June 15, 1877 – Death of Caroline Norton, English Women’s Rights Activist

Caroline Norton, nee Sheridan, was born in London in 1808, and in 1827 married George Norton, a barrister and M.P. According to a history of the fight for women’s rights at the time, her husband was jealous, possessive, and given to violent fits of drunkenness during which George was abusive.

Caroline left him in 1836, trying to subsist on her earnings as an author. George successfully sued for these in court as his own, since husbands had control over their wive’s money. Caroline exacted a condign form of revenge, as reported by a biography by Jane Gray Perkins. Running up bills in her husband’s name, Caroline told the creditors that if they wished to be paid, they could sue her husband.

Caroline Norton (1808-1877)

Not long after their separation, Norton abducted their sons, hiding them with relatives in Scotland and later in Yorkshire, refusing to tell Caroline where they were. Norton accused Caroline of being involved in an ongoing affair with her close friend, Lord Melbourne, who was the Whig Prime Minister. Norton then tried unsuccessfully to blackmail Melbourne, and when that scheme failed, took the Prime Minister to court.

The trial lasted nine days, and in the end the jury threw out Norton’s claim, siding with Lord Melbourne. However, the resulting publicity almost brought down the government. The scandal eventually died away, but Caroline’s reputation was ruined and her friendship with Lord Melbourne destroyed. Norton continued to prevent Caroline from seeing her three sons, and blocked her from receiving a divorce. According to English law in 1836, children were the legal property of their father, and there was little Caroline could do to regain custody.

Having no other recourse, Caroline became involved in advocating the passage of laws promoting social justice, especially those granting rights to married and divorced women.

When Parliament debated the subject of divorce reform in 1855, Caroline submitted to the members a detailed account of her own marriage, and described the difficulties faced by women as the result of existing laws.

Primarily because of Caroline’s intense campaigning, which included a letter to Queen Victoria, Parliament passed the Custody of Infants Act 1839, the Matrimonial Causes Act 1857, and the Married Women’s Property Act 1870.

Under the Custody of Children Act, legally separated or divorced wives – provided they had not been found guilty of criminal conversation – were granted the right to custody of their children up to the age of seven, and periodic access thereafter. However, because women needed to petition in the Court of Chancery, in practice few women had the financial means to petition for their rights. [Per the UK Parliament, the Infant Custody Act of 1873 changed the direction of the 1839 Act by indicating that the correct principle for deciding custody was the needs of the child rather than the rights of either parent. The Act therefore allowed mothers to petition for custody or access to children below the age of 16, but not in all circumstances.]

The Matrimonial Causes Act reformed the law on divorce, making divorce more affordable, and established a model of marriage based on contract.

The Married Women’s Property Act 1870 allowed married women to inherit property and take court action on their own behalf. The Act granted married women in the UK, for the first time, a separate legal identity from their husband.

While Caroline fought to extend women’s legal rights, she had no interest in the 19th-century women’s movement for women’s suffrage. She even stated in 1838 in a newspaper article,

The natural position of woman is inferiority to man. Amen! That is a thing of God’s appointing, not of man’s devising. I believe it sincerely, as part of my religion. I never pretended to the wild and ridiculous doctrine of equality.”

Caroline finally became free of George Norton with his death in 1875. She married an old friend, Scottish historical writer and politician Sir W. Stirling Maxwell in March 1877. Caroline died in London three months later.

One Response

  1. This was absolutely fascinating!!

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