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De León positions Texas Mexicans as another people of color in the 19th century racial system, projected into coloredness through “spin-offs from racial attitudes developed and cultivated through repeated interaction with colored peoples on the western frontier,” and keyed to Anglo interpretation of mestizaje as forming a “mongrel” or “degraded” racial status. Emory, qtd. here, on “practical amalgamation of races of different color” and unions between the “cleaner race” or the “white” and “his darker partner.” In p. 112 n. 18 we have de León’s take on the 1845 constitutional convention debate (via Crisp), the first place I heard tell of it.

Manifestly, spin-offs from racial attitudes developed and cultivated through repeated interaction with colored peoples on the western frontier were being bestowed upon another caste in a different setting. As Olmsted reported in his notes on Texas society of the 1850s, Mexicans were regarded as “degenerate and degraded Spaniards” or, perhaps, “improved and Christianized Indians.” Generally, their tastes and social instincts were like those of Africans. “There are thousands in respectable social positions [in Mexico] whose color and physiognomy would subject them, in Texas, to be sold by the sheriff as negro-estrays who cannot be allowed at large without detriment to the commonwealth,” he concluded.^[18]

In view of the Southern presumption that individuals with any noticeable trace of African blood were blacks and given the contempt whites had for Indian “half-breeds,” it is not surprising that “niggers,” “redskins,” and “greasers” intimately intermingled in the Anglo-Texan mind. Moreover, whites considered racial mixing a violation of austere moralistic codes. According to Joseph Eve, U.S. chargé d’affaires to the Republic, the Texans regarded Mexicans as a race of “mongrels” composed of Spanish, Indian, and African blood.^[19] To Francis S. Latham, traveling in Texas in 1842, Mexicanos were nothing more than “the mongrel and illicit descendants of an Indian, Mexican and Spanish, pencilled with a growing feintline of the Anglo Saxon ancestry.”^[20] Such feelings about “mongrels” stemmed from the extensive lore American culture had developed concerning [17] the undesirability and supposed peril of miscegenation, especially between whites and blacks. Certainly, the mixed-blood nature of Tejanos concerned Anglo-Americans because of their cultural aversion to interracial passion, a subject upon which whites expressed themselves adeptly, albeit with no scientific basis. According to white beliefs, Mexicans resembled the degenerates from whom they descended. Although they inherited both the faults and the good qualities of their ancestors, unfortunately, the darker traits predominated, so that Mexicans by nature were superstitious, cowardly, treacherous, idle, avaricious, and inveterate gamblers. William H. Emory, surveying the boundary between the United States and Mexico, related this idea in an incidental remark included as part of his report, finished during the Franklin Pierce administration. Attributing the decline and fall of Spanish domination in Texas and the borderlands to a “baneful” cohabitation between whites and Indians, he continued:

Where practical amaglamation of races of different color is carried [out] to any extent, it is from the absence of the women of the cleaner race. The white makes his alliance with his darker partner for no other purpose than to satisfy a law of nature, or to acquire property, and when that is accomplished all affection ceases. Faithless to his vows, he passes from object to object with no other impulse than the gratification arising from novelty, ending at last in emasculation and disease, leaving no progeny at all, or if any, a very inferior and syphilitic race. Such are the favors extended to the white man by the lower and darker colored races, that this must always be the course of events, and the process of absorption can never work any beneficial change. One of the inevitable results of intermarrying between races of different color is infidelity. The offspring have a constant tendency to go back to one or the other of the original stock; that in a large family of children, where the parents are of mixed race but yet the same color, the children will be of every color, from dusky cinnamon to chalky white. This phenomenon, so easily explained without involving the fidelity of either party, nevertheless produces suspicion followed by unhappiness, and ending in open adultery.^[21]

This sort of pseudoscience dictated the status of mixed-blood Tejanos in a white state.

Arnoldo de León, They Called Them Greasers: Anglo Attitudes toward Mexicans in Texas, 1821-1900. Austin: University of Texas Press, 1983., 17-18.

 

1. ^[18]Olmsted, Journey Through Texas, p. 454.  In 1845, serious debate dealing with the Mexicans’ color arose at the state constitutional convention. Some of the delegates protested that limiting citizenship and franchise to free “white” males might exclude Tejanos (Crisp, “Anglo-Texan Attitudes toward the Mexican,” pp. 413-416). For another example in which whites questioned Mexicans’ right to citizenship because of their color, see Texas State Gazette, April 21, 1855, p. 4.↩
2. ^[19]Joseph Eve, “A Letter Book of Joseph Eve, United States Chargé d’Affaires to Texas,” ed. Joseph Nance, Southwestern Historical Quarterly 43 (October 1939): 218, (April 1940), 494, 506, 510.↩
3. ^[20]Francis S. Latham, Travels in Texas, 1840, or the Emigrant’s Guide to the New Republic, p. 227; Roemer, Texas, p. 11; [Wright and Wright?], Recollections of Western Texas, p. 32; McIntyre, Federals on the Frontier, p. 254. Miscegenation produced curious side effects in Mexicans, according to popular lore. According to border resident Jane Cazneau, “the stoic Mexican, true to his Indian nature, endures suffering himself in silent, passive fortitude, and has no tenderness or sympathy for suffering or anything else” (Eagle Pass: Or, Life on the Border, p. 68; see also pp. 53, 70), while the German Ferdinand Roemer believed the Mexicans had somehow inherited the same inclination and skill for stealing horses as their Indian ancestors (Texas, p. 150).↩
4. ^[21]House Exec. Doc. No. 135, 34th Cong., 1st Sess. (Ser. 861), I: 68-70. For a similar discourse on ethnology, see Vielé, “Following the Drum,” p. 158.↩

The rapid increase in the Hispanic population has not, however, complicated the black-white binary of U.S. race relations to the extent one might have expected. In part, this is because middle-class Hispanics–with the assistance of the Census Bureau in 1980–have redrawn the boundaries of whiteness to include both Hispanics and “non-Hispanic whites.” Mexican Americans, like other Hispanic groups, are at a crossroads: one path, slouching toward whiteness, leads to racial fissures that harden the color line between blacks and whites. Hispanic whites express their new sense of entitlement often by supporting anti-affirmative action laws, English-only movements, and other nativist ideologies on the backs of immigrants and African Americans. Another path welcomes the shared responsibility of defining and bringing into existence a transnational multiracial identity that acknowledges the Indian and African heritage of Latinos  and their ancient ties to the Western hemisphere, an identity that the author Richard Rodriguez calls simply “brown.”^[49]

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 141.

 

1. ^[49]Richard Rodríguez, Brown: The Last Discovery of America (New York: Viking, 2000).↩

The real issue over racial classification was clearly as much about Mexican racial pride as it was about fear over discrimination. In Texas, Mexicans endured the injuries of discrimination daily. Middle-class Mexican Americans needed to believe that segregation stemmed from Anglo ignorance of Mexico’s history and the fact that many middle-class Mexicans, like their Anglo counterparts, actually believed that whites were superior to both Indians and Africans. Mexican Americans did not necessarily acquire a belief in white racial supremacy in the United States, although it was certainly reinforced there whenever one encountered blacks and Indians in the United States.^[23]

These mostly middle-class Mexicans were not simply content to deny any “negro ancestry.” For many Mexicans and Mexican Americans, “colored” meant racial inferiority, social disgrace, and the total absence of political rights–in short, the racial equivalent of Indian and Negro.^[24] In their injunction against the El Paso city registrar, for example, they cited an Oklahoma law that made it libelous to call a white person “colored.”^[25] Mexican Americans in San Antonio, who joined the campaign to change the classification scheme, sent a resolution adopted by various LULAC councils to U.S. Representative Maury Maverick, a liberal Texas Democrat, to register their “most vigorous protest against the insult thus cast upon our race.”^[26] Maverick wrote to the director of the Census Bureau in Washington, D.C., that “to classify these people here as ‘colored’ is to jumble them in as Negroes, wich [sic] they are not and which naturally causes the most violent feelings.” He urged the director to include another category called “other white,” and argued that the classification of Mexicans as “colored” was simply inaccurate, because “people who are of Mexican or Spanish descent are certainly not of African descent.”^[27] An irate Mexican American evangelist wrote that if Mexicans were colored, then [133] Senator Dennis Chavez of New Mexico, who was the first U.S. senator of Mexican descent, “will have his children classified as Negroes. Then Uncle Sam can hang his face in shame before the civilized nations of the world.”^[28]

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 132-133.

1. ^[23]García, “Mexican Americans and the Politics of Citizenship,” p. 189.↩
2. ^[24]El Continental, Oct. 6 and 25, 1936, CCC.↩
3. ^[25]Collins v. State, 7. A. L. R., 895 (Okla.) in petition presented to the District Court of El Paso, M. A. Gomez et al., v. T. J. McCamant and Alex Powell, Oct., 1936, CCC.↩
4. ^[26]LULAC Resolution, San Antonio Council no. 16 and Council no. 2, Oct. 14, 1936, CCC.↩
5. ^[27]Maury Maverick to William L. Austin, Oct. 15, 1936, CCC; see also Calleros to Mohler, Oct. 9, 1936, CCC.↩
6. ^[28]Herald-Post, Oct. 8, 1936, CCC.↩

1956: Ávila, Arizona Mexicans are learning to act white, i.e., not serve Negroes in restaurants

Educating Anglos to acknowledge the white racial status of Mexican [137] Americans represented a major political goal of the American GI Forum. To become white–and therefore truly American–required members to distance themselves from any association, social or political, with African Americans. When the AGIF News Bulletin, for example, printed an article in 1955 titled “Mexican Americans Favor Negro School Integration,” Manuel Ávila, an active member of AGIF and close personal friend of Hector García, wrote to state chairman Ed Idar that “Anybody reading it can only come to the conclusion [that] we are ready to fight the Negroes’ battles… for sooner or later we are going to have to say which side of the fence we’re on, are we white or not. If we are white, why do we ally with the Negro?”^[38] Mexicans were learning to act like white people in Arizona, he reported, where Mexican restaurant owners, who normally served Negroes, had recently placed signs in the windows that Negroes would not be served. If Mexicans refused to serve Negroes, Ávila wrote, Anglo restaurants might begin serving Mexicans. Mexican Americans, he argued, must say to Negroes “I’m White and you can’t come into my restaurant.”^[39]

A sympathetic white woman from rural Mississippi, Ruth Slates, who owned a store that served many Mexican and Mexican American cotton pickers, wrote to Dr. García in 1951: “My blood just boils to see these farmers… trying to throw the Spanish kids out of schools… and into negro schools. She pointed out that although some of the “Spanish kids” “hate negroes,” others, unfortunately, “mix with them.” She then advised Dr. García that Mexicans needed a strong leader to teach them “right from wrong,” because some “even marry negros and some white girls.” Slates was giving Dr. García a quick lesson in southern racial protocol: if Mexicans want to be white, then they cannot associate with, much less marry, black folk, and she also implied that marrying white girls, in Mississippi at least, might not be a prudent thing to do.^[40] Ruth Slates liked “Spanish kids” and hoped that Dr. García would provide the kind of leadership required, as it is now fashionable to say, to perform whiteness.

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 136-137.

 

1. ^[38]Manuel Ávila, Jr. to Ed Idar, Feb. 7, 1956, box 26, folder 28, HPG; News Bulletin 4, nos. 1 and 2 (Sept.-Oct., 1955): 1, HPG.↩
2. ^[39]Manuel Ávila, Jr., to Ed Idar, Feb. 7, 1956, box 46, folder 28, HPG. See also Isaac P. Borjas to Hector P. García, June 2, 1940; Newspaper clipping, Caracas Daily Journal, [1960?], box 114, folder 22; and Ruth Slates to Dr. Hector García, Mar. 23, 1951, box 59, folder 33, HGP.↩
3. ^[40]Ruth Slates to Dr. Hector García, Mar. 23, 1951, box 59, folder 33, HGP.↩

1949: Felix Longoria and American GI Forum

A few years after World War II ended, another Mexican American civil rights organization was founded, the American GI Forum. Significantly, the name of the organization did not include any reference to its being an organization for Mexican American war veterans. Hector García, a medical doctor who founded the American GI Forum, achieved a degree of national attention in 1949 when he challenged the Anglo owner of a funeral home near San Antonio for refusing the use of the chapel to the Mexican American family of a deceased veteran, Private Felix Longoria. Dr. García organized a statewide protest that attracted the attention of U.S. Senator Lyndon [136] Baines Johnson who offered to have Private Longoria buried in Arlington National Cemetery in Washington, D.C., with full military honors, which the family graciously accepted. The incident established the American GI Forum as an effective civil rights advocate for Mexican Americans, even though Dr. García himself insisted, years after the Longoria incident, that the American GI Forum was not a civil rights organization but rather a “charitable organization.” As late as 1954 Dr. García claimed, “we are not and have never been a civil rights organization. Personally I hate the word.” What did Dr. García have against the phrase “civil rights”?^[33]

Here it is worth noting that the phrase “civil rights” was so firmly linked in the post-World War II imaginary to the civil rights struggle of African Americans that Dr. García perhaps thought it best not to acknowledge too forcefully the American GI Forum’s own civil rights agenda. […] Robert Kennedy, like Dr. García, did not wish to alienate whites in Texas–or anywhere else–by appearing to join the struggle of black people for civil rights.^[35]

By the early 1950s the American GI Forum, while still denying that it was a civil rights organization, sought to end discrimination in Texas schools, in employment, and in the use of public spaces. The core strategy depended on educating Anglos that “Americans of Spanish-speaking descent” or Latin Americans were Caucasians and that to identify them as anything but white, whether on birth certificates or traffic citations, was illegal. Making any distinction between Latin Americans and whites, he wrote, was a “slur,” an insult to all Latin Americans of Spanish descent.^[36]

A decade later, Vice President Hubert Humphrey made the mistake of writing the American GI Forum to announce the government’s new program to offer summer jobs to teenagers, especially, he wrote, for “the non-white teenagers.” The AGIF Auxiliary chairwoman, Mrs. Dominga Coronado, rebuked the vice president: “If everyone in the government takes the position emphasized in your letter ([that Mexicans are] nonwhite), then it is understandable why the Mexican American is getting ‘the leftovers’ of the Federal programs in employment, housing and education.”^[37] White people, she seemed to imply, do not eat leftovers.

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 135-136.

 

1. ^[33]Hector García to Gerald Saldana, Mar. 13, 1954, box 141, folder 3, Hector P. García Papers, Texas A&M University, Corpus Christi, hereafter cited as HPG.↩
2. ^[35]While not promoting the American GI Forum as a civil rights organization in 1949, García nevertheless wrote to the Texas governor that “Texas is in immediate need of a Civil Rights Program.” Hector P. García to Allan Shivers, Dec. 4, 1949, HPG.↩
3. ^[36]Hector P. García to Editor, Lubbock Morning Avalanche, July 18, 1956, HPG.↩
4. ^[37]Hubert Humphrey to Dominga Coronado, June 12, 1967; Dominga Coronado to Hubret Humphrey, June 26, 1967, HPG.↩

1840-1850: Census documentation of declining Tejanx economic position

The 1840 census of the Republic of Texas recorded him as holding one town lot in San Antonio, presumably the location of his private residence, and two horses. He was also the agent of record for his widowed mother, who owned one town lot. After U.S. annexation of Texas, his level of prosperity remained relatively constant. In 1840, on the first U.S. census conducted in San Antonio, he was listed as a “merchant” who owned real estate valued at $2,000; a newspaper report from seven years later mentions Menchaca as one owner of transport carts loaded with goods that left San Antonio for the coast under armed guard during the infamous Cart War.^[26]

[15] Still, in comparison to other San Antonio Tejanos, Menchaca’s retention of his homestead and mercantile interests placed him ahead of many contemporaries. Although incomplete, the census of 1840 showed that Tejanos owned 85.1 percent of the town lots in San Antonio, along with 63.8 percent of all land acreage titled to local residents. According to the 1850 census, they owned only 9.1 percent of real estate values claimed. Similarly, in 1830, when Tejanos comprised nearly all the population of San Antonio, the census showed that most residents were farmers and only 14.8 percent were laborers. No employment listings were given in the 1840 census, but in 1850, 61.4 percent of the Tejano population was in labor positions. Menchaca was comparatively well off, but only in relation to a San Antonio Tejano population undergoing a significant downward trend in economic status from landowners to a working underclass.^[27]

Menchaca did not complacently accept the woes of his fellow Tejanos. He was a frequent witness for Tejano parties in court cases, particularly for veterans seeking the compensation due them by law for military service in the Texas Revolution. Convinced that the just claims of many Tejano veterans had been denied or unduly delayed as compared to the more prompt approvals their Anglo-American counterparts received, Menchaca was one of nineteen Tejano signers in 1875 of a letter to the Texas comptroller of [16] public accounts that sought to “disabuse [Comptroller Stephen H. Darden’s mind of any prejudice” against Tejano veterans and that demanded for themselves and their comrades “simply justice and nothing more.” His support of fellow Tejanos was so strong that apparently he did not even hold grudges against those who supported the Mexican side in the Texas Revolution. For example, he provided a deposition to support the legal claims of Francisco Esparza, a San Antonio native who, unlike his Alamo-defender brother Gregorio, had opted to fight in the Mexican army during the December 1835 Texan siege of San Antonio and was on reserve with the Mexican forces during Santa Anna’s Texas campaign. James Newcomb summed up Menchaca’s leading role as a legal advocate when he quipped that “in later years, when the titles to almost every foot of ground in the old city and county of Bexar were litigated in the courts, Captain Menchaca became a standing witness to prove up the genealogy of the old families.”^[28]

Matovina and de la Teja, “Introduction: Antonio Menchaca in Texas History,” in Antonio Menchaca, Recollections of a Tejano Life: Antonio Menchaca in Texas History, edited by Timothy Matovina and Jesús F. de la Teja, with the collaboration of Justin Poché (Austin: University of Texas Press, 2013)., 14-16.

1. ^[26][…] Gifford White, ed., The 1840 Census of the Republic of Texas, 15; V. K. Carpenter, comp. The State of Texas Federal Population Schedules Seventh Census of the United States, 1850, entry no. 179, 1:121; San Antonio Herald, 25 September 1857, p. 2. For a brief overview of the Cart War, see John J. Linn, Reminiscences of Fifty Years in Texas, 352-354; J. Fred Rippy, “Border Troubles along the Rio Grande, 1848-1860,” 103-104; Larry Knight, “The Cart War: Defining American in San Antonio in the 1850s,” 319-336.↩
2. ^[27]White, ed., The 1840 Census of the Republic of Texas, 12-18; Carpenter, comp., State of Texas Seventh Census, 1:111-189; White, 1830 Citizens of Texas, 79-112. The downward trend in socioeconomic fortunes of Bexareños was not unique, either to Texas or to the Southwest generally. Arnoldo De León, in The Tejano Community, 1836-1900, was the first to explore this theme in a major work, not from the perspective of victimization, but from that of resistance and self-assertion. David Montejano, in confirming De León’s findings, expanded the focus to include the legalistic dynamics of Tejano marginalization in the nineteenth century in Anglos and Mexicans in the Making of Texas, 1836-1986. Beyond Texas, Richard Griswold del Castillo, in The Los Angeles Barrio, 1850-1890: A Social History, and Albert Camarillo, in Chicanos in a Changing Society: From Mexican Pueblos to American Barrios in Santa Barbara and Southern California, 1848-1930, trace the very similar processes at work in southern California during the nineteenth century. Even in New Mexico, where they remained such a large percentage of the population, Laura E. Gómez demonstrates in Manifest Destinies: The Making of the Mexican American Race that Mexican Americans faced socioeconomic decline. In all these cases, the result was the formation and reinforcement of a distinctly Mexican-based identity.↩
3. ^[28]Antonio Menchaca, deposition, 1 January 1856, Antonio Fuentes file, and deposition, 28 July 1856, Carlos Espalier file, both in Memorials and Petitions, Texas State Library and Archives Commission, Austin; Juan N. Seguín, “Application for Pension,” 2 October 1874, in Seguín, Revolution Remembered, ed. De la Teja, 2nd ed., 187-188; Tejano citizens to Stephen H. Darden, 12 January 1875, in James M. Day, ed., “Texas Letters and Documents,” 84; Menchaca, deposition, 24 August 1860, Court of Claims voucher file no. 2557 (Francisco Esparza), Texas General Land Office, Austin; Newcomb, introduction to Memoirs, by Antonio Menchaca, ed. Chabot, 11.↩

(Cf. 1836 Declaration from Texas on “unfit to govern themselves,” etc., which is cited in briefs in In re Rodriguez.)

The prerequisite cases also naturalized Whiteness by linking cognitive and cultural traits to physical difference. The prerequisite courts tied temperament, culture, intellect, political sophistication, and so on to physical features, treating questions of behavior as innate elements of human biology rather than as aspects of acquired identity.^[16] Reconsider the justification offered by one court for the racial bar on Asian naturalization: “The yellow or bronze racial color is the hallmark of Oriental despotisms.”^[17] This language draws a direct link between race and political temperament, thereby making culture a function of racial rather than social variability. This view of race seems to undergird the prerequisite laws, rendering fitness for citizenship not a question of learned behavior but of innate predispositions. To see this, contrast the remark about “despotism” with the view commonly held at the turn of the century that the White race was, as a leading scholar put it, “peculiarly fitted for self-government. It submits its action habitually to the guidance of reason, and has the judicial faculty of seeing both sides of a question.”^[18] Whites qualified for citizenship because they were fit by nature for republican government; non-Whites remained perpetual aliens because they were inherently unfit for self-rule. Putative differences in temperament and culture were naturalized as “racial” differences.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 162.

 

1. ^[16]SMEDLEY, supra, at 27.↩
2. ^[17]Terrace v. Thompson, 274 F. 841, 849 (W.D.Wash. 1921).↩
3. ^[18]FRANCIS PARKMAN: REPRESENTATIVE SELECTIONS 380-82 (William Schram ed., 1938), quoted in THOMAS GOSSETT, RACE: THE HISTORY OF AN IDEA IN NORTH AMERICA 95 (1963).↩

1920s: “I would not think of classifying Mexicans as whites.” / BB&W 50 (From Taylor interviews.)

Economic competition, although a significant force, does not sufficiently explain the history of anti-Mexican or anti-black mob violence. If mobs had considered only economics, they would have been just as likely to murder or expel any group standing in their way. But, in fact, mobs specially targeted Mexicans in the southwestern United States. Racism and prejudice, it is clear, played a fundamental role in encouraging mob violence against Mexicans. Mexicans were portrayed as a cruel and treacherous people with a natural proclivity toward criminal behavior. Racist stereotypes abounded in private correspondence, contemporary literature, and the popular media. “The lower class of Mexicans, on the west coast, appear to be a dark, Indian-looking race, with just enough of the Spanish blood, without its appropriate intelligence, to add a look of cunning to their gleaming, treacherous eyes, wrote Theodore T. Johnson in 1849.^[54] In April, 1872, the Weekly Arizona Miner exclaimed: “Bad Mexicans never tire of cutting throats, and we are sorry to be compelled to say that good Mexicans are rather scarce.”^[55] These assumptions, legitimated by pseudoscientific research, remained prevalent well into the twentieth century. A track foreman interviewed in the late 1920s in Dimmit County, Texas, observed: “They are an inferior race. I would not think of classing Mexicans as whites.”^[56]

William D. Carrigan and Clive Webb, "Muerto por Unos Desconocidos (Killed by Persons Unknown): Mob Violence against Blacks and Mexicans," in Beyond Black & White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker (College Station: Texas A&M University Press, 2004), 50.

 

 

1. ^[54]Theodore T. Johnson, Sights in the Gold Regions and Scenes by the Way (New York: Baker and Scriber, 1849), p. 240. Another early example of Anglo prejudice against Mexicans can be found in T. J. Farham, Life, Travels, and Adventures in California and Scenes in the Pacific Ocean (New York: William H. Graham, 1846), pp. 356-57.↩
2. ^[55]Weekly Arizona Miner, Apr. 26, 1872.↩
3. ^[56]Paul S. Taylor, Mexican Labor in the United States: Dimmit County, Winter Garden District, South Texas (Berkeley: University of California Press, 1980), p. 446 (quote). For additional accounts of prejudicial views towards Mexicans, see Robert Lee Maril, Poorest of Americans: The Mexican Americans of the Lower Rio Grande Valley of Texas (Notre Dame, Ind.: University of Notre Dame Press, 1989), pp. 10-11, 30, 33, 41-47, 49, 51-54, 79, 81, 151-55; Américo Paredes, “With His Pistol in His Hand,” in Chicano: The Evolution of a People, ed. by Renato Rosaldo, Robert A. Calvert, and Gustav L. Seligmann, Jr. (Malabar, Fla.: Robert E. Krieger Publishing Company, 1982), p. 101; Richard Griswold del Castillo and Arnoldo De León, North to Aztlán: A History of Mexican Americans in the United States (New York: Twayne Publishers, 1996), p. 30; Frank W. Johnson, A History of Texas and Texans (Chicago: American Historical Society, 1914), vol. 1, p. 516; Mark Reisler, “Always the Laborer, Never the Citizen: Anglo Perceptions of the Mexican Immigrant during the 1920s,” in Between Two Worlds: Mexican Immigrants in the United States, ed. by David G. Gutierrez (Wilmington, Del.: Scholarly Resources Inc., 1996), pp. 25-29.↩

1857: Cart War in context of Anglo lynchings of Mexicans. / BB&W 49

Although the California gold rush witnessed some of the worst acts of mob violence against Mexicans, whites also resorted to savagery–in order to secure economic supremacy–on other occasions. Actions during the Texas “Cart War” of 1857 exemplify this. During the 1850s, Texas businessmen developed a freight-hauling service between Indianola and San Antonio. Frustrated at having been beaten out by the lower prices of their Mexican [50] rivals, white competitors resorted to murdering cartmen, driving off their oxen and burning their carts and freight. Economic rivalry with Mexicans continued to inspire retributive action by whites throughout the late nineteenth and early twentieth centuries. In 1898, a group of Gonzales, Texas men–probably poor white sharecroppers in competition with Mexican immigrants–posted this warning: “Notice to the Mexicans. You have all got ten days to leave in. Mr. May Renfro and brother get your Mexicans all off your place. If not, you will get the same they do. Signed, Whitecaps.” In the 1920s, alarm at the increasing number of Mexican laborers who settled in the Rio Grande valley contributed to the growth of the local Ku Klux Klan.^[53]

William D. Carrigan and Clive Webb, "Muerto por Unos Desconocidos (Killed by Persons Unknown): Mob Violence against Blacks and Mexicans," in Beyond Black & White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker (College Station: Texas A&M University Press, 2004), 49ff.

1. ^[53]Waco Times-Herald, Feb. 17, 1898; David J. Weber, ed., Foreigners in their Native Land: Historical Roots of the Mexicans (Albuquerque: University of New Mexico Press, 1973), p. 153; George P. Garrison, Texas: A Contest of Civilizations (Boston: Houghton Mifflin Co., 1973), p. 274; Frank W. Johnson, A History of Texas and Texans (Chicago: American Historical Society, 1914), vol. 1, pp. 515-16; J. Fred Rippy, The United States and Mexico (New York: F. S. Crofts & Co., 1931), pp. 179-80; Charles C. Alexander, The Ku Klux Klan in the Southwest (Lexington: University of Kentucky Press, 1965), p. 24. For further evidence of economic competition precipitating mob violence, see Mary Romero, “El Paso Salt War: Mob Action or Political Struggle?” Aztlán 16, nos. 1-2 (1985): 119-38.↩

Second, positive law has created the racial meanings that attach to physical features. In a sense, this is the heart of the prerequisite cases, which at root embody the efforts of the courts to inscribe on the bodies of individual applicants the term “White” or “non-White.” These cases established as legal precedent the racial identities of the various faces and nationalities entering the United States at the turn of the century. Again, however, the racial prerequisites to naturalization are not the only laws that explicitly defined racial identities. Almost every state with racially discriminatory legislation also established legal definitions of race. It is no accident that the first legal ban on interracial marriage, a 1705 Virginia act, also constituted the first statutory effort to define who was Black.^[6] Regulating or criminalizing behavior in racial terms required legal definitions of race.^[7] Thus, in the years leading up to Brown, most states that made racial distinctions in their laws provided statutory racial definitions, almost always focusing on the boundaries of Black identity. Alabama and Arkansas defined anyone with one drop of “Negro” blood as Black; Florida had a one-eighth rule; Georgia referred to “ascertainable” non-White blood; Indiana used a one-eighth rule; Kentucky relied on a combination of any “appreciable admixture” of Black ancestry and a one-sixteenth rule; Louisiana did not statutorily define Blackness but did adopt via its Supreme Court an “appreciable mixture of negro blood” standard; Maryland used a “person of negro descent to the third generation” test; Mississippi combined an “appreciable amount of Negro blood” and a one-eighth rule; Missouri used a one-eighth test, as did Nebraska, North Carolina, and North Dakota; Oklahoma referred to “all persons of African descent,” [119] adding that the “term ‘white race’ shall include all other persons”; Oregon promulgated a one-fourth rule; South Carolina had a one-eighth standard; Tennessee defined Blacks in terms of “mulattoes, mestizos, and their descendants, having any blood of the African race in their veins”; Texas used an “all persons of mixed blood descended from negro ancestry” standard; Utah law referred to mulattos, quadroons, or octoroons; and Virginia defined Blacks as those in whom there was “ascertainable any Negro blood” with not more than one-sixteenth Native American ancestry.^[8]

The very practice of legally defining Black identity demonstrates the social, rather than the natural basis of race. Moreover, these competing definitions demonstrate that the many laws that discriminated on the basis of race more often than not defined, and thus helped to create, the categories they claimed only to elucidate. In defining Black and White, statutory and case law assisted in fashioning the racial significance that by themselves drops of blood, ascertainable amounts, and fractions never could have. In the name of racially regulating behavior, they created racial identities.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996) Haney López, White By Law  , 118-119.

1. ^[6]Finkelman, supra, at 2088. According to Finkelman, “This act also made the first stab at defining who was actually black. The law declared that anyone who was a child, grandchild, or great grandchild of a black was a mulatto under the statute. this meant that persons who were of one-eighth African ancestry were black for purposes of Virginia law.” See generally A. Leon Higginbotham, Jr., and Barbara K. Kopytoff, Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 GEO. L. J. 1967 (1989).↩
2. ^[7]See Raymond T. Diamond and Robert J. Cottrol, Codifying Caste: Louisiana’s Racial Classification Scheme and the Fourteenth Amendment, 29 LOY. L. REV. 255, 265 (1983) They argue that “[s]tate supported or initiated discrimination required racial definitions. The law could not separate what it failed to categorize.”↩
3. ^[8]Paul Finkelman, The Color of Law, 87 NW. U. L. REV. 937, 955 n. 96 (citing PAUL MURRAY, STATES’ LAWS ON RACE AND COLOR [1950]).↩