Samuel McKean

HS201, Sec. 20193

Fall, 1999

In the Proprietary Colony of Maryland in the 17th century, marriages (or cohabitation) between white women and black slaves were apparently so frequent, and at a time when white men were competing for the small number of marriageable white women, that on September 21, 1664, Maryland enacted a law totally at variance with English tradition. In drawing up the act of 1664, to prevent slaves from pleading freedom by version of baptism (i.e., conversion to Christianity), the upper council of Maryland asked the Lower House what it intended to do with free women of English or other Christian nations, who married negroes or other slaves; should they be required to serve as long as their husbands lived and should they and their offspring be considered free or bond? Within a few hours, the Lower House sent back their answers: women who married Negroes or other slaves should not serve during their husband's lies, but their offspring should serve to the age of thirty years.

However, the act which was soon passed thereafter stated that

...divers free born English women forgetful of their free condition and to the disgrace of our nation do intermarry with Negro slaves by which also divers suits may arise touching the issue of such women and a great damage doth befall the masters of such Negroes for prevention whereof for deterring such free born women from such shameful matches. Be it further inacted by the authority advise and cosent aforesaid that whatsoever free born women shall intermarry with any slave from and after the last day of this present assembly shall serve the master of such slave during the life of her husband and that all the issue of such freeborn women so married shall be slaves as their father were. And be it further enacted that all the issues of English or other freeborn women that have already married Negros shall serve the master of their parents til they be thirty years of age and no longer.

Maryland however, soon adopted the common rule that slave status could be inherited only from the mother, not the father. By the act of September 17, 1681, children born of white servant women and Negroes were free. The act of 1681 declared that all children of slaves were to serve for life. It further provided that if her master knew of the marriage, he was liable to a fine of up to 10,000 pounds of tobacco, the same for the minister or magistrate who performed the service. <./P>

Be it enacted by the Right Honorable the Lord Proprietor by and with the advise and consent of the upper and lower houses of this present General Assembly and the authority of the same, that all Negroes and other slaves already imported or hereafter to be imported into this province shall serve (durante vita) and all the children already born or hereafter to be born of any negros or other slaves within this province shall be slaves to all intents and purposes as their fathers were for the term of their natural lives. And as much as divers free born English or white women sometimes by the instigation, procurement or conievance of their master, 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 negros and slaves by which means, diverse inconvienceies, controversies and suits may arise touching the issue or children of such freeborn women aforesaid, for the prevention whereof for the future, Be it further enacted by the authority aforesaid that if any master, mistress or dame having any freeborn English or white woman servants as aforesaid in their possession or property shall by instigation, procurement, knowledge, permission or contrivance whatsoever, suffer any such freeborn English or white woman servant in their possession and wherein they have property as aforesaid to intermarry or contact in matrimony with any slave from and after the last day of this present session of Assembly, that then the said master, mistress or dame of any such freeborn women as aforesaid so married as aforesaid shall forfeit and loose all their claim and title to the service and servitude of any such freeborn woman and also the said woman servant so married shall be and is by this present act absolutely discharged and manumitted and made free instantly upon her intermarriage as aforesaid from the service and employment, use, claim or demands of any such master, mistress or dame so offenkind as aforesaid, and all children born of such freeborn women so manumitted and freed as aforesaid shall be free as the women so married as aforesaid as also the said master, mistress, or dame shall forfeit the sum of ten thousand pounds of tobacco, one half thereof to the Lord Proprietor and the other half to him or them that shall inform and sue for the same to be recovered in any court of record within this Province by bill, plaint or information, wherein no essoine, protection or wager of law to be allowed. And any priest, minister, magistrate, or other person whatsoever within this Province that shall from and after the publication hereof join in marriage any Negro or other slave to any English or other white women servant freeborn as aforesaid shall forfeit and pay the sum of ten thousand pounds of tobacco, one half to the Lord Proprietor and the other half to the informer or other person grieved, to be recovered by action of debt, bill, plaint or information in any court of record within this province, wherein noessoine, protection or wager of law to be allowed. And be it further enacted by the authority aforesaid, that one act entitled an act concerning Negros and slaves be and is hereby utterly repealed and made void provided that all matters and things relating in the said act to the marriage of Negroes with freeborn women and their issue are firm and valid according to the true intent and purpose of the said act until this present time of the repeal thereof anything in this act to the contrary not withstanding.

By a later act of 1692, a white woman who married, or had a child by a slave or free Negro, became a slave (indentured servant) for seven years, to the use of the parish clergy or the poor. If the woman was a servant and the master had not known about her offense, first she compensated his loss by service. The black served for life, unless he was free. If he was free and impregnated a white woman he would also serve for seven years. There was the same heavy fine against the master who allowed such a marriage and against the person who performed it. Also, any white man who married or had a child by a Negro woman, was put to service for seven years.

Still later, by act of 1715, ministers and magistrates were forbidden to marry any white to "any Negro whatsoever, or Mulatto slave." By this act however, a white and a free mulatto could marry. The fine against the minister or magistrate was reduced to 5,000 pounds of tobacco. Any white woman who became a mother by a slave or free Negro had to serve seven years, as before, and the free black served the same. The children of such unions served until they were thirty-one years of ago. In 1788, a committee of the House of Delegates (successor to the Lower House) reported in favor of abolishing those parts of these laws which imposed penalties on the children. Two years later, these provisions were abolished, it being, in the collective mind of the delegates, inhuman and "contrary to the principles of Christian religion," to impose penalties on children for the offenses of their parents.