Following the Proclamation Act of 1763 growing numbers of colonists arrived in upper East Tennessee to settle and build wherever they could make arrangements with local groups of Cherokee. While these first families were occupied with survival, the British colonies continued to thrive. Concurrent with growing prosperity was the increasing determination of colonists to exercise control over their property and economic interests. Frontier exigencies affected family strategies for dividing labor and creating economic endeavors. A commonly held view asserts that where women were scarce and needed, rigid sex-role distinctions could not prevail. This thesis will present research of the earliest Washington County Court records and other primary evidence from the late eighteenth-century through the early Republic period to examine the place of women in the upper East Tennessee frontier and argue that despite frontier conditions the underlying attitudes about women did not change.

During the long eighteenth century, married women in England were subject to the rules of coverture, which denied them a legal identity independent of their husbands and severely curtailed their acquisition, possession and disposition of property. There is a consensus among historians that married women circumvented the restrictions of coverture both in their daily lives and by use of the legal mechanism of the separate estate. This study reviews contemporary legal and social attitudes towards women’s property rights in marriage to examine the extent to which married women had economic agency under coverture. Through a review of reported cases, treatises on the law of property, and a contemporary fictional representation of pin-money, I assess the foundations justifying the law of coverture, and the challenges presented to coverture by the separate estate. I argue that there is a distinction between the theory and practice of the separate estate; the separate estate must be understood as a type of property set aside for a special purpose rather than a type of property separated from a husband’s control. More precisely, the existence of the separate estate generally, and pin-money in particular, did little to advance married women’s economic agency. / Graduate