A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[135] Act of Feb. 17, 1827: _Acts of the Gen. Assembly_
(1826-27), 21, 22. The same act is repeated in _Supp. to Rev.
Code_ (1833), 222, 223. The law of 1827 appears to be the first
legislation of Virginia on the subject of divorce, although
"lawful divorce"--meaning doubtless that of the legislature--is
incidentally mentioned in the act of 1792: _Acts_ (1794), 205.
The act of 1827 provides in all cases for an appeal to the court
of appeals, but, apparently, not in divorces granted by the
assembly.
Under the law of 1827 resort was often made to the general
assembly,[136] until in 1848 an act appeared which, after granting
to Robert Moran a divorce from his wife Lydia, seeks to abrogate the
practice so far as by statute it may be done. "Whereas," runs the
preamble, "applications to the legislature for divorces _a vinculo
matrimonii_ are becoming frequent, and occupy much time in their
consideration, and moreover involve investigations more properly
judicial in their nature, and ought, so far as the legislature can
do it, [to] be referred to the judicial tribunals of the state;"
therefore the courts are granted the same full jurisdiction in
absolute divorce which they already possessed in petition for
separation from bed and board.[137] This law would not necessarily
have put an end to the evil; for the acts of one legislature
cannot bind those of another; but that was soon effected by the
constitution of 1851, which deprived the assembly of all authority
to hear divorce petitions.[138]
[136] Thus, on Jan. 25, 1827, Macy, _alias_ Amasa Gay (formerly
Birdsong), got a divorce from her husband Charles. The cause
is not mentioned, but he is not permitted to marry during her
lifetime: _Acts_ (1826-27), 126. On Jan. 27, 1827, David Parker,
of the county of Nansemond, was released from his wife Jane, who
likewise was not allowed to remarry: _ibid._, 126.
[137] Act of March 18, 1848: _Acts of the Assembly_ (1847-48),
165-67.
[138] Constitution of 1851, Art. IV, sec. 35: see _Code_ (1860),
48.
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