Papers Of Abraham Lincoln

In force March 6th, 1837

AN ACT for the relief of Elizabeth Rice, late Elizabeth Buxton.

On January 31, 1837, John D. Wood introduced SB 147 in the Senate. On February 3, the Senate passed the bill. On February 18, the House of Representatives passed the bill. The Council of Revision not acting within ten days of the bill’s submission, the act became law on March 6.
Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at their First Session, (Vandalia, IL: William Walters, 1836), 470, 532-33, 640-41, 654, 667. ; Journal of the Senate of the General Assembly of the State of Illinois at their First Session, (Vandalia, IL: William Walters, 1836)
325, 337, 344-345, 460-461, 470, 475 (Vandalia, IL : William Walters, 1836).

Preamble

Whereas, In the year 1831, Elizabeth Benson, of the county of Perry, intermarried with Charles Buxton, and lived with him until the year 1832, when said Buxton abandoned her and left the country with the avowed intention of never again returning, and the said Elizabeth having heard that the said Charles had gone to the south, and departed this life, and believing that information to be correct, again intermarried with Monroe Rice, since which latter marriage some evil disposed persons have threatened to prosecute said Elizabeth for the supposed crime of Bigamy1; and whereas, if such prosecution should be commenced, it might be impossible to procure the attendance of witnesses to prove the death of said Buxton, depositions in such cases not being evidence, in remedy whereof,

Marriage contract between Elizabeth Buxton and C. Buxton dissolved & marriage of E. Buxton and M. Rice legalized

Be it enacted by the people of the State of Illinois represented in the General Assembly, That the said marriage contract between the said Elizabeth and Charles be and the same is hereby dissolved, and the said marriage of said Elizabeth and Monroe Rice be and the same is hereby legalized to all intents and purposes, and the said Elizabeth and Monroe are hereby released from all liabilities and penalties incurred in consequence of their said marriage.2

[ certification ]
03/06/1837
Field, Alexander P.

This bill having remained with the Council of Revision ten days, Sundays excepted, and the General Assembly being in session, it has become a law this 6th day of March, 1837.
A. P. FIELD,
Secretary of State.

1Sec. 121 of the Illinois criminal code made it illegal to have two wives or two husbands at one time, and conviction of the offence could result in a fine of up to $1,000 and/or imprisonment in the penitentiary of up to two years. The law allowed for remarriage without a divorce decree in those circumstances in which a spouse had been absent for five years or more.
“An Act relative to Criminal Jurisprudence,” approved February 26, 1833, The Revised Laws of Illinois (1833), 198.

2Although rare, legislative divorce was available in Illinois from 1818 until the Illinois Constitution of 1848, although there were no legislative divorces after 1838, when that body granted its last divorce by legislative act. After that time, all divorces in the state fell within the jurisdiction of the circuit courts.
Illinois Constitution, Article 3, Sec. 32 (1848); Eugene L. Gross and William L. Gross, An Index to All the Laws of the State of Illinois (Springfield: E. L. & W. L. Gross, 1869), 13; “An Act concerning Divorces,” approved 1 June 1827, The Revised Code of Laws of Illinois (1827), 181.