[Indexed as: Chapman Law (James & Eunice), Shakers, New York: "Legislature of New York - In Senate, March 10 - An Act Concerning the Shakers," Niles' Weekly Register (Baltimore, Md.), Mar. 29, 1817, p. 74]
We deem the publication of the following act of the New York Legislature a curiosity well worth the preservation.
IN SENATE, MARCH 10.
An act concerning the Shakers,
Whereas, Eunice Chapman, in the year one thousand eight hundred and four, was lawfully married to James Chapman, by whom she had three children, and with whom she lived until the year one thousand eight hundred and eleven, with the said James Chapman abandoned his wife, without leaving her any means of support, and soon after joined the society of Shakers, in Neskauna, in the county of Albany: And whereas the said James Chapman, since joining the society of Shakers, has taken from his wife her children and now keeps them concealed from her, and insists that the marriage contract between him and his wife is annulled, and that he is not bound to support her, and has publicly forbid all persons from harboring her, and declared that he would not be responsible for her debts: — And whereas the Shakers hold, that whenever married persons unite with their society they are absolved from the marriage contract and profess to believe that the said contract is unlawful and immoral, and that it is sinful for a member of their society to maintain any intercourse with those who are not members, without what they term a gift from their elders: And whereas a propagation of these principles is utterly subversive of the peace and happiness of families and the order of society – Therefore,
Be it enacted by the people of the state of New York, represented in senate and assembly, That the marriage contract between said Eunice Chapman and her said husband James Chapman, be and the same is hereby declared to be dissolved, and the said Eunice Chapman entirely freed from the same; but nothing in this act contained shall be construed to give said James Chapman a right to marry, during the life time of the said Eunice: Provided, that the dissolution of such marriage shall in no wise affect the legitimacy of the children thereof.
II. And be it further enacted, That any married person being an inhabitant of this state, who shall hereafter attach him or herself to any society of Shakers in this state, shall be deemed and taken to be civilly dead, to all intents and purposes in the law, and his or her property may be disposed of in the same manner as if such person were really dead; and such person shall forever thereafter be incapable of taking any estate, real or personal, by inheritance.
III. And be it further enacted, That whenever any married person, being an inhabitant of this state, shall hereafter attach him or herself to the said society of Shakers, it shall and may be lawful for the husband or wife, not belong to the said society, to file a bill in the court of chancery, setting forth and alleging that the husband or wife (as the case may be) of the person filing such bill, has joined him or herself to the said society of Shakers, and the like proceedings shall and may thereupon be had as are prescribed by the act, entitled “an act concerning divorces, and for other purposes,” and if it shall appear on trial or enquiry, in the manner directed by that act, that such allegation is true, the chancellor shall pronounce and deem such persons, so joining the Shakers, to be civilly dead; and it shall not be lawful for such persons thereafter to marry, if a man, during the life time of his former wife, — and if a woman, during the life time of her former husband.
IV. And be it further enacted, That in all cases where any husband or wife, having any child or children of the marriage, shall hereafter separate, or may at any time heretofore have separated the one from the other, and shall or have attached to him or herself to the said Shakers, and shall also take or have taken, with him or her, such child or children, being under age, the chancellor or any judge of the supreme court, for the time being, on the application of the husband or wife, not having joined the said Shakers, and being an inhabitant of this state, may allow a habeas corpus to bring such child or children before him; and if on the return thereof, such child or children cannot be found, and it shall appear that such child or children is or are concealed and secreted, and among the society of Shakers in this state, it shall be lawful for the chancellor or judge, as the case may be, in his discretion, to issue a warrant directing the sheriff or other proper officer of the county where the said society reside, in the very time to search the dwelling houses and other buildings of the said society, or any members thereof for such child or children, and on bringing such child or children before the chancellor or judge, he may on due consideration, away the charge and custody of such child or children, so to be brought before him, or any of them to that parent who shall not have joined the said society of Shakers, for such time and under such regulations, and with such provisions and directions, as to the said chancellor or judge shall seem proper, and as the case may require; and the chancellor or any judge of the supreme court, shall at times thereafter, have power in sufficient cause shewn, to annul, vary or modify the order so to be made; and such warrant of the chancellor or judge shall justify the sheriff or other officer, and those who by their order shall come to their aid, in making such search as aforesaid, and sued therefore, may plead the general issue, and give this act and the special matter in evidence.
