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
constitution put a stop to this evil custom, many such applications
were referred to the circuit courts, the full legal requirement
being similarly waived.[353] The early Minnesota lawmakers found
plenty of business of the same kind. "Be it enacted," runs a decree
of the assembly in 1849, "that the marriage heretofore existing
between Catherine Hathaway and her husband, Isaac Hathaway, ...
is hereby dissolved; and the said parties are restored to all the
rights and privileges of unmarried persons."[354] Another example
seems to show that a "pale-face" cannot always live happily with a
"dusky mate." It is solemnly declared "that Louis Laramie is hereby
divorced from Wa-kan-ye-ke-win, his wife, as fully and effectually,
as if the legal ceremony of marriage and its rites had never been
solemnized."[355] Similar decrees appear in the statute-book until
in 1856 constitutional authority finally put a stop to legislative
interference.[356]
[347] Special divorce acts may be found in the _Ter. Laws of
Mich._, II, 655, 709, 710, 752, 753, 769; III, 840, 842, 847,
895, 901, 905 (three cases), 907 (two cases).
[348] _Laws of Ill._ (1817-18), 356.
[349] Thus on Jan. 15, 1825, two decrees were granted in one
bill: _Laws_ (1825), 120.
[350] Act of Feb. 15, 1831: _Laws_, 71, 72. There is another
example in _Laws_ (1839), 79.
[351] _Laws of a Local Nature_ (1838), 406.
[352] _Laws of a Local Nature_ (1842), 117.
[353] _Cf._ _ibid._ (1842), 119, 120, 121; _ibid._ (1844), 148;
_ibid._ (1849), 203, 300 (two cases); _ibid._ (1850), 105, 129,
194, 342, 344; _ibid._ (1851), 404, 441, 497.
[354] _Laws of Minn._ (1849), 89.
[355] _Ibid._
[356] For examples see _Laws_ (1851), 39, 40 (four cases); and
_ibid._ (1852), 60, 61 (two cases). Seven of the acts cited are
also given or restated in _Collected Stat. of the Ter. of Minn.
and Decis. of Supreme Court_ (1853).
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