B. RESTRICTIONS—
1. _Marriage_: The slave never acquired legal marriage. It was generally
held that the slave regarded marriage lightly, and that, therefore, the
separation of husband and wife was not a serious matter. This philosophy
was largely true, but, at the same time, it fitted into the economics of
slavery very advantageously.
It is not to be inferred from the above that the slave did not have
formal marriage. He was usually married with considerable ceremony by
either his own minister or a white clergyman. Special preparation was
generally made for the wedding, which frequently took place in the
dining-room of the master’s mansion. It may well be contended that this
religious sanction was more sacred to the slave, who was of a very
religious nature, and, therefore, more binding than a civil marriage
would have been.
Slaves were forbidden to intermarry with free negroes or mulattoes,
except by the written permission of the master, attested by two justices
of the peace.[53] Marriage of negroes, bond or free, with white persons
was prohibited.[54] The white person of such a marriage, and the minister
who performed the marriage rite, were fined fifty pounds each.[55]
2. _Social and Economic Relations_: The slave’s relations with the
outside world were carefully guarded because they might lead to runaways,
marriages, or insurrections. No free negro or mulatto was permitted
to entertain a slave in his home “during the Sabbath, or in the night
between sunset and sunrise.”[56] The penalty for violating this act was
twenty shillings for the first offense, and forty shillings for each
succeeding offense. If the offender could not pay his fine, he was forced
to work it out. A free negro or mulatto was prohibited from marrying or
cohabiting with a slave unless the master’s consent, attested by two
justices, was obtained.[57] The free negro or mulatto, and not the slave,
was fined, for violation of this act, ten pounds or one year’s service
for the master. No master of a vessel was permitted to entertain a slave
on board, who did not hold a pass from his master or a justice of the
peace.[58] Such harboring of a slave indicated either an illicit trade
relation, or an intention of stealing the slave. For violation of this
act, the master of the vessel was fined five pounds for the first, and
ten pounds for each succeeding, offense.
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