Grossberg And Hartog Reaction Paper - 1071 Words

Grossberg and Hartog Reaction Paper Asha McWilliams In A Judgement for Solomon: The d’Hauteville Case and Legal Experience in Antebellum America, Grossberg outlines the complex legal experiences of the d’Hauteville family and the effect their experiences have on Antebellum America. On August 22, 1837, Ellen Sears and Paul Daniel Gonzalve Grand d’Hauteville were married and moved to Switzerland. In the winter of 1838, Ellen became pregnant and pleaded with Gonzalve to let her return to America to give birth to her child. After much pleading, Gonzalve gave in and let Ellen leave; however, after giving birth, Ellen refused to return to Switzerland, citing cruel treatment from Gonzalve as her reason for staying away. Eventually Ellen†¦show more content†¦Furthermore, they gave legitimacy to Ellen’s claims of mental cruelty. Yet, the court couldn’t give Ellen â€Å"unrestrained maternal power,† so the ruling pertained only to the â€Å"present custody of the child.† This meant that Gonzalve could bring the case again, whenever he so chose. The public reaction was largely divided, with regional and social divisions becoming apparent. The press verdict was far from unanimous, with newspapers in various regions espousing far different ideas. While a Philadelphia paper praised the idea of the discretionary power of judges in protecting the welfare of children, papers in New York and Boston continued to promote the idea of paternal power. Thus, an apparent shift in public opinion was underway. The emergence of divisive new ideas indicated the progressive movement towards greater maternal rights. This drastic change in public opinion can be best understood by analyzing the case of Abigail and Asa Bailey. In 1792, Abigail Bailey was quickly granted a divorce from Asa Bailey. However, Abigail waited twenty-two years to file this petition for divorce, as Asa, first had an affair just three years after their marriage in 1770. It is interesting to compare Abigailâ€℠¢s case to Ellen’s because in both cases, each woman repeatedly cites her hesitation to take legal action because of what she believes to be her duty to her husband. However, what is considered cruel enough to justify breaking