It was not uncommon early in the 19th century for couples to live together without bothering with the legal paperwork of marriage. This was partly due to the mountain isolation and distance to the nearest courthouse and possibly also to the fact that cash money was hard to come by for many. But, sometimes there were apparent difficulties in obtaining a divorce for one of the parties.
In October of 1836, there must have been a sudden wave of morality as four couples were indicted that term for adultery on a continuing basis. Little is known about one of these couples but two of the other three were single men whose paramours were married women.
Benjamin Salyer was born about 1804 in Kentucky, the son of Benjamin and Nancy Bishop Salyer. His live-in girl friend was Isabella Rose, born about 1805 in Virginia. Isabella had been married to Isaiah Steeley who appears to have deserted her by 1830.
In the 1830 Harlan County census, Isabella is listed with three young children and a male age 20-29 who is almost certainly Benjamin Salyer. Shortly after their indictment in 1836, the couple moved to Claiborne County, Tenn., where Isabella died about 1852. Benjamin died in 1884 in Owsley County.
Also indicted as the October 1836 term was Elias Arnett and Betsy Salyer, believed to be Benjamin's sister. They were also charged with having cohabited for at least one year. Elias and Betsy (or Elizabeth as she was often referred to) resolved their situation by marrying in April of 1837. They had at least two children, Cyrena and Barnett.
The third couple indicted was Carr Brittain "a free single man" and Caroline Marsee "a free married woman." They were also charged with having lived together for over a year and apparently had been living together for about 10 years as their oldest daughter Julia Anne had been born in 1826.
Carr and Caroline also resolved their situation by marrying in 1837. Carr, son of George Brittain and his first wife Mary Bailey, was born about 1793 and was deceased by June of 1864 when sale and appraisal bills on his estate were filed in the Harlan County Court.
Caroline was born about 1801 in Virginia and it is not known if Marsee was her married or maiden name. Their daughter Julia Anne married Benjamin Lankford and her sister Lucy Anne, born about 1832, married William Hall.
Two years later, at the November 1838 term of the Harlan Circuit Court. Aaron Brock and Sally Simpson were indicted for adultery "for a long time previous, their having lived together in said county as man and wife...without having been married."
Aaron Brock was born about 1786, the son of Jesse Brock, Revolutionary War soldier. His first wife was Amy Ann Waldrup. Two of his daughters were most certainly by Amy, Mary born about 1826 and Arty born about 1828.
His son Adron Newberry Brock was also probably by Amy as he moved to Clay County where Mary had gone after she and Aaron were divorced about 1846. Adron's daughter Ara, who was born about 1837 and married in 1856 to Jonathan Burk, may have been by Sarah Simpson.
It is not known if Aaron and Sarah ever married, but in 1866 Aaron took a third mate, Elizabeth Farley, daughter of Henry and Mary Marks Farley and widow of Benjamin Noe.
In July of 1839, James Hall and Clary Thomas were indicted for the same type of crime. Although their marriage record has not been located, it may have taken place in Lee County, Va., and be among the many that took place prior to 1850 that were destroyed when the Jonesville Courthouse was burned during the Civil War.
James and Clary are listed in 1850 Harlan County census with seven children: Nancy who married William K. Hall, Nathan who married Louisa Brittain Noe, Joanna who married first to Andrew Osborn and second to Jacob Stepp, Lorenzo Dow who married Susan Turner, Eliza who married John Dean, Frances and Mary who married James Hall.
None of these couples should be judged too harshly. They lived in a day and age where survival was a daily struggle and their relationships, although not sanctioned by law, were long term marital type commitments.