By Brendan Kieran, Reader Services

While the MHS is not home to a large collection of court records, I recently viewed two items we do hold relating to fornication in 18^th-century Massachusetts. These materials concern judicial proceedings that were separated by nearly sixty years, but provide interesting glimpses into the criminalization of sex in colonial Massachusetts. Through further investigation, I learned more about the ways the judicial system addressed sexuality during this period, including the significance of race and gender within the system.

A small collection of Barnstable County (Mass.) legal documents includes one “memorandum of presentments to the Court of General Sessions of the Peace.” This January 1702 document, which bears the signature of foreman Daniel Parker, notes two cases of unlicensed sale of liquor, one case of profaning the Sabbath, and two cases of fornication. The people accused of fornication are Sarah [Backer?] and [Mercy Chase,] both of whom were married at the time; each supposedly engaged in “fornication some time in 1702.”

A Grand Jury presentment, 1 January 1760, located in our Miscellaneous Bound Manuscripts collection, notes an accusation against Ann Frost, a Boston resident who supposedly engaged in fornication on 1 November 1758. The man involved was “to the jurors unknown.” Frost had a child out of wedlock, “against the peace of our said lord the king and the laws in that case provided.” This presentment bears the signature of foreman John Spooner and was created for a Court of General Sessions of the Peace for Suffolk County-ordered grand jury.

In Regulating Passion: Sexuality and Patriarchal Rule in Massachusetts, 1700-1830 (Oxford: Oxford University Press, 2014), Kelly A. Ryan (a former Andrew W. Mellon fellow at the MHS) writes that, during the 18^th century, white women became the main targets of fornication charges in the Massachusetts judicial system, while punishment of men for fornication dwindled beginning in the mid-17^th century as sex outside of marriage came to be seen as a legal issue for women, not men (13-14, 21-23). Additionally, for much of the 17^th-century colonial period, “premarital sex” was the main cause of fornication charges; however, in the late 1600s and early 1700s, men increasingly ceased to face judicial consequences for premarital sex (22-23). Also beginning in the late 1600s and extending through the 18^th century, “nonmarital sex” became more common among fornication charges against women, as “the court and communities were especially concerned with remedying the problem of disorderly white women” (23-24). These charges were used to justify patriarchal control of white women; however, women accused of fornication did find ways to push back, including by resisting attempts of justices of the peace to elicit names of men involved (13-15, 30-32).

Engagement with the justice system for sex crimes did not look the same for men and women of color as it did for white people, though. According to Ryan, African Americans faced fornication charges in the 17^th century, but African Americans and Indians experienced increasingly fewer such prosecutions during the 18^th century (74-75, 77). This lack of prosecutions served to uphold white patriarchy by preventing white men from facing consequences for sexual contact with women who were enslaved while denying women of color agency and preventing African American men from being able to seek paternal rights (74, 78, 82). White women faced legal consequences for fornication with African American men, along with social disapproval for sex with Indian men; these actions were intended to enforce the notion that white women should be with white men (78-79, 82). Ultimately, according to Ryan, “[g]overnment prosecutions promoted white men’s sexual authority, partnerships between white women and white men, and the removal of paternal and sexual rights for men and women of color” (82).

Feel free to visit the MHS library if you would be interested in viewing materials in our collections. The library is open Monday through Saturday!

By Susan Martin, Collection Services

We feel very badly that you were compelled to take part, through your men, in the destruction of Darien, & fully sympathize in the sentiments you express. I sincerely hope that as Genl Hunter has been relieved, there may be a modification of the policy which caused the perpetration of such a deed, & that you may not be obliged again to participate in anything so repugnant to you.

This excerpt comes from a letter written by Francis G. Shaw to his son Robert Gould Shaw on 23 June 1863, part of the Shaw-Minturn family papers at the MHS. Twelve days earlier, the 54th Massachusetts Infantry, the African-American regiment Robert commanded, had participated with other troops in a raid on the town of Darien in southeast Georgia.

Unfortunately, our collection doesn’t include Robert’s original letter, but Francis was probably replying to the one Robert wrote to his wife Annie the day after the raid, which she sent on to his parents. Robert’s letter to Annie has been printed in Blue-Eyed Child of Fortune (1992) and other publications.

According to his account, when Union troops arrived at Darien, they found the place all but deserted. James Montgomery, colonel of the 2nd South Carolina Infantry (another black regiment) and post commander, had the furniture, livestock, and other movable property confiscated, then smiled “a sweet smile” at Shaw and said, “I shall burn this town.” Shaw explained:

I told him, “I did not want the responsibility of it,” and he was only too happy to take it all on his shoulders; so the pretty little place was burnt to the ground, and not a shed remains standing; Montgomery firing the last buildings with his own hand. One of my companies assisted in it, because he ordered them out, and I had to obey. You must bear in mind, that not a shot had been fired at us from this place, and that there were evidently very few men left in it. All the inhabitants (principally women and children) had fled on our approach, and were no doubt watching the scene from a distance. […]

The reasons he gave me for destroying Darien were, that the Southerners must be made to feel that this was a real war, and that they were to be swept away by the hand of God, like the Jews of old. In theory it may seem all right to some, but when it comes to being made the instrument of the Lord’s vengeance, I myself don’t like it. Then he says, “We are outlawed, and therefore not bound by the rules of regular warfare”; but that makes it none the less revolting to wreak our vengeance on the innocent and defenceless.

Shaw called it a “dirty piece of business” and “as abominable a job as I ever had a share in.” He hated “to degenerate into a plunderer and robber. […] There was not a deed performed, from beginning to end, which required any pluck or courage.” He also feared the raid would damage the reputation of black soldiers. Montgomery’s actions were “barbarous” and gratuitous, he thought, and made him no better than notorious Confederate raider Raphael Semmes. But disobeying orders would have meant a court-martial. Shaw lamented, “after going through the hard campaigning and hard fighting in Virginia, this makes me very much ashamed of myself.”

Luis F. Emilio, another officer of the 54th, wrote about the Darien raid 28 years later in his history of the regiment. Emilio also described the beauty of the town, as well as the looting and destruction carried out by Union troops. But while Shaw’s account was thoughtful and conflicted, Emilio’s was a little more clinical and didn’t address the ethical questions.

Robert Gould Shaw and many other men of the 54th Regiment were killed during the assault on Fort Wagner just a few weeks after the destruction of Darien. Another letter in the Shaw-Minturn collection, written by Rev. Phillips Brooks, summarizes Shaw’s legacy. Brooks wrote to Robert’s mother on 17 Nov. 1892: “Indeed, he belongs to all of us, & to the country, & to history.”

By Anna Clutterbuck-Cook, Reader Services

Today we return to the 1917 diary of Gertrude Codman Carter. You may read the previous entries here:

Introduction | January | February | March | April | May

June | July | August

September’s entries are heavily illustrated with drawings and photographs. Having just moved into Ilaro, Gertrude supervises continued construction at the site while managing the household in her husband’s absence. Domestic drama includes the “letting go” of a servant who “couldn’t stand the stairs” of the new residence, and the hiring of a replacement — actions that do not endear Gertrude to her staff.

The war intrudes on the household once again as Gertrude receives a letter from the Colonial Secretary’s office with instruction for the conscription of her automobile in the event of an attack by the enemy. Amidst it all, Gertude continues to live a life of social obligation and voluntary labor as part of the Self-Help group and other island committees.

* * *

Sept 1.

Sent Barbara $50.

Moved into Ilaro. Toppin & Small, Edith & Norah & Ada, who couldn’t stand the stairs after all. We had our first dinner there on the marble verandah & it was quite lovely.

Sept 2.

Unpacked & tried to feel settled. John & I slept in the [illegible] room. Such fun.

Sept 3.

Rising bell at 7 a.m. & the house full up with very busy workmen,clanging & banging, sawing and jawing, [missing fragment], taping & scraping, patching & scratching, latching & detaching whatever was wrong, which happened after.

Our meal was rather full of coral dust but Topping was zealous & managed quite wonderfully for his age.

Sept 4.

Marked out servants quarters.

Mrs. Skeet came by to look at it.

I stopped at Charles Hayes at 6.30 and dined with Mrs. DaCosta.

Sept 5.

These little figures were made for a scale model of Ilaro, to gauge the height and width of doors.

Sept 6.

10.30 Civic Circle met at [illegible] Park.

Sept 7.

Called Chelston for washing. Gave up Ada & hired Rosina, a girl of the Cawfields. This, it appears, was considered by everyone below stairs as a fearful faux pas. I got no less than three anonymous letters on the subject, which outraged Bailey beyond measure.

Sept 8.

John began a letter & headed it “Ilaro Court limited.”

“What does it mean, John?” — “Oh – just what it means on the honey bottle!”

Sept 9.

Laddie to tea & a little [illegible] out. He is very appreciative of my powers as an architect.

Sept 10.

Miss Hatfield called about the Easter Féte for my advice. I became a sort of unofficial Chairman of the Committee & advised in a Sybelline manner.

Sept 11.

To photographer with John. [illegible] had sticks — both of them.

John Carter

4.30 to bathe at Mrs. Harold Whytes.

12 Sept.

Self-Help meeting

Miss [illegible] again.

Laddie later for a spin.

13 Sept.

[entry obscured by a typescript letter from the Colonial Secretary’s Office]

CONFIDENTIAL.

CIRCULAR.

No. 19.

Colonial Secretary’s Office, Barbados.

14th September 1917.

Madam,

I am directed by the Governor to inform you that the Defence Committee will require transport facilities for the Defence Force in case of enemy attack. On the “Alarm” being sounded you are requested to send your motor car No. M158 to [illegible] where it will be available for use in accordance with order issued by the officers of the Force.

2. A driver, and the necessary supply of Petrol, spare tyres, etc. should be available with the car.

3. The Government undertake to recommend to the Legislature that compensation be paid for damage caused by enemy action.

4. The “alarm” consists of the firing of five rockets from the Harbour Police Station, and the firing of powder charges from two 9 pounder guns, at the Garrison and the Reef respectively.

5. The Defence Committee’s recommendations are based on the assumption that you will readily co-operate with them in arranging transport facilities in case of attack. His Excellency has therefore asked me to obtain from you a statement to the effect that you have made arrangement of a kind to ensure prompt dispatch of the car whenever the “Alarm” is sounded.

I have the honor to be,

Madam,

Your most obedient servant,

T.E. Fell,

Colonial Secretary.

Sept 14.

Ditto.

“Toppin. Five minutes before the arrival of the Gubernatorial Party.”

Sept 15

The Probyns came to see the house.

Sept 16.

Mr & Mrs [illegible] to see house.

I dined at the Laurie Piles.

Sept 17.

Auction inspection.

I dined at the Harold Whytes’ – a most amusing evening. Harold Whyte & Laddy & Mr Fell played an uproarious game of bridge in which they were respectfully alluded to as the army, the vestry, and the government & every now and then a large land crab would come in & sport about the floor. I took Mr Fell & Colonel Humphreys home & my car began to wheeze just after that & I found that it was in for a long illness this time.

Sept 18.

Mrs [illegible] came & fetched up & took me back to Brittons for bitters.

Sept 19.

Hired a car & took Mrs. Carpenter to an auction in the country. We had a picnic lunch. Great fun.

Sept 27.

Mrs Humphreys & Doreen to tea. Rained heavily & we had no where to go but in & then it was only a courtyard.

I dined with the [illegible]. Jolly evening.

Sept 28.

Busy on the house.

Laddy telephoned.

Sept 29.

[illegible]. Laddy had a picnic & took me to Bleak House. Had [illegible] drove Mrs Carpenter. We had bitters & sandwiches & a great time.

Sept 30.

Laddie drove me out to the Charlie Haynes’. After dinner we worked all of us on the [illegible]. We saw Lady [illegible] toes out of the window!

* * *

As always, if you are interested in viewing the diary or letters yourself, in our library, or have other questions about the collection please visit the library or contact a member of the library staff for further assistance.

By Susan Martin, Collection Services

The Massachusetts Historical Society recently received a donation of William Gray Brooks family papers, primarily correspondence on genealogical subjects. It’s a terrific collection of letters from some of the leading lights of the 19^th century, including Charles Francis Adams, Edward Everett, Henry Wadsworth Longfellow, Eliza Susan Quincy, and many others. This new acquisition complements other MHS collections related to Brooks and his family.

I was intrigued, however, by additional material that came to us as part of the collection, namely 22 issues of a family “newspaper” called “The One Hoss Shay.” The newspapers were handwritten by J. Gibbs of Brookline, Mass. and reproduced on a hectograph.

“The One Hoss Shay” contains light-hearted poems, stories, illustrations, jokes, announcements, reviews, etc., written by Gibbs and others, and it makes for some very fun reading. Here’s one of the better limericks:

There was a young man of Bombay

Excessively fond of croquet,

But when he got beat,

He would beat a retreat

And show himself no more that day.

Sandwiched between articles are editorial asides by Gibbs.

We wish to apologise for the condition of our hectograph, which absolutely refuses to print well. We are not responsible for it’s [sic] freaks.

If the “Shay” should chance to seem too local for general interest, we call attention to the fact that the more we heard from elsewhere, the more foreign news could be introduced. (Hint.)

Who was the mysterious J. Gibbs of Brookline? Unfortunately, the “Shay” provides very few clues. She was a “Miss,” and I eventually found her first name: Julia. The newspapers were written between 1886-1888, which probably meant she was born in the 1860s or early 1870s. Her family apparently summered in Marion, Mass. These were the only biographical details I could find or infer.

I guessed that because the newspapers accompanied the Brooks letters, and because some Brooks family members are mentioned in Julia’s articles, she may have been a relative. It was easy enough to find Brooks genealogies, given how famous the family is. (William Gray Brooks’ son Phillips, for example, was one of Boston’s most renowned clergymen.) But there was no sign of a Gibbs among William’s siblings or cousins or their children or grandchildren.

I went back to the collection for more information and noticed a reference to “Harriette Brooks Hawkins (Mrs. Hubert A.) […] (a granddaughter of W.G.B.).” Born in 1881, Harriette was the daughter of William’s youngest son John Cotton Brooks and his wife Harriette Hall (Lovett) Brooks. She owned the Brooks letters in 1935, but had she also owned the newspapers? Did she have a connection to Julia Gibbs?

Armed with a few more keywords, I took one last crack at an online search for Julia and finally found her: Julia de Wolf Gibbs (1866-1952), later Mrs. Addison. The name was right, the age was right, and the location was right—she is buried in Marion, Mass. So what was her connection to Harriette and/or William Gray Brooks? I got my answer when I identified her parents: Julia’s mother was Anne (or Anna) de Wolf (Lovett) Gibbs. Her mother and Harriette’s mother were sisters.

Out of curiosity, I searched our catalog for Julia and was excited to learn that she later became not only a published author…

But also a designer of metalwork, ornamentation, etc. Some photographs of her work appear in one of our collections.

“The One Hoss Shay” was the brainchild of a creative young woman at the start of her career. Julia apparently took the title of her newspaper from Oliver Wendell Holmes’ 1858 poem “The Deacon’s Masterpiece, or the Wonderful ‘One-Hoss Shay’: A Logical Story.” In her third issue, she wrote that she and her aunt Harriette attended Holmes’ recitation of the poem at Harvard’s Sanders Theatre. This was her one-line review: “Our Patron Poet was quite at his best.”

(Incidentally, Julia’s future husband also earned a passing mention in one issue: “Rev. Daniel Dulany Addison is in Washington.”)

I’d be remiss if I didn’t say more about the newspaper’s impressive illustrations. Some were drawn by Julia herself, such as the seated girl on the right side of the first image above. Others were contributed by another of her cousins, “our popular artist, Mr. C. Dana Gibson.” If that name sounds familiar to you, it’s because Charles Dana Gibson went on to become one of the most popular illustrators in America and creator of the iconic turn-of-the-century Gibson Girl. He designed the letterhead for the “Shay” and provided drawings like this one:

Scene, a crowded horse-car. (Stout old man.) “Come, sonny, get up & give the lady your seat.” (Small Boy.) “Get up yourself, & give her two!”

For more about Gibson, I recommend the 1936 biography Portrait of an Era, which contains hundreds of his beautiful illustrations.