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 688: _Ibid._, 22. The _MSS. Records of the General
Sessions of Suffolk_ (Jan. 30, 1709-10) contain the following
evidence: "Upon reading the Petition of Jack Negroman Servant
... relating to his ... being Married to Esther a Negro Woman
Servant [to another master] ... Ordered that [he] ... be not
denyed marriage provided he attend the Directions of the law for
the Regulation of Marriages." Compare "Flora's case" (1758) in
_MSS. Records of the Superior Court of Judicature_ (1757-59),
295, where the court held that the child of a female slave "never
married according to any of the Forms prescribed by the Laws of
this Land," by a person supposed also to be a slave, was not a
bastard. From this decision it is argued that in Massachusetts
all actual marriages were deemed good without any formal
solemnization or the presence of priest or magistrate. _Cf._
BISHOP, _Mar., Div., and Sep._, I, 179.]
Examples of such kindly usage were doubtless not uncommon among New
England slave-owners, just as they were often found at all times
in the South. But it is vain to apologize for a system, wicked
and corrupting in itself, on the ground of individual benevolence
or of laws which inconsistently in certain particulars seem to
recognize the spiritual and social equality of human chattels. In
a community where a black man or woman for sexual misconduct with
a member of the favored race was condemned by statute to be sold
into another province;[689] where Indian prisoners were divided
among the captors, and sold as legitimate spoil;[690] where African
fathers and mothers, bought on their native soil for watered rum
with short measure, were shipped across the ocean in stifling
death-traps,[691] to be "knocked down" from the auction block to the
highest bidder,[692] it seems rather more than absurd to assume that
under the benign influence of Puritan religion and morality slave
wives and husbands were never parted through the lust or greed of
their owners. Nor in general was the alleged hope of converting the
"benighted heathen to enjoy the blessings of a Gospel dispensation"
more than a soothing balm to quiet the incipient throes of a
rudimentary conscience in this regard.[693] Nay, in New England as
elsewhere, the Christianizing of the blacks was sometimes actually
discouraged, lest it should put in jeopardy the white man's property
in them. During the seventeenth and eighteenth centuries a typical
"case of conscience" arose. Would not the baptism of a slave in
effect be a dangerous admission of his spiritual equality with the
master? "Could an intelligent being, who, through the Mediator, had
participated in the spirit of God, and by his own inward experience
had become conscious of a Supreme Being, and of relations between
that Being and humanity be rightfully held in bondage? From New
England to Carolina, the 'notion' prevailed that 'being baptized is
inconsistent with the state of slavery;' and this early apprehension
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