Victorian American Romance and Breach of Promise

Victorian American Romance and Breach of Promise

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Many parts of the American culture have slowly changed over the last century, and the concept of suing for breach of promise is one of them. When is the last time you heard of a couple breaking up and the woman suing her ex for implied promises of marriage? It’s unheard of today, but 100+ years ago, such a threat was very real.

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The Law of Courtship

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Did you catch that?

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The Vermont judge stated “no explicit promise was necessary to bind the parties to a marriage contract. Long continued attentions or intimacy with a female was as good evidence of tended matrimony as a special contract.

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“If Hastings did not promise, he ought to have done so–the law holds him responsible for the non-performance of his duty.”

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The article (1874), as stated, was “clipped from an old newspaper”. The story was published originally in 1838 in many newspapers in the United States. In 1838, the settlement of $1,425 was a fortune, apparently roughly $37,000 of today’s money, as “Mr. Hastings has been making a fool of himself fourteen years and some odd weeks.”

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“$1,425 of 1838 dollars would be worth: $36,538.46 in 2015.” [source] (2015 is the latest date available)

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Courtships of Ridiculous length

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Mr. Hastings paid $1,425 for a 14 year courtship. Apparently he wasn’t the only one to drag on an “understanding” a ridiculous length of time.

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“LONG COURTSHIP.–A gentleman was married in Portsmouth last week after a courtship of twenty-one years.”

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~ Staunton Spectator, Staunton, Virginia, 23 November, 1869

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Apparently the gentleman’s new bride (nor her parents) sued him for breach of promise. Nor was he alone in this (hopefully) record-breaking length of courtship. Four years later, a Mr. W. G. Thompson tied for the honor of a two-decade (plus) courtship.

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An article simple titled CHICAGO included the case for breach of promise against a seven year courtship:

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CHICAGO, March 16.–The case of Miss Amanda J. Craig, of Cincinnati, against F. G. Sprague, for breach of promise, will shortly be called up for trial. The complainant is said to be a sister of Judge Craig, for many years one of the Justices of the Ohio Supreme Court, and she was lately a teacher in Covington.

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She claims the courtship to have lasted seven years, and wants one hundred thousand dollars damages for deferred hopes and blasted prospects. The defense has just filed depositions by Dr. R. J. Garrett and J. H. Barrows, of Cincinnati endeavoring to prove that they had been applied to by Miss Craig to produce an abortion.

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~ The Tennessean of Nashville, Tennessee, on March 17, 1868 (italics and bold face added for emphasis)

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Maybe this string of lengthy courtships (and many more like them) contributed to the resurgence of interest in the subject of suing for breach of promise, as indicated in the first article (1874), above.

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We might infer that society (or at least those who were not courting males) believed a reasonable length of time–and not a moment longer–was appropriate for a courtship.

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Victorians Courted with Intention

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After all, courtship meant “the act, period, or art of seeking the love of someone with intent to marry“. [source]

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One huge difference with dating today vs. courtship of the American Victorian period is that young people (or simply put–unmarried men and women) “date”. Dating generally has no expectations of marriage, and very often includes no intention for permanence. Today, couples live together without any sort of a guarantee of marriage…yet (if ever). Then, a young man stated his intentions to a young woman’s father or brother (or whatever family member was responsible for her protection) and with that guardian’s permission and the woman’s acceptance, a courtship with the object of determining if they were suited for marriage would commence.

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Because the expectation and social norm was for courtship to culminate in marriage, it’s understandable that nineteenth century Americans–especially the jilted lady–to feel wronged.

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Correspondence Courtship Counts!

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Judge Fines Widower a Fortune for Jilting his Intended

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Transcription of the article as it appears in the St. Louis Dispatch of St. Louis, Missouri, on 25 February, 1906:the scanned image of the historic newspaper is difficult to read.

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FOREST CITY, Io., Feb. 24.–The jury in the case of Snearly vs. Will returned a verdict of $2800 in favor of the plaintiff for breach of promise.

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[Note: “$2,800 of 1906 dollars would be worth: $73,684.21 in 2015.” [source] (2015 is the latest date available)]

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W.R. Will, a widower of buffalo Center, in the spring of 1903 advertised for a wife and received an answer from Miss Emily Snearly of Chicago. In May of that year he went to Chicago, met Miss Snearly and the marriage was planned for ten days later, but at that time the bridegroom-to-be failed to show up. he wrote, however, and another date was set for in August, and again no bridegroom appeared. Again it was set for December and it was arranged that the couple should meet in Cedar Rapids. Instead of Mr. will the hope-to-be- bride got a letter from him stating that he had married another, but that the wedding was compulsory and he had commenced action for a divorce and would marry plaintiff as soon as he was again free.

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[Note: $5,000 of 1904 dollars would be worth: $135,135.14 in 2015.” [source] (2015 is the latest date available)]

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Suit was commenced in may, 1904, for $5000 damages and the case was heard this week. All the love letters were read on the stand, those of Mr. Will being very gushing and full of importunities [sic], Miss Snearly’s being brief and full of business.

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Too Many Promises to Wed

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This Sydney man renewed his promises to wed–one time too many, on April Fool’s Day (at which the unidentified reporter couldn’t resist poking fun).

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“$15,000 of 1892 dollars would be worth: $394,736.84 in 2015.” [source] (2015 is the latest date available)

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What if She is At Fault?

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It’s important to note that not every suit for breach of promise ended in a verdict for the defendant to pay the injured party (plaintiff). A rather remarkable case reported in The Rutland Herald (quoting Salem Register) of Rutland, Vermont on 6 February, 1851.

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The jury determined that the plaintiff (a woman referred to as Miss Nancy Free Soil [the man accused of breach of promise was  Charles Democrat, another, Geo. Whig]) was the instigator of the purported courtship. She, the one to give expensive gifts, the one to show a history of chasing men, both free to wed and encumbered by marriage.

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The gentlemen of the jury, “after a short consultation, returned a verdict of one cent damages, the plaintiff to pay the costs.” (emphasis added)

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In Related News: Suit for Courtship Expenses

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Given the times, the social customs, and the expectations of hopeful brides-to-be (especially after verbal promises were made), it’s not surprising the jilted sued for settlements…especially when years and years were ‘wasted’ in courtship that jumped the tracks.

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Suing for breach of promise makes a whole lot more sense than suing to recoup the financial losses of a courtship (a father’s expense for his daughter), as in this brief nugget of newspaper reporting:

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Surprising, isn’t it? That a father, successful in seeing his daughter wedded, sued his son-in-law for the expense of his daughter’s courtship–entertaining the would-be husband. Interesting.

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A Breach of Promise in Fiction

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In closing, it appears I seriously missed the boat. The first novella I published, Home for Christmas, would have been a perfect situation for a very nice girl to sue for breach of promise. Continually studying history is a valuable thing for me but it’s also a two-edged sword. For the more I learn the more I realize I don’t know.

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Invitation

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Have you read a Western Historical Romance novel with a Breach of Promise element?

Please scroll down and comment.

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Related Articles

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After all, those who broke up with their sweetheart badly were obviously at risk for a suit of breach of promise. What did the gurus of decorum and proper conduct say was the best way to handle such things in the nineteenth century American West? Read on to find out!

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Updated June 2022
Copyright © 2016 Kristin Holt LC
Victorian American Romance and Breach of Promise Victorian American Romance and Breach of Promise