Wednesday, September 16, 2015

Our Founding Fathers

Did you know that one of our Founding Fathers was involved with a case about a trans person?

The notorious case of Gray vs. Pitts.

It seems like Mr. Gray fancied himself in a dress and Mr. Pitts was smitten by her and when Mr. Pitts found out she was trans he rapped Mr. Gray on the head with a cane.
Mr. Molineux. I saw him dressed in Womens Cloaths. He had the outward Appearance of a Woman, a Gown and Womens Cloaths. I saw a Couple of young Gentlemen gallanting him. Pitts was one. I was very sensible they were taken in. Plaisted was the other. They appeared to be very loving—she rather Coy. I called out to Pitts at New Boston. He turnd a deaf Ear. He came back and said he had a very clever Girl, and went to her again.
It is a little hard to follow but witnesses testified that,
J. Whitworth. Pitt said in the forenoon, that Gray had used him very ill, and he would beat him whenever he met him. About 1 1/2 Hour before, he did [ . . . ] Very ill in Speaking Reports of him.
Mr. Hutchinson. Pitts told me he had sent a Lad to the Custom house to call Gray out to demand Satisfaction of him. And I saw em at it, and the Blood dropping from G's Head. Stick knotty, 1/2 Inch Diameter.
Tim. Odin. Pitts went into the Barbers shop, and asked Gray if he would ask his Pardon. No, you wooly headed Rascall, I wont. D—n you you shall, running his Fist up says Pitts. I could not hear the rest of the Conversation till Pitts struck him. The stick did not seem to be struck hard. But Gray said, Ile set this down to your everlasting Account.
Melvill. Gray had no stick nor Hatt. Gray and Pitts were coming from Dehones shop, to Carpenters. Pitts in a Passion. Pitts shoved him off first with his Hand, and then a stroke with a stick. Saw the Blood.
Isaac Pierce. Heard a Blow at the Town House steps. About 3. Rods.
Dr. Roberts. Wounds, one about 3/4 of an Inch, the other between 1/3 and 1/2 on the scalp, Top of the Head. Both done at one blow. About 12 or 14 days. Every other day. Bill a Guinea. No more than a flesh Wound.
J. Quincy. If he had a Mind to discover his Manhood as much as he had at other Times he would have taken another Weapon.
Knows Gentlemen who have a Talent of diminishing or exagerating just as they please.
Pain, of Body, Expences, Ignominy.
Of great Importance that Juries should be uniform and steady in their Decisions, and that Capriciousness and Humour should not prevail.
Atrocious, inhuman, Injury &c.
What I like is this footnote,
Act of 19 June 1696, c. 2, §7, 1 A&R 208, 210: “[I]f any man shall wear women's apparel, or if any woman shall wear man's apparel, and be thereof duly convicted, they shall be corporally punished or fined, at the discretion of the quarter sessions not exceeding five pounds, to the use of the county where the offence is committed, towards the defraying of the county charges.”
So we are lucky that we live in modern times otherwise we would be in the “stocks” to receive our lashes.

1 comment:

  1. I had never heard of this case! How fascinating. I'm glad I can tell my students about it.

    ReplyDelete