divorce

Classified ad, New York Herald, March 30, 1861

1852

Sunday Dec 19th  Have not got over the effects of my

journey yet and did not feel like going

to meeting was intending to have a quiet 

time reading but Mrs. H Ames came in

soon after they left and staid untill after

the[y] got home. Talking over her trouble & by

her account Horatio is very much to blame

and no one could live with him

Still recovering from her recent trip to New York, Evelina was hoping for some “quiet time” at home while others went to church. She had just settled in with something to read when her sister-in-law, Sally Hewes Ames, came in. Sally needed to talk, and Evelina had no choice but to listen.

Sally stayed for hours “talking over her trouble” with her husband Horatio. As would be shown in the divorce documents, Horatio committed adultery “with divers women in New York.”** He was verbally cruel to her and their children. “No one could live with him” was the consensus of the women.  But divorce!

Divorce wasn’t easy in the nineteenth century. Like today, divorce laws varied from state to state and were typically quite strict. The process was intrusive, recriminative and not for the faint of heart. When the century began, in many places divorce could only be obtained through an act of the state legislature. By mid-century, however, the laws were loosening up, but still varied widely. Indiana, for instance, was the Reno of its day:

During the 1850s, Indiana was widely condemned as a Midwestern Sodom for its relatively lax statutes. Couples there obtained divorces on any grounds that a judge ruled “proper” – attracting a flood of applicants from out of state. The editor Horace Greeley lambasted the Hoosier State as “the paradise of free-lovers” whose example would soon lead to “a general profligacy and corruption such as this country has never known.” (In 1859, its legislature finally voted to require a year’s residency before allowing a divorce suit to be heard.)[…]

South Carolina stood at the other extreme. Since the Revolution, the Palmetto State had refused to permit divorce for any reason whatsoever. Although a court might, very rarely, grant an annulment, most disgruntled spouses had no recourse except to abandon each other. (In fact, South Carolina did not pass its first divorce statute until 1949.) In many states, including New York, divorce was often only granted on condition that neither spouse could remarry – which was supposed to safeguard public morality by ensuring that no one could trade in an old partner for a new one. In North Carolina, the “guilty party” was forbidden to remarry during the lifetime of the “innocent party.” *

Sally Hewes Ames would obtain her divorce in Connecticut, in August 1853. She was set free, but at great cost; the rift permanently altered the relationship of Horatio with his children. Horatio himself remarried in 1856.

What might Old Oliver have thought about this episode? He doesn’t say, only remarking that this Sunday “was a cloudy day most of the time wind south west + not col – Horatio s Wife + Horatio Jun r are here”***

*Adam Goodheart, Divorce, Antebellum Style, NYT, March 18, 2011, The Opinionator

**Gregory Galer, Robert Gordon, Frances Kemmish, Connecticut’s Ames Iron Works, New Haven, 1998, p. 157

***Oliver Ames, Journal, Stonehill College Archives, Arnold Tofias Collection