Mixed Race Studies

EIHS Lecture: “Partus Sequitur Ventrem: Slave Law and the History of Women in Slavery”

Eisenberg Institute for Historical Studies
University of Michigan
1014 Tisch Hall
435 South State Street
Ann Arbor, Michigan 48109-1003
2015-02-05, 16:00-18:00 CST (Local Time)

Jennifer L. Morgan, Professor of Social and Cultural Analysis, History
New York University

In 1662, legislators in the Virginia Colony passed a law that determined that, in the matter of sex between free English men and “negro women,” the legal condition of the child should follow that of the mother. Long understood as the law that codified hereditary racial slavery, this code reassured slaveowning settlers that, in the matter of enslaved people, enslaveability devolved through the mother: Partus Sequitur Ventrem or, literally, “offspring follows belly.” In this paper I ask how this legislative intervention might have been perceived by enslaved women and men in the sixteenth- and seventeenth-century English Atlantic.

Jennifer L. Morgan is the author of Laboring Women: Gender and Reproduction in the Making of New World Slavery (University of Pennsylvania Press, 2004). Her research examines the intersections of gender and race in colonial America. She is currently a member of the Institute for Advanced Study in Princeton where she is at work on a project that considers colonial numeracy, racism, and the rise of the trans-Atlantic slave trade in the seventeenth-century English Atlantic, tentatively titled Accounting for the Women in Slavery. She is Professor of History in the Department of Social and Cultural Analysis and the Department of History at New York University and lives in New York City.

Free and open to the public…

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The Great New Orleans Kidnapping Case: Race, Law, and Justice in the Reconstruction Era [Tejada Review]

Washington Independent Review of Books
2015-01-15

Susan Tejada

When a Crescent City toddler goes missing, the tensions of the post-Civil War South are exposed.

Ross, Michael A., The Great New Orleans Kidnapping Case: Race, Law, and Justice in the Reconstruction Era (New York, Oxford: Oxford University Press, 2014)

The case was combustible. Two mixed-race women, abetted by the son of one of them, stood accused of kidnapping a blonde, blue-eyed white baby girl in New Orleans in 1870. How did it end? Author Michael Ross expertly keeps readers in suspense as he weaves this true tale of crime, culture, politics, and colorful Southern characters — including a riverboat captain, “mulatresses,” and a precedent-setting Afro-Creole detective.

The case began on the afternoon of June 9, 1870, when Bridgette Digby sent her 10-year-old son, Georgie, and toddler daughter Mollie outside to play under the supervision of a teenage babysitter. Two stylish, fair-skinned African-American women happened to be strolling by. As they stopped to admire Mollie, a fire broke out a few blocks away, and the excited babysitter asked Georgie to hold his sister while she ran to watch the fire.

“No bubby, I will take the baby,” one of the women said. The women asked Georgie to lead them to the home of a certain neighbor. Once there, they told Georgie it was the wrong house, and then sent him to the market to buy a treat for his sister. A heart-stopping shock awaited Georgie when he came out of the market. The women were gone, and so was his baby sister…

Read the entire review here.

The Great New Orleans Kidnapping Case: Race, Law, and Justice in the Reconstruction Era

Oxford University Press
2014-10-14
320 Pages
30 half-tones
6-1/8 x 9-1/4 inches
Hardcover ISBN: 9780199778805

Michael A. Ross, Associate Professor of History
University of Maryland

• Offers a glimpse into the volatile racial world of Reconstruction era New Orleans
• Guides readers through one of the first sensationalized kidnapping trials of the late 19th Century
• Offers fresh insights on the complexities and possibilities of the Reconstruction era

In June 1870, the residents of the city of New Orleans were already on edge when two African American women kidnapped seventeen-month-old Mollie Digby from in front of her New Orleans home. It was the height of Radical Reconstruction, and the old racial order had been turned upside down: black men now voted, held office, sat on juries, and served as policemen. Nervous white residents, certain that the end of slavery and resulting “Africanization” of the city would bring chaos, pointed to the Digby abduction as proof that no white child was safe. Louisiana’s twenty-eight-year old Reconstruction governor, Henry Clay Warmoth, hoping to use the investigation of the kidnapping to validate his newly integrated police force to the highly suspicious white population of New Orleans, saw to it that the city’s best Afro-Creole detective, John Baptiste Jourdain, was put on the case, and offered a huge reward for the return of Mollie Digby and the capture of her kidnappers. When the Associated Press sent the story out on the wire, newspaper readers around the country began to follow the New Orleans mystery. Eventually, police and prosecutors put two strikingly beautiful Afro-Creole women on trial for the crime, and interest in the case exploded as a tense courtroom drama unfolded.

In The Great New Orleans Kidnapping Case, Michael Ross offers the first full account of this event that electrified the South at one of the most critical moments in the history of American race relations. Tracing the crime from the moment it was committed through the highly publicized investigation and sensationalized trial that followed, all the while chronicling the public outcry and escalating hysteria as news and rumors surrounding the crime spread, Ross paints a vivid picture of the Reconstruction-era South and the complexities and possibilities that faced the newly integrated society. Leading readers into smoke-filled concert saloons, Garden District drawing rooms, sweltering courthouses, and squalid prisons, Ross brings this fascinating era back to life.

A stunning work of historical recreation, The Great New Orleans Kidnapping Case is sure to captivate anyone interested in true crime, the Civil War and its aftermath, and the history of New Orleans and the American South.

Table of Contents

• Acknowledgments
• Introduction
• Ch 1 A Kidnapping in the Back of Town
• Ch 2 Detective John Baptiste Jourdain and His World
• Ch 3 A Trace of a Missing Child?
• Ch 4 A Knock at the Digbys’ Door
• Ch 5 The Arrest of the Alleged Accessories
• Ch 6 The Woman in the Seaside Hat
• Ch 7 The Recorder’s Court
• Ch 8 A Highly Unusual Proceeding
• Ch 9 Unveiling the Mystery
• Ch 10 The Case “That Excited All New Orleans”
• Afterword and Acknowledgments
• Notes
• Index

The Life and Death of Davis Knight after State vs. Knight (1948)

Renegade South: Histories of Unconventional Southerners
2009-04-08

Victoria E. Bynum, Emeritus Professor of History
Texas State University, San Marcos

Davis Knight, the great-grandson of the infamous “Free State of Jones” guerrilla, Newt Knight, became the centerpiece of his own drama some 25 years after the death of his notorious ancestor. Although Davis was descended from Newt and his wife, Serena, both of whom were white, he was also the great-grandson of Rachel Knight, a former slave of Newt’s grandfather. And although Davis was white in appearance, because of his descent from Rachel, he was defined as black by his white neighbors. Some of those neighbors did not take kindly to Davis Knight’s marriage in 1946 to Junie Lee Spradley, a local white woman. In 1948, Davis ended up in court, accused of having married across the color line (a crime in several states until 1967). Despite a vigorous defense by Attorney Quitman Ross, a jury pronounced Davis guilty. Convicted of miscegenation, the Ellisville Court sentenced him to five years in Mississippi’s notorious Parchman prison.

Attorney Ross immediately appealed the decision on grounds the court had failed to prove that Davis had 1/8th or more African ancestry, and won his case. The Mississippi State Supreme Court overturned the lower court’s decision and remanded Davis’s case for retrial–a retrial that never took place. In legal terms, the High Court ruled in this important case, the “one drop rule” did not determine one’s racial identity, regardless of social custom. Davis Knight thus escaped going to prison and, for the rest of his life, lived as a white man…

Read the entire article here.

Penn PIK Professor Dorothy Roberts to Receive APA’s 2015 Fuller Award

Penn News
University of Pennsylvania
2015-01-23

Jacquie Posey, Media Contact
Telephone: 215-898-6460

The American Psychiatric Association has named University of Pennsylvania professor Dorothy Roberts recipient of the 2015 Solomon Carter Fuller Award in recognition of her demonstrated leadership and exceptional achievements.

The award honors “a Black citizen who has pioneered in an area which has significantly benefitted the quality of life for Black people.”

Roberts is an acclaimed scholar of race, gender and the law who joined the University in 2012 as its 14th Penn Integrates Knowledge Professor. She is the George A. Weiss University Professor of Law and Sociology. Her appointment is shared between the School of Law and the departments of sociology and Africana studies in Penn Arts & Sciences. She is also the founding director of Penn’s Program on Race, Science and Society.

Roberts’ path-breaking work explains the mechanisms and consequences of racial inequities for women, children, families and communities and counters scientific misunderstandings about racial identity. Her research focuses on family, criminal and civil-rights law; bioethics; child welfare; feminist theory; reproductive justice; critical race theory;  and science and society.

Her major books include Fatal Intervention: How Science, Politics and Big Business Re-Create Race in the Twenty-first Century; Sex, Power and Taboo: Gender and HIV in the Caribbean and Beyond; Shattered Bonds: The Color of Child Welfare; and Killing The Black Body: Race, Reproduction and the Meaning of Liberty…

Read the entire news release here.

Is the Defendant White or Not?

The New York Times
2015-01-23

Nour Kteily, Assistant Professor of Management and Organizations
Kellogg School of Management
Northwestern University

Sarah Cotterill, Doctoral Student
Department of Psychology
Harvard University

AS jury selection continues in the trial of Dzhokhar Tsarnaev, the defendant in the Boston Marathon bombings, so does debate about what would constitute a fair and impartial jury. Questions have been raised about the race, gender, age and religiosity of prospective jurors; about the effect of holding the trial in Boston; and about the legal requirement that the jurors be open to the possibility of sentencing the defendant to death.

But recent research of ours suggests that another, largely overlooked factor may also play an important role in the trial: whether the jurors perceive Mr. Tsarnaev as white.

No sooner did the F.B.I. release photographs of Mr. Tsarnaev and his older brother, Tamerlan, three days after the bombings, than questions arose about the racial identity of the suspects. (“Are the Tsarnaev Brothers White?” ran a headline in Salon.) Although neither brother matched the visual prototype of a white American, both hailed from the Caucasus, the region that gave rise to the term “Caucasian,” and both had lived in America for many years…

Read the entire article here.

Race in Contemporary Brazil: From Indifference to Inequality

Pennsylvania State University Press
1999
304 pages
Dimensions: 6 x 9
1 illustration
Hardcover ISBN: 978-0-271-01905-5
Paperback ISBN: 978-0-271-01906-2

Edited by: Rebecca Reichmann

Brazil’s traditionally agrarian economy, based initially on slave labor and later on rural labor and tenancy arrangements, established inequalities that have not diminished even with industrial development and urban growth. While fertility and infant mortality rates have dropped significantly and life expectancy has increased during the past thirty years, the gaps in mortality between rich and poor have remained constant. And among the poor of different races, including the 45 percent of Brazil’s population identified as preto (“black”) or pardo (“brown”) in the official census, persistent inequalities cannot be explained by the shortcomings of national economic development or failure of the “modernization” process.

Reichmann assembles the most important work of Brazilians writing today on contemporary racial dynamics in policy-relevant areas: the construction of race and color classification systems, access to education, employment and health, racial inequalities in the judiciary and politics, and black women’s status and roles. Despite these glaring social inequalities, racial discrimination in Brazil is poorly understood, both within and outside Brazil.

The still-widespread notion of harmonious “racial democracy” in Brazil was first articulated by anthropologist Gilberto Freyre in the 1930s and was subsequently reinforced by the popular media, social observers, and scholars. By giving voice to Brazilians’ own interpretations of race, this volume represents an essential contribution to the increasingly international debates about the African diaspora and comparative constructions of race.

The Children of Loving v. Virginia: Living at the Intersection of Law and Mixed-Race Identity

Martin Luther King Jr. Day Special Lecture
University of Michigan
2015-01-19

Martha S. Jones, Arthur F. Thurnau Professor, Associate Professor of History
University of Michigan

University of Michigan Law School Prof. Martha S. Jones, who codirects the Program in Race, Law & History​, addresses her own experience as a mixed race woman and explores issues facing contemporary society as the featured speaker at Michigan Law’s Martin Luther King Jr. Day celebration on Jan. 19, 2015.

Presenting “The Children of Loving v. Virginia: Living at the Intersection of Law and Mixed-Race Identity,” Jones uses lived experience to open up an understanding of how legal culture has wrestled with the idea that Americans might check more than one box.

View the video (00:37:05) here.

On race, Obama sticks to a game plan of seeking steady progress within the system

The Washington Post
2015-01-18

Steven Mufson, White House correspondent, financial staff writer

During racially tense moments that have beset the nation recently, many Americans have longed for President Obama to display some of the passion and soaring rhetoric that made the Rev. Martin Luther King Jr., who would have turned 86 last week, a civil rights legend.

But the messages of restraint Obama has given in response to outcry over police violence are the same ones he has been dispensing for 20 to 30 years, echoes of thoughts he has had ever since he was a young community organizer in Chicago. His central tenets: Don’t give in to anger and violence; work to improve, not destroy, the legal system; and accept that change will come and things are getting better, albeit more slowly than many would like.

Though Obama’s views have evolved on issues such as gay marriage and national security during his six years in office, his views on race have remained remarkably consistent, and recent events appear to have affirmed rather than altered those views.

The president is likely to touch on race again Tuesday in his State of the Union address, and if so, he will probably acknowledge that on race, as on the economy, a “resurgent America” has made great progress but still requires greater inclusiveness.

Rather than making pressing demands for economic justice like those that defined King’s crusade, Obama will make a pitch for a tax package that will aid lower- and middle-class households and serve as modest tools for economic advancement for both whites and blacks…

Read the entire article here.

Plaçage and the Performance of Whiteness: The Trial of Eulalie Mandeville, Free Colored Woman, of Antebellum New Orleans

American Nineteenth Century History
Volume 15, Issue 2, 2014
pages 187-209
DOI: 10.1080/14664658.2014.959818

Carol Wilson, Arthur A. and Elizabeth R. Knapp Professor of American History
Washington College, Chestertown, Maryland

Depictions of plaçage, a type of concubinage found in pre-Civil War New Orleans, have tended toward the romantic. A group of scholars have shown recently that, contrary to popular perception, many plaçage unions were no different from common-law marriages. This article takes a case-study approach to examine one such relationship in detail – one that was the subject of a legal challenge involving the fortune of perhaps the wealthiest free black woman in Louisiana. I apply Ariela J. Gross’s theory of “performance of whiteness” to demonstrate why free woman of color Eulalie Mandeville won her case over her white partner’s numerous white relatives at a time when free blacks in Louisiana and the rest of the nation were losing rights.

Read or purchase the article here.