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“A Civil Inconvenience”? The Vexed Question of Slave Marriage in the British West Indies
Published online by Cambridge University Press: 18 August 2010
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This article revisits the debates on the question of slave marriage that were carried on for roughly two centuries, both back and forth across the Atlantic and on the local terrain of the British West Indian plantation colonies. These debates came into critical focus during the fifty-year showdown over “amelioration,” which ended—though only in a manner of speaking—with the British Abolition Act of 1833. For a long time the lines were starkly drawn, but, in the context of laissez-faire political imperium or “indirect rule,” seldom tested. The metropolitan authorities felt some obligation to uphold the grand moral and civilizational integrity of the as-yet imperfectly imagined British Empire, as well as of Western Christendom. They, therefore, were inclined to see the slave as a species of imperial subject, still vaguely conceived within the emerging terms of reference of their global trusteeship and presumptive legal jurisdiction. They felt that, to honor the dignity of the latter, and sustain and nurture its moral legitimacy, the slaves—their subjects, ultimately—should be encouraged to marry, and their marriages should be formally marked, if only symbolically or by summary Christian rite. The planters, for their part, were unshaken in their certitude that the slaves were a species of property, their property no less, and that the idea of any kind of formal marriage among them was preposterous, a great impertinence, an attack on their authority and rights of property, a threat to public safety, and a dangerous intrusion upon the sacrosanctity of European racial exclusivity and superiority.
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References
1. Rev. John Stephen to Governor Charles Cameron, 2 May 1816, enclosed in Cameron to Earl Bathurst, 12 July 1816, British Parliamentary Papers: Slavery and the West Indies 1818–1823, Correspondence—Marriage of Slaves, 217–26. All subsequent quotes from Stephen are taken from this letter and pages will be identified accordingly. Emphases are in the original unless noted otherwise.
2. Attorney General Wylly, a key principal in the Stephen correspondence, was himself a slaveowner. In delivering his professional opinion he spoke in his official capacity and not as a planter. But, while by no means anti-slavery, he was not a typical planter. A reformist, he had incurred the enduring wrath of the slave-owning classes in the Bahamas by prosecuting some of the biggest owners among them for violations of the protective clauses of the 1797 ameliorated slave code of the Bahamas and the 1807 imperial statute abolishing the slave trade. He was a convert to Methodism and had adopted a policy of “paternalistic humanitarianism” with respect to his own slaves, designing for their benefit “a set of regulations which included more generous allotments than those provided by law, inducements and penalties to promote marriage and family life, and provision for baptism, regular church services, and Sunday schooling.” Craton, Michael and Saunders, Gail, Islanders in the Stream: A History of the Bahamian People (Athens: The University of Georgia Press, 1992), 222Google Scholar.
Earl Bathurst was Secretary of State during a period of unprecedented shifts in the conduct of relations between British metropole and West Indian colony. These were primarily occasioned by the growing agitation for the amelioration of the status and living conditions of the enslaved and the debate over who should legislate and oversee the process. For two centuries what some took for granted as the “transcendent power of parliament to make laws for every part of the British empire” had lain dormant, partly because its exercise was regarded as impolitic with respect to duly vested British settlers and not conducive to the maintenance of trade and profit flows from the colonies, and partly because others, not least among them the colonists themselves, denied that such a power existed at all. Murray, D. J., The West Indies and the Development of Colonial Government, 1801–1834 (Oxford: Clarendon Press, 1965), 2.Google Scholar In fact, Parliament had played little role in colonial administration. Laws passed by colonial legislatures were subject to royal assent and veto, but even those had often languished unexercised. In reviewing all the Antiguan legislation sent to Colonial Office between 1672 and 1900, one historian found fewer than a dozen bills disallowed by Great Britain. Lazarus-Black, Mindie, Legitimate Acts and Illegal Encounters: Law and Society in Antigua and Barbuda (Washington, D.C.: Smithsonian Institution Press, 1994), 20. See alsoGoogle ScholarSpurdle, Frederick G., Early West Indian Government (Palmerston North, N.Z.: 1962)Google Scholar for a general account of the system of colonial governance.
3. By the dawn of the nineteenth century, the laissez-faire policy of the past one hundred and fifty years was being reconsidered, and a new activist and interventionist approach to colonial governance was beginning to emerge. Bathurst's stewardship (1812–1827) of the relatively new institution of Colonial Office charted a careful course between the status quo with regard to the ancient prerogatives of planter assemblies and the growing pressure from the more radical abolitionist evangelicals in favor of direct intervention by Parliament and more activist oversight by the Crown on behalf of the enslaved. Bathurst rejected both the notion of West Indian legislative parity with the British Parliament, and hence immunity from the latter's interference (a conceit of the planter class), and abolitionist crusader James Stephen Sr.'s push for direct rule, or at least the imposition of metropolitan decisions on unwilling colonial legislatures. Bathurst's approach (and that of most British parliamentarians), one of reformist gradualism, was to try to persuade the West Indians to do the right thing and to act rationally in their own best interest. To that end, he continued to forward proposals, amendments, and orders-in-council for their legislative consideration and reconsideration in the hopes of a satisfactory amelioration settlement. He was satisfied that his way was the right way when he successfully persuaded the West Indian assemblies to pass slave registration and, later, a second round of amelioration laws of their own. But they did so kicking and screaming, always under the most vigorous protest, and, as far as they could, on their own terms. See Murray, , West Indies, esp. 89–108Google Scholar.
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25. William Vesey Munnings, Peter Edwards, and John McCartney to Cameron, 6 March 1817, enclosed in Cameron to Bathurst, 10 March 1817.
26. Stephen had made reference to 32d Henry VIII. chap. 38, where it is declared that “all persons may lawfully marry, but such as are forbidden by God's law, &c. and that nothing (God's law excepted) shall impeach any marriage but within the Levitical degrees.” His point was to show that this ruling applied at a time when “slavery” (villeinage) had not yet been abolished in England. Stephen to Cameron, 221.
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31. The reasons have to do with the prevalence of non-plantation slavery, the smaller scale, milder conditions, and early decline of cotton plantation slavery, the circumstances of the Loyalist influx, and, although patterns differed from island to island, the demographic structure, featuring an overall black-to-white ratio that was considerably lower than the British Caribbean average. See Craton, and Saunders, , Islanders in the Stream, esp. 258–96Google Scholar.
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83. Jamaica and the Windward Island group were the most prominent “home-fed” and “slave-fed” islands. Barbadian planters were unusual in adopting the (unevenly applied) strategy of centralized plantation-grown domestic food crops, while Antigua was more clearly a “foreign-fed” island. It depended primarily on the topography of the island, but even where there was a scarcity of non-plantation land slaves cultivated small kitchen gardens around their cottages. See Higman, , Slave Populations, 204–18Google Scholar.
84. In the post-emancipation period, a new system of oppression emerges when these plantation-based socialized services are withdrawn, and (a) the state fails to take up the slack, and (b) truncated family structures prove particularly incapable of absorbing the additional, unremunerated labor services called for, especially as most women are forced to prioritize paid work to support themselves and their children. See Holt, The Problem of Freedom; Brereton, Bridget, “Family Strategies, Gender, and the Shift to Wage Labour in the British Caribbean,” in The Colonial Caribbean in Transition: Essays on Postemancipation Social and Cultural History, ed. Brereton, Bridget and Yelvington, Kevin A. (Kingston, Jamaica: Press University of the West Indies; Gainesville: University Press of Florida, 1999), 77–107Google Scholar.
85. But for details of the punishments incurred by such slaves, Thomas Thistlewood's eighteenth-century diary is probably the best source. See Hall, In Miserable Slavery, passim.
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100. Smith, “Hierarchy and the Dual Marriage System.”
101. See Alexander, Jack, “Love, Race, Slavery, and Sexuality in Jamaican Images of the Family,” in Kinship Ideology and Practice in Latin America, ed. Smith, R. T. (Chapel Hill and London: University of North Carolina Press, 1984)Google Scholar; Smith, Raymond T., Kinship and Class in the West Indies (Cambridge: Cambridge University Press, 1988)Google Scholar; Austin, Diane J., “History and Symbols in Ideology: A Jamaican Example,” Man, n.s. 14 (1979): 497–514Google Scholar.
102. Phibbah was Thistlewood's slave “wife.” See Hall, In Miserable Slavery; and Burnard, Trevor, Mastery, Tyranny, and Desire: Thomas Thistlewood and His Slaves in the Anglo-Jamaican World (Chapel Hill and London: The University of North Carolina Press, 2004)Google Scholar.
103. Altink, Henrice, “‘To Wed or Not to Wed?’: The Struggle to Define Afro-Jamaican Relationships, 1834–1838,” Journal of Social History 38 (Fall 2004): 81–111,CrossRefGoogle Scholar esp. 86–7.
104. See Hall, In Miserable Slavery, passim; and Burnard, , Mastery, Tyranny, and Desire, 137–240Google Scholar.
105. “Elite” male slaves included skilled artisans and drivers or headmen.
106. Quoted in Melanie Newton, , “‘New Ideas of Correctness’: Gender, Amelioration and Emancipation in Barbados, 1810s–50s,” Slavery and Abolition 21.3 (December 2000): 94–124,CrossRefGoogle Scholar esp. 111.
107. Burnham's is, in my opinion, the single best article on the legal and moral conundrums surrounding slave marriage in the U.S. I have been much indebted to her for my earlier conceptualizations of the British West Indian case. Burnham, , “an Impossible Marriage,” 212, 222.Google Scholar See also excellent books by Bush, Barbara, Slave Women in Caribbean Society, 1650–1838 (Bloomington: Indiana University Press, 1990)Google Scholar; Beckles, Hilary McD., Natural Rebels (New Brunswick, N.J.: Rutgers University Press, 1989)Google Scholar; Beckles, Hilary McD., Centering Woman: Gender Discourse in Caribbean Slave Society (Kingston: Ian Randle Publishers; Princeton: Markus Wiener Publishers; Oxford: James Currey Publishers, 1999)Google Scholar.
108. Quoted in Bennett, , Bondsmen and Bishops, 35Google Scholar.
109. Mrs. Carmichael, , Domestic Manners, 2:237Google Scholar.
110. See Carmichael, , Domestic Manners, esp. 2:181–86.Google Scholar Mrs. Carmichael presents herself as both an unreconstructed apologist for slavery and the planter class and a keen observer of plantation society and the lives of the enslaved.
111. See Lewis, M. G., Journal of a West India Proprietor; Kept during a Residence in the Island of Jamaica, with an introduction and notes by Terry, Judith, editor (Oxford: Oxford University Press, 1999Google Scholar; originally published London: J. Murray, 1834); Carmichael, Domestic Manners; Waddell, Twenty-Nine Years.
112. See Turner, Slaves and Missionaries; Buchner, J. H., The Moravians in Jamaica (1854; reprint, Freeport, New York: Books for Libraries Press, 1971)Google Scholar; Waddell, Twenty-Nine Years; Hall, Civilising Subjects.
113. Quoted in Bennett, , Bondsmen and Bishops, 117Google Scholar.
114. Buchner, , Moravians in Jamaica, 45Google Scholar (page citations are to the reprint edition). However, the second regulation forbade them to “appoint such a man to be a helper or servant in the church” (ibid.).
115. Marriages performed by dissenting ministers were seen as binding within the church but had no standing in the law of the land, on the basis of both the slaves' own legal incapacity and the dissenting ministers' lack of legal authority to perform marriages. Buchner, , Moravians in Jamaica, 45Google Scholar.
116. The special sanctioning of the polygynous households of elite male slaves was a somewhat different matter.
117. See Altink, “‘To Wed or Not to Wed.’”
118. Leeward Islands Act No. 36, vol. 1., The Laws of the Island of Antigua Consisting of the Acts of the Leeward Islands, 1690–1798, and Acts of Antigua, 1668–1845 (London: Samuel Bagster, 1805–1846)Google Scholar.
119. Kean Osborn, Spanish Town, Jamaica, to Nathaniel Phillips, London, 5 December 1790, MS. 1966, Clare Taylor Collection: Slebech Papers, National Library of Jamaica.
120. This is a reference to a special statute in Jamaica by which free colored individuals were allowed to petition the Assembly (or to have someone petition the Assembly on their behalf) for “special privileges” that would render them legally white, thereby conferring upon them an approximation of the whole bundle of rights and obligations that came with free white status. This “special privileges” statute was peculiar to Jamaica among the British islands. See Heuman, Gad J., Between Black and White: Race, Politics, and the Free Coloreds in Jamaica, 1792–1865 (Westport, Conn.: Greenwood Press, 1981), 6Google Scholar.
121. Burnham, , “An Impossible Marriage,” 221–22Google Scholar.
122. Beckles, , Natural Rebels, 142–43Google Scholar.
123. Altink, , “‘To Wed or Not to Wed,’” 87Google Scholar.
124. In the late nineteenth and early twentieth centuries, when the demographic disaster of slavery had been completely reversed, the high birthrate was accompanied by a high infant mortality rate, which was again blamed on black women's immorality. See Richardson, Bonham C., Panama Money in Barbados, 1900–1920 (Knoxville: University of Tennessee Press, 1985), 77–80Google Scholar.
125. See Hall, , In Miserable Slavery, 50Google Scholar.
126. Quoted in Newton, , “‘New Ideas of Correctness,’” 113Google Scholar.
127. Mills, The Racial Contract.
128. See Olivier, Sydney, Jamaica, the Blessed Island (1936; reprint, New York: Russell & Russell, 1971); andGoogle ScholarPhillippo, James M., Jamaica: Its Past and Present State (1843; reprint, Westport, Conn.: Negro Universities Press, 1970)Google Scholar.
129. Besson, Jean, “Reputation and Respectability Reconsidered: A New Perspective on Afro-Caribbean Peasant Women,” in Women and Change in the Caribbean, ed. Momsen, J. H. (Kingston: Ian Randle; Bloomington: Indiana University Press; London: James Currey, 1993), 15–37Google Scholar.
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