Mixed Race Studies

Property Rites: The Rhinelander Trial, Passing, and the Protection of Whiteness

University of North Carolina Press
April 2009
408 pages
6.125 x 9.25, 10 illus., notes, bibl., index
Cloth ISBN  978-0-8078-3268-4
Paper ISBN  978-0-8078-5939-1

Elizabeth M. Smith-Pryor, Assistant Professor of History
Kent State University

In 1925 Leonard [Kip] Rhinelander, the youngest son of a wealthy New York society family, sued to end his marriage to Alice [Beatrice] Jones, a former domestic servant and the daughter of a “colored” cabman. After being married only one month, Rhinelander pressed for the dissolution of his marriage on the grounds that his wife had lied to him about her racial background. The subsequent marital annulment trial became a massive public spectacle, not only in New York but across the nation—despite the fact that the state had never outlawed interracial marriage.

Elizabeth Smith-Pryor makes extensive use of trial transcripts, in addition to contemporary newspaper coverage and archival sources, to explore why Leonard Rhinelander was allowed his day in court. She moves fluidly between legal history, a day-by-day narrative of the trial itself, and analyses of the trials place in the culture of the 1920s North to show how notions of race, property, and the law were—and are—inextricably intertwined.

A Beautiful Lie: Exploring Rhinelander v. Rhinelander as a Formative Lesson on Race, Marriage, Identity, and Family

California Law Review
Volume 95, Issue 6 (2007)
pages 2393-2458

Angela Onwuachi-Willig, Professor of Law and Charles M. and Marion J. Kierscht Scholar
University of Iowa College of Law

During the mid-1920s, the story of the courtship, marriage, and separation of Alice Beatrice Jones and Leonard Kip Rhinelander astounded the American public, especially the citizens of New York and black Americans across the country.  Alice, a chambermaid and the racially mixed daughter of English immigrants who had worked as servants on a large estate in Bradford, England, had committed the social faux pas of falling in love with and marrying Leonard Kip Rhinelander, the son of a white multi-millionaire who descended from the French Huguenots.  Or rather, as certain arguments from Leonard’s trial attorney Isaac Mills and later the jury’s verdict would together suggest, Leonard had committed a social offense by “knowingly” loving and marrying Alice, a colored woman.

Scandal arose about the marriage of Alice and Leonard when a story with the title “Rhinelanders’ Son Marries Daughter of a Colored Man” ran in the Standard Star of New Rochelle on November 13, 1924.  Two weeks later, on November 26, 1924, Leonard filed for an annulment of his marriage to Alice. In his Complaint, Leonard alleged that Alice had misrepresented her race to him by improperly leading him to believe that she was white, “not colored,” before their nuptials. New York law did not ban interracial marriages between Blacks and Whites at the time; thus, Alice and Leonard’s marriage was not automatically void.  In the state of New York, the law did not identify interracial marriages as so odious to public policy that they were legally impossible; however, fraud as to a spouse’s race before marriage signaled that there had been no meeting of the minds between husband and wife. Given the importance of racial classifications and their corresponding status in society, New York courts readily accepted knowledge about a spouse’s race to be a factor so crucial to the understanding of the marital contract that fraud about it rendered the marriage voidable and thus eligible to be annulled from its start.  In other words, the primary basis for recognizing knowledge of a spouse’s race as a material fact that went to the essence of marriage, a requirement for annulling voidable marriages based on fraud after consummation, was racial prejudice and social opprobrium of intermixing. Additionally, although New York had not followed many southern states in adopting the “one drop rule,” many Whites in New York agreed that any taint of colored blood removed a person from the class of white citizens. In essence, because of long-held beliefs about racial genetics and community expectations about social barriers of race in 1920s New York, knowledge of a spouse’s race was considered to be as central to marriage as the ability to consummate it.  Thus, no question was ever raised about whether Leonard’s alleged basis for annulment, racial fraud, could legitimately serve as a reason for legally declaring his marriage to Alice to be void…

Read the entire article here.

Passing

W. W. Norton & Company
September 2007
584 pages
5.2 × 8.4 in
Paperback ISBN: 978-0-393-97916-9

Nella Larsen

Edited by

Carla Kaplan, Davis Distinguished Professor of American Literature
Northeastern University

Nella Larsen is a central figure in African American, Modernist, and women’s literature.

Larsen’s status as a Harlem Renaissance woman writer was rivaled by only Zora Neale Hurston’s. This Norton Critical Edition of her electrifying 1929 novel includes Carla Kaplan’s detailed and thought-provoking introduction, thorough explanatory annotations, and a Note on the Text. An unusually rich “Background and Contexts” section connects the novel to the historical events of the day, most notably the sensational Rhinelander/Jones case of 1925. Fourteen contemporary reviews are reprinted, including those by Alice Dunbar-Nelson, Mary Griffin, and W. E. B. Du Bois. Published accounts from 1911 to 1935—by Langston Hughes, Juanita Ellsworth, and Caleb Johnson, among others—provide a nuanced view of the contemporary cultural dimensions of race and passing, both in America and abroad. Also included are Larsen’s statements on the novel and on passing, as well as a generous selection of her letters and her central writings on “The Tragic Mulatto(a)” in American literature. Additional perspective is provided by related Harlem Renaissance works. “Criticism” provides fifteen diverse critical interpretations, including those by Mary Helen Washington, Cheryl A. Wall, Deborah E. McDowell, David L. Blackmore, Kate Baldwin, and Catherine Rottenberg. A Chronology and Selected Bibliography are also included.

Table of Contents

Acknowledgments
Introduction
A Note on the Text
The Text of Passing
Backgrounds and Contexts
REVIEWS

1. Mary Rennels – “Passing” Is Novel of Longings (April 27, 1929)
2. Beyond the Color Line (April 28, 1929)
3. Margaret Cheney Dawson – The Color Line (April 28, 1929)
4. The Dilemma of Mixed Race: Another Study of Color-line in New York (May 1, 1929)
5. Alice Dunbar-Nelson – As In a Looking Glass (May 3, 1929)
6. W. B. Seabrook – Touch of the Tar-brush (May 18, 1929)
7. Esther Hyman – Passing by Nella Larsen (June 1929)
8. Aubrey Bowser – The Cat Came Back (June 5, 1929)
9. Mary Griffin – Novel of Race Consciousness (June 23, 1929)
10. W. E. B. Du Bois – Passing (July 1929)
11. Mary Fleming Larabee – Passing (August 1929)
12. Do They Always Return? (September 28, 1929)
13. “M. L. H.” – Passing (December 1929)
14. Passing (December 12, 1929)

CONTEMPORARY COVERAGE OF PASSING AND RACE

1. When Is a Caucasian Not a Caucasian? (March 2, 1911)
2. [Publisher’s Preface to the 1912 Edition of Johnson’s Autobiography of an Ex-Colored Man]
3. Writer Says Brazil Has No Color Line (October 1925)
4. Blood Will Tell (July 24, 1926)
5. Don Pierson – Does It Pay to “Pass?” (August 20, 1927)
6. Juanita Ellsworth – White Negroes (May-June 1928)
7. Lewis Fremont Baldwin – From From Negro to Caucasian, Or How the Ethiopian Is Changing His Skin (1929)
8. Emilie Hahn – Crossing the Color Line (July 28, 1929)
9. Caleb Johnson – Crossing the Color Line (August 26, 1931)
10. Langston Hughes – Passing for White, Passing for Colored, Passing for Negroes Plus (1931)
11. 75,000 Pass in Philadelphia Every Day (December 19, 1931)
12. Careful Lyncher! He May Be Your Brother (January 21, 1932)
13. Blonde Girl Was ‘Passing‘ (January 23, 1932)
14. Swedish Negro Baby! (April 28, 1932)
15. Virginia Is Still Hounding ‘White’ Negroes Who ‘Pass’ (June 29, 1935)

THE RHINELANDER/JONES CASE

1. Mark J. Madigan – Miscegenation and “the Dicta of Race and Class”: The Rhinelander Case and Nella Larsen’s Passing (1990)
2. Selected newspaper articles on the case (list pending)

AUTOBIOGRAPHY AND BIOGRAPHY

1. About Nella Larsen
2. Miss Nella Larsen Bids for Literary Laurels (May 12, 1928)
3. Thelma E. Berlack – New Author Unearthed Right Here in Harlem (May 23, 1928)
4. Mary Rennels – Behind the Backs of Books and Authors (April 13, 1929)
5. [Letter about Nella Larsen] Jean Blackwell Hutson to Louise Fox (August 1, 1969)
6. Thadious M. Davis – Nella Larsen’s Harlem Aesthetic (1989)
7. George Hutchinson – Nella Larsen and the Veil of Race (1997)
8. Larson on birth, Passing, and death
9. Davis on birth, Passing, and death
10. Hutchinson on birth, Passing, and death

Author’s Statements

1. Nella Larsen Imes, “Author Statement,” 1926
2. Nella Larsen Imes, Guggenheim Application
3. [In Defense of Sanctuary]

Letters

1. To Carl Van Vechten [1925]
2. To Charles S. Johnson [August 1926]
3. To Eddie Wasserman
4. To Eddie Wasserman
5. To Dorothy Peterson
6. To Dorothy Peterson
7. To Dorothy Peterson
8. To Dorothy Peterson
9. To Langston Hughes
10. To Gertrude Stein
11. To Carl Van Vechten
12. To Carl Van Vechten

THE TRAGIC MULATTO(A)

1. Lydia Maria Child – The Quadroons (1842)
2. Williams Wells Brown– From Clotel (1853)
3. Frances Harper – From Iola Leroy (1892)
4. William Dean Howells – From An Imperative Duty (1892 or 83?)
5. Kate Chopin – The Father of Désirée’s Baby (1893)
6. Mark Twain – From Pudd’nhead Wilson (1894)
7. Charles Chesnutt – From The House behind the Cedars (1900)
8. Georgia Douglass Johnson – The Octoroon (1922)
9. Countee Cullen – Near White (1925)
10. Langston Hughes – Mulatto (1927)
11. Fannie Hurst – From Imitation of Life (1933)

SELECTED WRITINGS ABOUT PASSING

1. Frank Webb – From The Gairies and Their Friends (1852)
2. Frances Harper – From Iola Leroy (1892)
3. Charles Chesnutt – From House behind the Cedars (1900)
4. James Weldon Johnson – From Autobiography of an Ex-Colored Man (1912)
5. Jessie Redmon Fauset – The Sleeper Wakes (1920)
6. Countee Cullen – Two Who Crossed a Line (1925)
7. Walter White – From Flight (1926)
8. Jessie Redmon Fauset – From Plum Bun (1928)
9. Rudolph Fisher – From The Walls of Jericho (1928)
10. George S. Schuyler – From Black No More (1931)
11. Langston Hughes – Passing (1934)

SELECTED WRITINGS FROM THE HARLEM RENAISSANCE

1. Joseph Seamon Cotter, Jr. – The Mulatto to His Critics (1918)
2. Countee Cullen – Heritage (1925)
3. W. E. B. Du Bois – Criteria of Negro Art (1926)
4. Nella Larsen [Pseud. Allen Semi] – Freedom (1926)
5. George S. Schuyler – The Negro-Art Hokum (1926)
6. Carl Van Vechten – From Nigger Heaven (1926)
7. From Negro Womanhood’s Greatest Needs: A Symposium (1927)

Criticism

1. Nathan Irvin Huggins – [Schizophrenia from Racial Dualism]
2. Mary Mabel Youman – Nella Larsen’s Passing: A Study in Irony
3. Claudia Tate – Nella Larsen’s Passing: A Problem of Interpretation
4. Mary Helen Washington – Nella Larsen: Mystery Woman of the Harlem Renaissance
5. Cheryl A. Wall – Passing for What? Aspects of Identity in Nella Larsen’s Novels
6. Deborah E. McDowell – [Black Female Sexuality in Passing]
7. David L. Blackmore – “That Unreasonable Restless Feeling”: The Homosexual Subtexts of Nella Larsen’s Passing
8. Jennifer DeVere Brody – Clare Kendry’s “True” Colors: Race and Class Conflict in Nella Larsen’s Passing
9. Helena Michie – [Differences among Black Women]
10. Judith Butler – Passing, Queering: Nella Larsen’s Psychoanalytic Challenge
11. Ann duCille – Passing Fancies
12. Kate Baldwin – The Recurring Conditions of Nella Larsen’s Passing
13. Gayle Wald – Passing and Domestic Tragedy
14. Catherine Rottenberg – Passing: Race, Identification, and Desire
15. Miriam Thaggert – Racial Etiquette: Nella Larsen’s Passing and the Rhinelander Case

Nella Larsen: A Chronology
Selected Bibliography