Full Description
From debt to divorce, from adultery to slander, cases with women as plaintiffs, defendants, or both appeared regularly on docket books in antebellum Illinois. Nearly one-fifth of Abraham Lincoln's cases involved women as litigants, and during the twenty-five years of his legal career thousands of women appeared in Illinois courts, as litigants, criminal defendants, witnesses, and spectators. Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.
Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.
Contents
Foreword Michael Grossberg ix Acknowledgments xiii
Introduction Daniel W. Stowell 1
PART 1: CONSIDERING GENDER AND AGE IN THE COURTS
1. Femes UnCovert: Women's Encounters with the Law Daniel W. Stowell 17 2. "For the Well-Being of the Child": The Law and Childhood Dennis E. Suttles 46
PART 2: MARRIAGES, FAMILIES, AND PROPERTY IN CONFLICT
3. Dissolving the Bonds of Matrimony: Women and Divorce in Sangamon County, Illinois, 1837-60 Stacy Pratt McDermott 71 4. Inheriting the Earth: The Law of Succession John A. Lupton 104 5. Wives, Widows, and Will Makers: Women and the Law of Property Christopher A. Schnell 129
PART 3: "CASE" STUDIES
6. The Law in an Illinois Corner: The Impact of the Law on an Antebellum Family Stacy Pratt McDermott 161 7. "Infamous Outrage and Prompt Retribution": The Case of People v. DelnySusan Krause 182 8. Her Day in Court: The Legal Odyssey of Clarissa Wren Daniel W. Stowell 204
Contributors 229
Index of Cases 231
General Index 233
