

105. “Removal of Disabilities,” 115.

106. Rowland, Dunbar, Courts, Judges, and Lawyers of Mississippi, 1798-1935 (Jackson, MS: Press of Hederman Bros., 1935), 107Google Scholar.

107. Journal of the Senate of the State of Mississippi (Jackson, MS: J.L. Power, 1880), 40–42Google Scholar.

108. Journal of the Proceedings of the Constitutional Convention of the State of Mississippi, 1890 (Jackson: E. L. Martin, 1890), 220Google Scholar.

109. Constitution of Mississippi (1890); ibid.

110. Toof v. Brewer, 96 Miss. 19 (1888).

111. Southworth v. Brownlow, 84 Miss. 405 (1904).

112. Austin v. Austin, 136 Miss. 61 (1924), 71.

113. Revised Code of the Statute Laws of the State of Mississippi (1880), chap. 42, sec. 1177.

114. Gash, Alison L., Below the Radar: How Silence Can Save Civil Rights (Oxford, UK: Oxford University Press, 2015)CrossRefGoogle Scholar.

115. See, for example: Geddes and Tennyson, “Passage of the Married Women's Property Acts”; Geddes, “Human Capital Accumulation”; Khan, “Married Women's Property Laws”; Hoff, Law, Gender, and Injustice.