Nancy Shippen Livingston would have been shocked that Ellen decided to fight for Frederick in Philadelphia. In the 1780s she had waged an unsuccessful battle there for the custody of her daughter. Her fight too had followed a disastrous marriage. In 1781 the Philadelphia belle entered a loveless union with wealthy New Yorker Henry Beekman Livingston arranged by her socially conscious father. Quickly her husband revealed himself to be a scoundrel and she left him less than a year after their wedding but not before the birth of a daughter, Margaret. Seeking refuge with her parents in Philadelphia, Nancy like Ellen years later searched for a way to discard her husband but keep her child. And, again like Ellen, she discovered the law's paternal priorities. Lawyers advised her that Henry could claim the child by asserting his custody rights with a writ of habeas corpus. Even if she could somehow obtain a divorce, he would likely get Margaret.

The most hopeful assistance came from Nancy's uncle, Philadelphia lawyer Arthur Lee. He assured his niece that “nothing but the power of the Law should tear her from you, & that upon all circumstances being stated the Law will not destroy you.” Barred from direct legal action, Lee urged Nancy to seek legal aid by lobbying the wives of the state supreme court justices: “Try to interest the Ladies … It is the cause of humanity – & in that cause the female voice is irresistible.”