Wednesday, December 29, 2010

The Concurrence of the Senate


Felix Grundy was US Attorney General from 1838 to 1839. In 1804, he was a member of the Kentucky House of Representatives. He also served on the committee which oversaw Polly's case, and delivered same to the Senate for their concurrence.

Day 2 in the musty journal of the Kentucky Legislature. Well, it would be musty if it hadn't been on microprint. I didn't learn anything new, but in the interest of a complete accounting, I submit for your concurrence the following records from the Kentucky Senate, 1804.

Journal of the Senate
of the Commonwealth of Kentucky,
At A General Assembly
Begun and held at the capitol in the town of Frankfort,
On Monday the Fifth Day of November, in the year
of our Lord one thousand, eight hundred and four,
and of the Commonwealth the thirteenth.
Being the fifth session of the General Assembly under the
present constitution of government.

Frankfort
from the press of William Hunter
Printer to the Commonwealth
1804


Wednesday, November 21, 1804, p30f
A message from the house of representatives by mr. Grundy;
Mr. Speaker,
The house of representatives have passed a bill entitled "an act for the relief of Polly McNeff," so which they desire the concurrence of the senate. And then he withdrew.
... and the said bills, being severally read the first time, were ordered to be read a second.

Thursday, November 22, 1804, p32
A bill from the house of representatives entitled "an act for the relief of Polly McNeff;" and a bill entitled "an act for the conditional divorce of Rachel Branham;" were severally read and referred to a select committee of mr. Lancaster, mr. Henderson, mr. Hughes, mr. Ewing, mr. Pemberton, and mr. Thompson.

Tuesday, November 27, 1804, p44
Mr. Lancaster from the select committee to whom was referred the following bills, viz. A bill from the house of representatives entitled "an act for the relief of Polly McNeff;" and a bill entitled "an act for the conditional divorce of Rachel Branham," now reported on the same without amendments.
Ordered, That the first bill be recommitted to the further consideration of the same committee; and the second bill be laid on the table.

Wednesday, November 28, 1804, p46
Mr. Lancaster from the committee to whom the bill from the house of representatives was recommitted, entitled "an act for the relief of Polly McNeff;" reported the same with some amendments, which being severally twice read were agreed to. The said bill with the amendments was read the third time.
Resolved, That the same do pass with the amendments and that the title be "an act for the relief of Polly McNeff."
Ordered, That the clerk do acquaint the house of representatives and request their concurrence to the said amendments.

Tuesday, December 28, 2010

Ordered, that Miss Clark read the Journal of the House of Representatives of the Commonwealth of Kentucky, 1804

Christopher Greenup was Governor of the Commonwealth of Kentucky from September of 1804 to September of 1808. On December 6, 1804, he signed "An act for the relief of Polly McNeff"

Over Thanksgiving vacation, I found a journal article called "The Myth of the Abandoned Wife: Married Women's Agency and the Legal Narrative of Gender in Eighteenth-Century Kentucky" by Honor R. Sachs. It's an interesting piece, and essentially argues that regardless of the circumstances under which a marriage disintegrated in late 18th and early 19th centuries in Kentucky, the lawmakers that approved legislative divorces had a certain set of expectations. Marriages didn't fail because a woman wanted to leave her husband or make her own way in the world. They failed because these poor women were abandoned by their way-ward husbands. So, that's the grounds on which most divorces were based.

It was interesting - but I was looking for instructions. I got them. The article included an explanation of the legislative process that divorces underwent. I learned that each of these were debated in the legislative bodies, and that there are references to them in the Journals of the legislature.

Can they be entirely believed? Maybe not, but finding references to Polly's suit would certainly shed light on the situation. Much to my surprise, the University of Utah library has the records. They're found on an archaic medium - and it took me three library trips to finally access the information. But I did it. I now submit for your approval, dear reader, the results of my evening's perusal.

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Journal of the House of Representatives of the Commonwealth of Kentucky
Begun and held at the capitol in the town of Frankfort, on Monday the Fifth of November, in the year of our Lord One Thousand, Eight Hundred and Four and of the Commonwealth the Thirteenth.
Frankfort, From the Press of William Hunter, Printer to the Commonwealth, 1804.

Friday, November 9, 1804, p. 18
Also a petition from Polly McNeff, praying that a law may pass, granting her a divorce from her husband, John T. McNeff; were presented and read, and ordered to be referred to the committee of religion.

Wednesday, November 14, 1804, p26
Mr. Russell from the committee of religion, made the following report viz.
The committee of religion have according to order had under consideration the petition of Polly McNeff, to them referred, and come to the following resolution thereupon to wit:
Resolved, as the opinion of this committee, that the said petition, setting forth that the said Polly did some years past, intermarry with John T. McNeff, who about two years past left the said Polly with three small children, without the smallest means of support; that the said Polly by industry, has procured a bare and scanty maintenance for herself and children, and is apprehensive that the said John will return and take that little earning from her, and praying that she may be divorced from the said John T. McNeff - is reasonable.
Which, being twice read, was concurred in.

Monday, November 19, 1804, p40
"A bill for the relief of Polly McNeff;" was read a second time, and committed to a select committee of messrs. F Grundy, Watkins, Spaulding, and J Grundy.

Tuesday, November 20, 1804, p42f
Mr. F. Grundy from the select committee to whom was referred "a bill for the relief of Polly McNeff, reported the same with an amendment, which being read, was agreed to by the house. The said bill with the amendment was ordered to be engrossed and read a third time tomorrow.

Wednesday, November 21, 1804, p47
The engrossed bills with the following titles, were severally read the third time viz "An act for the relief of Polly McNeff" ...
Resolved, That the said bills do pass, and the titles be as aforesaid.
Ordered, that mr. F. Grundy carry the first bill to the senate and desire their concurrence.

Wednesday, November 28, 1804, p67
A message from the Senate by mr. Lee their secretary;
Mr. Speaker,
The senate have passed a bill entitled "an act concerning attornies at law;" in which they desire the concurrence of this house. They have also passed the bills from the house with the following titles, to wit; "An act for the relief of Polly McNeff." And "an act for the relief of Rachel Branham;" with amendments, in which amendments they desire your concurrence. And then he withdrew.

Thursday, November 29, 1804, p69
The house then proceeded to consider the amendments proposed by the senate to the bills with the following titles, viz. An act for the relief of Polly McNeff. An act for the conditional divorce of Rachel Branham. And an act erecting sundry counties into election precincts; and the said amendments being severally read were concurred in.

Monday, December 3, 1804, p76
Mr. Kercheval from the joint committee of enrollments, reported that the committee had examined the enrolled bills with the following titles, viz. "an act for the relief of Polly McNeff;" and "an act giving Alvin Montjoy the further time of one year to erect a slope upon South Licking;" and that the same were truly enrolled. Whereupon the speaker affixed his signature thereto.

Friday, December 7, 1804, p84
A message from the Governor by mr. Gano:
Mr. Speaker,
The Governor has directed me to inform this house that he did on the 6th inst. approve & sign the enrolled bills with the following titles, viz. "an act for the relief of Polly McNeff;" "giving Alvin Montjoy the further time of one year to erect a slope upon South Licking;" "for the conditional divorce of Rachel Branham;" "erecting sundry counties into election precincts;" "for the relief of John Lewis;" "adding a small portion of Cumberland to Adair county." And he withdrew.

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And he withdrew. Did it solve anything for Polly? Make her sleep better at night? May I point out to those of you keeping count that it says she had *THREE* small children. (Let's hear it for Nancy McNiff Chamberlain! Daughter?)

With most discoveries, this increases my "to-do" list. Next up, the journal of the Senate ...