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86 DUKE JOURNAL OF GENDER LAW & POLICY Volume 20:85 2012
calls into question the widespread perception of modern mail order brides as
simply unwitting victims.
Colonial mail order brides were considered heroes. Marriage has long been
touted as a civic virtue,
4
but in the early American colonies, marriage was
particularly important. The entire colonial endeavor hinged on marriage.
5
Without marriage there could be no stable family units, no children and no
future. The colonies needed women to come to America to marry, and to remain
as wives and mothers. The problem, however, was that most women found the
idea of immigrating to the struggling colonies unattractive.
6
Mail order brides
were the solution. These women came to the colonies when other women would
not. The colonial mail order brides made marriage possible and helped ensure
the survival and success of the colony.
I.
THE JAMESTOWN WOMEN
The first American mail order marriages occurred shortly after Britain and
France established their colonial settlements in the early 1600s.
7
Both countries
actively encouraged immigration to America but soon realized that immigration
alone could not achieve the population increase needed for colonial expansion
and success. Few families immigrated to the Southern colonies of the United
States or the colonies of New France.
8
Unlike the northern settlements of the
order bride industry [which] nurtures structures of subordination based on race, sex, and class within
countries, among nations and between individuals”).
4. See, e.g., Boddie v. Connecticut, 401 U.S. 371, 376 (1971) (stating that “[m]arriage involves
interests of basic importance in our society”); see also Griswold v. Connecticut, 381 U.S. 479, 496 (1965)
(Goldberg, J., concurring) (describing the traditional family relationship as “a relation as old and as
fundamental as our entire civilization”); see generally H.R.
REP. NO. 104-664, pt. 5, at 12 (1996)
(explaining the importance of marriage to a civilized society); Rachel F. Moran, How Second-Wave
Feminism Forgot the Single Woman, 33 H
OFSTRA L. REV. 223, 225 (2004) (stating that in the colonial
period “[w]hite women’s civic virtue was largely defined by early marriage . . . .”).
5. See J
ULIA CHERRY SPRUILL, WOMEN’S LIFE AND WORK IN THE SOUTHERN COLONIES 3 (1972)
(explaining that “mothers and housewives were indispensable” to the success of the colonies and
were needed to increase population and make the male colonists “more comfortable”).
6. Cf. Peter N. Moogk, Reluctant Exiles; Emigrants from France in Canada Before 1760, 46 W
M &
MARY Q. 436, 465, 475 (July 1989) (purporting the idea that any woman would immigrate voluntarily
was considered so unlikely that when, in 1659, a group of forty women (twelve wives, some single
women and a few nuns) left La Fleche, France for Canada, the townspeople “tried to prevent their
departure because no one could believe the women were going voluntarily”).
7. M
ICHAEL L. COOPER, JAMESTOWN, 1607, at 1 (2007) (noting that the Jamestown Colony was
founded in 1607); Gwenael Cartier, City of Quebec 1608–2008: 400 Years of Censuses, Canadian Social
Trends, June 3, 2008, at 62, available at http://www.narea.org/2008meeting/City%20of%20Quebec%
201608-2008.pdf (noting that Quebec City was founded one year later, in 1608).
8. S
PRUILL, supra note 5, at 3–5 (explaining that, although women came to the southern colonies,
they did so in much smaller numbers). Moreover, even fewer came with children and some families
like that of Sir Thomas gates, sent his daughters back to England after his wife died on the voyage
over. Id. at 4. Recruitment was also not helped by the stories of the incredible hardships faced by the
early colonists, especially the women. Id. at 4–5. There were frightening stories about disease and
famine including the tale of one colonist who “slue his wife as she slept in his bosome, cut her in
pieces, powedered her & fedd upon her till he had clean devoured all her parts saveinge her heade.”
Id. at 5; see also Robert Charles Anderson, About the Great Migration, A
SURVEY OF NEW ENGLAND:
1620–1640 (Sept. 10, 2012), http://www.greatmigration.org/new_englands_great_migration.html
(stating that the Southern colonies were populated primarily with single men); Moogk, supra note 7,