Women in the Legal System

Cover Image:
First page of affidavit form filled out by handwriting
Affidavit, Harriet J. Van Hensen vs. Nettie Walker and Mary Walker, 1890 - Image Source

Collection Facts

Extent:
192
Dates of Original:
1664-1888

Historical Context

Schenectady County, located in NY’s Capital Region, was first settled by white colonists in the 1660s and had previously been under the purview of the Haudenosaunee. During the colonial and Early American periods, it was an agricultural area inhabited by a mix of Dutch, Scottish, French, German, African, and Haudenosaunee (primarily Mohawk) people, and served as the eastern terminus of transportation along the Mohawk River. In the nineteenth century, the development of the Erie Canal, railroads, and manufacturing changed Schenectady into a significant hub for industrial innovation, leading to population growth and the establishment of American Locomotive and General Electric. While Schenectady became an English colonial village after 1664 and an American city in 1798, communities in the area maintained connections to Dutch heritage and culture up through the early 1900s. The court and judiciary systems in Schenectady developed concurrently with governmental systems in New York – from appointed officials primarily serving as keepers of the peace to judges and practicing attorneys arbitrating all disputes to separate courts and proceedings designated for specific purposes. The status and rights of women changed significantly over time. Under Dutch colonial rule, women owned property and conducted business as heads of families. In Schenectady, this practice did not entirely disappear during New York’s shift to English rule.

Scope of Collection

Please note that the materials in this collection may contain language that is harmful, offensive, or misrepresentative. This collection is composed of materials such as letters, witness statements, court minutes, judgment records, indictments, and sentence records. They document the treatment and condition of women in the 18th and 19th centuries, and their pursuit of justice and rights within the court systems. Included are records that show women fighting for financial support, justice after assault and rape, and protections for themselves and their children. This collection also contains records of criminal cases involving prostitution and disorderly conduct and the aftermath of breaches of contract, insolvency, and abandonment. These materials were created by the courts of the City of Schenectady, the County of Schenectady, New York State, and residents of Schenectady County. Documents in this collection highlight differences in legal status for women under Dutch tradition compared to women under English and American law and the relationships between women and the men acting as their legal representatives, showing the differences in treatment by the court system of women compared to men.