The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
The act of repeal of 1681, therefore, is self explanatory. The
preamble reads: "Forasmuch as, divers free-born _English_, or white
women, sometimes by the instigation, procurement or connivance of
their masters, mistresses, or dames, and always to the satisfaction of
their lascivious and lustful desires, and to the disgrace not only of
the _English_, but also of many other Christian nations, do intermarry
with Negroes and slaves, by which means, divers inconveniences,
controversies, and suits may arise, touching the issue or children of
such free-born women aforesaid; for the prevention whereof for the
future, _Be it enacted_: That if the marriage of any woman-servant
with any slave shall take place by the procurement of permission of
the master, such woman and her issue shall be free." It enacted a
penalty by fine on the master or mistress and on the person joining
the parties in marriage.[456]
The effect of this law was merely to prevent masters from prostituting
white women to an economic purpose. It did not prevent the
miscegenation of the two races. McCormac says: "Mingling of the races
in Maryland continued during the eighteenth century, in spite of all
laws against it. Preventing marriages of white servants with slaves
only led to a greater social evil, which caused a reaction of public
sentiment against the servant. Masters and society in general were
burdened with the care of illegitimate mulatto children, and it became
necessary to frame laws compelling the guilty parties to reimburse the
masters for the maintenance of these unfortunate waifs."[457] To
remedy this laws were passed in 1715 and 1717 to reduce to the status
of a servant for seven years any white man or white woman who
cohabited with any Negro, free or slave. Their children were made
servants for thirty-one years, a black thus concerned was reduced to
slavery for life and the maintenance of the bastard children of women
servants was made incumbent upon masters. If the father of an
illegitimate child could be discovered, he would have to support his
offspring. If not this duty fell upon the mother who had to discharge
it by servitude or otherwise.[458]
As what had been done to prevent the admixture was not sufficient, the
Maryland General Assembly took the following action in 1728:
"Whereas by the act of assembly relating to servants and slaves,
there is no provision made for the punishment of free mulatto
women, having bastard children by negroes and other slaves, nor
is there any provision made in the said act for the punishment of
free negro women, having bastard children by white men; and
forasmuch as such copulations are as unnatural and inordinate as
between white women and negro men, or other slaves.
Public-domain text, read in full here on John Shaqi.
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