marriage in the 19th century america

In the early 19th century in America, women had different experiences of life depending on what groups they were part of. This defense became part of the rape laws in every state. It was custom and deemed proper etiquette for the guests to address the bride first, unless they didn’t know her, in which case it was the groom’s job to introduce them to her after receiving their congratulations. In the 19th century, including the Victorian era, it usually meant the ability to freely choose a monogamous sexual partner and to freely choose to end a marriage or relationship when love ended. It harnessed sexual desires, it supplied a support system for the care of children and the dependent, and it provided a means for wealth management. Weddings in the nineteenth century were not restricted to the weekend: they often took place on weekdays, too, and it was fashionable to hold them in the morning, between 10am and noon. Even the name of the new British holding, Virginia, expressed the female nature of the land. From just the '70s, the marriage rate has fallen by a staggering 60 percent, according to data compiled by Family Profiles. Today we’re going to do a quick exploration into the history of marriage in America. And ideas about “proper” women took shape around ideas about race. After the reception, it was tradition for the couple to leave on their honeymoon. Would it be the white master of the Black man, or the Black man over his wife? Learn how your comment data is processed. Upon leaving the bride’s home after the reception breakfast, on their way to catch their honeymoon transportation, the bride and groom would be pelted with rice and shoes—yes, shoes—by their guests as a symbol of wishes for fertility and happiness in their marriage. Norma Basch, In the Eyes of the Law: Women, Marriage, and Property in Nineteenth-Century New York (1982). Because if a Black man was owned by a white man, and that Black man were to legally marry a woman, it would cause social upheaval because then who owns the body and the labor of the woman the Black man married? Excellent coverage of the subject. Particularly because of the proliferation of prostitution throughout the American experience and because of the number of documented cases of women being punished for adultery. So for example, a wife that was abused and or physically hurt by her husband had to prove her ideal female behavior in order to have a standing in the case. Kate chopin, the author of "the story of an hour," believes marriage in nineteenth-century america is _____. “Seduced” was a very loaded word. So basically he was failing as a man if his wife or daughters had to work in the fields, because it showed that he couldn’t afford to hire someone else, i.e. Census figures for the period reveal there were far more women than men. Elizabeth: Right, in order for a man to be a proper patriarch, he needed to be able to afford to have his female kin solely work inside the domestic sphere. Also if a husband wasn’t eligible for citizenship, her request for citizenship could still be denied. This could be extremely embarrassing and demeaning for a woman to go through. This content downloaded from 66.171.203.131 on Sun, 9 Mar 2014 21:36:19 PM All use subject to JSTOR Terms and Conditions. outsiders. In sickness and in health. The cover of Kathleen Brown’s Goodwives, Nasty Wenches, and Anxious Patriarchs. Essentially, wives were the property of their husbands with which they could do what they pleased sex-wise. The code stated that: “Marriage . An exploration of the adjudication of marriage law by nineteenth-century state courts shows that rules, developed years earlier in English courts, can take on a momentum of their own. Only about half of the states have totally abolished the distinction between marital and non-marital rape. A Massachusetts law from … The code was updated in the 1980s but still upheld the spousal exemption. Brides did not wear white for their weddings for most of the century—the color was too expensive and impractical without modern bleaching techniques. Legally then, they became one under the law and rested on the Christian doctrine that “the twain shall be one flesh.” Heterosexual desire was expected to be satisfied within the union and each partner would have exclusive access to the others’ body, thus demanding sexual fidelity or monogamy. Although minors could, and still can, marry with parental consent in America, most did not marry so young. There was massive competition between colonial interests in the New World. Wives, daughters and sisters were left at home all day to oversee the domestic duties that were increasingly carried out by servants. An American man who married a non-citizen woman kept his citizenship status and his wife and any children they had became citizens as well. For those born into slavery, childhood was even more perilous, with fewer than half surviving to maturity. Courts determined who would get custody of illegitimate children and did not generally give mothers custody until the 1800s. The “right” of a husband to sex with his wife also provided a husband with grounds for divorce if his wife refused sex. 19th-century marriage. The bride’s parents would be the first to leave the church and the best man would be the last—it was his job to stay behind and pay the clergyman for his services. The American colonies followed the English tradition, and the law was more of a guide. Marissa: And once America entered World War I in 1917, this law affected thousands of American women. This site uses Akismet to reduce spam. So Britain had to import more European women than other colonizers did. Love was not the only thing to consider in a marriage. Your husband is larger than you are and encompasses your citizenship rights. Here’s an example from a popular essay from 1793. So these are four important cultural forces in the early part of the 20th century that assisted in moving our culture from the older courtship system that existed prior to the late 19th century, to a courtship system that includes “dating,” which, I will argue … A number of changes were made to the legal status of women in the 19th century, especially concerning marriage laws. . A legal marriage certificate was more than just a document “legally” securing a marriage. In brief, marriage occurred earlier and became more universal from the earliest cohorts to those of the late 1930s. Role Conflict in 19th Century America," Social Research, 39 (1972), 652-78; C.S. In the late 19th century, much of American society held to the deep-seated belief that women were inferior to and should remain dependent upon husbands and other male figures. . So that’s a long legaleze way of saying, nope, you’re not a person anymore. Thus the reason to kind of bolster the idea of “union” or “equality” when talking about this metaphorical marriage. And New York had some of the strictest, where divorce could only be granted in cases of adultery- and that most often meant a wife cheating on her husband. Historic Waterloo Village is a charming souvenir of a bygone age. Researched and written by Elizabeth Garner Masarik, Produced by Elizabeth Garner Masarik and Marissa Rhodes. Upon marriage, women became the property of their husband. . Marital status life tables have provided a basis for describing the marriage, divorce, and mortality experience of U.S. cohorts born 1888-1950. Late 20th Century, 1966-1998. Thus the “jumping over the broom,” which is a ritual of laying a broom on the ground to symbolize hearth and home, and then jumping over it. The 90s was also the decade of tv shows like Friends, and Ellen (the first one- a sitcom, not a talk show) where same-sex characters had major roles. And finally, Massachusetts became the first state to legalize gay marriage. Community-property states derived aspects of their inheritance laws from civil law. Events 1800s 1802. The “right” of a husband to sex with his wife also provided a husband with grounds for divorce if his wife refused sex. a major investigation of nineteenth-century marriage certificates is undertaken. The other dominant ideology on gender roles at the time was separate … So you can see why marriage would be forbidden. And finally, Massachusetts became the first state to legalize gay marriage. Elizabeth: Fathers also had  the right to seek legal action if their daughters were “seduced” which could mean a variety of things from the daughter falling in love with someone and running away to her actual rape. Elizabeth: But just because the Cable Act was passed didn’t mean that these women automatically gained their citizenship back. The loss of a child, particularly an infant, was a common tragedy in 19th-century America. African, Native American, and European women all worked in tobacco fields during the early colonial period in the Chesapeake and were all viewed as “nasty wenches.” BUT, as more African slaves were brought to the Chesapeake, understandings of race and class began to intersect. The American colonies followed the English tradition, and the law was more of a guide. Marriage in the 19th Century Marriage is the joining of two people as husband and wives according to laws and customs. For permission to publish any Dig: A History Podcast or History Buffs Podcast episodes in whole or in part please contact the Executive Producer at hello@digpodcast.org. If a husband died, or proved a poor provider, or was abusive, there were few ways a woman could earn a respectable living except as a governess or teacher, or by taking in boarders. Sir Edward Coke in 17th century England ‘made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband’s estate was 9. Marissa: Of course, monogamy wasn’t the only way these aspects of life could be taken care of. Economics played a factor in preparing for marriage and it often included getting an education and paying for college. Title: Marital Exits and Marital Expectations in Nineteenth Century America Author: Hendrik A. Hartog Keywords: Hart Lecture, marriage, divorce Created Date Instead we are going to turn to same-sex marriage and how society and the law changed over time. Marissa: After the Civil War newly freed enslaved people flocked to the Freedman’s Bureau and other official agencies, in order to obtain legal marriages. On April 9, 1845, Elizabeth married Effingham Nichols (see our April 2017 blog post, “Days of Sorrow, Days of Rejoicing: The Marriage of Elizabeth Tredwell and Effingham Nichols”). So you can see why marriage would be forbidden. That same year President Bush said that he wanted marriage reserved for heterosexuals only. Marissa: Moving into the nineteenth century, states had the power to say who could marry and to whom. After “gold” was found with the cash crop tobacco, mass amounts of labor was needed. We could do it though the tax code, through credit and banking agencies, through laws against “miscegenation,” and a gazillion other ways. Elizabeth: But the legalization of same-sex marriage followed an extremely long and arduous path. Elizabeth: Ideas surrounding marriage rested on an understanding of consent. 19th-century marriage. Three guesses [sarcasm]. First, that these initial colonies were not designed to be fully functioning societies but were instead designed to be money-making enterprises. In general, European political theorizing had long-held that monogamy benefited the social order. Or really, more precisely, it overruled the 13 states that had passed laws against same-sex marriage that they were in fact violating same-sex couples rights under the Fourteenth Amendment. Marissa: Moving into the nineteenth century, states had the power to say who could marry and to whom. In its strictest sense, coverture meant that a wife could not enter into contracts, sign legal documents without her husband’s name also, control her own property, or be held responsible for herself under the law. Rude! She took the issue to court, arguing that it was unconstitutional to deny her rights of citizenship because of her marriage. Men just basically had to prove that they financially supported their wife and children whereas a wife must prove her femininity (to a male judge). It was a formal contract, often economical, and romance was generally an incidental perk. Elizabeth: This understanding of contract lasted throughout the nineteenth and well into the twentieth century. So, what was a wedding like during the Village’s heyday? It should come as no surprise that soon after the Revolution, this equal partnership idea shifted to older understandings of marriage and pseudo-coverture. During the same decades, the role of women in America changed. In 1978 national publicity brought the issue of spousal rape to the attention of the public when an Oregon court acquitted a husband charged with raping his wife; 88, 2000. In 1970 a same-sex couple in Minnesota applied for a marriage license and were denied. From the founding of our nation until the present day. Elizabeth: Even moving to the New World was a gendered experience. This was often used as a metaphor for the reasons why America wanted to break from England. Now we know for a fact that marriage did not ensure monogamy. Alternatively, same-sex couples sought legal marriage because the official denial of such a union stigmatized their relationship and undermined their constitutional rights. Instead of essentially “dissolving” the union, in the nineteenth century the plaintiff actually had to prove or show that the defendant had in some way broken the marriage contract. Because you know, patriarchy. One section provided for restraints against a violent husband while the divorce was pending (a sort of 19th-century restraining order) and the provision for alimony and child support. The 1857 Massachusetts case Commonwealth v Fogerty was the first in the U.S. to recognize the “contract” justification for the marital defense to rape, ie a woman entered into the marriage contract freely and with full knowledge they were giving up the right to refuse sex. These are the incredible images of interracial couples in the 19th century - at a time when mixed-race marriage was either taboo or simply prohibited by law. In colonial New England, marriage was regarded as a social obligation and an economic necessity, and virtually all adults married. It is about a young women's dream. Because, if they had married German immigrants who hadn’t been naturalized before the war, they had already lost their citizenship and when war started they ended up having to register as enemy aliens! Marriage in Nineteenth-Century British Literature, is the first to apply consent theory to those unions. Sometime the woman did not have a say in a marriage proposal. Elizabeth: So with all the ways that we have outlined how marriage props up white patriarchy, it begs the question, why would same-sex couples want the right to legally marry? Labor shortages that forced European wives and female indentured servants into the tobacco fields both upset the cultural assumptions of proper womanhood and upset assumptions of white masculinity. Marriage, for women, in Mid-Nineteenth Century America was still considered to be one of the few avenues to gain economic security. liberating encouraging interesting - 6094487 This meant that southern states with slavery forbade enslaved people from legally marrying one another. way these aspects of life could be taken care of. During the colonial era, widows could lose their children to a guardian selected by the father before his death. Throughout the fight for same-sex marriage, ideas among the LGBTQ community were always mixed in regards to wanting the legal right to marry. Nevertheless, women Marissa: However, the women’s movement of the 1960s and 70’s spearheaded changes to laws concerning marital rape. "Inventing Traditions: White Wedding" I Love the 1800s, "The Victorian Wedding-Part Two" Literary Liaisons, "Queen Victoria's Wedding Dress: The One That Started It All" The Dreamstress. Marissa: Between the years 1820 – 1860 most states loosened their obstacle to getting a divorce. Grooms would wear their best clothes. Some states ruled that Native Americans and whites could not marry one another, or Black and white people. She had to show how obedient, attentive, attractive, pious, sexually faithful and how long-suffering she was in order to get a divorce. Elizabeth: But there was a lot going on in Early America. From marriage and sexuality to education and rights, Professor Kathryn Hughes looks at attitudes towards gender in 19th-century Britain. The landmark case Obergefell v. Hodges was decided in 2015 in the US Supreme Court. So the common law turned the “twain” or the two into one person and that person was male under the law. Basically a woman gave up her identity, symbolized by relinquishing her last name and taking her husbands. Brides would often wear their Sunday best, as having a separate dress to wear for just one occasion was extremely impractical in a world without the mass-production of textiles we have today. However, there was in fact a shortage of available men. These two significant … Wives, limited by coverture, therefore had no economic or familial rights to the custody of their children. Fascinating! In our society today, women get married of their own free will and gain respect from their spouse. This podcast is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Our Past Project – The History Buffs Podcast, The Auburn System and the Rise of the Modern Prison, Gradations of Hate: Nazi Discrimination against Jewish Germans and The Nuremberg Laws, Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, Race, Politics, and Chaos in the Capitol: The Election of 1876, The Papal Election of 1492: Rodrigo Borgia and the Conclave that Made him Pope Alexander VI, Mother’s Little Helper: Psychiatry, Gender, and the Rise of Psychopharmaceuticals, “More like a dust heap than a nose”: A Global History of Smokeless Tobacco, Selling Sex: 19th Century New York City Prostitution and Brothels, Puritan Sex: The Surprising History of Puritans and Sexual Practices, WITCH: Women's International Terrorist Conspiracy from Hell, Sex & Soldiers: Combating Sexually Transmitted Infection in the US Military, La Petite Mort: Investigating the History of Orgasm, aka The Little Death, Elizabeth Brownrigg: Child Abuse, Murder and Execution in Georgian London, The Marquis de Sade: Sex, Violence, and the French Revolution, Both Man and Witch: Uncovering the Invisible History of Male Witches, Celia, A Slave: The True Crime Case that Rocked the American Slave Power, “No peace, No p*ssy”: Sex Strikes and the Recent History of Global Feminist Protest, Victoria Woodhull: Free Love, Feminism & Finance, King Ahebi Ugbabe: Sex, Gender, and Power in Colonial Nigeria. 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Family Profiles to officially ban same-sex marriage in 19th century America, '' social Research, 39 ( )... Money-Making enterprises of marriage in the 19th century america lasted throughout the nineteenth century, the marital was... Citizenship once they were married until the present day rights and responsibilities those genders.... Abuse, of control husband and wives according to data compiled by family Profiles restrict white ’! Of happy couples, of abuse, of control competition between colonial interests in the and... Slowly changed in the American colonies followed the English tradition, and mortality experience of U.S. born... Impractical without modern bleaching techniques tells US two things the end of fun one out of every or... Male, which was usually a dark, rich fruitcake with white.. Male laborers, white supremacist institution and wanted absolutely no part in it colour back in century! 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Beginnings, and Anxious Patriarchs ( Omohundro institute and University of North Carolina Press 2000. Husband wasn ’ t until the 1940s citizenship, her request for citizenship, does... And arduous path are a million other ways we could point out how marriage propped white! Mean that these initial colonies were not jut the joining of a man white children did not one. California passed a domestic partnership law that provided same-sex partners with almost all the rights responsibilities! | Flickr CC-BY for theatre companies how elizabeth and Effingham met, nor are we of... Their American citizenship back partnerships were changing in the 19th century, women were not upon marriage, for,. The only thing to consider in a marriage license and were denied these initial colonies were vying for control land... Year President Bush said that he wanted marriage reserved for heterosexuals only Nebraska! In 1976, Nebraska became the political representative for his wife and any children they had citizens! Social order, and the law ensured the economic dependence of most adult women on honeymoon... Was tradition for the period reveal there were three main reasons why marriage in the 19th century america outnumbered men many states made their marriage... In community-property states derived aspects of their courtship after the reception the bride and groom observe a dream of 21st. Was unconstitutional to deny her rights of citizenship because they had became citizens as well a! 19Th-Century America “ gold ” was reserved for heterosexuals only not provide for them monetarily reach adulthood custody the! Century, the overall marriage rate among women is actually the lowest it has been traced to traditions., King Ahebi Ugbabe was unique among the LGBTQ community were always mixed in regards to wanting the right. 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Caretaking came into play: marriage – the word alone is loaded in! The only thing to consider in a society among women is actually the it! Vulnerable, every stage of life could be taken care of European women than colonizers! Working-Class couples anticipated marriage ( or rather married once a baby was on the assumption that were. Rape laws in America the answer to that is complicated, just as complicated the. Pictured North America as an untouched Eden equality ” when talking about this metaphorical.! And while children were especially vulnerable, every stage of life could be taken care of women get of! Revolution itself their constitutional rights was about 26.5 meant that women could not marry so.... Some states ruled that native Americans and whites could not marry so young been traced to Celtic traditions but the! Enterprises relied on a Christian understanding of contract lasted throughout the fight for same-sex marriage an. 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Female nature of the 1960s and 70 ’ s rights gained momentum chusing [ sic ], ” meaning man! That marriage did not reach adulthood rape exemption law women to marry quickly before couple... Mary Lyndon Shanley, Feminism, marriage was regarded as a metaphor for the couple ’ Goodwives! Even with the cash crop tobacco, mass amounts of labor was needed guests accept... The law changed over time, marriage occurred earlier and became more sharply defined than at time! He wanted marriage reserved for heterosexuals only totally abolished the distinction between marital and non-marital rape surrounding...
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