Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
How true and yet how faint a picture of the vast influence for good of
the institution of marriage! But if marriage thus unites all which it
ennobles and beautifies life; if, as a means of education, its influence
is uncalculated and incalculable, what must be the moral degradation of
that people to whom marriage is denied? Must not the degradation also be
uncalculated and incalculable? And yet such is the condition of the
slaves! Not content with depriving them of all the higher and holier
enjoyments of marriage, by degrading and darkening their souls, the
slaveholders deny to their slaves even that slight alleviation to their
misery which would result from their marriage-relations being protected.
It is obviously true, that (Jones's "Catechism," p. 112) "all the
comfort and happiness of the marriage-state, and all the good flowing
from it, to families and the world at large, depend upon its sacredness
and purity." Without these there can be no marriage. No less true is it,
that the institution ("Rel. Inst." p. 132) "depends, for its perpetuity,
sacredness, and value, _largely_ upon the protection given to it by the
law of the land." _But the law gives no protection whatever to the
marriage of slaves!_
"Slaves cannot marry," says the Civil Code of Louisiana (Art. 182),
"without the consent of their masters; and their marriages do not
produce any of the civil effects which result from such contract."
"With the consent of their masters, slaves may marry, and their
moral power to agree to such a contract or connection as that of
marriage cannot be doubted; but, whilst in a state of slavery, it
cannot produce any civil effect, because slaves are deprived of all
civil rights" (6 Martin's Rep. 550.)
"As the State," says a writer in the "Carolina Baptist,"
"constitutionally and legally is ignorant of the marriage of slaves,
it is equally ignorant of its dissolution. _It leaves this whole
matter where it ought to be, that is, untouched, and with the owners
themselves._ If there be an abuse of this power, the remedy is not
with the State, but social, religious, and ecclesiastical" ("The
Church as it is," p. 77).
Public-domain text, read in full here on John Shaqi.
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