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
Much of the same casuistry is manifested in dealing with the
question of slave marriages. A bondman might be made amenable to the
law of banns and celebration; but his continued enjoyment of marital
rights and family life was absolutely precarious. As Moore suggests,
the proviso of the act of 1705 forbidding the "unreasonable denial
of marriage to negroes is very interesting. Legislation against the
arbitrary exercise and abuse of authority proves its existence and
the previous practice."[699] Besides, the adoption of that law was
prompted perhaps as much by self-interest as by regard for morality.
It was in effect a prudent police ordinance. Masters were liable
for the legal fines imposed on their slaves for sexual offenses.
It might be cheaper and less troublesome to allow orderly wedlock.
"Moreover it is too well known," writes Sewall, "what Temptations
Masters are under, to connive at the Fornication of their Slaves;
lest they should be obliged to find them Wives, or pay their Fines.
It seems to be practically pleaded that they might be Lawless;
'tis thought much of, that the Law should have satisfaction for
their Thefts, and other Immoralities; by which means, _Holiness to
the Lord_ is more rarely engraven upon this sort of servitude. It
is likewise most lamentable to think, how in taking Negroes out
of _Africa_, and selling of them here, That which God has joined
together, men do boldly rend asunder; Men from their Country,
Husbands from their Wives, Parents from their Children. How horrible
is the Uncleanness, Mortality, if not Murder, that the ships are
guilty of that bring great Crouds of these miserable Men and Women.
Methinks when we are bemoaning the barbarous Usage of our Friends
and Kinsfolk in _Africa_: it might not be unreasonable to enquire
whether we are not culpable in forcing the _Africans_ to become
Slaves amongst ourselves."[700]
[Footnote 699: MOORE, _op. cit._, 55.]
[Footnote 700: SEWALL, _The Selling of Joseph_: in 5 _Mass. Hist.
Coll._, VI, 17, 18.]
For another reason families were in constant danger of being
separated. The breeding of slaves was not generally regarded as
convenient or profitable in New England. According to Belknap,
"negro children were considered an incumbrance in a family; and when
weaned, were given away like puppies," and they were "publickly
advertised in the news-papers" to be so disposed of.[701]
[Footnote 701: BELKNAP'S answer to TUCKER'S _Queries_: in 1
_Mass. Hist. Coll._, IV, 200; _cf._ MOORE, _Notes on Hist. of
Slavery in Mass._, 57.]
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