Mixed Race Studies

Void and Voidable Marriages in Maryland and Their Annulment

Maryland Law Review
Volume 2, Issue 3 (1938)
Article 2
pages 211-259

John S. Strahorn Jr., Professor of Law
University of Maryland

The essential task of this article will be to classify invalid or defective marriages in Maryland into those which are totally void and hence subject to collateral attack and those which are only voidable by appropriate steps of direct attack taken during the joint lifetime of the spouses. But, as investigation of this question requires a survey of all the local law concerning the requirements of and impediments to a valid marriage, and, as well, an inquiry into the procedural aspects of annulment, the article will be, in effect, one on the broader questions of validity of marriage and annulment in Maryland.

THE GENERAL DIFFERENCE BETWEEN TOTAL VOIDNESS AND VOIDABILITY

Terminology presents the first problem. The phrase “totally void” will be used herein to express the idea of a marriage’s possessing some defect rendering it susceptible to collateral attack, even after the death of one or both of the spouses. For such marriages no direct step or proceeding to annul is necessary, although the latter may be desirable. “Voidable” will be used to express the idea that the defect, at most, permits the validity of the marriage to be directly attacked by appropriate steps during the joint lifetime of the spouses, although without that the invalidity may not be asserted collaterally in any other proceeding. “Valid” and “completely valid” will be used interchangeably in the sense that the marriage meets all the requirements and encounters none of the impediments so that it can withstand both direct and collateral attack.

In addition to the question of total voidness or mere voidability, there must be considered whether, if the marriage be only voidable, it may be avoided by simple private act, or a judicial proceeding is necessary. Related to this is the matter of ratification, which is possible for some, though not all, voidable marriages and which is considered by some writers to be possible for certain marriages which are otherwise totally void. Whether such a latter class exists in Maryland law will be one of the inquiries of this article.’ A certain confusion exists between a marriage’s being totally void although capable of ratification, and its being voidable by private act without judicial proceeding…

…C. Race (Miscegenation).

White persons and Malayans are forbidden to intermarry and both are forbidden to marry Negroes or persons of Negro descent to the third generation. The statutory mode of expression to cover persons of mixed white and Negro blood is an awkward one and makes doubtful just what proportion of Negro blood will disqualify one from marrying a pure white person or Malayan. It is suggested that if the person in question has some non-Negro blood and that if all of his parents and grand-parents also had some, he is eligible for purposes of the statute, even though he is predominantly Negro.

Is a marriage which is definitely under the statutory ban totally void or only voidable? While no Maryland case has ever dealt directly with either the prohibition generally or the specific problem, a strong dictum in Jackson v. Jackson has indicated that such a marriage, forbidden by our statute, is so totally void that it cannot be recognized even when performed in a state sanctioning such marriages. As has been suggested, this should also determine the issue of total voidness or voidability for the purpose of internal law. This is particularly so in view of the fact that the Jackson case dictum put this type of marriage under the part of the exception to the conflicts rule for those marriages which “the local law making power has declared shall not have
any validity.

Granting such marriages to be totally void, what procedures are available for directly declaring that quality. The statutory procedure does not apply. No doubt, a divorce on the ground of marriage void ab initio could be procured. It is doubtful that an annulment under the general equity practice could be secured. A successful criminal prosecution for entering into the unlawful marriage (if the ceremony occurred in Maryland) or for illicit cohabitation s in Maryland under such an invalid marriage might accomplish the result of a judicial declaration of nullity, even though this does not come under the statutory method, which makes specific mention of criminal prosecution as an annulment device…

Read the entire article here.

From Slave Ship to Harvard: Yarrow Mamout and the History of an African American Family

Fordham University Press
May 2012
310 pages
6 x 9
25 Black and White Illustrations
Hardcover ISBN: 9780823239504

James H. Johnston, Lawyer and Writer
Washington, D.C.

From Slave Ship to Harvard is the true story of an African American family in Maryland over six generations. The author has reconstructed a unique narrative of black struggle and achievement from paintings, photographs, books, diaries, court records, legal documents, and oral histories. From Slave Ship to Harvard traces the family from the colonial period and the American Revolution through the Civil War to Harvard and finally today.

Yarrow Mamout, the first of the family in America, was an educated Muslim from Guinea. He was brought to Maryland on the slave ship Elijah and gained his freedom forty-four years later. By then, Yarrow had become so well known in the Georgetown section of Washington, D.C., that he attracted the attention of the eminent American portrait painter Charles Willson Peale, who captured Yarrow’s visage in the painting that appears on the cover of this book. The author here reveals that Yarrow’s immediate relatives—his sister, niece, wife, and son—were notable in their own right. His son married into the neighboring Turner family, and the farm community in western Maryland called Yarrowsburg was named for Yarrow Mamout’s daughter-in-law, Mary “Polly” Turner Yarrow. The Turner line ultimately produced Robert Turner Ford, who graduated from Harvard University in 1927.

Just as Peale painted the portrait of Yarrow, James H. Johnston’s new book puts a face on slavery and paints the history of race in Maryland. It is a different picture from what most of us imagine. Relationships between blacks and whites were far more complex, and the races more dependent on each other. Fortunately, as this one family’s experience shows, individuals of both races repeatedly stepped forward to lessen divisions and to move America toward the diverse society of today.

Contents

• Introduction
• 1. Yarrow Mamout. a West African Muslim Slave
• 2. Tobacco and the Importation of a Labor Force
• 3. Welcome to America
• 4. Slavery and Revolution
• 5. Yarrow of Georgetown
• 6. The Portraits: Peale, Yarrow, and Simpson
• 7. Free Hannah, Yarrow’s sister
• 8. Nancy Hillman, Yarrow’s Niece
• 9. Aquilla Yarrow
• 10. Mary “Polly” Turner Yarrow
• 11 Aquilla and Polly in Pleasant Valley
• 12. Traces of Yarrow
• 13. Unpleasant Valley
• 14. Freedom
• 15. From Harvard to Today
• Epilogue: Guide to the Yarrows’ and Turners’ World Today
• Notes
• Bibliography
• Acknowledgments
• Index

Brendon Ayanbadejo, Baltimore Ravens Linebacker, Talks Gay Marriage And LGBT Rights

The Huffington Post
2012-09-12

Michelangelo Signorile

Baltimore Ravens linebacker Brendon Ayanbadejo is going “full steam ahead” after his battle with Maryland legislator C. Emmett Burns Jr., who last week wrote a letter calling on the team’s owner to silence Ayanbadejo regarding his public advocacy of gay marriage, only to back down amid a national uproar. (Listen to the full interview below)

“The Ravens reached out to me,” Ayanbadejo said. “[Ravens president] Dick Cass and [Ravens] owner Steve Bisciotti said, ‘Brendon, you’re a great person. Keep doing your thing. We believe in you. This is not a team that believes in discrimination in any way, shape, or form. You have this tremendous platform here. Use it. And go ahead and continue to be you, and grow and shape and change the world while you have the ability to do it.’”…

…Discussing what motivates him to take up the cause of LGBT equality and gay marriage, Ayanbadejo pointed to his upbringing.

“I’m a product of two biracial parents — so actually, I’m not biracial, but I’m a product of it,” he said, laughing. “My dad is Nigerian. My mom is Irish-American. So I kind of never really fit in. From the black community, I was considered white. From the white community, I was considered black. And then from my own Nigerian community, I wasn’t considered Nigerian. I was considered a black American. I kind of never fit in, kind of had to find my own niche and find my own way. So I’ve experienced discrimination at a young age, and it’s made me the person who I am today.”…

Read the entire article here.

Banneker’s family tree still bears rich fruit

The Baltimore Sun
2006-06-12

Gregory Kane

And so Molly Welsh, an Englishwoman sentenced to indentured servitude in 17th-century Maryland, wed an African slave named Bannaka. And they begat four daughters, one of whom was named Mary.

And Mary wed a slave named Robert, who took her last name, which, by the time of their nuptials, had become Bannaky. Mary and Robert begat one son and three daughters. One of the daughters, Jemima, wed Samuel D. Lett. From that union came eight children, including a son named Aquilla.

“Aquilla Lett eventually moved to Ohio,” Gwen Marable said Saturday afternoon. A number of generations later, “that’s how I came to be born in Ohio,” she said. Marable eventually found her way to Maryland. She may be in these parts for good.

“The project has really kept me here,” Marable said.

That project would be the Benjamin Banneker Historical Park and Museum in Baltimore County. That son Mary and Robert Bannaky had was none other than Benjamin Banneker—the farmer, astronomer, mathematician, surveyor and publisher—whose farm once sat on the site where the park is now located. Marable described herself as a collateral descendant of Banneker, not a direct descendant…

…”It’s been said that she married Bannaka to keep him from running off,” said Cole Wiggins, a board member of the Friends of the Banneker Historical Park and Museum. “But don’t quote me on that. It’s never been proved.”

Actually, wisecracking husbands might say that Welsh’s marrying Bannaka might have been the sure way to make him run off. What may be closer to the truth is that marriages between white, female indentured servants and black men—whether slave or “free men of color”—could have been quite common at the time…

Read the entire article here.

Family Tree’s Startling Roots

The New York Times
2012-03-19

Felicia Lee

Thirty-nine lashes “well laid” on her bare back and an extension of her indentured servitude was Elizabeth Banks’s punishment for “fornication & Bastardy with a negroe slave,” according to a stark June 20, 1683, court document from York County, Va. Through the alchemy of celebrity and genealogy, that record and others led to the recent discovery that Banks, a free white woman despite her servitude, was the paternal ninth great-grandmother of Wanda Sykes, the ribald comedian and actress.

More than an intriguing boldface-name connection, it is a rare find even in a genealogy-crazed era in which Internet sites like ancestry.com, with more than 14 million users, and the popular NBC program “Who Do You Think You Are?” play on that fascination. Because slavery meant that their black ancestors were considered property and not people, most African-Americans are able to trace their roots in this country only back to the first quarter of the 19th century.

“This is an extraordinary case and the only such case that I know of in which it is possible to trace a black family rooted in freedom from the late 17th century to the present,” said the historian Ira Berlin, a professor at the University of Maryland known for his work on slavery and African-American history.

Mary Banks, the biracial child born to Elizabeth Banks around 1683, inherited her mother’s free status, although she too was indentured. Mary appeared to have four children. There are many other unanswered questions, but the family grew, often as free people of color married or paired off with other free people of color.

Ms. Sykes’s family history was professionally researched for a segment of “Finding Your Roots With Henry Louis Gates Jr.,” a new series that has its debut Sunday on PBS.

“The bottom line is that Wanda Sykes has the longest continuously documented family tree of any African-American we have ever researched, ” said Mr. Gates, the director of the W. E. B. Du Bois Institute for African and African American Research at Harvard. He was referring to the dozens of genealogies his researchers have unearthed for his television roots franchise, which began in 2006 with the PBS series “African-American Lives” and includes three other genealogy-inspired shows. Mr. Gates said he also checked Ms. Sykes’s family tree with historians, including Mr. Berlin…

…Johni Cerny, who is the chief genealogist for Mr. Gates’s television programs, noted that many African-Americans with white ancestry could trace their heritage beyond the 1600s to European ancestors. She said 85 percent of African-Americans have some European ancestry.

“The unique thing about Wanda is that she descends from 10 generations of free Virginia mulattos, which is more rare than descendants of mixed-race African-Americans who descend from English royalty,” Ms. Cerny wrote in an e-mail message.

More than 1,000 mixed-race children were born to white women in colonial Virginia and Maryland, but their existence has been erased from oral and written history, said Paul Heinegg, a respected lay genealogist and historian. Mr. Heinegg’s Web site, freeafricanamericans.com, features books and documents like tax lists that provide information about those families…

Read the entire article here.

The Mysterious Portraitist Joshua Johnson

Archives of American Art Journal
Volume 36, Number 2 (1996)
pages 2-7

Jennifer Bryan

Robert Torchia

The Maryland Historical Society’s Department of Manuscripts recently received three volumes of Baltimore County court chattel records—registers of personal property transactions such as mortgages, deeds of gift, powers of attorney, bills of sale, and releases of slaves from bondage. The earliest of the three volumes contains the bill of sale and the manumission record of America’s first-known black artist, the mysterious portraitist Joshua Johnson, who was active from 1790 to 1825. These extremely significant documents have survived through pure chance. According to the donor, M. Peter Moser. when the Baltimore City courthouse underwent renovation in 1954, many original documents were slated for destruction. His father. Judge Herman M. Moser, saw the discarded chattel records being thrown into bins and asked if he could have a few of the books, coincidentally saving the volume containing Johnson’s sale and manumission records.

Johnson’s existence was unknown until 1939, when Baltimore genealogist and an historian J. Hall Pleasants attributed thirteen paintings to him and attempted to reconstruct his career on the basis of fragmentary and often contradictory information. Pleasants characterized Johnson as a “nebulous figure” and he has remained so over the last fifty-eight years, despite numerous exhibitions and articles devoted to him. Only one of Johnson’s paintings bears his signature, Sarah Ogden Gustin (ca.  1805, National Gallery of Art, Washington. D.C.), and only one is documented in papers left by a patron, the well-known Rebecca Myring Everett and Her Children (1818, Maryland Historical Society, Baltimore). His life dates are unknown, and historians argue over whether his name was spelled Johnson or Johnston.

Even Johnson’s race has been a subject of contention. The idea that the artist was black was challenged when prices for his paintings escalated on the an market during the early 1970s. The authors of a history of African-American artists cast stronger doubts when they noted the highly circumstantial and speculative nature of the “evidence.”* Pleasants had collected four different accounts from the descendants of old Baltimore families who owned portraits by Johnson in which the artist was variously described as a slave, a slave trained as a blacksmith, a black servant afflicted with consumption, and an immigrant from the West Indies. In the federal censuses for Baltimore of 1790 and 1800, a Joshua Johnson is listed as a free white head of household. In the most comprehensive survey of Johnson’s life to date, Carolyn J. Weekley discovered an additional family tradition that held that Johnson was black and one that identified him as a “red man.” Until now, the sole documentary evidence that Joshua Johnson was indeed black was the Baltimore City Directory of 1817-1818, in which he is listed among “Free Householders of Colour.”

The issue of Johnson’s race has sociological and political ramifications. His gradual rise from anonymity to prominence paralleled the civil rights movement and, more recently, the academic emphasis on multiculturalism. Influenced by this climate, historians have tended to romanticize the artist, often at the expense of historical accuracy. Johnson has progressed from being parenthetically mentioned in a 1954 survey of American art as “a colored artist” who “remained a true primitive” to being the African-American artist par excellence.

The chattel records conclusively prove that Johnson was a mulatto, the son of a white man and a black slave woman owned by a William Wheeler. Sr. On July 15, 1782. the clerk of the Baltimore County court enrolled two documents, the bill of sale and the release from bondage of a slave named Joshua, “now aged upwards of Nineteen Years.” The bill records that on October 6…