Was Tony Evans Right About the Stronger Slave Family?

On his Facebook page,* The King’s College professor Anthony Bradley, keeps this issue alive by asserting that Tony Evans was right to say that African-American families were “a lot stronger” during slavery than now. Although he didn’t break much new ground, Evans later clarified his remarks.
Bradley referred to an excellent book by Herbert Guzman and said:

Here’s the deal. Tony Evans was largely correct. The black family was stronger during slavery *and* Reconstruction. It’s simply not true that slavery was characterized by slave families being split up. While that did happen it was not the norm. To make Evans’ point stronger, the black family was also better off during Jim Crow. It was the 1970s, thanks to LBJ and Nixon, that the black family went South. The people up in arms about Evans must not know that much about the history of slavery in this country.

It is tempting to say to all concerned just read Gutman’s book and leave it at that. I believe Evans and others who take his position are incorrect and I recommend the same book touted by Bradley. Gutman’s interest in his book is responding to Daniel Moynihan’s book, The Negro Family: The Case for National Action. Gutman said this about Moynihan’s effort:

Although Moynihan emphasized the importance of unemployment as a cause of family disorganization among lower-class Afro-Americans, he confused the problems of poor blacks in the second half of the twentieth century with those of their great grand-parents in the first half of the nineteenth century. And he misperceived the history of both groups.

Moynihan argued among other things for what Gutman called “the slavery-specific hypothesis,” i.e., that slavery bred a culture of poverty among African-Americans. Critics of the hypothesis responded that if one controlled for income levels the racial differences in families diminished substantially. According to Gutman, critics of the slavery-specific hypothesis did not minimize the harshness and inhumanity of slavery but countered that problems in the African-American family were more related to “massive structural unemployment.” From my reading of the evidence, “massive structural unemployment” can’t be separated from white privilege and structural racism which can’t be separated from the reality of slavery.
In my reading of Gutman, he doesn’t make a case for a stronger African-American family during slavery. He addresses different concerns than which generation was stronger. He makes a case that African-Americans adapted as well as could be expected under the oppression of slavery. He demonstrated that African-Americans worked to maintain marriages and ties to children. However, he also told the truth about the horrors of slavery for slave families. No need to confuse the problems of slave families and modern African-American families with comparisons that do not illuminate the situation of either group.
 
* A commenter brought this to my attention.
 

Tony Evans Clarifies Statement About Stronger African-American Families During Slavery

About two hours ago, I received this statement apparently in response to the Christian Post article about Evans’ statements about slave families. The CP article triggered a post from me on the subject. Evans’ statement:
TonyEvansStatementSlaveFamiliesI never had or expressed a doubt that Evans condemned slavery or racism.
I offered my view in my post on the subject, linked to his full remarks in that post, and I am glad that Evans extended his remarks on the subject. Even though we don’t see this issue the same way, I want to thank Dr. Evans and A. Larry Ross Communications for sending this statement.

Dear David Barton: Virginia Law Allowed Manumission of Slaves After 1782

In his pulled-from-publication bookThe Jefferson Lies, David Barton took the position that Virginia law did not allow Thomas Jefferson to free his slaves. In our book on Jefferson, Getting Jefferson Right, Michael Coulter and I demonstrated that slave owners were allowed to manumit (free) slaves after Virginia lawmakers passed the 1782 Law on Manumission. However, Barton keeps spreading the misinformation.
In February, Barton told Charis Bible College students George Mason was not allowed to free his slaves (at 1:38 into the video). Prior to 1782, slaves could only be freed by the Virginia legislature due to some meritorious service by the slave.  Mason died in 1791 so his window of opportunity to free his slaves came near the end of his life. However, despite his strong rhetoric against slavery, he did not manumit his slaves in life or at his death. Barton told the Bible college students Mason didn’t free his slaves “because in the state of Virginia, it was illegal to free your slaves.” Not so.
More recently, he told the pastor of Calvary Chapel Jack Hibbs that Virginia law didn’t allow manumission. It is beyond me why he keeps saying this when it is an easy to look up Virginia’s manumission law as well as the many deeds of manumission which were filed after 1782 (Utah State’s Michael Nicholls is the go to person on this). In prior posts, I have pointed out the amazing story of Robert Carter III who began a process of manumitting more than 450 slaves beginning in 1791.
Barton’s remarks to Hibbs on his show Real Life with Jack Hibbs are below. I provide the video and link to the transcript.

Barton: So just—Let me jump in again on that because one of the blemishes is Washington owned slaves, Jefferson owned slaves, they could not have been good people. It’s interesting that Washington who did own slaves and inherited slaves and Thomas Jefferson inherited most of his slaves when he was fourteen, he got almost two hundred slaves between his inheritance and his and his in-laws. Virginia law made it illegal to free your slaves.
Hibbs: Listen why, yeah.

At 14, Jefferson was not allowed to free his slaves. As an aside, Jefferson did not inherit most of his slaves at 14. This is easily checked by examining Jefferson’s Farm Book. He acquired many of his slave through inheritance from his father-in-law John Wayles. By 1774, Jefferson listed “187 in all.
Barton asserts that “Virginia law made it illegal to free your slaves.” Before 1782, that was true; after 1782, Virginia allowed manumissions. Jefferson owned slaves until he died (1826) and so it is misleading to say Jefferson could not have freed slaves. In fact, he did. He freed two slaves before he died and then he freed five more in his will. Barton is simply misleading his audience.
In The Jefferson Lies, Barton made the claim that Virginia law did not allow manumission. In a prior post, I pointed out that Barton cited the Virginia law of 1782 in his book but left out the part of the law which allowed slave owners to free slaves by a deed of manumission. Here is what Barton cites from the law in his book:

[T]hose persons who are disposed to emancipate their slaves may be empowered so to do, and…it shall hereafter be lawful for any person, by his or her last will and testament…to emancipate and set free, his or her slaves.

Now, here is the entire relevant section of the 1782 law on manumission:

[T]hose persons who are disposed to emancipate their slaves may be empowered so to do, and the same hath been judged expedient under certain restrictions: Be it therefore enacted, That it shall hereafter be lawful for any person, by his or her last will and testament, or by any other instrument in writing, under his or her hand and seal, attested and proved in the county court by two witnesses, or acknowledged by the party in the court of the county where he or she resides to emancipate and set free, his or her slaves, or any of them, who shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude, and enjoy as full freedom as if they had been particularly named and freed by this act.

Note the second selection above in bold print. This is the relevant portion of the 1782 law Barton omits. This section allowed living slave owners to release their slaves by filing a deed. Emancipated slaves needed a document which was recorded according to the law as proof of their status. This law allowed slave owners when they were alive to free their slaves, provided slaves were of sound body and older than eighteen if a female and older than 21 if a male, but not above the age of 45. Thus, Jefferson could have freed many of his slaves within the law while he was alive. Not only was Jefferson legally permitted to free his slaves, he actually freed two slaves in the 1790s, Robert (1794) and James (1796) Hemings.

Barton clearly knows what the law on manumission said but chose to remove the part of the law that contradicts his statements to the public. Even though this has been pointed out, he still fails to tell audiences that Virginia law allowed manumission.

While it would have been economically difficult for Jefferson and Mason and Washington to manumit large numbers of human beings, it is simply false to say there was not an opportunity to do it.

The Monticello website explains:

DID JEFFERSON FREE HIS SLAVES?

During his lifetime, Jefferson freed two enslaved men.  At his death, Jefferson bequeathed freedom to five men in his will.  At least three other slaves were unofficially freed when Beverly Hemings, Harriet Hemings, and James Hemings, son of (Critta Hemings Bowlesto leave Monticello without pursuit. 

A single paragraph cannot do justice to the issue of Jefferson’s failure to free more than a handful of his slaves. Some of the possible reasons include: the economic value of his human property (at certain times, his slaves were mortgaged and thus could not be freed or sold); his lifelong view that emancipation had to go hand-in-hand with expatriation of the freed slaves; his paternalistic belief that slaves were incapable of supporting themselves in freedom and his fear they would become burden to society; his belief in gradual measures operating through the legal processes of government; and, after 1806, a state law that required freed slaves to leave Virginia within a year. Jefferson wrote that this law did not “permit” Virginians to free their slaves; he apparently thought that, for an enslaved African American, slavery was preferable to freedom far from one’s home and family.

Jefferson did free slaves. It might have been economically difficult for him to free the rest of them at various times between 1782 and 1806 but Virginia law allowed it. Barton misleads the audience when he says without qualification that the law did not permit it. Jefferson said in a letter that the law did not permit Virginians to free slaves, but he wrote this in 1814, long after the laws had changed to make it difficult to emancipate slaves. Barton then has to account for George Washington’s actions to free his slaves at death in 1799.

They would not let you free your slaves, now there was a period of reprieve for a short time starting in 1782 and so when George Washington died he freed all of his slaves on his death, there was a loophole in the law and the legislature goes “oh my gosh we didn’t see that,” they changed the law, so Jefferson was not even able to free his slaves on his death.

This is a misleading story from The Jefferson Lies. Barton here mentions “a period of reprieve for a short time starting in 1782” and then correctly says that George Washington freed his slaves in his will in 1799. However, the “loophole in the law” is a fiction. As noted above, Jefferson freed five slaves at his death via his will in 1826. There was no loophole. Virginia made it more difficult for freed slaves after 1806 because freed slaves needed to leave the state. For some slaves, this was deterrent because it meant leaving family.
There are many other things Barton told Hibbs and his audience that are inaccurate. For now, I hope it is clear that Virginia law allowed manumission of slaves after 1782 and that many such slaves were freed by owners in Virginia.

 

Kirk Cameron vs. Paul Finkelman on Jefferson and Slavery

Although Kirk Cameron cites none of his own research, he refers approvingly to an article by Stephen McDowell (Providence Institute) which is hosted on the Wallbuilders website about the Founders and slavery. McDowell refers to Thomas Jefferson but does not give the whole picture. Historian Paul Finkelman in the NY Times accentuates the negative but reports Jefferson’s racist views and his active involvement in owning slaves much more accurately.

As we document in Getting Jefferson Right, Jefferson was not a passive slave owner, and he was legally allowed to free his slaves but did not do it.  I am pretty sure Cameron has been made aware of the problems with Wallbuilders’ “scholarship” and yet he continues to promote it.

 

 

Robert Carter III: A Forgotten Hero David Barton Doesn’t Want You to Remember

Fred Clark at Patheos reminds us that today is the day that Robert Carter III filed his deed of emancipation at the Northumberland District Court in 1791.

Regular readers of this blog will know that Robert Carter wrote what he called a “deed of gift” that set in motion the largest emancipation of slaves in the United States prior to the Civil War. Carter’s deed listed 452 slaves to be emancipated throughout the remainder of Carter’s life. To see parts of the six page deed, click here. See the image below for the filing date.

 

Carter, a Virginia plantation owner, became convinced that slavery was morally wrong and put his beliefs into action. David Barton claims in his book The Jefferson Lies that fellow Virginia slave owner Thomas Jefferson was unable to free his slaves due to Virginia law. On the contrary, Robert Carter relied on the Virginia’s 1782 law allowing owners to emancipate slaves via a deed recorded at the county court house. Barton modified his claim somewhat on the Glenn Beck show in mid-August by saying that Virginia law required owners who freed their slaves to provide a security bond for their care. To date, he has produced no evidence for this claim.

Carter’s story is an inconvenient truth for Barton and his fans. In the sad history of slavery, Carter is a brighter light, a true hero of his times. Yet, until recently, there has been little attention to him. Andrew Levy’s book on Carter (The First Emancipator: The Forgotten Work of Robert Carter the Founding Father Who Freed His Slaves) helps to correct this but, on the other hand, Barton’s book on Jefferson serves to obscure Carter’s legacy. Levy’s observation about the place of Robert Carter in history is relevant:

It becomes difficult to argue that the founding fathers acted liberally within their own moral universe when small slave owners up and down the Virginia coast were freeing their slaves. It becomes impossible, however, to make that argument when one of their peers commits the same radical act. Similarly, the argument that there existed no practical plan for mass emancipation makes sense only if Robert Carter’s Deed of Gift is suppressed within the historical record.

David Barton claims his organization preserves America’s forgotten heroes. Robert Carter is one he might rather you forget.