Rachel Carman Gets A Divorce

Rachel Carman (1814 - 1841) was the daughter of Jacob Carman. She was involved in an event that was very unusual for pioneer times -- she received a divorce. This was one of the earliest recorded divorces in Sangamon County.

Rachel married Jacob E. Roll on July 1, 1836. In less than a year, Jacob had apparently abandoned her. Carrol Carman Hall in his book "The Carman Family" noted "he had skipped the country."

Court record dated Friday, April 29th, 1831 (the year has to in reality be 1837) reads as follows:

Rachel Roll against Jacob E. Roll
In Chancery for Divorce
For motion to quash request
This day came the parties by their attornies and the assignment of coucil being heard it is the opinion of this court that the merit of (illegible) granted in this cause was improperly issued. It is therefore the ipinion of the court that the same be quashed and the defendant discharged and the plaintiff by his attorney dismissed her bill filed in this cause.

A notice in The Illinois State Journal reads as follows:

State of Illinois, Sangamon County. Circuit Court, to October Term, 1837. In Chancery.
Rachel Roll, Complainant, against Jacob E. Roll, Defendant. Petition for Divorce.
Public notice is hereby given to the said Jacob E. Roll that a bill in Chancery has been filed in the Clerk's office of the Sangamon Circuit Court, by the said Rachel Roll, praying for a divorce, and that a summons has been issued thereupon, out of the said clerk's office; and it appearing from an affidavit filed with said bill, that the said Jacob E. Roll is not an inhabitant of this state.
Now, unless you, the said Jacob E. Roll, shall be and personally appear before the Sangamon circuit court, on or before the first day of the next term thereof, to be holden at the court house in Springfield, on the second Monday in the month of October next, and file your plea, answer or demurrer to the complainant's bill, the allegations thereof will be taken as confessed against you, and a decree rendered accordingly.
Witness Wm. Butler, Clerk of the Circuit Court aforesaid, at Springfieled, this 15th day of July 1837.
Court record dated Monday, October 9th, 1837 reads as follows:
Rachel Roll, Complainant, against Jacob E. Roll, Defendant
In Chancery. On a Petition for Divorce
This day came the complainant, by her counsil, and it appearing to the satisfaction of the Court herein, of the pendancy of this cause, and he having failed to enter his appearance herein agreeable to law and the rules of this Court. It is therefore considered by the Court, that the Complainants Bill be taken as confessed against the said Defendant, and the Court having heard the bill and evidence adduced by the Compainant and being now sufficiently advised of and concerning the premises, Decrees and Orders that the Marriage Contract between the complainant, and the Defendant be dissolved, and annulled, and the said Compainant be divorced from the said Defendant.

Rachel's lawyer was Abraham Lincoln whom she had met at Sangamo Town when he visited her father's tavern.

 



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