A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 680: See Justice Gray's note to the case of Oliver
_v._ Sale: _Quincy's Reports_, 29. The authorities there cited
are misleading and do not establish the assertions quoted. The
well-known apology for Massachusetts slavery by NATHAN DANE in
his _Abridgment_, II, 413, 426, 427, is equally unsupported
by the facts. The same view as that of Gray is taken by Chief
Justice Dana in Littleton _v._ Tuttle (1796): 4 _Mass. Reports_,
128, note; by Chief Justice Shaw in Commonwealth _v._ Aves: 18
_Pickering's Reports_, 208, 209; and it is repeated in _Cushing's
Reports_, 410. On the other hand, in Winchendon _v._ Hatfield:
4 _Mass. Reports_ (1806), 123, Chief Justice Parsons correctly
says "slavery was introduced" in Massachusetts "soon after its
first settlement, and was tolerated until the ratification of the
present constitution" in 1780. "The issue of the female slave,
according to the maxim of the civil law, was the property of her
master." The same opinion is held in Perkins, Town Treasurer of
Topsfield _v._ Emerson (1799): DANE'S _Abridgment_, II, 412; and
by Chief Justice Parker in Andover _v._ Canton (1816): 13 _Mass.
Reports_, 551, 552. In 1865 the errors of Gray, Dane, Webster,
and others were fully exposed by MOORE, _Notes on the History
of Slavery in Mass._, 10 ff., 22 ff., 94 ff., 98 ff.; yet it
is curious to see BISHOP, _Marriage, Divorce, and Separation_
(Chicago, 1891), I, 179 n. 1, 282, still accepting Gray's dictum
as authority.]
[Footnote 681: PALFREY, _Hist. of New England_, II, 30, note.]
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