Mr. Gill. As I understand the law, at that time period the circuit court had the power to grant divorce a mensa et thoro and the power to recognize the corollary to those separations by finding the wife to be a sole trader. If I am wrong, please tell me (and all subscribers) in order that others do not err in the matter and go hunting divorces a mensa et thoro in courts' minutes or orders. Thanks. Paul
----- Original Message -----
From: H. B. Gill
To: [log in to unmask]
Sent: Wednesday, August 10, 2005 9:23 AM
Subject: Re: divorce in antebellum America
The only legal divorce in Virginia before 1827 was by act of the
legislature. The first petition for divorce presented to the Virginia
legislature was in 1789. See my article, "Till Death (or the Legislature)
do us Part," in the Colonial Williamsburg Journal, Autumn 2003, pp. 30-35.
H, B. Gill
At 06:46 AM 8/10/2005 -0500, Paul Drake wrote:
>Hi, Marietta. The ad does not reveal divorce, however it demonstrates
>that, if true, he had a basis for seeking divorce. Yet, without knowing
>the result of his further actions through courts' minutes or legislative
>acts, you can not so presume. She may have returned, he may have gained a
>divorce from "bed and board" (a mensa et thoro) or he may have been
>granted a full divorce (a vinculo matrimonii).
> ----- Original Message -----
> From: Marietta Sexton
> To: Paul Drake ; [log in to unmask]
> Sent: Wednesday, August 10, 2005 12:19 AM
> Subject: Re: divorce in antebellum America
>
>
> Two of my great, greats (one in VA 1770 and the other in GA 1797 ) posted
> messages in the Augusta Chronicle
> and the Virginia Gazette, basically the same : Whereas my wife-----, has
> eloped from my bed , I hereby forewarn
> all persons from trusting her on my account as I will pay no debts of her
> contracting.
> Neither wife was menrioned in their wills. Wouldn't this signify a
> divorce ?
> Marietta
> ----- Original Message -----
> From: "Paul Drake" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Tuesday, August 09, 2005 8:14 AM
> Subject: divorce in antebellum America
>
>
> I have received a lot of question lately concerning divorce in the
> pre-Civil
> War South. Here is a simplified, copy and paste article with helpful
> end-notes that might help a lot of folks. Paul
> http://www.arches.uga.edu/~mgagnon/students/Marino.htm
>
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>
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