The Law Of Baron And Femme Of Parent And Child Guardian And Ward Master And Servant And Of The Powers Of The Court Of Chancery

In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits. Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right. As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.

On an autumn day in 1866, Wiley Ambrose and Hepsey Saunders, two former slaves who lived as husband and wife, received a knock at their door. Three men from a plantation in Brunswick County, North Carolina, presented court-ordered apprenticeship papers authorizing the immediate seizure of the couple's daughters, fifteen-year-old Harriet and thirteen-year-old Eliza. After a brief stay in jail with other children, the sisters were sent to work as plantation servants and field hands until age twenty-one. With that startling example, Karin L. Zipf begins Labor of Innocents, the first comprehensive exploration of forced apprenticeship in North Carolina. Zipf refuses to nostalgically view apprenticeship as a benign form of vocational training for children and instead presents irrefutable evidence that the institution existed as a means to control the composition and character of families, to provide alternate sources of cheap labor, and to ensure a white patriarchal social order. Codified by law, involuntary apprenticeship allowed courts not only to define who was an unacceptable parent but also to indenture their children. Disproportionately affected were the poor. Zipf details the continual fluidity of the institution from its colonial origins to its twentieth-century demise. Over two hundred years, the definition of an unfit head of household variously included black men, any woman, and widowed or unmarried white women, depending upon the current social and political agenda of authorities. Parents of both races and sexes challenged the laws vigorously and repeatedly to no effect until progressive reforms ended apprenticeship in 1919 with passage of the Child Welfare Act. An impressive blend of legal, social, and labor history, Labor of Innocents illuminates past concepts of family and the realities families endured.