Peter W. Bardaglio - Reconstructing the Household: Families, Sex, and the Law in the Nineteenth-Century South (Studies in Legal History)

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title	:	Reconstructing the Household : Families, Sex, and the Law in the Nineteenth-century South Studies in Legal History
author	:	Bardaglio, Peter Winthrop.
publisher	:	University of North Carolina Press
isbn10 | asin	:	0807822221
print isbn13	:	9780807822227
ebook isbn13	:	9780807860212
language	:	English
subject	Domestic relations--Southern States--History, Family--Southern States--History, Southern States--Social conditions, Reconstruction.
publication date	:	1995
lcc	:	KF505.B37 1995eb
ddc	:	306.85/0975/09034
subject	:	Domestic relations--Southern States--History, Family--Southern States--History, Southern States--Social conditions, Reconstruction.

Page i Reconstucting the Household

Page ii STUDIES IN LEGAL HISTORY Published by the University of North Carolina Press in association with the American Society for Legal History Thomas A. Green & Hendrik Hartog editors

Page iii Reconstructing the Household Families, Sex, and the Law in the Nineteenth-Century South Peter W. Bardaglio

Page iv 1995 The University of North Carolina Press All rights reserved Manufactured in the United States of America The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. Library of Congress Cataloging-in-Publications Data Bardaglio, Peter Winthrop. Reconstructing the household: families, sex, and the law in the nineteenth-century South / Peter W. Bardaglio. p. cm.(Studies in legal history) Revision of the author's thesis (Ph.D.)Stanford University, 1987. Includes bibliographical references and index. ISBN 0-8078-2222-1 (cloth: alk. paper) 1. Domestic relationsSouthern StatesHistory. 2. FamilySouthern StatesHistory. 3. Southern StatesSocial conditions. 4. Reconstruction. I. Title. II. Series. KF505.B37 1995 306.85'0975'09034dc20 95-11798 CIP 99 98 97 96 95 5 4 3 2 1 Portions of Chapters 2 and 6 originally appeared in somewhat different form in "'An Outrage upon Nature': Incest and the Law in the Nineteenth-Century South," in In Joy and in Sorrow: Women, Family, and Marriage in the Victorian South, edited by Carol Bleser, pp. 3151 (New York: Oxford University Press, 1991). Reprinted by permission of Oxford University Press. Portions of Chapter 2 also appeared in "Rape and the Law in the Old South:'Calculated to Excite Indignation in Every Heart,'" Journal of Southern History 60 (November 1994): 74972. Portions of Chapters 3 and 5 originally appeared in somewhat different form in "Challenging Parental Custody Rights: The Legal Reconstruction of Parenthood in the Nineteenth-Century American South," Continuity and Change 4 (August 1989): 25992. Reprinted by permission of Cambridge University Press.

Page v FOR WREXIE

Page vii Maybe nothing ever happens once and is finished. Maybe happen is never once but like ripples maybe on water after the pebble sinks, the ripples moving on, spreading, the pool attached by a narrow umbilical water-cord to the next pool which the first pool feeds, has fed, did feed, let this second pool contain a different temperature of water, a different molecularity of having seen, felt, remembered, reflect in a different tone the infinite unchanging sky, it doesn't matter: that pebble's watery echo whose fall it did not even see moves across its surface too at the original ripple-space, to the old ineradicable rhythm. WILLIAM FAULKNER, Absalom, Absalom!

Page ix CONTENTS Preface xi Acknowledgments xix Part One. The Days Beyond the Flood 1. Patriarchy and the Law in the Old South 3 2. Sex Crimes, Sexuality, and the Courts 37 3. Keeping the Child 79 Part Two. After the Flood 4. The Transformation of Southern Legal Culture, 18601880 115 5. The Evolution of Contractual Families 137 6. The Forces of Persistence: Race, Blood, and Gender 176 7. Domestic Governance in the New South 214 Appendix: Tables 229 Notes 235 Bibliography 305 Index 339

Page xi PREFACE The catalyst for this study was a very simple observation. Thumbing through the pages of antebellum statutory codes from some of the southern states, I was surprised to find that chapters on the law of what was called "domestic relations" often included not only the headings "husband and wife," "parent and child," and "guardian and ward," but also "master and slave.''1 As I puzzled over the meaning of this arrangement, it struck me that southern lawmakers had organized the statutes in this fashion because they did not consider these sets of social relations as isolated categories but as intrinsically connected. If this was so, then these connections deserved a closer look. What was the impact of slavery, I wondered, on the rules and regulations governing relations between husbands and wives as well as between parents and children? What changes did the end of slavery bring about in the law of domestic relations? How did the legacy of slavery continue to shape legal attitudes toward women, children, and families after its demise?

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