The campaign for racial purity and the erosion of paternalism in Virginia, 1922-1930: “nominally white, biologically mixed, and legally Negro”.

Posted in Articles, History, Law, Media Archive, Passing, Politics/Public Policy, Social Science, United States, Virginia on 2011-05-18 01:52Z by Steven

The campaign for racial purity and the erosion of paternalism in Virginia, 1922-1930: “nominally white, biologically mixed, and legally Negro”.

The Journal of Southern History
Volume 68, Number 1 (February 2002)
pages 65-106

J. Douglas Smith

In September 1922 John Powell, a Richmond native and world-renowned pianist and composer, and Earnest Sevier Cox, a self-proclaimed explorer and ethnographer, organized Post No. 1 of the Anglo-Saxon Clubs of America. By the following June the organization claimed four hundred members in Richmond alone and had added new groups throughout the state, all dedicated to “the preservation and maintenance of Anglo-Saxon ideals and civilization.” For the next ten years Powell and his supporters dominated racial discourse in the Old Dominion; successfully challenged the legislature to redefine blacks, whites, and Indians; used the power of a state agency to enforce the law with impunity fundamentally altered the lives of hundreds of mixed-race Virginians; and threatened the essence of the state’s devotion to paternalistic race relations.

The racial extremism and histrionics of the leaders of the Anglo-Saxon Clubs have attracted the attention of both legal scholars and southern historians, particularly those interested in the 1924 Racial Integrity Act, the major legislative achievement of the organization, and Loving v. Virginia, the 1967 U.S. Supreme Court decision that outlawed three centuries of miscegenation statutes in the United States. Historian Richard B. Sherman, for instance, has focused on the organization’s leaders, “a small but determined group of racial zealots who rejected the contention of most southern whites in the 1920s that the “race question was settled.” Sherman, who has written the most detailed account of the legislative efforts of the Anglo-Saxon Clubs, has argued in the pages of the Journal of Southern History that the leaders of the organization constituted a “dedicated coterie of extremists who played effectively on the fears and prejudices of many whites.” Convinced that increasing numbers of persons with traces of black blood were passing as white, they made a “Last Stand” against racial amalgamation.

While Sherman is certainly correct that the Anglo-Saxon Clubs owed their success to the commitment of their leaders, their views and policies resonated with a much broader swath of the white population. The Anglo-Saxon Clubs did not merely manipulate the racial fears and prejudices of whites but also tapped into the same assumptions that undergirded the entire foundation of white supremacy and championed segregation as a system of racial hierarchy and control. The call for racial integrity appealed especially to elite whites in Virginia who were obsessed with genealogy and their pristine bloodlines. Lady Astor, for instance, reportedly informed her English friends that they lacked the purity of the white inhabitants of the Virginia Piedmont. “We are undiluted,” she proclaimed. Author Emily Clark satirized this prevailing view in Richmond when one of her characters remarked, “for here alone, in all America, flourished the Anglo-Saxon race, untainted, pure, and perfect.” White elites across Virginia gave their support to the Anglo-Saxon Clubs and allowed Powell’s message a hearing: state senators and delegates approved legislation; governors publicly advocated the aims of the organization; some of the most socially prominent women in Richmond joined the ladies auxiliary; and influential newspapers offered editorial support and provided a public platform for the dissemination of the organization’s extreme views…

…In addition to exposing a fundamental weakness in the system of managed race relations, the Anglo-Saxon Clubs unintentionally revealed the absurdity of the basic assumption that underlay their mission: it proved impossible to divide the state, or the nation for that matter, into readily identifiable races. The longer they waged their campaign, the more apparent it became that they could not divine the precise amount of nonwhite blood in a given individual. Furthermore, the Anglo-Saxon Clubs met a great deal of resistance from individuals and communities who rejected the clubs’ particular construction of racial identity. Communities across the state revealed a variability in race relations that confounded those most committed to a discrete, binary definition of race…

…Although Powell and Cox initially placed their efforts within the broader nativist context of the national debate over federal immigration policy, they soon ceased to mention immigration at all. (11) Instead, they focused their energies toward “achieving a final solution” to the “negro problem.” Their ultimate concern, as they suggested in lengthy articles in the Times-Dispatch, was to prevent “White America” from devolving into a “Negroid Nation.” Writing in July 1923, Powell argued that the passage of Jim Crow laws and the disfranchisement of blacks had “diverted the minds of our people from the most serious and fundamental peril, that is, the danger of racial amalgamation.” “It is not enough to segregate the Negro on railway trains and street cars, in schools and theaters,” the pianist declared; “it is not enough to restrict his exercise of the franchise, so long as the possibility remains of the absorption of Negro blood into our white population.” Powell acknowledged that Virginia’s laws already prevented the intermarriage of blacks and whites but warned that such laws did not necessarily “prevent intermixture.” He and his colleagues in the Anglo-Saxon Clubs also believed that a 1910 Virginia statute that defined a black person as having at least one-sixteenth black blood no longer protected the integrity of the white race. Pointing to census figures that showed a decrease in the number of mulattoes in Virginia from 222,910 in 1910 to 164,171 in 1920, they argued that an increasing number of people with some black blood must be passing as white. Consequently, a new, “absolute” color line offered the only “possibility, if not the probability, of achieving a final solution.”

Powell’s analysis of census data, however, points to the absurdity of his campaign to define race in absolute terms. While Powell interpreted the steep drop in mulattoes as proof of increased passing, historian Joel Williamson argues that by the early twentieth century the only significant “mixing” occurred between lighter-skinned blacks and darker-skinned blacks. Even census officials warned in 1920 that “considerable uncertainty necessarily attaches to the classification of Negroes as black and mulatto, since the accuracy of the distinction depends largely upon the judgment and care employed by the enumerators.” Mulattoes in Virginia did not become white between 1910 and 1920 but rather became black. In fact, the census bureau did away with mulatto as a category for the 1930 enumeration…

…Although Powell was the Anglo-Saxon Clubs’ leading spokesman, Walter Plecker, as director of the Bureau of Vital Statistics, was without a doubt the group’s primary enforcer. From 1924 until his retirement twenty-two years later, Plecker waged a campaign of threats and intimidation aimed at classifying all Virginians by race and identifying even the smallest traces of black blood in the state’s citizens. In short, the statistician operated on the belief that a person was guilty of being black until he or she could prove otherwise.

Plecker considered it his mission to encourage as many Virginians as possible to register with the state. Between ten and twenty thousand near-white Virginians, he noted, “possess an intermixture of colored blood, in some cases to a slight extent, it is true, but still enough to prevent them from being white.” Such people previously had been considered white, which had allowed them to demand “admittance of their children to white schools” and “in not a few cases” to marry whites. Although such people were “scarcely distinguished as colored,” they “are not white in reality.” Registration, he argued, would enable the Bureau of Vital Statistics to head off such trouble…

…Linking racial integrity and segregated schools assumed a level of critical importance as the General Assembly prepared to meet in January 1930. Revelations that a number of mixed-race children attended white schools in Essex County provided advocates of a stricter racial-definition law the means of persuasion that they had lacked in 1926 and 1928 when they were seen as unnecessarily harassing the state’s Indians. The situation in Essex County first developed in 1928 as local school officials took steps to remove from the white schools children considered mixed. One family resisted, hired a lawyer, and filed suit. In the Circuit Court of Essex County, school officials acknowledged that the children in question had less than one-sixteenth black blood. Consequently, Judge Joseph W. Chinn ruled that the children could not be kept out of white schools.

Chinn based his ruling on what racial integrity advocates had long understood as a loophole in the original legislation. The 1924 Racial Integrity Act defined a white person as an individual with “no trace whatsoever of any blood other than Caucasian,” making an exception only for certain Indians, and failed to define a black person. Furthermore, the act specifically prohibited the intermarriage of a white person with a nonwhite person, but it made no mention of the schools. Powell later testified that he had assumed that all persons not deemed white would be automatically classified black. But since the 1924 statute did not amend the 1910 act which termed blacks as persons with one-sixteenth or more black blood, an individual with less than one-sixteenth black blood could not be considered black, and therefore he or she could not be prevented from attending white schools.

A reporter for the Richmond Times-Dispatch concluded that under Chinn’s ruling “any child having less than one-sixteenth Negro blood, not only can attend a white school, but must attend it, and is by law prevented from attending a colored school.” The judge’s opinion, moreover, opened the door for persons with less than one-sixteenth black blood to attend any of Virginia’s colleges or universities. In the wake of Chinn’s decision, local officials understood that their only avenue of relief lay with the state legislature passing a stricter law; consequently, sponsors introduced a measure that defined as black “any person in whom there is ascertainable any Negro Blood”—the so-called one-drop rule

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Mildred Loving

Posted in Articles, Biography, Identity Development/Psychology, Law, United States, Virginia on 2011-05-17 04:16Z by Steven

Mildred Loving

The Economist
2008-05-15

Mildred Loving, law-changer, died on May 2nd, aged 68

The loved each other. That must have been why they decided to get their marriage certificate framed and to hang it up in the bedroom of their house. There was little else in the bedroom, save the bed. Certainly nothing worth locking the front door for on a warm July night in 1958 in Central Point, Virginia. No one came this way, ten miles off the Richmond Turnpike into the dipping hills and the small, poor, scattered farmhouses, unless they had to. But Mildred Loving was suddenly woken to the crash of a door and a torch levelled in her eyes.

All the law enforcement of Caroline county stood round the bed: Sheriff Garnett Brooks, his deputy and the jailer, with guns at their belts. They might have caught them in the act. But as it was, the Lovings were asleep. All the men saw was her black head on the pillow, next to his.

She didn’t even think of it as a Negro head, especially. Her hair could easily set straight or wavy. That was because she had Indian blood, Cherokee from her father and Rappahannock from her mother, as well as black. All colours of people lived in Central Point, blacks with milky skin and whites with tight brown curls, who all passed the same days feeding chickens or smelling tobacco leaves drying, and who all had to use different counters from pure whites when they ate lunch in Bowling Green. They got along. If there was any race Mrs Loving considered herself, it was Indian, like Princess Pocahontas. And Pocahontas had married a white man

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“Abominable Mixture”: Toward the Repudiation of Anglo-Indian Intermarriage in Seventeenth-Century Virginia

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, United States, Virginia on 2011-03-28 02:53Z by Steven

“Abominable Mixture”: Toward the Repudiation of Anglo-Indian Intermarriage in Seventeenth-Century Virginia

The Virginia Magazine of History and Biography
Volume 95, Number 2 (April, 1987)
pages 157-192

David D. Smits, Professor of History
The College of New Jersey

Students of Amerindian-white relations have long ascribed to the English colonists an aversion to race mixing, especially through intermarriage, with the North American natives. To be sure, it is recognized that there was some Indian-white interbreeding, and even marriage, on all Anglo-American frontiers, but proportionately less than in Franco- and Hispanic-America. Virginia’s well-known marriage of John Rolfe to Pocahontas did not establish a widely imitated precedent for Anglo-Indian matrimony in the colony. A 1691 Virginia law prohibiting Anglo-Indian marriage and informal sexual unions surely indicates that they occurred; with a few notable exceptions, however, the Englishman who took a native wife, concubine, or mistress violated the colony’s mores…

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Census Bureau Reports Final 2010 Census Data for the United States

Posted in Articles, Census/Demographics, Louisiana, Media Archive, Mississippi, Texas, United States, Virginia on 2011-03-25 02:15Z by Steven

Census Bureau Reports Final 2010 Census Data for the United States

United States Census Bureau
Census 2010
2011-03-24

The U.S. Census Bureau announced today that 2010 Census population totals and demographic characteristics have been released for communities in all 50 states, the District of Columbia and Puerto Rico. These data have provided the first look at population counts for small areas and race, Hispanic origin, voting age and housing unit data released from the 2010 Census. With the release of data for all the states, national-level counts of these characteristics are now available.

For each state, the Census Bureau will provide summaries of population totals, as well as data on race, Hispanic origin and voting age for multiple geographies within the state, such as census blocks, tracts, voting districts, cities, counties and school districts.

According to Public Law 94-171, the Census Bureau must provide redistricting data to the 50 states no later than April 1 of the year following the census. As a result, the Census Bureau is delivering the data state-by-state on a flow basis. All states will receive their data by April 1, 2011.

Highlights by Steven F. Riley

  • The United States population (for apportionment purposes)  is 308,745,538. This represents a 9.71% increase over 2000.
  • The U.S. population including Puerto Rico is 312,471,327.  This represents a 9.55% increase over 2000.
  • The number of repondents (excluding Puerto Rico) checking two or more races (TOMR) is 9,009,073 or 2.92% of the population. This represents a 31.98% increase over 2000.
  • The number of repondents (including Puerto Rico) checking TOMR is 9,026,389 or 2.89% of the population.  This represents a 29.23% increase over 2000.
  • Hawaii has the highest TOMR response rate at 23.57%, followed by Alaska (7.30%), Oklahoma (5.90%) and California (4.87%).
  • California has the highest TOMR population at 1,815,384, followed by Texas (679,001), New York (585,849), and Florida (472,577).
  • Mississppi has the lowest TOMR response rate at 1.15%, followed by West Virginia (1.46%),  Alabama (1.49%) and Maine (1.58%).
  • Vermont has the lowest TOMR population at 10,753, followed by North Dakota (11,853), Wyoming (12,361) and South Dakota (17,283).
  • South Carolina has the highest increase in the TOMR response rate at 100.09%, followed by North Carolina (99.69%), Delaware (83.03%) and Georgia (81.71%).
  • New Jersey has the lowest increase in the TOMR response rate at 12.42%, followed by California (12.92%), New Mexico (16.11%), and Massachusetts (17.81%).
  • Puerto Rico has a 22.83% decrease in the TOMR response rate and New York has a 0.73% decrease in the TOMR response race.  No other states or territories reported decreases.
2010 Census Data for “Two or More Races” for States Above
# State Total Population Two or More Races (TOMR) Percentage Total Pop. % Change from 2000 TOMR % Change from 2000
1. Louisiana 4,533,372 72,883 1.61 1.42 51.01
2. Mississippi 2,967,297 34,107 1.15 4.31 70.36
3. New Jersey 8,791,894 240,303 2.73 4.49 12.42
4. Virginia 8,001,024 233,400 2.92 13.03 63.14
5. Maryland 5,773,552 164,708 2.85 9.01 59.00
6. Arkansas 2,915,918 72,883 2.50 9.07 59.50
7. Iowa 3,046,355 53,333 1.75 4.10 67.83
8. Indiana 6,483,802 127,901 1.97 6.63 69.02
9. Vermont 625,741 10,753 1.71 2.78 46.60
10. Illinois 12,830,632 289,982 2.26 3.31 23.38
11. Oklahoma 3,751,351 221,321 5.90 8.71 41.89
12. South Dakota 814,180 17,283 2.12 7.86 70.18
13. Texas 25,145,561 679,001 2.70 20.59 31.93
14. Washington 6,724,540 312,926 4.65 14.09 46.56
15. Oregon 3,831,074 144,759 3.78 11.97 38.20
16. Colorado 5,029,196 172,456 3.43 16.92 41.14
17. Utah 2,763,885 75,518 2.73 23.77 60.01
18. Nevada 2,700,551 126,075 4.67 35.14 64.96
19. Missouri 5,988,927 124,589 2.08 7.04 51.82
20. Alabama 4,779,736 71,251 1.49 7.48 61.28
21. Hawaii 1,360,301 320,629 23.57 12.28 23.63
22. Nebraska 1,826,341 39,510 2.16 6.72 64.95
23. North Carolina 9,535,483 206,199 2.16 18.46 99.69
24. Delaware 897,934 23,854 2.66 14.59 83.03
25. Kansas 2,853,118 85,933 3.01 6.13 52.10
26. Wyoming 563,626 12,361 2.19 14.14 39.15
27. California 37,253,956 1,815,384 4.87 9.99 12.92
28. Ohio 11,536,504 237,765 2.06 1.59 50.59
29. Connecticut 3,574,097 92,676 2.59 4.95 23.82
30. Pennsylvania 12,702,379 237,835 1.87 3.43 67.23
31. Wisconsin 5,686,986 104,317 1.83 6.03 55.94
32. Arizona 6,392,017 218,300 3.42 24.59 48.98
33. Idaho 1,567,582 38,935 2.48 21.15 52.04
34. New Mexico 2,059,179 77,010 3.74 13.20 16.11
35. Montana 989,415 24,976 2.52 9.67 58.78
36. Tennessee 6,346,105 110,009 1.73 11.54 74.32
37. North Dakota 672,591 11,853 1.76 4.73 60.22
38. Minnesota 5,303,925 125,145 2.36 7.81 51.25
39. Alaska 710,231 51,875 7.30 13.29 51.92
40. Florida 18,801,310 472,577 2.51 17.63 25.58
41. Georgia 9,687,653 207,489 2.14 18.34 81.71
42. Kentucky 4,339,367 75,208 1.73 7.36 77.20
43. New Hampshire 1,316,470 21,382 1.62 6.53 61.81
44. Michigan 9,883,640 230,319 2.33 -0.55 19.70
45. Massachusetts 6,547,629 172,003 2.63 3.13 17.81
46. Rhode Island 1,052,567 34,787 3.30 0.41 23.14
47. South Carolina 4,625,364 79,935 1.73 15.29 100.09
48. West Virginia 1,852,994 27,142 1.46 2.47 71.92
49. New York 19,378,102 585,849 3.02 2.12 -0.73
50. Puerto Rico 3,725,789 122,246 3.28 -2.17 -22.83
51. Maine 1,328,361 20,941 1.58 4.19 65.58
52. District of Columbia 601,723 17,316 2.88 5.19 71.92
Total (with Puerto Rico) 312,471,327 9,026,389 2.89 9.55 29.23
U.S. Population 308,745,538 9,009,073 2.92 9.71 31.98

Tables compiled by Steven F. Riley. Source: United States Census Bureau

2000 Census Data for “Two or More Races” for States Above
# State Total Population Two or More Races (TOMR) Percentage
1. Louisiana 4,469,976 48,265 1.08
2. Mississippi 2,844,658 20,021 0.74
3. New Jersey 8,414,250 213,755 2.54
4. Virginia 7,078,515 143,069 2.02
5. Maryland 5,296,486 103,587 1.96
6. Arkansas 2,673,400 35,744 1.34
7. Iowa 2,926,324 31,778 1.09
8. Indiana 6,080,485 75,672 1.24
9. Vermont 608,827 7,335 1.20
10. Illinois 12,419,293 235,016 1.89
11. Oklahoma 3,450,654 155,985 4.52
12. South Dakota 754,844 10,156 1.35
13. Texas 20,851,820 514,633 2.47
14. Washington 5,894,121 213,519 3.62
15. Oregon 3,421,399 104,745 3.06
16. Colorado 4,301,261 122,187 2.84
17. Utah 2,233,169 47,195 2.11
18. Nevada 1,998,257 76,428 3.82
19. Missouri 5,595,211 82,061 1.47
20. Alabama 4,447,100 44,179 0.99
21. Hawaii 1,211,537 259,343 21.41
22. Nebraska 1,711,263 23,953 1.40
23. North Carolina 8,049,313 103,260 1.28
24. Delaware 783,600 13,033 1.66
25. Kansas 2,688,418 56,496 2.10
26. Wyoming 493,782 8,883 1.80
27. California 33,871,648 1,607,646 4.75
28. Ohio 11,353,140 157,885 1.39
29. Connecticut 3,405,565 74,848 2.20
30. Pennsylvania 12,281,054 142,224 1.16
31. Wisconsin 5,363,675 66,895 1.25
32. Arizona 5,130,632 146,526 2.86
33. Idaho 1,293,953 25,609 1.98
34. New Mexico 1,819,046 66,327 3.65
35. Montana 902,195 15,730 1.74
36. Tennessee 5,689,283 63,109 1.11
37. North Dakota 642,200 7,398 1.15
38. Minnesota 4,919,479 82,742 1.68
39. Alaska 626,932 34,146 5.45
40. Florida 15,982,378 376,315 2.35
41. Georgia 8,186,453 114,188 1.39
42. Kentucky 4,041,769 42,443 1.05
43. New Hampshire 1,235,786 13,214 1.07
44. Michigan 9,938,444 192,416 1.94
45. Massachusetts 6,349,097 146,005 2.30
46. Rhode Island 1,048,319 28,251 2.69
47. South Carolina 4,012,012 39,950 1.00
48. West Virginia 1,808,344 15,788 0.87
49. New York 18,976,457 590,182 3.11
50. Puerto Rico 3,808,610 158,415 4.16
51. Maine 1,274,923 12,647 0.99
52. District of Columbia 572,059 13,446 2.35
Total (with Puerto Rico) 285,230,516 6,984,643 2.45
  United States 281,421,906 6,826,228 2.43

Tables compiled by Steven F. Riley.  Source: United States Census Bureau

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Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia

Posted in Articles, Identity Development/Psychology, Law, Media Archive, United States, Virginia on 2011-02-13 20:20Z by Steven

Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia

Georgetown Law Review
Volume 77, Number 6 (August 1989)
pages 1967-2029

A. Leon Higginbotham, Jr., Judge (1928-1998)
United States Court of Appeals (3rd Circuit)

Barbara K. Kopytoff, Professor of Law (1938-1999)
University of Pennsylvania

I. Introduction

There is probably no better place than Virginia to examine the origins of the American doctrine of racial purity and the related prohibitions on interracial sex and interracial marriage. Many people applaud Virginia as the “mother of Presidents” (four of the first five Presidents were Virginians) and the “mother of revolutionaries,” such as Thomas Jefferson, George Washington, and Patrick Henry. Yet few stress that colonial Virginia was also the “mother” of American slavery and a leader in the gradual debasement of blacks through its institution of slavery. Virginia was also one of the first colonies to formulate a legal definition of race and to enact prohibitions against interracial marriage and interracial sex. For more than three centuries, the Virginia courts and legislatures advocated and endorsed concepts of racial purity that we would call racist.

While Virginia was a pioneer in these areas of law both before and after the Civil War, the pre-Civil War law was significantly different from that of the early twentieth century. The law of racial purity in the eighteenth century defined “white” as a less exclusive term than did the law of the twentieth century: people some of whose ancestors were known to be African could be legally white. The laws banning interracial sex and marriage were less harsh on blacks before the Civil War than they were afterwards: they did not punish blacks at all for marriage or for voluntary sexual relations with whites…

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In Census, Young Americans Increasingly Diverse

Posted in Articles, Census/Demographics, Louisiana, Mississippi, New Media, United States, Virginia on 2011-02-06 19:04Z by Steven

In Census, Young Americans Increasingly Diverse

The New York Times
2011-02-04

Sabrina Tabernise

WASHINGTON — Demographers sifting through new population counts released on Thursday by the Census Bureau say the data bring a pattern into sharper focus: Young Americans are far less white than older generations, a shift that demographers say creates a culture gap with far-reaching political and social consequences.

Mississippi, Virginia, New Jersey and Louisiana all had declines in their populations of white residents ages 18 and under, according to the bureau’s first detailed report on the 2010 Census.

…Growth in the number of white youths slowed sharply in the 1990s, up by just 1 percent in the decade, as the number of white women of childbearing age fell, according to Kenneth M. Johnson, a demographer at the University of New Hampshire.

More recently, it has dipped into a decline. The number of whites under the age of 20 fell by 6 percent between 2000 and 2008, Mr. Johnson said, citing countrywide census estimates.

Instead, growth has come from minorities, particularly Hispanics, as more Latino women enter their childbearing years. Blacks, Asians and Hispanics accounted for about 79 percent of the national population growth between 2000 and 2009, Mr. Johnson said.

The result has been a changed American landscape, with whites now a minority of the youth population in 10 states, including Arizona, where tensions over immigration have flared, said William H. Frey, a demographer at the Brookings Institution…

…Even in Virginia, a largely suburban state whose white adult population rose considerably over the decade, the young white population registered a decline.

In contrast, the number of mixed-race children doubled, Hispanic children doubled, and Asian children were up by more than two-thirds, according to Mr. Johnson…

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The Law: Anti-Miscegenation Statutes: Repugnant Indeed

Posted in Articles, History, Law, Media Archive, Politics/Public Policy, Social Science, United States, Virginia on 2010-06-17 15:34Z by Steven

The Law: Anti-Miscegenation Statutes: Repugnant Indeed

Time Magazine
1967-06-23

Judge Leon Bazile looked down at Richard Loving and Mildred Jeter Loving as they stood before him in 1959 in the Caroline County, Va. courtroom. “Almighty God,” he intoned, “created the races white, black, yellow, Malay and red, and he placed them on separate continents. The fact that he separated the races shows that he did not intend for the races to mix.” With that, Judge Bazile sentenced the newlywed Lovings to one year in jail. Their crime: Mildred is part Negro, part Indian, and Richard is white.

In Virginia, as in 15 other states (the number was once as high as 30), there is a law barring white and colored persons from intermarrying. The Lovings could have avoided the sentence simply by leaving the state, but they eventually decided to fight the Virginia antimiscegenation law “on the ground that it was repugnant to the 14th Amendment.” In rare unanimity, all nine Supreme Court Justices agreed last week that it was repugnant indeed.

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How Mixed-Race Politics Entered the United States: Lydia Maria Child’s ‘Appeal’

Posted in Articles, History, Literary/Artistic Criticism, New Media, Politics/Public Policy, Slavery, Social Science, United States, Virginia on 2010-04-12 17:11Z by Steven

How Mixed-Race Politics Entered the United States: Lydia Maria Child’s ‘Appeal’

ESQ: A Journal of the American Renaissance
Volume 56, Number 1, 2010 (Nos. 218 O.S.)
pages 71-104
DOI: 10.1353/esq.0.0043

Robert Fanuzzi, Assistant Chair and Associate Professor of English
St. Johns University, Queens, New York

For scholars of the colonial and early national United States, it is difficult if not impossible to retell the story of social egalitarianism and political liberty without recounting the social, political, and legal codes governing the practice of miscegenation. Under both the colonial British regime and the post-Revolutionary political order of the United States, these laws and customs operated hand in hand with the equally determinate laws of slavery and citizenship, helping to decide who was a democratic subject and who was not.

In seventeenth- and eighteenth-century Virginia, prohibitions against mixed-race marriages and extramarital unions along with their mixed-race offspring helped to create a new, putatively classless caste system, which equated the dignity of free labor and property holding with a pure British ancestry and the indignity of coercive labor with an African ancestry. In doing so, these laws paved the way for a historic argument for civic equality that rendered the American colonist the genetic bearer of English liberty.  In the new American republic, miscegenation laws functioned even more transparently as citizenship decrees, stipulating the whiteness of politically enfranchised subjects and, often capriciously, the blackness of the enslaved or disenfranchised. The logical outcome of these laws, the “one drop of blood” provision, was a testament to the determination of the privileged caste to maintain an artificially scarce supply of citizens by keeping their legal, economic, and political assets from their mixed-race descendants.

Miscegenation laws and regulations played an equally formative role in the civic culture of the antebellum era, when social prejudice against race mixing helped to police civil relations and to foreclose the scope of civic activism…

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“Tell the Court I Love My [Indian] Wife” Interrogating Race and Self-Identity in Loving v. Virginia

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, Social Science, United States, Virginia on 2010-04-12 03:26Z by Steven

“Tell the Court I Love My [Indian] Wife” Interrogating Race and Self-Identity in Loving v. Virginia

Souls: A Critical Journal of Black Politics, Culture, and Society
Volume 8, Issue 1 (April 2006)
pages 67-80
DOI: 10.1080/10999940500516983

Arica L. Coleman, Assistant Professor of Black American Studies
Unverisity of Delaware

The article reexamines the Loving V. Virginia case by focusing on their tri-racial community of Central Point, Virginia and Mildred Loving‘s self identity as an Indian woman. Loving’s self identity was informed by the twentieth-century politics of racial purity, which resulted in a community-wide denial of African ancestry. I argue that Mildred Loving’s marriage to a white man was not an affirmation of Black/white intermarriage, but rather adhered to the code of racial purity as defined by the state of Virginia, a legacy which continues in the post-Civil Rights era.

The 1967 case of Loving v. Virginia, in which the Supreme Court declared anti-miscegenation laws unconstitutional, has garnered far less scholarly attention than its 1954 predecessor. Brown v. the Board of Education, which overturned legalized segregation. What little appeared in the way of scholarship has focused on analysis the history the history of anti-miscegenation legislation, the events which led up to the case presentation before the nine justices, the legal precedents regarding the arguments presented before the court, and the unanimous decision delivered by Chief Justice Earl Warren. Until recently with the exception of an article which appeared in Ebony magazine several months after the Supreme Court decision, writers have given little attention to the personal lives of the actual plaintiffs now enshrined in American history, as “the couple that rocked the courts.”…

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Understanding Race: The Evolution of the Meaning of Race in American Law and the Impact of DNA Technology on its Meaning in the Future

Posted in Articles, History, Law, Media Archive, Social Science, United States, Virginia on 2010-04-12 01:18Z by Steven

Understanding Race: The Evolution of the Meaning of Race in American Law and the Impact of DNA Technology on its Meaning in the Future

Albany Law Review
Volume 72, Issue 4 (2009)
Pages 1113-1143

William Q. Lowe
Albany Law School

Race has played a decisive role in nearly all aspects of American society, yet its meaning in various contexts remains unclear.  Throughout history, individuals have struggled to define “race” as it pertains to science, society, and the law in particular. Although race became a part of the English language in the mid-sixteenth century, it did not take on its modern definition until the early nineteenth century. Scientific, social, and political interpretations of race have gone through an evolutionary process as well. After over two-hundred years of trying to understand its meaning, “[t]he word ‘race’ defies precise definition in American law.” Countless competing theories exist as to the definition and meaning of race, and the inability for one to earn universal support poses a significant problem to the American legal system. Despite the fact that numerous statutes have been enacted to prohibit racial discrimination throughout all aspects of American society, “the law has provided no consistent definition of race and no logical way to distinguish members of different races from one another.”

It has been argued that “race” was first used as a tool to classify individuals during the age of colonial exploration; however, this use was maintained for centuries. Today, classifications based on race are still present in America, and have been found to be permissible in some instances, such as when used to remedy instances of past discrimination. With the predominant role race continues to play in American society, to ensure that all are treated fairly under the law, it is imperative that a single definition of race is applied universally to all Americans. It is foreseeable that advances in science, particularly in DNA testing, will allow for a uniform method of determining one’s race.

This note will discuss the current lack of a settled definition of race in American Law, and the potential role DNA technology can play in remedying the problems associated with it. Part II of this Note will explore the concept of race by examining various definitions of race and how they have evolved into the modern definition. This section will additionally look at the historical understanding of the meaning of race, and the recent divergence from traditional thought. Part III of this Note will analyze the role of race throughout American legal history. This portion of the Note will address historical notions of race in America, the origin of the need to define race, and the treatment of race by the legislature and the courts. Part IV of this Note will discuss current DNA technology and the potential impact it may have of on modern concepts of race, particularly with regard to the law. It is foreseeable that advances in DNA technology will allow scientists to identify and classify individuals through an analysis of their genetic information.

The first legislative attempt at defining race took place in Virginia, nearly one-hundred years before America gained its independence from England, and it was enacted in response to the “uncertain status” of children born with parents of mixed race. The statute was concerned only with the status of mulatto children who were born to a black woman, and stated that the race of the mother would be used to determine the race of the child. This policy reflected the biological definition of race, as the skin color of the individual in question was determinative. This statute was in contrast to that of English law, where inheritance followed the paternal line. Ultimately, under the Virginia statute, children born of a free white man and his slave could potentially be considered to be slaves themselves.

The presence of many free blacks residing in Virginia quickly made this statute unworkable, because it was not easy to determine if a child’s black ancestry came from his or her mother’s side or his or her father’s side. The possibility that a white woman could have a child with a black man, whether he was a slave or a free man, resulted in mulatto children being exiled from Virginia, and ultimately led to the creation of “one-drop rules.” Such rules held that an individual would be classified as black, despite the fact that his or her genetic makeup was primarily white…

Subsequently, Virginia, as well as other states, passed similar laws aimed at the prevention of interracial marriages. Pursuant to such laws, any white person who married a non-white would be exiled from Virginia. The language used in the statute is striking, as interracial marriage is referred to as “that abominable mixture and spurious issue which hereafter may encrease in this dominion.” This serves as yet another example of the hierarchical system of classification based on race at this time in American history.

Later statutes based on the “one-drop rule” departed from the 1662 Virginia statute in the sense that they did not take a “physical appearance approach.” Such “[f]ormula-based definitions of race” became increasingly popular in the South, and Booker T. Washington provided an accurate description of what they entailed: “[I]f a person is known to have one percent of African blood in his veins, he ceases to be a white man. The ninety-nine percent of Caucasian blood does not weigh by the side of the one-percent of African blood. . . . The person is a Negro every time.” In practice, most states with race-based statutes formed under the “one-drop rule” held that individuals who had at least one black grandparent were legally black. It should be noted, however, that “as the likelihood that more biracial people could be classified as white… the laws became more restrictive… finally culminating in the one-drop rule…

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