The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Posted in Articles, Book/Video Reviews, History, Law, Media Archive, United States on 2017-03-25 22:36Z by Steven

The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Journal of the Early Republic
Volume 37, Number 1, Spring 2017
pages 183-185
DOI: 10.1353/jer.2017.0015

Terri L. Snyder, Professor of American Studies
California State University, Fullerton

The Fight for Interracial Marriage Rights in Antebellum Massachusetts. By Amber D. Moulton. (Cambridge, MA: Harvard University Press, 2015. Pp. 288. Cloth, $45.00.)

In this sharply focused study, Amber D. Moulton examines the battle to overturn the Massachusetts statute banning interracial marriage, originally enacted in 1705 and repealed in 1843, and offers a penetrating analysis of early arguments over the right to marry. Each chapter critically foregrounds existing studies of miscegenation law, and the epilogue usefully links the legal histories of interracial and same-sex marriage. Long before Loving v. Virginia (1967) or Obergefell v. Hodges (2015), some antebellum activists in Massachusetts argued that marriage was a constitutional right and an essential element of social and political equality. The claim of equal rights alone did not carry the day, however. As Moulton demonstrates, the most persuasive arguments against the law were rooted in appeals to moral reform rather than in demands for racial civil rights.

The Fight for Interracial Marriage Rights is a skillful blend of legal history and lived experience. In her first chapter, Moulton offers a history of the ban and analyzes its consequences for interracial families. Colonial Massachusetts, following the lead of the slave societies of the Caribbean and the Chesapeake, banned interracial marriage in 1705. The statute was expanded in scope and severity in 1786 and remained in place until 1843, when it was overturned. Despite the legal prohibition against interracial unions, women and men of different races continued to marry in Massachusetts. The legal ban was clear-cut in theory, but interracial couples pursued varying strategies in their marriage practices. Some couples gained the protection of legal marriage when they wed outside of Massachusetts and returned to the colony or state as husband and wife. If partners could not be legally married, they established informal unions and protected children through carefully delineated inheritance strategies. Others shunned the law altogether. However, once an informally married interracial couple came to the attention of the courts—particularly when they or their children petitioned for support—their union could be voided and their children declared illegitimate. Class was a clear factor: The poorest couples were more at risk for having their claims to wedlock invalidated. Moreover, the official ban on interracial marriages sometimes existed in opposition to local culture. At least some interracial couples who attained middling status appear to have been accepted in their neighborhoods.

Subsequent chapters investigate the range of advocates who fought against the ban on interracial marriage. In some of the more fascinating examples in her study, Moulton investigates and highlights the transmission of activist aims in African American families. In 1837, for instance, African American activists made the right to interracial marriage a plank on their antislavery platform; some of these activists were either spouses in or children born to interracial unions. The study is also strong in its analysis of gender. Regardless of race, women activists who opposed the ban were charged with indecency. Some opponents claimed that political petitioning in support of interracial marriage—and the racial mixing it implied—was anathema to white femininity. However, some women activists countered that interracial marriage protected women. Marriage, they argued, was a bulwark against licentiousness (which could lead to promiscuity and prostitution), provided the security of patriarchal family structure, and offered official legitimacy for children of these unions as well.

Rather than claims of equal rights, then, the most persuasive arguments in overturning interracial marriage prohibitions in Massachusetts were rooted in the values of traditional marriage and gender roles, patriarchal ideologies and feminine duty, and the importance of Christian morality. At the same time, unforeseen events, such as the Latimer case, which aroused indignation over southern demands that Boston’s officials hunt fugitive slaves, galvanized public opinion in favor of overturning the law. Ultimately, prohibiting interracial marriage was viewed as immoral, unconstitutional, and unjust, as well as a uniquely southern encroachment on individual freedom from which northerners wanted to distance themselves. Despite its innovation, however, Massachusetts did not become a model for the nation: Twenty years after that state legalized interracial marriage, over…

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The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Posted in Articles, Book/Video Reviews, History, Law, Media Archive, Slavery, United States on 2017-02-09 02:01Z by Steven

The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

The Journal of the Civil War Era
Volume 6, Number 4, December 2016
pages 594-596
DOI: 10.1353/cwe.2016.0075

Tamika Y. Nunley, Assistant Professor of History
Oberlin College, Oberlin, Ohio

The Fight for Interracial Marriage Rights in Antebellum Massachusetts. By Amber D. Moulton. (Cambridge, Mass.: Harvard University Press, 2015. Pp. 288. Cloth, $45.00.)

The 1843 repeal of the ban on interracial marriage in Massachusetts was not a guaranteed victory in the antislavery North. As Amber Moulton’s research demonstrates, the repeal was the culmination of the persistent efforts launched by African Americans and radical abolitionist allies committed to interracial rights activism in the face of formidable antiamalgamation and antimiscegenation opposition. Elucidating the social and political significance of amalgamation, Moulton underscores the process of “advancing interracialism” to further understand the justifications and merging forces that worked for and against interracial marriage and eventually full social and political inclusion (6). Through a close reading of petitions initiated by African Americans, the rhetorical strategies of activists and legislators, popular literature, committee reports, and manuscripts, Moulton presents us with a regional study that broadens our understandings of antebellum debates about interracialism beyond the scope of marriage and into the arenas of racial equality, legitimacy, and citizenship.

The book begins with an overview of the origins of antiamalgamation views rooted in eighteenth-century racial science, white supremacist justifications for colonial slavery, and the work of writers such as Jerome B. Holgate. Even as popular sentiment emphasized interracial relations as either “salacity or tragedy,” antislavery activists such as Lydia Maria Child emerged with alternative, albeit romantic, narratives about interracial relationships (26). Pairing these with popular narratives and images and actual evidence of interracial marriages, Moulton contrasts antebellum ideas about amalgamation with explanations of case studies that show how interracial couples and their children were affected by the ban. Requests made to the overseers of the poor highlight local determinations of illegitimacy that many couples and offspring confronted in efforts to receive public aid. In the second chapter, Moulton examines local responses from another lens, particularly the activism of abolitionists and prominent African American orators. Here we see that African Americans were not marginally involved in the debate over interracial marriage, as the historical scholarship suggests, but instead contributed substantially and at times independently in local organizations, editorials, speeches offered at antislavery conventions, and petitions.

Moulton builds the third chapter around a critical medium of antebellum political engagement—petitioning. The petitioning efforts of local abolitionists—particularly white women—generated controversy at a time when women’s rights, abolitionism, and sectionalism converged onto the antebellum political theater. The legislative response targeted the virtue of white female petitioners and underscored the belief that the women who signed petitions from towns like Lynn, Brookfield, Dorchester, and Plymouth inappropriately supported the repeal of the ban on interracial marriage. White women’s vocal support for repeal implicated them in sexualized discourses of interracial relationships and provoked direct attacks upon their own moral virtue. Moral reformers such as Mary P. Ryan, Eliza Ann Vinal, Maria Weston Chapman, and Lucy N. Dodge defended their activism and their political participation in debates about interracial marriage. They framed their support of the initiative as an effort to curb licentiousness, to promote the moral imperatives of marriage, and to protect the legal interests of mothers and children deserted by men. From the perspective of moralists, the lack of marital rights could only lead to immoral behavior, abandonment, and illegitimacy.

A major obstacle to the repeal effort was convincing poor whites committed to white supremacy in the North that interracial marriage should be legalized. In the fourth chapter, Moulton argues that resistance to a ramped-up fugitive slave law, and the George Latimer incident in particular, generated heightened political fervor against southern slaveholders. Latimer was a fugitive slave who fled from Virginia to Boston, where he was arrested, tried, and eventually manumitted. The case resulted in public uproar and inspired politically charged petition drives that called for an end to policies that required state authorities to detain suspected fugitives. Accordingly, the South’s imposition of the Fugitive Slave Law threatened the rights and freedoms enjoyed by white northerners, thus energizing the political momentum necessary not only to defend antislavery measures but to repeal the interracial marriage ban with the support of unlikely white citizens…

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The Fight for Interracial Marriage Rights in Antebellum Massachusetts

Posted in Books, History, Law, Media Archive, Monographs, Slavery, United States on 2015-07-13 02:00Z by Steven

The Fight for Interracial Marriage Rights in Antebellum Massachusetts

Harvard University Press
April 2015
288 pages
6-1/8 x 9-1/4 inches
11 halftones
Hardcover ISBN: 9780674967625

Amber D. Moulton, Researcher
Unitarian Universalist Service Committee

Well known as an abolitionist stronghold before the Civil War, Massachusetts had taken steps to eliminate slavery as early as the 1780s. Nevertheless, a powerful racial caste system still held sway, reinforced by a law prohibiting “amalgamation”—marriage between whites and blacks. The Fight for Interracial Marriage Rights in Antebellum Massachusetts chronicles a grassroots movement to overturn the state’s ban on interracial unions. Assembling information from court and church records, family histories, and popular literature, Amber D. Moulton recreates an unlikely collaboration of reformers who sought to rectify what, in the eyes of the state’s antislavery constituency, appeared to be an indefensible injustice.

Initially, activists argued that the ban provided a legal foundation for white supremacy in Massachusetts. But laws that enforced racial hierarchy remained popular even in Northern states, and the movement gained little traction. To attract broader support, the reformers recalibrated their arguments along moral lines, insisting that the prohibition on interracial unions weakened the basis of all marriage, by encouraging promiscuity, prostitution, and illegitimacy. Through trial and error, reform leaders shaped an appeal that ultimately drew in Garrisonian abolitionists, equal rights activists, antislavery evangelicals, moral reformers, and Yankee legislators, all working to legalize interracial marriage.

This pre–Civil War effort to overturn Massachusetts’ antimiscegenation law was not a political aberration but a crucial chapter in the deep history of the African American struggle for equal rights, on a continuum with the civil rights movement over a century later.

Table of Contents

  • Introduction
  • 1. Amalgamation and the Massachusetts Ban on Interracial Marriage
  • 2. Interracial Marriage as an Equal Rights Measure
  • 3. Moral Reform and the Protection of Northern Motherhood
  • 4. Anti-Southern Politics and Interracial Marriage Rights
  • 5. Advancing Interracialism
  • Epilogue
  • Notes
  • Bibliography
  • Acknowledgments
  • Index
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