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
[360] There are two cases in _Laws and Res._ (1871), 86, 91;
others in _Gen. Laws_ (1879), 54, 59-61; five in _ibid._ (1881),
439-41; and four in _ibid._ (1883), 164, 165.
[361] _The Private and Spec. Laws of Mont._ (1864-65), 554, 610,
685, 695, 699, 700, show nine cases of legislative divorce.
[362] For examples see _Spec. Laws_ (1857), 12; _ibid._
(1857-58), 107, 108, 110, 111, 112 (twelve cases); _ibid._
(1858-59), 92-107 (thirty-one cases).
[363] See _Acts_ (1858), 53, 54; _ibid._ (1859), 62; _ibid._
(1860: private laws), 473-79; _Session Laws_ (1861: local laws),
71, 73, 74, 81, 83, 92, 93, 101-3, 110, 131, 132; _ibid._ (1862),
Index; _ibid._ (1863), 138-44.
In some of the old middle states the custom was particularly
tenacious. Of it the New York laws show scarcely a trace;[364] and
in those of New Jersey no evidence at all has been discovered. The
case is very different in Pennsylvania. Although in 1785 the courts
were empowered to grant full or partial divorce for the causes
specified, the habit of resorting to the assembly, especially when
the offense complained of was not a cause recognized by the statute,
survived from the provincial era. Thus in 1805 Rebecca Adkinson
was released from her spouse Thomas, who for crimes committed had
been sentenced to five years' imprisonment. "Whereas it appears
that the conduct of the said Thomas, from the month of May, 1803,
to the present time, has been one continued scene of vice, evincing
a total dereliction of morality, and an entire neglect of his wife
and tender infant," therefore, since the law has not provided for
such emergency, the assembly sets Rebecca absolutely free from the
wedding bond.[365] During the next year a case of somewhat unusual
character arose. From the preamble to the bill it appears that as
early as 1777 Jacob Sell and Eve, his wife, had divorced themselves
by mutual consent, the woman by a written instrument relinquishing
all her rights under the marriage. Thereafter, the man considering
himself entirely free from former obligations, took unto himself
another wife, "by whom he now has living six children." Through
"hard labor and honest industry" a considerable property was in due
course acquired, some of which Sell had transferred. To this under
the existing laws he could not give perfect title because of a claim
to dower which "the aforesaid Eve may be supposed to possess." For
this reason, and because he had grown old and was in a "delicate
state of health," the assembly granted his petition for an absolute
dissolution of the first marriage.[366] From this time onward many
divorce decrees may be found in the session laws; and not until
the adoption of the constitution of 1874 was the practice entirely
abandoned.[367]
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