My line to Peter McQueen and Elizabeth Freeland:
Me-My Mom (Virginia Marie Stalls)-Granddaddy (James Paul Stalls, Jr)-Great Grandmother (Minnie Virginia Richards)-GG Granddaddy (Jerome E Richards)-GGG Grandmother (Caroline McQueen)-GGGG Grandparents (Peter McQueen and Elizabeth Freeland)
My mom and I have been working on getting the divorce papers between Peter McQueen and Elizabeth Freeland transcribed, but it’s been slow going because (amongst other reasons) the handwriting on some of the pages is pretty hard to read. This is only Part One of the divorce, but certainly not the end. With all of the information gathered, plus what I am still waiting to learn, this is becoming a pretty interesting part of my family. So stay tuned for more to come!
Elizabeth Freeland and Peter McQueen married in West Feliciana Parish, Louisiana on November 27, 1820. Without going into much detail (as you will read a decent amount below), after three children Peter McQueen took two slaves with the promise to sell them and return, then disappeared. He returned ten years later, kidnapped the two older children and disappeared again. I have found him since then and I am actually awaiting the arrival of a book to my mailbox about Peter McQueen.
Below is the petition for divorce from Elizabeth Freeland McQueen. It has been transcribed word for word. What was illegible is in purple with a question mark and what was scratched out in the petition itself is in rose with a a strike through it. Some words were written in twice. Some words were misspelled (my personal favorite: “ded” for “dead”). All in all, I sure wish the typewriter had been invented earlier.
Enjoy! (I mean, as much as you can enjoy a divorce petition, that is)
To the Honorable Thomas S. Sterling presiding
Judge of the fifth judicial Circuit Court District
in and for the State of Mississippi exercising
Chancery jurisdiction (vc?)-
Humbly complaining showeth unto your Honour your oratrix Elizabeth McQueen of the County of Lauderdale that in the year of our Lord __ in the County of ___ in the State of ___ your oratrix intermarried with Peter McQueen with whom she lived many years, at all times conducting conducting herself towards him with all the propriety kindness and fidelity of a dutiful wife, and to the utmost of her ability fulfilling her marriage vow, during which time four three children were the fruits of their marriage three of which are now living to wit, Louisa about seventeen years of age, Malissa about fifteen and Caroline about thirteen years of age. And your oratrix further showeth that in the year of our Lord 1827 in the County of Marion in the State of Mississippi the said Peter McQueen her husband without any provocation or just cause on the part of your oratrix, having previously disposed of nearly all their property in possession except two negro slaves given her by her father, deserted your oratrix and his helpless children, taking with him both of said slaves pretending to your oratrix that he would sell said slaves and return to his family in a short time-and ever since that time your oratrix has been with her helpless children, destitute of the property given by her father and all means of support except what was procured by her own exertions and given by the kindness of her friends, most cruelly and unnaturally forsaken and abandoned by her said husband. And further your oratrix showeth that since her said husband left her in the year of our Lord 1827 she did not know where he was but had supposed he was ded until the fall of the year of our Lord 1837 when he returned and forcibly took off with him his two eldest daughters contrary to their will and greatly to the grief of your oratrix. Your oratrix further showeth that she is informed and believes that the said Peter McQueen her said husband resides somewhere west of the Mississippi River probably in the State of Arkansas and is in possession of and owns a considerable estate and is well able to support your oratrix and his children, but that when here last fall as she is informed and believes he made threats that he would deprive your oratrix that he would deprive what scanty means of support she now possesses. And that he would take the property left of her fathers estate for her to the amount of probably fifteen hundred or two thousand dollars now in the hands of one William Lee administrator of the estate of George W. Freeland deceased, brother of your oratrix and who died in Sumter County in the State of Alabama. And your oratrix further showeth that from the time she was left by her said husband in the County of Marion in the said State of Mississippi in the year of our Lord eighteen hundred and twenty five until the present time she has resided and been a (illegible) inhabitant of the said State of Mississippi except that during the year of our Lord eighteen hundred and thirty four she resided in Sumter County in the state of Alabama during all of which time about sixteen eleven years the said Peter McQueen the husband of your oratrix has willfully constantly and obstinately abandoned your oratrix his lawful and dutiful wife. All of which actings and doings are contrary to equity and good conscience and tend to the manifest injury and apprehension of your oratrix. And in as much as your oratrix is remediless by the strict rules of the common law and can only be relieved in a Court of Chancery wherein matters of this sort are properly cognizable and relievable. In tender consideration where of may it please your Honour to grant unto your oratrix that states writ of subpoena out of Chancery to be directed to the said Peter McQueen commanding him and requiring him under a certain penalty to appear before the judge of the Circuit Court of Lauderdale County in the State of Mississippi at the next term of said Court then and there upon his corporal oath full and perfect answers to make to all and singular the facts allegation and charges in this bill of complaint contained the same as if each one were repeated and her specially and particularly interrogated thereto. And further may it please your Honour an order directed to the Clerk of the Circuit Court of Lauderdale County aforesaid commanding him to issue a writ of injunction in the premises restraining and prohibiting the said Peter McQueen from taking receiving or in any manner whatsoever intermeddling with or interrupting the property and possession of your oratrix or interrupting either your oratrix or her child Caroline who is now with her and her only child remaining. And finally on the hearing of this case may it please your Honour to make a decree of divorce of your oratrix from the bonds of matrimony heretofore existing between your oratrix and the said Peter McQueen and giving and allowing unto your oratrix out of the estate of the said Peter McQueen as alimony such an amount to your Honour shall seem just and equitable and also decreeing to your oratrix the custody and education of the children aforesaid. And granting unto your oratrix all such other and further relief as she may entitled to in the premises and your oratrix as in duty bound will ever pray (vc?)
Peter Doty Sol.
For complainant
The State of Mississippi
Lauderdale County
Personally appeared before me (a Justice of the Lauderdale County) the above named complainant Elizabeth McQueen who being first duly sworn sayeth that the facts stated in the forgoing bill as of her own knowledge are true and those stated as from the information of others she believes to be true
Sworn to and subscribed Elizabeth (W?) McQueen
before me the 21st day of
May in the year of our
Lord 1838
(?).B. (Brewer?) J.P.
The State of Mississippi
Lauderdale County
To the Clerk of the Circuit
Court of said county
Set writs of subpoena and injunction issue agreeable to the prayers of the petition on entering of the bond in the sum of five hundred dollars with two securities to be approved by your Given under my hand and seal this 22nd day of May A.D. 1838
Tho. S. Sterling (seal)
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