Mixed Race Studies

Resistance, Silence, and Placées: Charles Bon’s Octoroon Mistress and Louisa Picquet

American Literature
Volume 79, Number 1 (March 2007)
pages 85-112
DOI: 10.1215/00029831-2006-072

Stephanie Li, Assistant Professor of English
University of Rochester

In 1850, Mary Walker, a free woman of color, filed a petition in the Fourth District Court of New Orleans to enslave herself and her nine-year-old daughter to George Whittaker. Commenting on a similar case involving the voluntary enslavement of another free woman of color, the New Orleans Daily Picayune asserted that Amelia Stone “preferred” the liberty, security, and protection of slavery here, to the degradation of free niggerdom among the Abolitionists at the North, with whom she would be obliged to dwell, and in preference to which, she has sought the ‘chains’ of slavery.” With only this specious rationale, a political barb aimed at antislavery Northerners, there exists no historical record to explain Stone’s and Walker’s drastic choice. Nevertheless, we can offer some conjectures concerning the motives of women of color who sought enslavement. Throughout the nineteenth century, free people of color living in New Orleans were subjected to waves of discrimination that culminated in the ratification of laws restricting their mobility and basic liberties. They were required to carry proof of their freedom at all times, and their right of assembly was severely limited. An 1842 law required recently arrived free blacks to leave Louisiana. Had Walker been new to the state, enslavement would have been the only way for her to remain. Even if she had been born in Louisiana, she might have preferred the stability of enslavement to the troubles and insecurities of freedom.

In giving up her liberty, Walker made one final independent choice; she chose George Whitaker as her master. Perhaps she had some knowledge of his character and social position that led her to entrust her life and that of her daughter to him. He may have been her former…

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One ‘Speck’ of Imperfection—Invisible blackness and the one-drop rule: An interdisciplinary approach to examining Plessy v. Ferguson and Jane Doe v. State of Louisiana

Indiana University
2008
371 pages
Publication Number: AAT 3315914
ISBN: 9780549675372

Erica Faye Cooper

Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Doctor of Philosophy

By 1920 virtually every state legislature had adopted “one-drop” laws. These laws were important because they served as the means for determining racial identity in the United States throughout the 20th century. In the past, scholars focus on either the social or legal history of the one-drop rule. Despite the exhaustive social and legal historical accounts, I argue that the “history” of the one-drop rule is incomplete without a rhetorical history. My findings suggest that a rhetorical history of the one-drop rule is vital because it explores how the doctrine emerged in legal and social discourse. In addition, a rhetorical history also uncovers the persuasive strategies used by rhetors to reinforce racist ideology.

In this dissertation, I found that the one-drop rule occupied a significant role in judicial rhetoric through the persuasive strategies of judicial actors—court justices and lawyers. I revealed that their language choices created a pseudo “racial” reality that was characterized by a rigid black-white racial binary. This “false” reality functioned persuasively to obscure the racial diversity that actually existed in the United States during specific moments in time. Using Critical Race Theory from legal studies and McGee’s notion of the “ideograph” from critical rhetorical theory, I examined the U.S. Supreme Court’s holding in Plessy v. Ferguson (1896) and the Court of Appeals’ holding in Jane Doe v. State of Louisiana (1985). My findings show that such terms as “white,” “black,” and the “one-drop rule” were used by lawyers and court justices in disputes involving racial identity and legal rights beginning in 1896. In both cases, the one-drop ideograph dominated discussions regarding who was “black” or “white.” Based on its ideographic relationship with the one-drop rule, “black” was defined to include mixed and unmixed blacks as well as whites. Within this ideographic analysis, I describe how the notion of invisible blackness was rhetorically constructed from the language used by the court. The one-drop rule continues to influence legislation and social attitudes.

Table of Contents

• Chapter 1
  • Introduction to Problem
  • Justifying for Research and Statement of Purpose
  • Research Questions, Methods, and Overview
    • Methods: Case Analysis
    • Preview of Chapters
• Chapter 2
  • Socio-Cultural history
  • Definition of the one-drop rule
    • Rationales for why the one-drop rule emerge
    • The One-Drop Rule Today
    • Summary
  • Legal History
    • Emergence of the Color Line in the law
    • Summary
  • Prior Analyses of the Plessy and Phipps decisions
  • Conclusion
• Chapter 3
  • The Coming
    • Social Context: Racial Identity in Post-Bellum Louisiana
    • Legal Context
    • Introduction to Plessy
    • Summary
  • The ideographs
    • Plessy and Ferguson Briefs
    • Supreme Court Response
  • Rhetorical Implications
• Chapter 4
  • The Coming
    • Socio-Cultural Context
    • Summary of the Socio-Legal Context
    • Who is Suzy Phipps?
  • The ideographs
    • Phipps Briefs
    • The Judicial Responses
    • Summary
  • Rhetorical Implications
• Chapter 5
  • Summary and Findings
  • Implications
  • Conclusions
• Cases and Legislative Acts
• References
• Vitae

INTRODUCTION TO THE INVISIBLITY OF BLACKNESS: THE ONE DROP RULE AS A RHETORICAL CONSTRUCT

In the 1990s, a popular figure, Tiger Woods, attempted to claim an intermediate racial status by embracing his mixed race lineage. Woods, whose mother is Thai and whose father is Native American, African American, Caucasian, and Chinese, publicly refused the label of black. Woods created the term, “Cablinasian” to reflect his Caucasian, Native American, black, and Asian ancestry. Although many supported his attempts to embrace a multi-racial heritage, the doctrine known as the “one-drop-rule” shaped public opinion on the subject of his racial identity. The one-drop rule, also known as the rule of hypo-descent, recognizes a person as “black” if she possesses any trace of African ancestry.

After winning a Master’s Tournament, fellow golfer Fuzzy Zoeller’s responses to Tiger Woods reflected one-drop reasoning and racist thinking. Zoeller stated, “he hoped that Woods would not request that dinner consist of ‘fried chicken and black-eye peas’.” Zoeller assumes that because Woods’s father is partly “black” Woods must also be black. In this one-drop argument, the presence of other “blood lines” is irrelevant. Zoeller’s statement also supported a stereotype of black people, suggesting that all members of a group behavior the same. The stereotype is also racist because of the image of blacks eating fried chicken and/or watermelon supported white supremacist beliefs.3 Despite Woods’ attempt to embrace his ethnic and racially diverse heritage, some people continued to define him as black. In essence, this example illustrates how the doctrine known as the “one-drop rule” shapes contemporary public thought on matters involving race.

Although the one-drop rule has been studied by scholars in various disciplines, none have focused on how the one-drop rule operates rhetorically. Instead, scholars have traced its history or commented on how it influenced the formation of racial identity in the United States. In this dissertation, I offer a different perspective to understanding the significance of the one-drop rule by analyzing how this doctrine operates rhetorically in legal discourse. Through a rhetorical history of the doctrine I show how the one-drop rule becomes legally sanctioned through rhetorical commitments of court justices. I argue that one-drop reasoning serves as a persuasive strategy, used by court justices, operating as rhetors, in 1896 and 1985, to promote a commitment to racism.

Using, McGee’s theory of the ideograph, from Critical Rhetorical Theory, and Critical Race Theory, from legal studies, I reveal how race (Negro, mixed race, and white) is an integral component of legal discourse. Through this analysis I explore the relationship between racial identity, rhetoric, and power in legal discourse. The manner in which race is rhetorically defined in legal discourse highlights the racist nature of traditional legal theory and contributes to a racial hierarchy that is enforced through the law. Taking a critical rhetorical and legal approach, I believe, provides useful information to the on-going discussion of racial identity and the one-drop rule in rhetorical and legal studies…

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Origin, Development and Maintenance of a Louisiana Mixed-Blood Community: The Ethnohistory of the Freejacks of the First Ward Settlement

Ethnohistory
Volume 26, Number 2 (Spring, 1979)
pages 177-192

Darrell A. Posey
Georgia State University

The Fifth Ward Settlement is composed of approximately 2,500 mixed-blood (Black, While and Indian) inhabitants called “Freejacks.” The Settlement has developed as a result of various social, racial and legal distinctions that have altered the nature of the Settlement over its 150 year history. The origins and early development of the community are rooted in racial oppression, geographical isolation and cultural diversity. Today most of the restrictive racial barriers are removed, yet the Freejacks themselves seek to maintain boundaries to delineate the Settlement and preserve a distinctive identity.

The purpose of this paper is to trace the history of a single mixed-blood community, the Fifth Ward Settlement, to examine the changing social and political forces that have moulded the modem ethnically distinct group. The myth that mixed-blood groups are homogenous in origin is refuted and sub-group leadership patterns within the community are traced to historical heterogeneity. The community is seen as one delineated and characterized by established racial models, yet existent today as the result of various self-maintenance strategies to establish ethnic boundaries and preserve an idealized cultural and historical tradition.

The Fifth Ward Settlement is a mixed-blood community composed of approximately 2,500 individuals known in the area as “Freejacks,” who are said to be a racial mixture of Black, White, and Indian. The name “Freejack” is derogatory because of its connotations of racial mixture and is abhorred by residents of the Settlement. Freejacks claim to be White and vehemently deny racial mixture.

The Fifth Ward Settlement is located in Louisiana near the northern shore of Lake Pontchartrain (Fig. 1). The Settlement is bounded to the west and east by two White communities known as Germantown and Whiteville; it is bordered to the north by swamp and to the south by timberland. Two Black communities are found within the limits of the Settlement, one on the eastern…

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Critical Legal Theorizing, Rhetorical Intersectionalities, and the Multiple Transgressions of the “Tragic Mulatta,” Anastasie Desarzant

Women’s Studies in Communication
Volume 27, Issue 2, 2004
pages 119-148
DOI: 10.1080/07491409.2004.10162470

Marouf Hasian Jr., Professor of Communation
University of Utah

This essay provides a critical legal analysis of Anastasie Desarzant’s defamation case. The author argues that the use of an intersectional approach to legal discourse allows scholars to see how race, class, and gender issues influenced the social construction of the “tragic mulatta” in key Louisiana judicial contests. While the essay acknowledges that many contemporary and historical audiences have remembered “Toucoutou’s” (Desarzant’s) racial transgressions, they have forgotten about how some of her neighbors rallied to her cause in the late 1850s.

In recent years, a number of communication scholars have been interested in explicating some of the rhetorical strategies that have been used by feminists and other social agents who have resisted multiple forms of societal oppression (Demo, 2000; Dow, 1997; Shome, 2000; Squires & Brouwer, 2002). I would like to extend these insights by looking at how some women of color and their allies dealt with complexities of Louisiana slavery laws in the antebellum South. By looking at some of the textual arguments and public performances that appeared in Desarzant cases of the late 1850s, I hope to show how racialized subjects dealt with some of the regulatory powers of a judiciary that was dedicated to the preservation of the powers of whiteness. At the same time, I want to illustrate some of the rhetorical strategies that were used in these legal contests, so that we can see how “racial passing” was “both a social enterprise and a subject of cultural representation” (Wald, 2000, p. II).

Today we are used to thinking of racial identities in homogenous terms such as whiteness or blackness (Bonnett, 1999), but there have been times when racial identities had more fluidity and heterogeneity. For many years, scholars (Blassingame, 1973; Dominguez. 1986; Foner, 1970; Lachance, 1994; Omi & Winant, 1994) have been intrigued by the particularities of…

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The Lost German Slave Girl: The Extraordinary True Story of Sally Miller and Her Fight for Freedom in Old New Orleans

Grove/Atlantic, Inc.
November 2005
288 pages
Paperback ISBN-13: 978-0-8021-4229-0

John Bailey

It is a bright, spring morning in New Orleans, 1843. In the Spanish Quarter, on a street lined with flophouses and gambling dens, Madame Carl Rouff recognizes a face from her past. It is the face of Salomé Müller, her best friend’s daughter who disappeared twenty-five years earlier. But the young olive-skinned woman claims her name is Mary Miller—she is the property of a Frenchman who owns a nearby cabaret. She is a slave, with no memory of a “white” past, or of the Müller family’s perilous journey from its German village to New Orleans. And yet her resemblance to her mother is striking, and she bears two telltale birthmarks. Had a defenseless European orphan been callously and illegally enslaved, or was she an imposter? So began one of the most celebrated and sensational trials of nineteenth-century America.

In brilliant novelistic detail, award-winning historian John Bailey reconstructs the exotic sights, sounds, and smells of mid-nineteenth-century New Orleans, an “infernal motley crew” of cotton kings, decadent river workers, immigrants, and slaves. Miller’s dramatic trial offers an eye into the fascinating laws and customs surrounding slavery, immigration, and racial mixing. Did Miller, as her relatives sought to prove, arrive from Germany under perilous circumstances as an indentured servant or was she, as her master claimed, part African and a slave for life? The trial pits a humble community of German immigrants against Mary’s previous owner, John Fitz Miller, a hardened capitalist who is as respected by the community for his wealth and power as he is feared and distrusted, and his attorney, John Randolph Grymes, one of the brashest and most flamboyant lawyers of his time. Was Sally Miller’s licentious lifestyle proof that she was part African, as the defense argued? Or was she the victim of a terrible injustice? Bailey follows the case’s incredible twists and turns all the way to the Supreme Court, and comes to a shocking conclusion.

A tour de force of investigative history that reads like a suspense novel, The Lost German Slave Girl is a fascinating exploration of slavery and its laws, a brilliant reconstruction of mid-nineteenth-century New Orleans, and a riveting courtroom drama. It is also an unforgettable portrait of a young woman in pursuit of freedom.

A Free Man of Color

Grove/Atlantic, Inc.
October 2011
112 pages
5 1/2 x 8 1/4
Paperback ISBN-13: 978-0-8021-4566-6

John Guare

John Guare’s new play is astonishing, raucous, and panoramic. A Free Man of Color is set in boisterous New Orleans prior to the historic Louisiana Purchase. Before law and order took hold and class, racial, and political lines were drawn, New Orleans was a carnival of beautiful women, flowing wine, and pleasure for the taking. At the center of this Dionysian world is the mulatto Jacques Cornet, who commands men, seduces women, and preens like a peacock. But it is 1801 and the map of New Orleans is about to be redrawn. The Louisiana Purchase brings American rule and racial segregation to the chaotic, colorful world of Jacques Cornet and all that he represents, turning the tables on freedom and liberty.

Revolution, Romanticism, and the Afro-Creole Protest Tradition in Louisiana

Lousiana State University Press
2004-10-30
344 pages
6.00 x 9.00 inches / 8 halftones, 3 maps
ISBN-10: 0807130265; ISBN-13: 978-0807130261

Caryn Cossé Bell, Professor of History
University of Massachusetts, Lowell

Jules and Frances Landry Award

With the Federal occupation of New Orleans in 1862, Afro-Creole leaders in that city, along with their white allies, seized upon the ideals of the American and French Revolutions and images of revolutionary events in the French Caribbean and demanded Liberté, Egalité, Fraternité. Their republican idealism produced the postwar South’s most progressive vision of the future. Caryn Cossé Bell, in her impressive, sweeping study, traces the eighteenth-century origins of this Afro-Creole political and intellectual heritage, its evolution in antebellum New Orleans, and its impact on the Civil War and Reconstruction.

Table of Contents

• Introduction
• 1. Revolution and the Origins of Dissent
• 2. The Republican Cause and the Afro-Creole Militia
• 3. The New American Racial Order
• 4. Romanticism, Social Protest, and Reform
• 5. French Freemasonry and the Republican Heritage
• 6. Spiritualism’s Dissident Visionaries
• 7. War, Reconstruction, and the Politics of Radicalism
• Conclusion
• Appendix: Membership in Two Masonic Lodges and Biographical Information
• Bibliography
• Index

I Am What I Say I Am: Racial and Cultural Identity among Creoles of Color in New Orleans

University of New Orleans
2009-05-15
62 pages

Nikki Dugar

A Thesis Submitted to the Graduate Faculty of the University of New Orleans in partial fulfillment of the requirements for the degree of Master of Arts in History

This paper examines the generational changes in the culture and racial self-identification of Creoles of Color of New Orleans. This study argues that the key to understanding Creole culture is the role that isolationism has played in its history. While White ethnics pursued a path of assimilation, Creoles of Color pursued a path of isolationism. This path served them well during the Jim Crow era, but it suddenly became undesirable during the Black Power era. Now, however, new values of multiculturalism have resurrected Creole identity as a cultural asset.

Table of Contents

• List of Figures
• Abstract
• Introduction
• Historiography
• Early Debate
• Distinctly Creole
• Passing
• Light Skin With Good Hair
• Civil Rights Creoles
• Contemporary Creoles
• American Racial Policy and Ideology
• Multiracial Chic
• Conclusion
• Epilogue
• Vita

List of Figures

• Figure 1. Map depicting the proximity of traditional Creole institutions to each other
• Figure 2. Plan of New Orleans, 1872
• Figure 3. Geographic Distributions and Shifts of the Creole Population in New Orleans, 1800-2000
• Figure 4. North Claiborne Avenue before the construction of Interstate Highway 10, 1966
• Figure 5. North Claiborne Avenue after the construction of Interstate Highway 10, 2009

Introduction

“I‟m too white to be black and too black to be white,” remarked Ronald Ricard, a New Orleans Creole of Color, in an interview in the New Orleans Times-Picayune in 1977. Ricard was expressing a sentiment that many Creoles of Color continue to have about themselves. The feeling of not quite belonging to one race or the other has been an issue for many since the antebellum period. Since that time, the Creole community has gone through many political and social changes, which have affected not only the community‟s structure but also ideas about its racial identity. This study will focus particularly on three generations of Creoles: those who came of age before World War II, here called “Traditional Creoles” (born during the colonial period up to the 1930s); those who matured in the post war years, designated “Civil Rights Creoles” (born between 1940s and 1960s); and “Contemporary Creoles” (born in the 1970s to present day). In comparing these pre- and post-war groups, this study will explore how generational differences exist in how Creoles racially identify themselves.

To complicate matters further, Contemporary Creoles do not share a monolithic racial identity, for older and younger members of this category view certain issues very differently. This is to be expected, because identity is a constantly evolving phenomenon influenced by many external factors. Rather than gloss over their differences, this study will examine them closely in search of trends and patterns that will illuminate the entire history of Creoles of Color in New Orleans.

Primary sources used in this study include newspaper and magazine articles, maps, census data, and interviews conducted by the author. The latter were comprised of written questionnaires and follow-up oral interviews administered between Spring 2008 and Spring 2009. The sixteen interviewees were Creoles of Color, meaning people of mixed French-, African-, Spanish-, and Native-American ancestry, most of whom reside in or have familial ties to Louisiana. On the questionnaires, respondents supplied background information on themselves and family members including name, age, gender, current and previous neighborhood residences, and schools attended. They were then asked their opinions regarding Creoles of Color in New Orleans: what traits define the group, what racial and cultural differences separate Creoles from other African Americans, and what racial identity they and their families claim. After completing the questionnaires, participants were invited to contribute additional details, stories, and comments. These interviews, combined with other primary materials noted above, constitute the core of this research endeavor.

An array of secondary sources also informs this study. Secondary sources include works that examine the development of Creole culture. Sources on New Orleans history are used to place the different generations of Creoles within a historical context. Sources on multiculturalism, American popular culture, and Whiteness studies were also used to discuss the generations of Contemporary Creoles.

On the basis of the aforementioned primary and secondary sources, this study argues that the key to understanding Creole culture is the role that isolationism has played in its history. While White ethnics pursued a path of assimilation, Creoles of Color pursued a path of isolationism. This path served them well during the Jim Crow era, but it suddenly became undesirable during the Black Power era. Now, however, new values of multiculturalism have resurrected Creole identity as a cultural asset…

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In search of the power of whiteness: A genealogical exploration of negotiated racial identities in America’s ethnic past

Communication Quarterly
Volume 50, Issue 3-4 (2002)
pages 391-409
DOI: 10.1080/01463370209385674

Roberto Avant‐Mier, Associate Professor of Communication
University of Texas, El Paso

Marouf Hasian Jr., Professor of Communation
University of Utah

In this essay, the authors explore some of the relational, intersectional, and contextual dimensions of negotiated racial identities. By employing a genealogical method of analysis that looks at three key cases (Anastasie Desarzant, Homer Plessy, and Suzie Phipps), they investigate how various historically‐situated communities in Louisiana have dealt with some of the contradictions, multiplicities and tensions of racial and ethnic identity formation. They then apply these insights in an analysis of issues relating to colorblindness versus color consciousness and commentaries on contemporary examples of how negotiated identities might affect various present‐day publics, debates, and politics.

Americans have always had ambivalent feelings regarding the question of what to do about the nation’s racial identities, and this was especially true when citizens had to deal with the ambiguities of the Enlightenment ideals. During the time of the Founders, civic leaders talked about the importance of the notion that “all men [sic] are created equal,” but when these ideals were put into practice, they had to compete with the economic and social hierarchies that were considered to be mirrors of natural inequalities. Given these normative expectations, it should come as no surprise that in 1790, the first Congress voted that a person must be “white” in order to be a citizen (Nakayama & Krizek, 1995; Omi & Winant, 1994; Roediger, 1994). Since that time, the very notion of what it means to have either a “racial” or an “ethnic” identity has gotten even more complicated, as layers of legal, political, and cultural meanings have pulled us in the competing directions of defending either color con-…

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Maroon – On the Trail of Creoles in North America

National Film Board of Canada
2005
Running Time: 01:15:08

André Gladu, Director

Colette Loumède, Producer

Louisiana’s Creole culture helped shape the New World and contributed to the emergence of jazz. But what remains of this unique, mixed-race society, with roots in France, Africa, the Caribbean, Spain and America? Maroon searches for the origins of this little-understood and endangered culture and show how it is doing today. In this second part of his La piste Amérique series, documentary filmmaker André Gladu continues his exploration of the Francophone presence in North America. Maroon is a vibrant travelogue that goes back into history in order to shed light on the present. In French with English subtitles.

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