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Sat, 1 Nov 2008 14:30:14 -0400
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I am not familiar with the book *The Mormon Question* and would be
interested in further information on the author's basis for her conclusion
that Jefferson was *liberal* on divorce. As Ms. Heckscher points out, there
was no Virginia precedent for divorce. So naturally, the committee's task
(most of the work was done by Jefferson and Wythe) to cull from the
precedents the laws that would survive for the new Commonwealth would
reflect that divorce was not an option. But the author must be referring to
the Blair marriage and the notorious legal wrangling in Williamsburg. The
details are outlined by Dewey in *Thomas Jefferson Lawyer.* Jefferson was
retained by Dr. Blair (along with Edmund Pendleton) in November 1772. Kitty
Blair was represented by Patrick Henry. Jefferson did his research
(probably at Monticello) on the possible grounds that could be presented to
the General Assembly for divorce. His notes are reproduced in full by
Dewey. But Dr. Blair died in December and the battle then shifted to a
claim by Kitty for dower which she received in a defeat for Pendleton who
argued the case. Jefferson's notes can also be accessed at
http://www.jstor.org/pss/1923425. 

Richard E. Dixon
Editor, Jefferson Notes
Thomas Jefferson Heritage Society
4122 Leonard Drive
Fairfax, Va 22030
703-691-0770 fax 703-691-0978

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