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When the Past Speaks to the Present: A Cautionary Tale about Evidence
by Annette Gordon-Reed
Professor of Law, New York Law School 
 
This tradition differs from modern-day forms of oral history interviews in which scholars pose questions and record the answers of eyewitnesses to historical events or collect autobiographical materials from those being formally interviewed. It is through this oral history tradition that stories are passed privately and informally from one generation to another. Scholars have been slow to accept oral tradition as historical evidence, for they are aware that stories can be changed or embellished as they pass from one generation to another. This concern that a story told to many people across decades may produce error cannot be lightly dismissed.

Whatever the reasons, this much is clear: Most scholars did not pursue the evidence about the paternity of the Hemings children thoroughly enough. Instead, the grandchildren’s claim that one of the Carr brothers fathered Sally Hemings’s children was accepted. But in 1998, a new, remarkably modern form of evidence corroborated Madison Hemings’s account. In that year, DNA testing on Jefferson, Hemings, and Carr descendants disproved any connection between the Carrs and the Hemingses, and confirmed a connection between the Jeffersons and the Hemingses. The results of the DNA tests, combined with other historical analysis of evidence, demonstrated that the Jefferson family documents were insupportable.

The unraveling of the Jefferson family’s written explanations about who fathered the Hemings children provides a cautionary tale for those who accept at face value written accounts of events. Yet evidence drawn from oral tradition must be scrutinized just as carefully. For example, the descendants of a man named Thomas Woodson also claimed descent from Jefferson and Hemings. No corroborating statement comparable to Madison Hemings’s narrative has been found, however. What we know of the Woodson link to Jefferson and Hemings comes exclusively from generations of Woodsons, who passionately asserted the truth of their oral family tradition. Their claims could not be dismissed out of hand, however, for different branches of the family, who had no contact with one another, had preserved the same account of Woodson’s paternity. Once again, DNA testing was determinate: The DNA results that bolstered the Hemings family tradition totally discounted the Woodsons’ claim.

There are three lessons to be learned from this story. First, we owe it to ourselves and to history not to privilege the masters’ documents over the documents produced by slaves or the descendants of slaves, not to let a bias toward prestige or social standing prevent the thorough investigation of claims. Second, we must not privilege one form of evidence over another. Especially in reconstructing the story of slavery we must remember that slave owners controlled the production of documents and prevented those whom they enslaved from producing their own records of their experiences during slavery. Certainly there was much about their relationships with slaves that masters simply did not want outsiders to know. Finally, we must view both orally transmitted history and document-based history with a trained, critical eye, remembering that both are created by human beings and both are therefore fallible.

For more information about Jefferson and Hemings, as well as information about the oral history tradition, visit our Additional Resources Page.




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