Marriage Settlement (Clark)

On January 23, 1854, James Clark and his wife Mary E. Clark [alt: Clarke] agreed between themselves and with her trustees, Benjamin Lane and William S. Norman, on terms of a separation between them, as part of which James Clark “hath agreed to allow his said wife certain negroes to wit whose names are as follows Chaney Augusta Georgia females & Benjamin which said slaves were acquired by the said James by his intermarriage with the said Mary E. and which said slaves would by law vest in the said James together with all property of whatsoever kind or description that he may have heretofore acquired or may hereafter acquire by the marriage aforesaid with the said Mary E.” 

The cause of the separation was described as follows: “Whereas the said James Clarke and the said Mary E. Clark his wife in consequence of various unhappy differences which of late have arisen between them are living separate and apart and in consequence of said differences have mutually agreed to live separate and apart for the remainder of their lives.” James Clark also agreed that Mary E. could live apart from him at all times during the rest of their lives and that she could live wherever or with whomever she wanted, and that she was released from all authority he might have over her and she might live as though she were a “femme sole.” In addition to the named slaves, he gave up to her or her trustees all property of any kind he had acquired through their marriage, “hereby granting to the said Mary E. Clark full power to devise and bequeath the aforesaid property to whom she pleases.” However, he reserved the right to retrieve said property from her if he were to be sued on account of any debts she might acquire; he was to no longer be responsible for her debts or maintenance. She agreed in turn not to sue him for anything that had happened before this date, or to sue him “in the nature of libel for divorce either a mensa et thoro or a vinculo matrimonii.” She also relinquished her dower rights. 

Document witnessed by Wm. [William] B. Gaulden and Benjamin Darsey, J.P. Recorded on January 23, 1854, by [Liberty County Superior Court] Clerk S.A. Fraser.