Disabilities of Marriage: Gender and Law in Antebellum Michigan

Abstract

In 1842 Harriet Sawyer petitioned the Michigan Court of Chancery for a divorce on the grounds of her husband Leander's extreme cruelty. She had left Leander once before because of his abuse; then, a beating had left noticeable bruises on her face. Leander Sawyer bragged of his behavior; neighbors later testified to both his treatment of his wife and her physical appearance after the abuse. On the morning of the day Harriet left for the last time, Leander lost his temper. He was verbally abusive, kicked her, and finally threw her out of their house. Leander confessed to all of this in open court. As a defense, Leander's attorneys argued that Harriet was as much to blame as Leander, that she behaved cruelly to him as well, and that the statute provided that no divorce shall be granted where the party complaining is guilty of the crime set forth in his or her petition.1 Leander's attorneys offered only one witness whose testimony about Harriet's alleged cruelty was weak and internally contradictory. Yet, despite the evidence in Harriet's favor, the chancellor postponed making any decision on the case. He acknowledged that it was within his authority to grant either a full divorce or a temporary separation, but he doubted whether he could award alimony to Harriet if he dissolved her marriage. He held the case over until the next term, concluding, The parties may have an opportunity to adjust their difficulties between themselves before that time,