Mixed Race Studies

“They Call It Marriage”: the Louisiana Interracial Family and the Making of American Legitimacy

Book Manuscript In Progress

Diana Irene Williams, Assistant Professor of History, Law and Gender Studies
University of Southern California

Winner of the 2008 William Nelson Cromwell Dissertation Prize in Legal History.

“They Call it Marriage” examines interracial marriage between black women and white men in nineteenth-century Louisiana. It explores how broad political and social struggles affected the ways white men and black women related to each other. And it considers why mid-nineteenth-century Louisiana was such an important setting for national struggles over race, gender, legitimacy, and power.

After the Civil War, Louisiana authorities repealed the interracial marriage prohibition and permitted retroactive legitimation of “private religious” marriages. In doing so, they exposed an obscure past in which many had refused to submit to the law as authoritatively given. Some people laid claim to the language of legitimate matrimony in defiance of state law, demanding justice on their own terms and with a keen awareness of competing regional, religious, and civil jurisdictions. In highlighting the perspective of those outside the legal profession, I focus on law as a terrain of struggle rather than a fixed set of rules.

The use of interracial marriage laws to regulate the inheritance of both property and social status dated back to Louisiana’s earliest French colonial government. Mandating that mixed-race children inherit the status of their (black) mother only, these regulations established the parameters of enslaved and racialized populations. Because legal kinship affected titles to household property in Louisiana, these laws encouraged distant kin and creditors to monitor interracial families’ internal affairs…

…The disputed illegitimate past of Louisiana interracial families had significance beyond the state’s borders. This manuscript traces the rhetoric of interracial genealogy and racial indeterminacy in antecedents of Plessy v. Ferguson. Louisiana authorities’ persistence in invoking racial fluidity well into the 1890s complicates historians’ efforts to locate a transition point at which the region exchanged a fluid Latin racial system for a strictly binary American one. In this regard, “They Call it Marriage” explores the gendered history of private life in order to offer a means of reconsidering the nature of Jim Crow segregation.

Chapters

1. Licensing Marriage in Early Louisiana
2. “Religion Law” vs. Civil Law
3. Quadroon Balls, Plaçage, and Consensus Narratives
4. Concubinage and Legal Narratives
5. Forced Heirs and Family Drama
6. Interracial Marriage and the Law in Post-emancipation Louisiana
7. “Bastards Begat by their Masters”

Read the entire description here.

Commentary: Living in a Mixed-Race America

Essence.com
Essence Magazine
2009-10-20

June Cross, Assistant Professor of Journalism
Columbia University

As if being married had anything to do with Blacks and Whites producing mixed-race children.

That was my first thought upon reading that an elected official in Louisiana had refused to marry a Black man and a White woman out of concern for what might happen to the children.

Ever since African-Americans landed on these shores in chains, Black women carried the offspring of their White masters. And indentured women servants, often of Irish descent, bore the children of Black men back in the seventeenth century before Virginia became the first state in the union to make interracial marriage illegal in 1691…

…Where did a quarter million mixed race people go? Geneologists think they decided to pass as White and mixed themselves right into the great American melting pot. Of course, in Louisiana, where race-mixing has been going on since before the birth of the nation, all you had to do was cross the county lines to disappear…

Read the entire article here.

Written Out of History

Pomona College Magazine
Pomona College, Claremont, California
Fall 2002
Volume 39, Number 1

Michael Balchunas

Spurred by a glimpse of family history, Professor Sid Lemelle is bringing to light a little-known aspect of the African Diaspora.

When the new people moved in, all eyes were upon them. There were comments about the way they looked, how much money they might have, what kind of work they did, their morals, their customs and their character. At first, it was all good. The newcomers, who were farmers, engineers, mechanics and other workers, wrote to friends left behind and extolled the virtues of their new home. That stirred pangs of fear among some residents, and a newspaper ran an editorial. More of these people might come, it said, and “since the Negro is a creature of imitation and not invention…they will degenerate…and [become] vicious…a nuisance and pest to society.”

The year was 1857, and the newcomers, from Louisiana, had settled near Coatzacoalcos, Mexico, about 50 miles inland from the Caribbean port of Veracruz. Their history, like much of the history of the African Diaspora, is virtually unknown.

Sidney Lemelle is working to change that…

…Another misperception is that the U.S. South was a strictly bipolar society of white masters and black slaves, he says. In antebellum Louisiana, a significant number of white planters, businessmen and government officials fathered mixed-race offspring, who became part of a stratum more privileged than slaves, other free blacks or poorer white residents, according to Lemelle. He is particularly intrigued by how race and racial identity issues were connected to property rights and ownership in Louisiana and Mexico in the 19th century. Building on the theories of UCLA legal scholar Cheryl Harris, he believes that “whiteness” was constructed by mixed-blood people and became the basis of racialized privilege; that “whiteness” was legitimized as a form of status property, which gave some individuals rights over others, even though both possessed African blood…

Read the entire article here.

Legal Transplants: Slavery and the Civil Law in Louisiana

University of Southern California Legal Studies Working Paper Series
Working Paper 32
May 2009
37 pages

Ariela J. Gross, Professor of Law and History
University of Southern California Law School

Can Louisiana tell us something about civil law vs. common law regimes of slavery? What can the Louisiana experience tell us about a civil law jurisdiction “transplanted” in a common-law country? Louisiana is unique among American states in having been governed first by France, then by Spain, before becoming a U.S. territory and state in the nineteenth century. Unlike other slave states, it operated under a civil code, first the Digest of 1808, and then the Code of 1825. With regard to the regulation of slaves, these codes also incorporated a “Black Code,” first adopted in 1806, which owed a great deal to both French and Spanish law. Comparisons of Louisiana with other slave states tend to emphasize the uniqueness of New Orleans’ three-tier caste system, with a significant population of gens de couleur libre (free people of color), and the ameliorative influence of Spanish law. This reflects more general assumptions about comparative race and slavery in the Americas, based on the work of Frank Tannenbaum and other historians of an earlier generation, who drew sharp contrasts between slavery in British and Spanish America. How does the comparison shift if we turn our attention away from slave codes, where Tannenbaum focused, to the “law in action”? At the local level, one can see the way slaves took advantage of the gap between rules and enforcement, and to fathom racial meanings at the level of day-to-day interactions rather than comparisions of formal rules. This essay surveys three areas of law involving slaves – manumission, racial identity, and “redhibition” (breach of warranty) – to compare Louisiana to other jurisdictions, and particularly to its common-law neighbors.

…The first major slave codes in the North American colonies date to 1680-82. They draw numerous distinctions on the basis of race rather than status, including laws against carrying arms and against leaving the owner’s plantations without a certificate. A penalty of thirty lashes met “any Negro” who “lift up his hand against any Christian.” In 1691, English women were fined for having a bastard child with a negro. In 1705, all mulatto children were made servants to the age of 31 in Virginia; Maryland and North Carolina adopted the same rule within the next several decades.

By the time the U.S. became a republic, only those of African descent were slaves, and all whites were free. Yet there were a significant number of individuals and entire communities of mixed ancestry with ambiguous racial identity along the Eastern seaboard. In the southeast, Indian tribes both absorbed runaway slaves and, in the late eighteenth century, adopted African slavery. In addition to the 12,000 people designated in the Census as “free people of color” in Virginia, there were 8000 in Maryland in 1790, 5000 in North Carolina, 1800 in South Carolina, and 400 in Georgia…

Read the entire paper here.

Creoles of Color in the Bayou Country

University Press of Mississippi
1994
192 pages
Paper ISBN: 0878059490, ISBN 13: 9780878059492

Carl A. Brasseaux, Professor of History and Director of the Center for Cultural and Eco-Tourism
University of Louisiana, Lafayette

Claude F. Oubre

Keith P. Fontenot

Creoles of Color are rightfully among the first families of south-western Louisiana. Yet in both antebellum and postbellum periods they remained a people considered apart from the rest of the population. Historians, demographers, sociologists, and anthropologists have given them only scant attention.

This probing book, focused on the mid-eighteenth to the early twentieth centuries, is the first to scrutinize this multiracial group through a close study of primary resource materials.

During the antebellum period they were excluded from the state’s three-tiered society–white, free people of color, and slaves. Yet Creoles of Color were a dynamic component in the region’s economy, for they were self-compelled in efforts to become and integral part of the community.

Bayou Folk

Prometheus Books
Originally Published by Houghton Mifflin in 1894
Pages: 286
Paperback ISBN: 1-57392-975-1

Kate Chopin

The author who today is probably best known for her novel The Awakening initially established her literary reputation with short stories about life in rural Louisiana during the late nineteenth century. Born Katherine O’Flaherty in St. Louis, Missouri, she later married Oscar Chopin, a Creole cotton trader and commission merchant, and lived in and around New Orleans for more than a decade until her husband’s death. During these years, while raising six children on a Southern plantation, Chopin became acquainted with Creoles, Cajuns, and newly freed blacks. After her husband’s death she returned to St. Louis and began writing, drawing from her recent experience in Louisiana to create her fiction.

The stories collected in Bayou Folk present remarkably vivid snapshots of daily life in a now vanished world. Many of them highlight the relations between blacks and whites in a society where the rules of engagement still reflected the entrenched patterns of slavery some two decades after the Civil War. As she was ahead of her time regarding women’s rights in The Awakening, where she depicted a woman unafraid to throw off traditional restraints, Chopin was also farsighted about race relations in Bayou Folk. Perhaps the story Désirée’s Baby about the birth of a mixed-race baby to two ‘white’ parents best expresses the uneasy relationship between blacks and whites in the old South, and the moral outrage of its strict codes against miscegenation.

Chopin’s gifts for capturing the dialects of the region and for telling a compelling story in memorable vignettes provide the reader with a richly rewarding experience.

Louisiana Creoles: Cultural Recovery and Mixed-Race Native American Identity (review)

The American Indian Quarterly
Volume 33, Number 4
Fall 2009
E-ISSN: 1534-1828
Print ISSN: 0095-182X
DOI: 10.1353/aiq.0.0078

Gary C. Cheek Jr.

Jolivétte, Andrew J., Louisiana Creoles: Cultural Recovery and Mixed-Race Native American Identity, Lexington Books, 2006.

“Who is white?” Jolivétte asks in the first chapter of his recent Louisiana Creoles, posing a controversial question that concerns both racial and ethnic identity. Part of the issue, he states, is a matter of family history, and the other is based on choice. Here he explores ideas about racial and ethnic identity, mixing and definition. At its core the book discusses the internal struggle of Louisiana Creoles with mixed heritage to define themselves among family and friends, within local communities, and among Americans at large. The author then explores how members of Creole communities have fought to acknowledge their unique blend of cultural traditions and heritage, particularly by including Native American lineage, to forge a multiracial ethnic identity and why they choose to define themselves as such.

The study approaches questions about race, ethnicity, and choice both sociologically and anthropologically. Jolivétte includes portions of his research tools in the appendices. These include a survey, interview questions, and a list of Creole organizations, periodicals…

Purchase or read the entire review here.

The Louisiana Metoyers

American Visions
June, 2000

Elizabeth Shown Mills

Gary B. Mills (1944-2002)

The Metoyer family of Louisiana provides an intriguing ample of the degree to which class, race and economic lines were blurred in early America. The Metoyers were both slaves and masters; in that regard, they were not unique. They were singular in the degree of their success. In the pre-Civil War South, they were, as a family unit, the wealthiest of all free families of color in the nation. After the war, they endured generations of poverty but preserved a rich store of oral history, much of which has been documented at Melrose Plantation in Melrose, La. The Metoyer family has been nationally conspicuous since 1975–the year that Melrose, the last of at least a dozen pillared, two-story “mansion houses” that they built on their plantations, was declared a National Historic Landmark.

On January 8, 1736, Francoise (a slave belonging to Chevalier Louis Juchereau de St. Denis) and Marie Francoise were married in Natchitoches, La. The only clues indicating the origins of this African couple are the names of four of their children: Dgimby, Choera, Yandon and Coincoin. These names can be attributed to the Ewe linguistic group of the Gold Coast-Dahomey region of Africa. Although Catholic custom required all baptized Christians to bear a saint’s name, popular custom among the French permitted a variety of nicknames, or dits, as the French called them. The custom extended to the slave population as well, and a number of slaves are identified in official records by the African name that French masters permitted them to retain.

The pronunciation of Coincoin is close to that of Ko-kwe, a name given to all second-born daughters by those who speak the Glidzi dialect of the Ewe language. Marie Therese dite Coincoin, the second daughter born to Francois and Marie Francoise, was baptized at the Natchitoches Post on August 24, 1742. Colonial Louisiana’s Code Noir (Black Laws), which did not permit the separation by sale of a husband and wife or of a child under 14 from its mother, kept the family of Francois and Marie Francoise together as a stable unit until April 18, 1758, when the couple died together in an epidemic that also killed their mistress…

Read the entire article here.

What Blood Won’t Tell: A History of Race on Trial in America

Harvard University Press
October 2008
384 Pages
Hardcover ISBN 13: 978-0-674-03130-2; ISBN 10: 0-674-03130-X
Paperback ISBN 13: 978-0-674-04798-3; ISBN 10: 0-674-04798-2

Ariela J. Gross, John B. and Alice R. Sharp Professor of Law and History
University of Southern California

• Co-Winner 2009 James Willard Hurst Prize, Law and Society Association
• Co-Winner 2009 Lillian Smith Book Awards, the Southern Regional Council and the University of Georgia
• Winner of the 2009 American Political Science Association Award for the Best Book on Race, Ethnicity and Politics

Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity.

Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character.

Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.

Louisiana Creoles: Cultural Recovery and Mixed-Race Native American Identity

Lexington Books an imprint of Rowman & Littlefield Publishers
December 2006
Cloth: 0-7391-1896-X / 978-0-7391-1896-2
Paper: 0-7391-1897-8 / 978-0-7391-1897-9

Andrew J. Jolivétte, Associate Professor of American Indian Studies
San Francisco State University

Foreword by Paula Gunn Allen

Louisiana Creoles examines the recent efforts of the Louisiana Creole Heritage Center to document and preserve the distinct ethnic heritage of this unique American population. Dr. Andrew Jolivétte uses sociological inquiry to analyze the factors that influence ethnic and racial identity formation and community construction among Creoles of Color living in and out of the state of Louisiana. By including the voices of contemporary Creole organizations, preservationists, and grassroots organizers, Jolivétte offers a comprehensive and insightful exploration of the ways in which history has impacted the ability of Creoles to self-define their own community in political, social, and legal contexts. This book raises important questions concerning the process of cultural formation and the politics of ethnic categories for multiracial communities in the United States. In the aftermath of Hurricane Katrina the themes found throughout Louisiana Creoles are especially relevant for students of sociology and those interested in identity issues.

Table of Contents

• Foreword: Paula Gunn Allen
• Introduction: Who Is White?
• The Reconfiguring of Creole-Indian Identity in Louisiana: Situating the Other in Social Discourse
• Including Native Identity in the Creole of Color Movement: Ethnic Renewal and Cultural Revival within a Black-Indian Population
• Migratory Movement: The Politics of Ethnic Community (Re)Construction Among Creoles of Color, 1920-1940
• Examining the Regional and Multi-Generational Context of Creole and American Indian Identity
• Conclusion: (Re)Imagining and (Re)Writing Racial Categories