Jumpin' the Broom: Examining Slave Marriages

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photographic print, Slave Family, 1862, G. H. Houghton, LOC
Question

Could slaves marry?

Answer

While American slaves “married” throughout the more than two centuries that slavery existed on the North American mainland, none of those marriages received legal sanction or protection from any colonial, state, or federal governments. The question illustrates the profound truth that “marriage” has never been a simple, self-defining institution in any era of human history.

Africans held as slaves carried a wide variety of marriage customs across the Atlantic, as did white European settlers. Native American inhabitants, some of whom enslaved each other, also experienced several forms of married life, all of which contributed to marriage traditions among slave populations.

Many early modern Africans engaged in the monogamous practice of a single household for husband and wife. In fact, monogamy appears to have been the most common tradition within the regions most affected by the Atlantic slave trade, but there were also numerous African families who experienced different types of plural marriage and domestic life within complicated, extended households.

As slaves in America, Africans were generally encouraged by white masters to live together as nuclear families and to have children, yet they were also denied any legal support for those households. The resulting cultural evolution appeared to reinforce monogamous marriage among slaves, while simultaneously undermining the main elements essential for a fully realized domestic life.

Enslaved couples, especially on larger plantations, were often said to be “taking up” with each other and then allowed to “marry” with permission from their owners. These marriages sometimes resulted in full-fledged wedding ceremonies with pastors or ministers, described in folklore as “jumping the broom.” These might be attended not only by slaves, but also by masters and their families. Slaves within smaller farms or households typically had to marry “abroad,” meaning with spouses owned by different masters and living apart.

Regardless of how they married or the degree to which their marriages had open encouragement from churches or owners, the absence of legal protection meant that all slave marriages were vulnerable. Scholars estimate that in the Upper South, where the domestic slave trade flourished most vigorously before the Civil War, about one third of slave marriages were broken apart by sale and that nearly half of the enslaved children in that region were separated from parents by the human marketplace.

Despite difficult and disruptive circumstances, the persistence of marriage practices during the era of American chattel slavery testifies to the immense power and appeal of this complicated but enduring domestic tradition.

For more information

American Memory, Library of Congress. Born in Slavery: Slave Narratives from the Federal Writers’ Project, 1936-1938.

Cott, Nancy F. Public Vows: A History of Marriage and the Nation. Cambridge, MA: Harvard University Press, 2002.

University of North Carolina at Greensboro. Digital Library of American Slavery.

Kolchin, Peter. American Slavery, 1619-1877. New York: Hill and Wang, 2003.

Thirteen/WNET New York (PBS). “The Slave Experience: Family.” Slavery and the Making of America.

Thornton, John. Africa and Africans in the Making of the Atlantic World, 1400-1680. 2d ed. Cambridge, UK: Cambridge University Press, 1998.

Defining Dred Scott bhiggs Mon, 10/01/2012 - 11:49
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Engraving, Dred Scott, 1887, LOC
Question

Who was Dred Scott, and what was the significance of his case?

Answer

Dred Scott was one of the most famous slaves in American history. By filing for freedom in St. Louis Circuit Court on April 6, 1846, this husband and father of two girls set in motion a chain of events that helped bring about the coming of the Civil War and the destruction of slavery.

Scott was born about 1800 in Virginia, and grew up as the property of Peter Blow. The Blow family moved westward and eventually settled in St. Louis, MO, by 1830. A few years later, U.S. Army surgeon John Emerson purchased Scott and brought him to Illinois and then the Wisconsin Territory. At Fort Snelling (in what is now Minnesota), Dred Scott married Harriet Robinson, who was owned by another white man living in the fort. Dred and Harriet Scott then raised two girls, Eliza and Lizzie.

The Scotts had a strong legal claim, derived from the principle known as "once free, always free."

After returning to St. Louis. John Emerson died in 1843, and his widow Irene Emerson, with the help of her brother, John Sanford, began hiring out Dred and Harriet to other slaveholders. However, because the Scotts had been held as slaves in free states and territories–not just during transit or “sojourn,” but for extended periods of time—they were eligible to sue in Missouri courts for freedom. Many historians now believe that Harriet Scott discovered this information from her pastor and was behind their freedom suits in April 1846.

The Scotts brought suit against Mrs. Emerson in 1846, which was decided against them, but in a subsequent action in 1850 the court sided with the Scotts. The Scotts had a strong legal claim, derived from the principle known as “once free, always free” and protected within the federal system by the doctrine of comity, meaning that the states had to honor each other’s laws. The startling reversal by the Missouri Supreme Court in 1852 of an earlier legal victory by the Scotts signaled a dramatic breakdown in comity and the rising threat of disunion. Both pro- and anti-slavery forces quickly realized the national implications of the state verdict and re-filed arguments in federal courts as Dred Scott v. Sandford.

Dred Scott, however, was not alive to see either that political contest or the war that subsequently ended slavery.

The legal battle continued until March 6, 1857, when Chief Justice Roger Taney read a sweeping majority opinion from the Supreme Court that denied blacks federal citizenship rights, swept aside comity concerns, and invalidated the 1820 Missouri Compromise legislation, declaring that Congress had no power to prohibit slavery in the territories. The furious backlash against the decision by Northern Republicans essentially guaranteed that the election of 1860 would be one of the most significant in American history.

Dred Scott, however, was not alive to see either that political contest or the war that subsequently ended slavery. He had died in 1858, a free man and head of a free household. Taylor Blow, the son of Dred Scott’s first owner, had made the remarkable decision in May 1857 to purchase the entire Scott family and set them free. There are still descendants of the Scotts alive today.

For more information

Arenson, Adam. “Freeing Dred Scott.” Common-Place 8:3 (April 2008)

Ehrlich, Walter. They Have No Rights: Dred Scott’s Struggle for Freedom. Westport, CT: Greenwood Press, 1979.

Fehrenbacher, Don E. The Dred Scott Case: Its Significance in American Law and Politics. New York: Oxford University Press, 1978.

Konig, David Thomas, Paul Finkelman, and Christopher Alan Bracey, eds. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law. Athens: Ohio University Press, 2010.

Pinsker, Matthew. “Dred and Harriet Scott: A Family Story of Slavery and Freedom.” Video presentation. Gilder Lehrman Institute for American History.

Washington University in St. Louis. “The Revised Dred Scott Case Collection.”

VanderVelde, Lea. Mrs. Dred Scott: A Life on Slavery’s Frontier. New York: Oxford University Press, 2009.

Mayme Clayton's Collection Anonymous (not verified) Wed, 12/17/2008 - 20:28
Description

Gwen Wright of PBS's History Detectives speaks to Avery Clayton, son of Mayme Clayton, about his mother's collection of African-American history and memorabilia—the world's largest private collection on the topic.

Hanby House [OH]

Description

This is the home of Benjamin Russell Hanby, composer of numerous songs, including "Darling Nellie Gray" and "Up on the Housetop." Hanby played many roles in his life, as well as composer: student, abolitionist, father, teacher, minister. The house was built in 1846 and occupied by the Hanbys from 1853 to 1870. From their house and barn, Ben Hanby and his father, Bishop William Hanby, ran a busy station on the Underground Railroad. The home contains furniture and personal items from the family. There is a walnut desk made by Hanby. The original plates for the first edition of "Darling Nellie Gray" and a large collection of sheet music and books are at the site.

The house offers tours.

Teaching the Emancipation Proclamation on Constitution Day

Date Published
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Print, The day of Jubelo, c. 1865, Edmund Birckhead Bensell, LoC
Article Body

Are you ready for September 17? The National Endowment for the Humanities (NEH) is. This year, the NEH will celebrate Constitution Day by honoring the Constitution together with another pivotal document from U.S. history: the Emancipation Proclamation. With the Proclamation's 150th anniversary approaching, Constitution Day is the perfect time to compare and contrast the promises made in the Constitution and the Emancipation Proclamation.

From the NEH's Emancipation Resource Portal, you can access resources and learn more about planned events. Highlights include:

  • A live, streamed performance on Constitution Day. A panel of Civil War scholars will "recreate the national scene and the dilemmas facing Americans on Sept. 22, 1862." Students will be able to submit questions via Twitter or email. (Register your "watch party" here.)
  • A contest asking students to interpret a primary source from the Freedmen and Southern Society Project or Visualizing Emancipation. (The contest is limited to students 18 years of age or older, but consider adapting the contest concept for your own school or classroom.)
  • Related lesson plans from EDSITEment.
  • An interactive timeline of emancipation from 1850 to 1877.

For more on the Emancipation Proclamation, check out materials highlighted here on Teachinghistory.org. Watch 8th-grade teacher Jason Fitzgerald introduce his students to the Proclamation using letters from Civil War soldiers. (Download the letters here as you listen to historian Chandra Manning analyze their contents.)

Or join historian John Buescher in this Ask a Historian as he considers what makes a document a founding document. Is it a document that stands for part of what the U.S. represents? A document from the country's founding?

As your students prepare for Constitution Day, the NEH's theme gives you the perfect chance to ask, "In what ways are the Constitution and the Emancipation Proclamation both founding documents?" Analyzing them together gives students a unique opportunity to explore the changing definition of "We the People."

Frederick Douglass National Historic Site

Description

The Frederick Douglass National Historic Site is dedicated to preserving the legacy of the most famous 19th-century African American. His life was a testament to the courage and persistence that serves as an inspiration to those who struggle in the cause of liberty and justice. Visitors to the site learn about his efforts to abolish slavery and his struggle for rights for all oppressed people.

The site offers tours, a film, and exhibits.

African Burial Ground National Monument [NY]

Description

During the 17th and 18th centuries, hundreds of free and enslaved African Americans were buried in lower Manhattan. Over the ensuing decades, the ground was covered by development and a landfill. Today, the United States General Services Administration (GSA) manages the site. The national monument comprises a relatively small area of the original burial ground, which could possibly extend across Broadway to City Hall.

The site offers historical information about the site, information about the process by which it was designated a National Monument, and government reports regarding the site. The web site, which is linked to on the homepage of the website given here, has more relevant visitor information. In order to contact the National Monument via email, use the "contact us" link on the webpage.

Carter G. Woodson Home National Historic Site [DC]

Description

Carter G. Woodson was the son of former slaves and was the second African American to receive a degree from Harvard, a feat which he achieved in 1912. Woodson is most famous for his prolific writings and publications which, for the first time, chronicled the history of African Americans. In addition, Woodson founded the Association for the Study of Negro Life and History and The Associated Publishers in order to aid in positive press for the African American population. The Woodson Home is located on Vermont Avenue in downtown Washington, D.C.

The site offers detailed historical information on the house and Carter Woodson, as well as visitor information. In order to email the Woodson Home, use the "contact us" link on the webpage.

Cane River Creole National Historical Park [LA]

Description

The Cane River Creole National Park contains Oakland and Magnolia Plantations. Oakland Plantation, dating to circa 1821, was the home of Jean Pierre Emmanuel Prud'homme. The structure is French Colonial in style with bousillage construction. Magnolia Plantation was built in the 1830s for Ambrose LeComte. Styles include Greek Revival and Italianate. Collection highlights include the last U.S. cotton gin with a wooden screw press located on its original site.

Both plantations offer ranger-led tours, self-guided tours, painting workshops, musicians, storytellers, craftsmen, Junior Ranger activities, and picnic sites. The website offers videos and historic photographs.

Maggie L. Walker National Historic Site [VA]

Description

The Maggie L. Walker National Historic Site consists of the 1883 home in which Walker resided between 1904 and 1934. The furnishings are original to the family, and the home is located in the community of Jackson Ward, the center point of African American business and social life in Richmond, Virginia circa 1900. Born just 2 years after the Civil War, she overcame the ethnic and gender limitations of society to become the first woman in the United States to charter a bank. Despite the low social status afforded to her as an African American during her time, Walker additionally ran a newspaper, greatly enhanced the scope of the Order of St. Luke, and eventually served as a bank president.

The site offers exhibits, hands-on activities and traveling trunks tailored to educational standards, guided tours, and Junior Ranger activities. Reservations are required for tours involving 10 or more people. The website offers a gallery of more than 100 historic photographs.