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Winter-2003.Pdf X 01110 AL!.EY EDITORIAI. BOARD HISToRY Sl'.AFF Conipton Allyn Christine 1..Heyrman Josepl,P.Reidy Cinciniati Mtfseifi,t C.ejiter U,1iversity of Delaivaye Howard University Ecli toi·s Histor AdiJis, Butird Durrill ry Wityne K. 1. Blaine Hudson Steven J. Ross Clivist,)1}her Phillips Stepbe,i Aron University of Lotilst,ille University of Southern Del)artmeit cif History University of California California University of Cincinnati R.Doliglas Htirt at Los Angeles lowa State Unit,ersity Harry N.Scheiber Editors loan E.Cashiii University of Califori: Managing lanies C Klotter ia Berkeley lennift' Reiss Ohio State University at r eorget(ium College The Filsc·, Historical Society 11 Andree R, 1.Caytcm Steveit M. Stowe Bruce L.evine Ruby Miami Umversity Indwita Universitr Rogers Uitiversity of Califunlia Cikici,iliati Misetim Center R.David F.dnitinds at Santa Cruz Roger D. Tate University of Texas at Dallas Somevset Commuility Editorial Assistant Zane L. Miller College Cathy Collopy Ellen I Eslinger Unipersity 04 Cincimidti Departnient of History DePaul Univers,tr Joe 1)(<Trotter ./ Elizabeth A.Perkins r. Univeysity of Cincinnati Cmnettte Melon University Craig T. Friend entre College University11 ( ritiral (' Florida Akma Waller James A. Ramage Univeysity of Connecticia Northern Kentucky Ui,iversin C]> MUSEUM CENTER ICINNA71 THE Fil.sON HISTORIC:Al BOAIll) TRUSTEES 01: SOCIETY BOARD OF DIRECTORS Chair Helen Blcick President 1.al,r,1.OMR H. C.Brick Nieboff David B<,1,1 Steven R. Love Dr.R. Ted Steinbock Ronald D. Bytiwi, Craig Maier Past Cbair Vice-President Otto M.Budig,Jr, St) P.Murphy 4:lerie I..Newell etian Emily S. Bingham Brian Carley Robert Olson Vice Chairs Richard O. Coleman Scott Robertson Secretaiy-Treasurer Ken Lowe Bob Coligblin Elizabeth york Schiff Henry Ormsby Greg Ke,; iry Diane L. Dewbrey Steve C.Steinman Director Rojitild rysoc' MartinL R. 1) 1,in Merrie Stewart Stillpass Mark V. Wethel·ington 1. Gart, Charles H. Gerbaydt, ine ey Ill 101)11 T.Taylor Turitey P.Berry Dee Gettler james I-Turner Treast{,·er Sandra A. Frazier Willi, George H. Vincent im C. Portman,111 Leslie Hardy Michael N. Harreld R. Keith Harrison Charles Westheimer Secretary J. Blaine Hudson olin W Hauck jennifer P. Mooney Daniel H.lones Mark J. Hauser Margaret BaTT Kulp President and CEO Tinior/by E. Holierg Tbomas T.Noland,In Douglass W. McDonald Robert R Kistinger Bari>am Rodes Robinson Vice President of Museu„ts Nicholas X. Simon John E.Flenzing I. Walker Stites,Ill Dace Brotun Stubbs David Y.Wood Ronald R. Van Stockum,Jr. Obi'(;Valley Society. 310[ S. Third Street History (ISSN Dep.irtment of Haste,r>' subscriprion to Ohio Valley 746-3472) published ouisville. is in Kentucky.40208. University of Cincinnan. History. Back issues are 8.$00. Cincinnati. Ohio.and Editorial Offices located ar Cincinnati Museum Center and For more informanon on Louisville, Kenrucky,by the University of Cincinnati, The Filson Historical Society are Cincinnarl Museum Cenrer, Cincinnati Museum Center and Cincinnati. Ohio. 45221 -0373. private non-profit organizations including membership,visit The Filson Hisrorical Society. Contacr the editorial offices ar supp{,rted almost entirely by www.cincyniuseum.org or call Periodi:.11 postage paid at [email protected] or gifts.grants. sponsorships. 513-287-7000 or 1-800-733-1077. Cincinnati,hio, (} with.in durrilwk@cm ail, uc.edu. admission and membership fces. For more informarion on The additional entry at [ouisville, Obio Valley Hisroiy isa Meniberships 1(,C.7.Citinati Filson Historical Socier>: collaboration l'he 141son Ken[ucky. ot I list,)ry Museum ar Cincinnati incticling membershiB vsir P<,st„,£send address orical Museum Center The FlIsOn TS¢er I liS[ S<}Ciet>-,C incinnari or www.filsonhistorical.org or call changes I„The Filson Historical 1 uscum Center,and the I lisrolical Socierv include a 502-635-5083. © Ci.Kinicitti Museum Center and Thc 1·its„,i Historird Sciricty 2003. OHIO VA LLEY HISTORY - -- OHIO VALLEY HISTORY Volume 3, Number 4, Winter 2003 A Journal of the History and Culture of the Ohio Valley and the Upper South, published in Cincinnati, Ohio,and Louisville, Kentucky,by Cincinnati Museum Center and The Filson Historical Society,Inc. Contents The Myth of the Abandoned Wife: Married Women's Agency and the Legal Narrative of Gender in Eighteenth-Century Kentucky Honor R. Sachs r0 Thomas Worthington and the Great Transformation: Land Markets and Federal Power in the Ohio Valley,1790-1805 Gautbam Rao 21 A Border City at War: Louisville and the 1862 Confederate Invasion of Kentucky Stepben I. Rockenbacb 35 Tecumseb./ Performed at the Sugarloaf Cover:Color illustra- Mountain Amphitheatre, Chillicothe, Ohio Frank Leslie' Non from s William H. Bergmann 53 Illustrated Newspaper, October 18,1862,of of Richard Review D. Mohr's Pottery,Politics, women and children fleeing Louisville by Art:George Obr and tbe Brothers Kirkpatrick. order of General Wayne K.Durrill 56 William Nelson because of tbe expected Reviews 60 bombard,nent. The Filson Historical 68 Society Upcoming Events Announcements& Index 72 WINTER 2003 1 Contributors doct(,ral candidate HONOR R. SAc:HS is a in U.S. Wonlen's History at the University of Wisconsin, Madison. She currently holds the J. Willard Hurst Fellowship in Legal History at the University of Wisconsin l.aw School. This article derives from a paper presented at The Filson Institute Conference, I Constructing and Recc,Iistructing a Region: 21 st-Century Approaches tc,the Ohio Valley's History,"held at The Filson Historical Sc,ciety in May 2003. GAUTHAM RAO IS A PH.D. candidate in American History at the University of Chicago. His dissertation focuses on the legal culture and administrative capacities of the antebellum federal state. This article derives from a paper presented at The Filson Institute :onference,C'. "otistructing and Reconstructing a Region: 21"-C:entury Approaches to the Ohio Valley's History," held at The Filson Historical Society in Mav 2003. doctoral candidate STE:rHEN I. ROCKENBACH is a in American History at the University of Cincintiati. He currently holds a Charles Phelps Taft Fund Dissertatic,n Fellowship. doctoral candidate 11.LIAM H. BERGMANN is a in American History at the University of Cincintiati. He is the former editorial assistant of Obic,Valley History. WAYNE K. DuRR,11. is Associate Prc,fessor of History at the University ot Cincinnati. 2 OHIO VALLEY HISTORY The Myth of the Abandoned Wife: Married Women's Agency and tbe Legal Narrative of Gender in Eighteenth-Century Kentucky HONOR R. SACHS Tbe fictional tale aborit trial 1791, Ke,itticky Gazette ran a a man on for rape. In the Isle" of Man, the story went, a >oung Woman pros- the court for sentencing. According" to the custc,in of the island, the judge deliveredecutedtoa theyoungwomanmanofa rope,thatplacea sword,forrape.and a Foundring. andguilt>: by" hethesecamepresentsbefore the young woman had her choice,whether she would hang, behead,or marry hitii." The woman picked the ring, which they all agreed was the" severest punishment."' While most likely intended as a joke, this tale alsc, carries valuable commen- 1 4.- tary about the ways that gender oper- A.Ar/#r, ated in the law and in everyday life. On 1 *'-4 -/4.,- the one hand, this story pokes hm at <4 497. 9+ 44 24 the uneven relationships between hus- bands and wives in their everyday 4% t. #--45 )· 01 mar- 4 ried lives. At the same time,it describes ...I*,··' · *,'1.i< .. · %- how the could 0, rm#*- 4 z.£*4'18*Dqktil' 4 courts use marriage as a 40 . 4 7 , i' ff ,<«Mt<4 ex ishment"remedy forofsocial problems.would The pun-" the 1»»' » 3' marriage prevent 1 4 .- '' J. accused from further criminal activity. The punch line of this tale illuminated ' ' »] + < <»1; - ' 14 - tensions between the legal meanings of marriage and the lived experiences of r ) / , 4 · ·--b '.-«' 7 - 4* husbands and wives. This essay contrasts the vision of marriage structured by early Kentucky An" Anierican Log-b()use," lawmakers with the more contentious lived experiences of husbands and wives engravt,ig trom a drate/,ig by Vict(,7 C.ollot,ca. 1796. on the eighteenth-century frontier. More specifically,it explores the ways that Published by Collot iii A lawmakers approached the idea of divorce within the larger of state context Journey in North popular vehicle marriage practices as a into broader questions about legal and American, Paris, L 825. Filson Historical cultural meanings of gender. Legislative divorces in eighteenth-century Ken- The Society tucky marked out a dependent role for women in such a way as to mask the significant contentiousness of everyday marital life on the frontier,while ob- WINTER 2003 rn THE MYTH OF THE ABANDONED WIFE scuring our view ot gender relations iii the early West. By giving closer attention to legal sources as constructed documents, per- sistent images of women in the eighteenth-century backcountry as lotiely tron- tier hoizsewives forced into lives of drudgery by land h,ingry husbands appear largely inaccurate. Although recent scholarship has begun to acknowledge how ideas about genderind nianhood have influenced the historic,graphy of the early national West, women's experiences reinain solidly on the domestic fringes of historical events.2 While at first glance, divorce petitions from hapless wives coniplaining of rogue husbands contirni ideas about women's dependence in early Kentucky,such records distilled Auid social relations into tormulaic, legal language. Looking at the construction of gender in divorce records alongside the struggles between husbands and wives iii daily life raises important questions abo,it the ways that ordinary people participated in shap- ing the law and how they acknowledge the dynamic relatic,nship between legal language and cultural experience.
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