Robert Dale Owen was the son of New Harmony founder, Robert Owen. A well-known Hoosier, the younger Owen had a long career as a politician and social reformer. He served in the Indiana House of Representatives from 1835 to 1838 and 1851 to 1853, as a member of the 1851 Indiana Constitutional Convention and as member of the United States House of Representatives from 1843 to 1847. Additionally, Owen served as U.S. charge d’affaires and minister to Naples, Italy from 1853 to 1858.
He was a champion of women’s rights, particularly regarding property, divorce and suffrage. In working toward women’s suffrage, Owen fought for women’s right to property as part of the 1851 Indiana Constitution, but it was rejected by the convention. In his subsequent term in the Indiana House, he authored Indiana’s revised Law of Descents, giving widows the right to own property.
Pictured is a handwritten copy of Indiana’s Law of Descents by author Robert Dale Owen.
This legislation drastically changed the apportionment of estates in Indiana. The law of descents was meant to provide a will when the deceased has not created one themselves. In a speech published Dec. 20, 1851 by the Daily State Sentinel, he explains that the law’s original intention was to build up and maintain male wealth.[1] Before 1852 in Indiana, if a man died without children and his parents were also deceased, the majority rights to his property would go to any other blood relative before his wife. A widow was allowed to remain a tenant on her deceased husband’s property, but not to be the primary owner. Despite this lack of ownership, the widow would be compelled to pay her portion of taxes levied on that property and maintain its upkeep. If the marriage resulted in children, they would receive full rights to the property. Owen argued that most men in the state left humble estates and passing that income and/or real estate to other relatives doomed many widows to poverty. He also believed that proprietors were better for society as stewards of their land rather than tenants. Owen’s new law, passed on May 14, 1852, divides the property between widow and child. The revision excluded anyone other than the husband’s parents from inheritance and the widow would receive the majority. He saw this revised law as a resounding victory for justice.
He also outlines some of his views on women in a lengthy letter to the publisher of The Atlantic on Aug. 25, 1872 in which he also pitches himself, his writing and experience. He states, “I do not think moral and spiritual progress will keep pace with physical and material until women have a chance of influence in public affairs.”
This blog post was written by Rare Books and Manuscripts librarian Lauren Patton.
[1] Owen, Robert Dale. “Law of Descent.” Daily State Sentinel (Indianapolis, IN), Dec. 20, 1851.