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HOUSE....No.
46.
CommcmumiW)
of J^araactmsett^
The
Joint Special
tion of
James
P.
Committee to whom were referred the petiBoyce and 242 other legal voters of Lynn,
that so
much
sec-
of the
and
first
specially to
intermarriage
or
being contrary to the principles of Christianity and republicanism, have considered the subject so committed to them,
to
REPORT.
The
"
No
mulatto."
"
sect. 5.
And
all
marriages between a white person and a negro, InState, be abor other legal
process."
INTERMARRIAGES.
[March,
A
tee,
which have come before the Commitabove provisions, but simply pray that all laws of the Commonwealth which
do not
make
ion.
a distinction between
There
is
is
its citizens on account of complexno doubt that the prayer of these last named
petitioners
above
tee
set forth
but
it is
make
distinc-
tions
between
citizens
on account of complexion.
;
The law
stance of color
is
difference of race
may
be ascertained.
It
named
petitioners
also
understood to
Commonwealth
According
the statutes
citizens
to the
prohibited
by
which have been quoted, are entitled to stand as upon a footing of entire civil equality, and exempted
If the prohibition in question,
from
has
invidious or unequal in
its
operation, or if
it
it
ought not
Your
Committee believe
it
that
utility
its repeal.
They
are
law took
and
still
ma-
that the
spirit
1840.]
law.
houseNo.
46.
The belief that God has created a degraded and embruted race, to be trodden under foot forever by superior races, is
and
civil
equali-
on which
rest
all
masses of mankind.
lief,
It is
enough
for those
who
ions
but
it is
too
much
for
legislation,
fellow men, should be carried out in and enforced by penal enactments. Admit once
any
particular class
by
and we return
at
once
from which
human
mind.
it
necessary to say
this
law
in its oper-
had not that inequality been repeatedly denied, by auThe argument on that side of the
is,
question
that there
is
no inequality, because no
restriction is
which
is
The
est
least
obvious answer is, that the law must-neeessarily bear hardupon the race which is lowest in social position, which is
numerous,
to gain
most
by forming
It
may
connect
its
individuals
may
is
form of oppression
not a
new
one.
It
by
tyrants or bigots,
who
all
sought to
those social
influences
But that
in
tion,
it
which mitigate party strife and sectarian hatred. was oppression, and was so meant, was never denied
till
any case
the present.
we
find the
prohibition,
by the
catholic authorities, of
different
religions,
enu-
INTERMARRIAGES.
[March,
merated and classed by the historian with those regulations which removed protestants from all public institutions and from acting as guardians to the young, deprived them of the
rights of citizens, ordered that they should not
be received as
It was reserved for the astuteness of this day what the common sense of mankind had for ages stigmatized as an act of persecution, was in fact no persecution or annoyance at all. Another objection to this law is, that it is invidious, in prohibiting but a single class out of many classes of what cannot in the harshest view be considered worse than merely incon-
apprentices, &c.
to discover, that
gruous or
ill
assorted matches.
which the Legislature would be far better justified in interfering, where yet, for reasons undoubtedly good, it does not interfere
;
still
recurs,
why
spirit
The
would seem
to
make
where there
is
and
affection.
Nay,
it
would seem
being
that a marriage
But there
a scrofulous or consumptive
their offspring will
Men and women in whose blood is taint, may legally marry, though
and
in
all
short-lived
may
intermarry,
to
though the chances are more than equal, that the tendency
madness
tion
;
from generation
to
genera-
example, and
still
with the
possible that
1840.]
HOUSENo.
complexion and
46.
mere
difference of
race, is
more important
in
any
law
to
and
where
promote licentiousness.
would remark,
tween the
be-
They do
is,
not
Their object
that wher-
ever such connections are formed, the usual civil liabilities and
obligations should not
fail to
if
In other words,
to
it
the civil
law do
all
that
;
it
do in cases of marriage,
simply ratify the contract
and no more
that
to
say, let
which the
affections
all
hallowed, in
cases except
where there
is
a scriptural bar, or
mental incompetency.
where there would be one case in which the repeal of the law would cause connexions to be formed, which otherwise would not
believe, that
Your Committee
neglected.
ion, but
it is
And
this is not
by the experience of
obliged to see their
officers of
towns and
6
It
INTERMARRIAGES.
has been
said, that this is
[March,
that deIt
a statute of decency
cency
forbids marriages
first
may
be answered in the
of decency,
it
was meant
its
for a statute
if,
object,
as is be-
drawing the
civil obligation
nor
is it
New
compare disad-
On
Committee
to the
any of the
image,
tribes of
human
beings cre-
ated
by God
in his
own
may
any law, revealed or natural. Their tastes might be wounded by the apparent incongruity of such a union as they are every day wounded, with far more
other without the violation of
;
cause,
the very
young
brides.
and very
own
tastes into
rest
of their fellow
Your Committee
closing their report.
will
It
seems
the law
was a
first
enactment, but
it is
sug-
Your
by
the facts.
The
under peculiar
and
it is
do-
The
absurdity of such
1840.]
HOUSENo.
may
it
46.
a supposition,
be thus
illustrated.
The
people of this
worship
but was
Again,
among
which,
to
away
the affections of
lowance
in that respect,"
in
young men
irregularly
and disorderly
watch
af-
fections of
to
them
in places
and
seasons
evil
unknown
much
hath grown up to the dishonor of God, and damage of pargoes on to provide penalties of fine and imprisonment
all
ties,"
against
to
any maid
in this jurisdiction,
under
or,
in absence of such,
is
No law
of this description
;
now
to be
but
by
failing to re-enact
the
practice
first
away
without
There
is
no need of a
There
is
This law
is
is
among
gives the
the sentiments
and
to the world,
8
of slavery
for
INTERMARRIAGES.
;
[March,
fellow-citizens
by denying
to our colored
any
of the privileges and immunities of freemen, we virtually assert their inequality, and justify that theory of negro slavery
which
anship.
represents
it
and guardi-
Never were
says
by implication, that the most honest, intelligent and highminded negro citizen is more loathsome and less fit for associathan the
vilest
tion,
citizen.
it
the
new model
Commonwealth
and
law which contained the clauses under consideration, was modified by striking out said clauses, by The whole bill, however, was finally lost, a large majority.
sion, that part of the old
and the subject has not since received much public attention
till
which
is
respectfully submitted.
GEORGE
T. DAVIS, Chairman.
1840.J
HOUSENo.
46.
essmnuitiUse&itf) of
$Wm8Utt}umttn*
In the
AN ACT
Relating
to
JdE
it
as follows
1
So much of the
fifth
first
riages