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
Since the appearance of Moore's able monograph it is perhaps
needless to explain that the facts are against these comfortable
theories. Slavery was authorized by statute in Massachusetts under
sanction of the Mosaic law; and so the children of slave mothers
were also slaves.[682] The evils of the institution may, indeed,
have been somewhat mitigated by the simple industrial conditions
which then prevailed. The climate and soil were ill suited to slave
labor. Occasionally there may have been a mind far enough ahead of
the age to perceive dimly the social danger lurking in the system.
Almost the only clear voice raised against it is that of Samuel
Sewall,[683] whose practice nevertheless was not always consistent
with his doctrine.[684] Mixture of race was not favored. But not
until 1705 was intermarriage between a white person and a negro or
mulatto forbidden by statute.[685] Through Sewall's influence the
prohibition was not then extended to Indians;[686] and he succeeded
in having a clause retained in the act enjoining that "no master
shall unreasonably deny marriage to his negro with one of the same
nation."[687] A passage in his diary shows that the laws relating
to banns, as also, it is safe to infer, those regarding celebration
and registration, were applied in the case of such unions; while
at the same time we are given a pleasing picture of the humane
treatment which slaves sometimes received from their masters. On
September 26, 1700, he records that "Mr. John Wait and Eunice his
Wife, and Mrs. Debora Thair come to Speak to me about the Marriage
of Sebastian, Negro Serv^t of said Wait, with Jane, Negro Serv^t
of said Thair. Mr. Wait desired they might be published in order
to Marriage. Mrs. Thair insisted that Sebastian might have one day
in six allow'd him for the support of Jane, his intended wife and
her children, if it should please God to give her any. Mr. Wait
now wholly declin'd that, but freely offer'd to allow Bastian Five
pounds, in Money [=p] a[=n]um towards the Su[=p]ort of his children
[=p] said Jane (besides Sabastians cloathing and Diet). I persuaded
Jane and Mrs. Thair to agree to it, and so it was concluded; and
Mrs. Thair gave up the Note of Publication to Mr. Wait for him to
carry it to W^m Griggs, the Town Clerk, and to Williams in order to
have them published according to law."[688]
[Footnote 682: Compare sec. 91 of the "Body of Liberties," upon
which the apologists have mainly rested their case, with the
later version of the provision: WHITMORE, _Col. Laws of Mass._
(1660-72), 53, 125; _ibid._ (1672-86), 10; and read MOORE'S
convincing argument as to the significance of the altered
wording: _Notes on the Hist. of Slavery in Mass._, 10-18. For
Connecticut see FOWLER, "The Historical Status of the Negro,"
in DAWSON'S _Hist. Mag._, 3d series, III, 12-18, 81-85, 148-53,
260-66; STEINER, "Hist. of Slavery in Conn.," _J. H. U. S._, XI,
371-452; and HURD, _Law of Freedom and Bondage_, I, 267 ff.]
Public-domain text, read in full here on John Shaqi.
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